General conditions of sale – sfxradio
The website http://www.sfxradio.com
is exploited by the Grelot Productions company, a private limited company with capital of €18,574.54, entered in the Paris Registry of Trade and Companies under number B 413 473 935, whose registered office is located 57 rue de Richelieu – 75002 Paris, France.
Article 1 – Scope of application
The General Conditions of Sale shall apply exclusively to the current and future commercial relations existing between the Grelot Productions company and all customers having opened a personal account and selected a subscription plan on the website http://www.sfxradio.com
(hereinafter the “Site”). In order to download a sound, the customer must select a subscription plan (hereinafter the “Subscriber”), consult the “subscription” page and follow the instructions. As these General Conditions of Sale may be amended, the conditions applicable to a sale shall be those in effect on the Site on the date of subscription.
Article 2 – Capacity – Acceptance of the General Conditions of Sale
2.1 Capacity – Use of the Site
The purpose of the Site is to assist you in the search for sound elements, by enabling you to download a number of sound elements (sound effects, effects, voice-offs, music) (hereinafter the “Sounds”) of your choice, the whole hereinafter referred to as “the Service”. You must be legally capable to contract (that is, with respect to French citizens, be an adult or emancipated minor, with respect to a company, be legally formed and registered on the Site by its legal representative), and to use this Site in accordance with these General Conditions of Sale. Except in the case of fraud, which you must prove, you shall be financially liable for your actions on the Site, in particular the use that shall be made of your user name and your pass word. You also warrant the truthfulness and accuracy of the information concerning you furnished on the Site. Any fraudulent use of the Site or use contrary to these General Conditions of Sale shall justify, at all times, your being refused access to the functionalities of the Site.
2.2 Acceptance of the General Conditions of Sale
No Site subscription can be validated without your acceptance of these General Conditions of Sale. You may read these General Conditions of Sale at all times when surfing on the Site. Your effective acceptance of these General Conditions of Sale shall take place at the time of confirmation of your subscription plan, as defined in Article 3.1 herein. You shall be requested to acknowledge having read all of these General Conditions of Sale and having accepted them irrevocably, fully and without reservation by ticking the box “By ticking this box, I acknowledge having read the General Conditions of Sale and General Conditions of Use and I accept them”. Your subscription plan cannot be confirmed until after acceptance of these General Conditions of Sale. Absent proof to the contrary, the data registered by the Site at the time of the order, in accordance with the provisions of Article 10 of these General Conditions of Sale, shall constitute proof of all of the operations that go through Grelot Productions, in particular acceptance of the General Conditions of Sale.
Article 3 – Subscription and downloading of sound
3.1.1 Subscription plans and procedure
Prior to any downloading of sound, the Subscriber must subscribe to one of the downloading plans as proposed on the Site (hereinafter “the Plan(s)”). The Plans may be either limited to a number of downloads of Sounds but for an unlimited duration (hereinafter referred to as “the Limited Subscription(s)”), or unlimited in number of downloads of Sound but limited to a period of 1 (one) year as from the date of subscribing to the Subscription (hereinafter referred to as “the Unlimited Subscription(s)”). The Subscription shall be immediate once the Subscriber has duly completed the form with the data necessary for the creation of a personal account, accepted these General Conditions of Sale and paid the price corresponding to the selected Subscription Plan.
3.1.2 Refusal of subscription by Grelot Productions
Grelot Productions reserves the right to cancel or refuse any subscription by a Subscriber with whom there has been a dispute relating to the payment of a prior order.
3.1.3 Follow up of the Subscription
We invite you to keep informed of the evolution of your Subscription by logging into the “My Account” area.
For all questions relating to a Subscription or a cancellation, you may contact Grelot Productions' Customer Service whose contact details are indicated in Article 12 of these General Conditions of Sale. In the case of Unlimited Subscriptions, the Subscriber hereby acknowledges that if he decides to cancel his Unlimited Subscription prior to the term provided on the Site, Grelot Productions shall not be bound to reimburse him any sum whatsoever, which the Subscriber hereby expressly accepts.
3.2 Downloading of Sounds
3.2.1 Selection of Sounds
The selection of Sounds shall be made on the Site via the various categories of “Sounds”. Whenever you desire using a Sound, all you have to do is click on "WAV" or "MP3" on the Sounds description page after having clicked on a category of Sounds.
