Hello and welcome to our page with our Terms and Conditions and Protection of privacy of our website Vialma, MusiKazoo of ownership, simplified joint stock company with capital of 64,500 euros, whose registered office is 32 boulevard Flandrin, 75116 Paris, whose SCR number is 521 442 483. You can contact us at email@example.com for any query or through our direct messaging service on our website.
You have or you are about to register or subscribe. Thank you for your trust ! We are delighted to share with you the pleasure of listening as beautiful musical works.
The items that follow, as well as all updates, additional terms and the set of rules and policies Vialma to which reference is made, constitute a contract between you and Vialma defining the conditions governing your use of the Website vialma.com , hereinafter the “Agreement” between you and Vialma. By joining Vialma, you accept these conditions.
Article 1 – Introduction and Description of the offer
Vialma is an Internet service that provides its subscribers (hereinafter the “Subscriber” or “Subscribers”) a catalog of musical works more extensive depending on the choice of the subscription, and that an information database on these works on their (s) composer (s) and their interpreters. Moreover, Vialma subscribers can download some of these works in MP3 format or in a format equivalent to CD quality, under the conditions defined in this contract. The site sells three offers:
- An offer “Discover”, where the subscriber has access to our database, you can listen to unlimited throughout the subscription period our famous works catalog. It can also download 25 music tracks of their choice in MP3 format.
- An offer “Enjoy”, where the subscriber has access to our database, to our entire music catalog he can listen to unlimited. It can also download up to 150 music tracks of their choice in MP3 format.
- Finally an offer “Vibrate” where the subscriber has access to our database, to our entire music catalog he can listen to unlimited. It can also download up to 250 music tracks of their choice in FLAC format or any other format equivalent to CD quality (16bit, 44.1kHz).
Furthermore, the information on the site is also accessible to users who have registered. They may however not have access to the music catalog if they have not subscribed to one of the three subscription packages.
Article 2 – Terms of Service Use
The site is available to subscribers and registered 24/24, 7/7. Access is possible from a personal computer, or on mobile devices such as tablets or smartphones. All features of the offer subscribed by the Subscriber are accessible only from one connection at a time. Vialma implements technical means to verify the absence or detect multiple simultaneous connections.
Access to the site requires a broadband internet connection and a computer equipment like personal smartphone or computer. The connection as well as equipment and generally any means of access to the Site are not supported by Vialma. It is therefore up to the Subscriber to provide, at its own expense, all necessary means to access the Site.
Vialma reserves the right to make technical changes and improvements it wishes related to technical change. Therefore, it reserves the right, without notice or compensation, to temporarily suspend access to the Site to ensure the maintenance operations related to technological changes or necessary for the continuity of service. Subscriber Vialma released from any liability in this regard and waives all claims and / or proceedings against that fact.
Article 3 Subscription
3.a Price and payment
The price of subscription is indicated on the Site, in euros and include all taxes.
Vialma reserves the right to change the price of each of the proposed offers. If necessary, it will inform each Subscriber by email to the address provided by the subscriber concerned at least 15 (fifteen) days before it takes effect. The Subscriber shall upon receipt of the email terminate service from his account on the Site, and such termination shall take effect at the next monthly subscription term. Failing termination, the new pricing will therefore be applicable from the next subscription renewal date following the effective date of the new rates.
Any increase in the VAT (Value Added Tax) will automatically and immediately reflected in the price of the subscription offer. It will be the same in case of creation of any new tax would be based on the price of the Offer and whose Vialma become indebted. Termination conditions provided in case of change in the price of subscription packages referred to above will apply under the same conditions in case of change of prices resulting from an increase or create new taxes.
Payment is accruing at term (advance payment). For added security, Vialma has partnered with the Ogone payment, a subsidiary of Ingenico. Therefore, Vialma does not store any bank data of its subscribers.
3.b Time and tacit renewal
The contract begins upon receipt by the Subscriber Vialma a confirmation email to the email entered by the Subscriber during registration.
The subscriber can choose between a monthly or annual subscription. The subscription is automatically renewed for the same term than originally underwritten at the same rate.
Any trial offer or discovery is transformed into monthly subscription price stated in the offer or, failing that, to the tariff for monthly subscriptions.
