LEGAL NOTICES

This application is edited by Joué Music Instruments, a French simplified joint-stock company (SAS), with a capital of 239 589 euros, with registered offices at 87, quai des Queyries, 33100 Bordeaux, France, registered in the Bordeaux Trade and Companies Register under number 821291937 (hereinafter “J-Music”).

The App is hosted on the Apple App Store, with servers geographically located in data centers in Europe (mostly in Belgium, United Kingdom and Germany), with registered offices at Apple Inc., One Apple Park Way, Cupertino, CA 95014, USA, and can be contacted through the following link: https://support.apple.com/contact.

TERMS OF USE FOR THE J-MUSIC MAKER APPLICATION

Last updated: 2023-12-14

• DEFINITIONS

App: the J-Music Maker application, developed by J-Music;

Catalog: the page where you can browse all J-Music Content made available to you;

J-Music Content: the content owned by J-Music or that J-Music obtained the necessary licenses to, made available to you through the Catalog in the conditions set forth in these Terms of Use;

Premium Services: the paid services offered by J-Music on the App, available on subscription;

Services: the services offered by J-Music on the App, as further described in these Terms of Use;

Terms of Use: the present document called "Terms of Use for the J-Music Maker Application";

User, You: any App user holding a User Account, or using the App without being registered;

User Account: your personal account on the App;

User Content: any content created, published, or shared on the App by a User, including but not limited to creations, User profile descriptions and pictures, captions etc.

• SCOPE OF APPLICATION

The purpose of the Terms of Use is to define the conditions under which you may use the App, and the Services provided by J-Music. It is very important that you carefully read and understand these Terms of Use, because by registering on the App, and / or using its functionalities, you acknowledge that you are bound by these Terms of Use and agree to comply with them in their entirety. These Terms of Use prevail over any previous agreement, exchange or arrangement that may have been reached between you and J-Music.

J-Music reserves the right to amend these Terms of Use at any time, in full or in part. In the event of amendments to the Terms of Use, you will be informed by a push notification / pop up displayed when you open the App. The amended version of the Terms of Use will come into force thirty (30) days after the notification you received. You can also determine the date the latest amendments were made by J-Music by checking the “last updated” date given above.

If you reject the amendments made to the Terms of Use, please stop using the App.

• SERVICES
• Description of the Services

The App is a Music making tool, that enables you to make music on the go to create content (“User Content”), by yourself or based on J-Music Content and to share it.

The App offers in particular the following functionalities:

• Creating your User Account
• Creating and recording User Content;
• Downloading and sharing your User Content;
• Using J-Music Contents;
• Consulting these Terms of Use.

If you subscribe to the Premium Services, the App will be in its full version, and you may have access to the following additional functionalities:

• get unlimited access to the Premium songs catalog,
• play with all instruments available in the App.
• Price of the Services - Premium Services

The access to the App and to the Services are entirely free of charge, except for the Premium Services.

You may subscribe to the Premium Services directly on the App, through the App Store.

The subscriptions we offer are renewed tacitly weekly, monthly or yearly, depending on the subscription you have chosen. If you wish to cancel your subscription, you must do it through Apple at least 24 hours before the next invoicing date (see in particular: https://support.apple.com/HT202039). If you cancel your subscription, you will still be able to use the Premium Services features until the expiry of your subscription. All fees paid in advance are acquired by J-Music, and you will in no case be refunded pro-rata for the time left on your subscription.

You are informed that J-Music reserves the right to change the subscription plans, or adjust their pricing, in any manner and at any time. Any price changes or changes to your subscription plan will take effect after a reasonable notice period.

Unless otherwise allowed through the Apple Store, in accordance with article L121-21-8, 13° of the French Consumer Code, you are informed, that when subscribing to the Premium Services, you expressly accept that the performance of the contract begins at the time of your purchase, and waive your right of withdrawal.

The cost of connecting to the Internet, and other fees relating to telecommunications are entirely your own responsibility.

• REGISTRATION / CONNECTION
• Access to the App / Downloading

To access the App, you must download it to your smartphone or tablet, via Apple legal downloading platform (App Store). The download is free.

• Minimum age

To register on the App and / or use the Services:

• if you reside in the European Union: you must be at least 16 years old at the time of registration, or the minimum age required in your country (15 years old in France);
• if you reside outside of the European Union: you must be at least 13 years old at the time of registration, or the minimum age required in your country.

If you are too young to accept the Terms of Use in your country of residence, a parent or legal guardian must approve your registration on the App and accept these Terms of Use on your behalf.

To purchase Premium Services, you must be at least 18 years old at the time of the purchase.

• Registration process

To benefit from the Services offered by the App, you may first register by creating a User Account, which will be suggested as soon as you open the App. You can register via email or Apple Sign In. In this respect, you must provide a password, and will be requested to choose a username.

You may also access the App as a non-registered User, however the Services made available to you may be limited.