3.2.2 Downloading of Sounds
In order to download a Sound, you must click on the "WAV" or "MP3" icon. You may – at all times - visualise all of the Sounds you have selected by clicking on the icon “Your Sounds Shopping Cart” appearing on the upper right of your screen. When you have completed your order, all you have to do is click on the icon “download your shopping cart” in order to recuperate the selected Sounds.
3.2.3 Confirmation of downloading
When you have clicked on the icon “are you sure you want to download your shopping cart?”, the order shall be irrevocably and definitively accepted. The transaction is then registered. A summary electronic letter shall be sent to you at the electronic address furnished at the time of creation of your account. The amount to pay consecutive to the number of downloaded Sounds is then deducted from the price of the Subscription that you will have paid at the time of subscribing to your Subscription. The Sounds are thereafter downloaded on your computer.
Article 4 - Price
4.1 Prices are indicated on the Site in euros, inclusive of all taxes.
Grelot Productions reserves the right to modify the price of each of the Subscription Plans. Grelot Productions shall inform each Subscriber, by electronic mail, at the address furnished by the Subscriber in question at the time of his inscription, of any price increase, at least 15 (fifteen) days before it goes into effect. In such case, a Subscriber who does not accept such price increase may terminate his subscription by sending an e-mail to the following address: email@example.com. Absent termination by the Subscriber, the new pricing shall then be applicable as from the next subscription due date following the effective date of the new pricing. Any increase in VAT (Value Added Tax) shall be automatically and immediately applied to the price of the Service. The same shall apply in case of creation of any new tax based on the price of the Service to which Grelot Productions shall become subject. The conditions for termination provided for in case of modification of the price of the subscription plans as set forth above shall apply under the same conditions in case of modification of the price resulting from any increase in or creation of new taxes.
4.2 It is hereby recalled that the costs of Internet connection and communication related to use of the Service shall not be assumed by Grelot Productions and shall be borne by the Subscriber.
Article 5 – Payment
Several methods for payment of the subscription are proposed on the Site (by Carte Bleue bank cards of the EIG Carte Bleue, Visa, Eurocard, MasterCard). Whenever the Subscriber communicates his bank details to Grelot Productions, such details shall not be retained by Grelot Productions. The price of the subscription is payable according to the terms and conditions provided on the Site:
- for a determined number of downloads of Sounds in the case of a Limited Subscription;
- for an unlimited number of downloads of Sounds and a period limited to 1 (one) year as from the date of subscribing to the Subscription in the case of an Unlimited Subscription.
In order to optimise the security of the transactions, Grelot Productions has selected the payment systems of the Sociéte Générale (SOGENACTIF) as well as Paypal.
Article 6 – Territory
Subscriptions are available to all natural persons or legal entities world-wide, subject to their holding a bank card having a secured payment server (Carte Bleue of the EIG Carte Bleue, Visa, Eurocard, MasterCard).
Article 7 – Suspension / early termination
Without prejudice to any damages that Grelot Productions could claim, Grelot Productions reserves the right to suspend a Subscriber's access to the Service, in particular if an Unlimited Subscription is involved and/or terminate his subscription ipso jure and forthwith without any indemnity, in the following cases:
- non-compliance by the Subscriber with these General Conditions of Sale, in particular:
- non observance of the intellectual property rights of Grelot Productions and/or its licensors,
- bypassing or attempt to bypass technical protection measures put in place by Grelot Productions,
- simultaneous multiple connections to the same Grelot Productions Service or attempted simultaneous multiple connections,
- providing false information at the time of his Subscription to the Service; total or partial failure by the Subscriber to pay the price of his Subscription;
- in general, conduct contrary to Grelot Productions' commercial interests.
The Subscriber, in turn, may terminate his Subscription forthwith and without any indemnity owing to Grelot Productions, in case of serious breach by Grelot Productions of its principal obligations as defined in these General Conditions of Sale or for legitimate reasons such as technical incompatibility of the Unlimited Subscription with the Subscriber's equipment.
Article 8 – Defects, non-conformity
Any Sound that is defective or non-conforming with the order (the confirmation e-mail being proof thereof), shall be promptly replaced. It is understood that any claim or dispute must be notified within a maximum time limit of 48 hours, in writing (fax, e-mail or letter), specifying the number of the delivery slip or the invoice, as well as the noted anomalies. Beyond such time limit, the downloaded Sounds shall be deemed as conforming to the Order.