3.c Withdrawal of Absence
Pursuant to Article L. 121-20-2 1 of the Consumer Code, the Subscriber acknowledges and agrees that (i) the provision of the service starts upon confirmation of the contract, either before the end of period of seven days under the Consumer Code and (ii) as a result of not receiving the right of withdrawal associated with selling online or remotely. Consequently, no application for revocation, cancellation or refund will be accepted for the contracted period.
The Subscriber may terminate service at any time by visiting the Site from the “My Account”. The consideration of the termination will be effective at the end of the current subscription period provided that notification was sent at least 72 (seventy-two) hours before an end.
For Subscribers who choose the monthly payment and wish to terminate their service:
- Any month started is from.
- On downloads only: upon cancellation, will be deducted pro rata annual fixed the number of songs downloaded from the website in the Subscription on the total number of songs available for download as part of the selected offer. As an example: a subscriber terminating at the end of his first month’s subscription, but having already downloaded half of music tracks available in its tender will MusiKazoo SAS to half the package.
Article 4 – Statements and Subscriber obligations
The Subscriber is solely responsible for the consequences of using their account, up disabling it and, consequently, the subscriber releases Vialma and its partners, contractors or assigns from any liability in this respect.
The Subscriber declares:
- Being an individual, and be major (or, if Subscriber is a minor, the holder of a parental authorization allowing it to subscribe), and do not be a measure of legal protection of adults ( put under judicial protection, guardianship or curatorship).
- To provide true and sincere information about him, and to update them if necessary,
- Do not divulge personal and confidential passwords and immediately notify the Site of any unauthorized use of his account,
- To have no other use of the subscription other than in a purely private,
- Do not circumvent TPMs data and music recordings to use them in a context other than that provided in the subscription and the general conditions of sale,
- Do not act against the commercial interest of Vialma or MusiKazoo SAS.
Without prejudice to any damages that might seek DISCMUSEUM, DISCMUSEUM reserves the right to suspend access to a Subscriber and / or automatically terminate, without notice or compensation, his membership at any meeting or Subscriber or more commitments or above statements.
Article 5 – Relationship between Vialma and Subscriber
In the absence of contrary evidence provided by the Subscriber, the records stored in computer systems Vialma and its partners under reasonable security conditions, will be considered proof of communications, orders, validations and payments occurred between the Subscriber and DISCMUSEUM. This information will prevail between the parties, except to bring in the written evidence to the contrary by the Subscriber. The filing of these elements is made on a reliable and sustainable manner to correspond to a faithful and durable copy pursuant to section 1348 of the Civil Code.
Article 6 – Personal Data and « Cookies »
Vialma is subject to the legislation on the protection of privacy with regard to automatic processing of personal data. The information and data concerning the Subscriber is subject to a data processing and are required as necessary to manage their subscription. They may for this purpose be sent to companies responsible for the management, execution and processing of payment transactions. This information and data is also stored for security purposes, to meet legal and regulatory obligations Vialma is submitted. These data are processed and stored at the host site identified in the legal notices on the Site in conditions designed to ensure their safety. In accordance with the “Data Protection” law No. 78-17 of 6 January 1978 the Subscriber has a right to access and rectify information concerning him. If he wishes to exercise this right and obtain information about him, the Subscriber should contact Vialma through the Site by clicking on the “Contact us” or write.
The Subscriber is informed that the data may be disclosed in the application of a law, regulation or pursuant to a decision of a competent regulatory or judicial authority or, if necessary for Vialma in the context of judicial proceedings. Vialma installs cookies on the computer of the Subscriber. A cookie records information relating to navigation on the site made from the computer of the Subscriber, or other computer media such as smartphones or tablets. The information concerning the pages consulted, the date and time of the consultation, listened to music, etc. It is stated that the shelf life of “cookies” implanted Vialma is less than 1 month.
Vialma informs the Subscriber that the setting of his browser can inform the presence of “cookies” and can oppose registration and that no data is commercialised to third parties, the service being 100% ad free.
Article 7 – Intellectual Property
The Site as a whole and all its constituent elements (logos, domain names, recordings, photographs, pictures and biography, etc.) and the database is the exclusive property of MusiKazoo and / or its licensors.
Article 9 – Applicable law and litigation
These general conditions of use and sale are subject to French law. In case of dispute, the parties will seek an amicable solution before any legal action. If talks fail, only the French courts will have jurisdiction.