You are responsible for maintaining the confidentiality and security of your password, and agree not to transfer your password, or lend or otherwise transfer your use of the Services or access to the App to any third party. You are fully responsible for all activities that occur under your username and password and therefore J-Music can, in no case, be held liable for the consequences of this use. You agree to immediately notify J-Music of any unauthorized use of your email address and password or any other breach of security related to your User Account at support@jouemusic.com.

If you lose your password, you must use the dedicated link “Forgotten password” on the home page of our website / the App. You will be asked to enter your email address and validate the page. Following the validation of this page, an e-mail will be sent to the address indicated, and you will be asked to click on an activation link to change your password. You will be sent back to a page on the Site where you can then choose a new password.

Please consult our Privacy Policy for further information about how J-Music uses your personal data and the procedures for exercising your rights: http://jouemusic.com/jmusicmaker/tos.

• USER CONTENT
• Intellectual Property - License of use to J-Music

J-Music doesn’t claim ownership of your User Content. Nevertheless, by using the App, you hereby grant to J-Music a non-exclusive, non-transferable, royalty-free, non-sublicensable license to use and reproduce your User Content for the whole world, and for the duration of protection of your User Content by intellectual property rights, for the following purposes: (i) to share your User Content and make it available particularly in order for J-Music to use, publish, adapt, modify and create derivative works based on your User Content; and (ii) to promote the App, or more largely, the services offered by, and activities of J-Music, by any means, and through any communication channel, known or unknown at this date, in particular any social media, internet website, intranet or extranet, mobile application, email communication, displays and posters, television advertisements, printed press etc. In this respect, J-Music undertakes to make its best efforts to credit your User Account whenever it shares your User Content.

In case the User Content includes your picture, you grant to J-Music, free of charge, the right to use your image for the promotion of the App or the Services, on the media as mentioned above, for the duration of your User Account, and for the whole world.

• Warranties

You declare and guarantee to J-Music that:

• Your User Content, or any part of it, is a content on which you have all the rights, licenses, consents and approvals required to use and license, as provided for in article 5.1 of the Terms of Use;
• Your User Content does not violate rights of third parties including, without limitation, intellectual property rights, performers' rights, privacy or advertising rights, or rights related to confidential information;
• Your User Content does not include offensive language, especially of a racial or discriminatory nature;
• Your User Content does not to incite violence or advocate terrorism, war crimes or crimes against humanity;
• J-Music, its subsidiaries, affiliates, successors and assigns, and their employees, agents, officers, directors and / or shareholders will not be responsible for your User Content.

In this respect, you warrant J-Music and other Users against any disturbances, claims, evictions, remedies or actions of any person on the grounds of the violation of their rights, and that you shall be responsible for all costs and damages that may result from such claims or actions.

• Removal

J-Music reserves the right to remove your User Content, suspend or terminate your access to the App and / or exercise all legal remedies if J-Music believes that any of your User Content violates any of the statements or foregoing warranties, or otherwise violates the rights of another person or that violates any law, rule or regulation.

• User Content Storage

Your User Content is stored locally on your device.

J-Music shall bear no responsibility whatsoever as to your inability to retrieve your User Content, or in case of temporary or permanent deletion of your User Content.

• J-Music CONTENT

J-Music owns all intellectual property rights relating to the J-Music Content that is made available to you through the Catalog.

J-Music grants you, free of charge, and for the duration of your User Account, the personal and non-exclusive right to access and use, publish, adapt, modify and create derivative works based on the J-Music Content, exclusively within the App, or to download it and use it for your own private and non-commercial use.

Any commercial use of J-Music Content, or of User Content based on J-Music Content without the prior written consent of J-Music is strictly prohibited.

• GOOD CONDUCT / PROHIBITED BEHAVIOUR

By using the App, you formally undertake not to carry out via the Services any illegal and / or immoral acts contrary to public order, to comply with the laws and regulations in force, not to contravene public order, and not to jeopardize the normal course of the App and Services.

The App is an automatic data processing system. Any fraudulent access or remaining within such system is forbidden and sanctioned by law. In the same manner, any hindrance or alteration of the functioning of such system, or any introduction, deletion, or modification of the data contained in such system are forbidden. Therefore, you undertake not to disturb the functioning of this automatic data processing system, and in particular not to introduce any virus, nor to damage, illegally access, or modify, the data stored on the App.

You shall not extract and / or re-utilize parts of the content of the App without the prior written authorization of J-Music. In particular, you shall not use any screen scraping, web scraping, or “crawling” robot, or any similar tool for the collection of data in order to extract or re-utilize a substantial part, or a non-substantial part but in a systematic or repeated way, or the elements contained on the App.

You undertake not to access, or attempt to access the App by any means other than the interface of the App provided by J-Music, nor to engage in any activity likely to hinder or disturb the functioning of the App.

• INTELLECTUAL PROPERTY RIGHTS ON THE APP

J-Music grants you, free of charge, the personal and non-exclusive right to access and use the App, exclusively for your own private and non-commercial use, in accordance with the conditions set out in these Terms of Use.