Article 9 – Liability
The proposed Sounds comply with French law in force. Grelot Productions shall not be held liable for non-performance of the concluded contract in the case where non-performance of its obligations is attributable either to an unforeseeable and insurmountable act of a third party to the contract, or to a case of force majeure or a fortuitous event, or due to your fault or the fault of a third party or extraneous causes such as labour disputes, intervention of civil or military authorities, natural disasters, floods, or water damage. In the same way, Grelot Productions cannot be held liable for any inconveniences or damages inherent to use of the Internet network, in particular, disruption in service, interruption of the telecommunications network or the electric network for which it was not at the origin.
Article 10 – Nominative information
Grelot Productions attaches great importance to the confidentiality of personal data. The rules, detailed below, shall apply to all of the services provided on the Site by Grelot Productions, in particular to subscriptions.
10.1 Processing of personal data
The information that you communicate on the Site enables Grelot Productions to process and execute your orders. In accordance with Article 32 of the Data Processing and Freedoms Law of 6 January 1978, as amended by Law 2004-801 of 6 August 2004, information which is indispensable for Grelot Productions' processing and executing of the orders are marked by an asterisk on the pages of the Site. Other requested information for which the answer is optional or information relating to your interest in the offers liable to be sent to you by Grelot Productions, are intended to better know the users and thereby improve the services proposed to them, while ensuring the security of such information. Unless you notify your objection, Grelot Productions may communicate such optional information concerning you to partner companies. All information so collected by Grelot Productions shall be the subject matter of a declaration with the Commission Nationale de l'Informatique et des Libertés [National Commission for Data Processing and Freedoms] under approval number 1512425. Grelot Productions may send you, by any and all means, in particular by letter, e-mail or fax, information enabling you to better know and better use the Site, to allow you to benefit from promotional offers displayed on the Site, in strict compliance with the provisions of Law no. 2004-801 “For Confidence in the Digital Economy” and Law no. 78-17 “Data Processing and Freedoms”, as amended, subject to your prior consent, according to the cases specified in these General Conditions of Sale. In such case, Grelot Productions undertakes to comply with French and Europeans laws on the protection of personal data, and to ensure an adequate level of protection for the processing carried out.
10.2 Right of opposition, access, modification, rectification and deletion
You may consult the nominative information collected in the rubric “My Account”. In accordance with Articles 39 et seq. of Law no. 78-17 of 6 January 1978, as amended in 2004 relating to data processing, files and freedoms, you have a right of opposition, access, modification, rectification and deletion of data concerning you, by contacting the Customer Service whose contact details appear in Article 12 of these General Conditions of Sale. You may exercise such right:
- via the rubric “My Account” of the Site in which you may modify, delete, update and correct all of the information concerning you;
- by sending a letter to Grelot Productions' Customer Service whose contact details appear in Article 12 of these General Conditions of Sale;
- by sending an e-mail explaining your request via the rubric “Contact” of the Site, or to the following address: firstname.lastname@example.org.
10.3 Sharing of information
Grelot Productions may share your personal information with third parties subject to the following limits:
- we have obtained your consent at the time of your inscription on the Site. Express consent is mandatory for sharing any sensitive data concerning you;
- we transmit said information to our affiliated companies or reliable persons who process it on our behalf, and we ensure that the latter agree to process said information according to our sole instructions and in accordance with these General Conditions of Sale and to take all appropriate measures of confidentiality and security.
Do not hesitate to contact us at the address indicated in Article 12 of these General Conditions of Sale with respect to any other question regarding the management or use of your personal data.
Grelot Productions may propose to inscribe you, free of charge, to a “NewsLetter” service. The purpose of this letter is first and foremost pedagogical and informative. It shall contain information enabling you to better use the Site and highlight its new features. In accordance with the Law for “Confidence in the Digital Economy” (Articles L. 33-4-1 of the [French] Post and Electronic Communications Code and L. 121-20-5 of the [French] Consumer Code), the “Data Processing and Freedoms Law” and the recommendations of the CNIL, we propose to Subscribers who no longer wish to receive the NewsLetter to unsubscribe by a simple click. Certain NewsLetters may contain advertising messages for third parties referred to as “partners”. Insertion of sponsors' messages in the NewsLetter which will be sent you by Grelot Productions shall not entail any transmission of your contact details to the partners involved. In order to unsubscribe to the NewsLetter, the right of opposition may also be exercised by clicking on the link located on the bottom of the NewsLetter: “Click here if you no longer wish to receive the NewsLetter”. Please note, such request shall not be taken into account unless a message confirms it to you.
Surfing on the Site may entail the installation of cookies in your computer. They simplify the visit and improve the ergonomics of the Site during your surfing. When you use the Site products order services, your personal logins are linked with the cookie for the purpose of improving the personalised service intended for you. Such information is coded and not accessible in case of unauthorised access to your computer.
10.6 Communications by Grelot Productions
The collected data shall enable Grelot Productions to send you communications in the following cases:
- Inscription on the Site. The new member will receive a welcome e-mail recalling to him the logins permitting access to his account.
- Request to close an account. In case of closure of an account, an e-mail notifying closure of the account shall be sent to the Subscriber.
- Subscription. For any purchase, modification or cancellation of a subscription, the Subscriber shall receive confirmation thereof by e-mail.
- Request for assistance or submission of questions / suggestions. Grelot Productions shall reply by e-mail to any surfer requesting assistance in consulting his orders, connecting to the Site or accessing his account.
- NewsLetters and confirmation of cancellation of subscription to the NewsLetter.
- Communications concerning Grelot Productions, news, events, promotions, etc.
Article 11 – Intellectual property
11.1 The Site, its content and all elements comprising it, are creations for which Grelot Productions and/or the partners, as the case may be, are the holders of all of the intellectual property rights and/or the exploitation rights, in particular by virtue of copyright, the right to data bases, trademark rights, and the rights to drawings and models.
11.2 You are hereby granted a non-exclusive, non-transferable right to use the Site and the data contained on the Site, in a private setting. The right thus granted consists in (i) a right to consult the data and information contained on the Site on-line, and (ii) a right of reproduction consisting in a printing and/or a backup of the consulted data and information. This use right shall be intended solely for strictly private use.
Any total or partial reproduction of Grelot Productions' catalogue is strictly forbidden. You shall be strictly forbidden to make any other use of the Site, in particular, a commercial use, and which constitutes infringement, sanctioned as such by the [French] Intellectual Property Code. In particular, the Subscriber shall not, in a non-exhaustive manner, reproduce and/or represent for a use other than private use, sell, distribute, issue, translate, adapt, display and communicate, wholly or partially, in any form whatsoever, any elements, information or data of the Site.
11.3 Notwithstanding the preceding, it is understood between Grelot Productions and the Subscriber that in consideration for the full payment of a Subscription, whether Limited or Unlimited, the Subscriber shall have a non-exclusive right to reproduce and represent any downloaded Sound in connection with his subscription, in particular as a jingle of a rubric on a radio, for a period of 3 (three) years following the date of downloading of the Sound, the Subscriber hereby undertaking to cease any exploitation of the Sound upon expiry of such period and to delete all copies and archiving thereof.
Furthermore, the Subscriber hereby undertakes to not modify any Sound without Grelot Productions' prior authorisation. It is, however, understood that this authorisation shall not cover collective management rights connected to diffusion of the Sound, which the Subscriber agrees to pay directly, in the event that the use that shall be made of the Sound involves payment of said rights. For the purpose of thorough understanding, it is hereby recalled to the Subscriber that sound effects do not give rise to any intellectual property rights.
11.4 Moreover, the Subscriber shall not introduce, by any means whatsoever, any data liable to modify or interfere with the content or presentation of the Site.
Any hypertext link with the Site, regardless of the type of link, shall be subject to the prior authorisation of Grelot Productions, acting in the name and on behalf of the holder of the right involved, on paper or electronic media.
Article 12 – Miscellaneous contacts – Contact details
For all information or questions, you may contact Grelot Productions:
• By telephone: +33 1 492 790 20
• By fax: +33 9 721 315 04
• By e-mail: email@example.com
• By letter: Grelot Productions, 57 rue de Richelieu, 75002 Paris, France.
Article 13 – Final provisions
The fact that Grelot Productions does not rely, at any given time, on any of the provisions of the General Conditions of Sale may not be construed as a waiver by it to subsequently rely on one of these provisions. If any one of these General Conditions of Sale is declared to be null or without effect, such provision shall be deemed unwritten without this affecting the validity of the other provisions, unless the provision declared null or without effect was essential and decisive.
Article 14 – Disputes- Applicable Law
These General Conditions of Sale shall be governed by the laws of France. In the case of a dispute, the parties shall seek an amicable resolution before bringing any action. Failing this, any dispute relating to the validity, interpretation and/or performance of these General Conditions of Sale shall be submitted to the courts of Paris.