The architecture of the App, graphics, concepts, scenarios, names and trade names, trademarks, logos, slogans, domain names, databases, software, and all other components of the App, although this is not an exhaustive list (hereinafter the “Protected Elements”), are the exclusive property of J-Music. As such, you are hereby informed that these Terms of Use do not entail any assignment of intellectual property rights attached to the App or to the Protected Elements in your favor.

Consequently, you shall refrain from any action that could damage, directly or indirectly, the intellectual property rights of J-Music. As such, the use, reproduction, transmission, marketing or creation of derivative works based on the Protected Elements without the prior written agreement of J-Music is strictly prohibited and punishable as copyright infringement.

• UNLAWFUL CONTENT - REPORTING

You are informed that J-Music, in accordance with its hosting service provider status, is not subject to any general monitoring obligation, and does not moderate User Content before its publication. In case J-Music would receive a reporting in relation with a manifestly illicit User Content, you are informed that J-Music may have to delete the User Content.

If a User Content or profile breaches these Terms of Use, or is otherwise unlawful, and if you have verified your User Account, you can report it by writing to the following address: support@jouemusic.com. J-Music will review and process the reporting as soon as practicable.

• PUSH NOTIFICATIONS

If you have approved them, you may receive push notifications via the App to inform you of events relating to your User Account, or to the Services when J-Music wants to share news about the App, its features, or the Premium Services.

You can deactivate or configure push notifications at any time on the “Settings” page of your device

• HYPERLINKS - EXTERNAL SERVICES

The App can give you access to websites, databases, networks, servers, information, software, programs, systems, directories, applications, products or services, third party (hereinafter “external services”).

J-Music has no control over external services, and is not, and cannot be responsible for their content, operation or use. By pointing or otherwise providing access to external services, J-Music makes no warranty or does not expressly or implicitly endorse, in relation to the legality, the accuracy, the quality or the authenticity of the content, information or services provided by these external services.

External services may have their own terms of use and / or privacy policy. You are responsible for reviewing the conditions of use of these external services.

You are responsible for taking the precautions to protect yourself against fraud while you are using external services, and you have to protect your systems against viruses, worms, Trojan horses, and other harmful content or destructive and documents that can be included or may emanate from these external services.

J-Music disclaims any liability for any damages arising from your use of external services, and you irrevocably waive any claim against J-Music, regarding the content or functioning of all external services.

• EXCLUSIONS FROM GUARANTEES

You hereby acknowledge that you use the App at your own risk. J-Music cannot be held liable for the quality or comprehensiveness or availability of the Services offered by the App, the latter being offered “as is”. Furthermore, J-Music reserves the right to amend or suspend its Services at its discretion, and to stop producing the App at any time, without incurring any liability as a result.

J-Music shall do its best efforts to maintain the App available 7 days a week, and 24 hours a day. However, access to the App may be temporarily suspended, in case of planned or unplanned maintenance, migrations, updates, or constraints related to the functioning of Internet.

It is recalled that the transmission of data over the internet only benefits from a limited reliability. The networks used to transmit such data may have different characteristics and capacities, and are likely to be saturated at certain times of the day, which may affect their delay of transmission and their availability

• LIABILITY

The App is to be used for private purposes only.

J-Music cannot be held liable for any indirect damage, resulting from your use of the App (and in particular but without limitation loss of data, loss of customers or business, loss of chance or opportunities, loss of reputation), or from your impossibility to access the App, your use of the elements contained on the App, from any default, bug or interruption of the App.

J-Music will make its best efforts to secure your access to the App, but shall not ensure full security. J-Music shall not be held liable in relation to any bug or damages relating to the use of the Internet network, such as service breakdowns, external intrusions, or in the presence of IT viruses, or security breaches that may cause damages to your IT equipment or data.

Also, J-Music shall not be liable for the consequences resulting from your violation of the Terms of Use. Therefore, you undertake to indemnify J-Music in case of action from a third party, or in case J-Music is sanctioned due to your fault.

• DELETING YOUR USER ACCOUNT

You may, at any time, decide to delete your User Account by contacting: support@jouemusic.com. Your request will be processed within the best delays.

Deleting your User Account will entail the permanent deletion of your personal data, subject to J-Music’s legal obligations.

When you delete your User Account J-Music will still be able to use your User Content for the purpose of the license granted according to article 5.1 above.

If you wish to re-register on the App, you must provide all your information again.

• TERMINATION

If you fail to comply with these Terms of Use, J-Music reserves the right to suspend your access to the App without notice by closing your User Account, temporarily or permanently, without prejudice to any compensation for damages that J-Music is entitled to claim.

• CONTACT

For any information or questions, you can write to us directly at the following email address: support@jouemusic.com. We will get back to you as quickly as possible.

• FINAL PROVISIONS

J-Music’s failure, at any time, to enforce any of the provisions of these Terms of Use and / or its tolerance of the non-fulfilment of any of the obligations set out in these Terms of Use cannot be interpreted as J-Music waiving any subsequent enforcement of any of the aforementioned provisions.

If one or more of the provisions of these Terms of Use are deemed invalid or declared as such in application of a law or regulation, or following a final decision made by a competent court, the other provisions shall retain their full force and scope. J-Music may, where applicable, replace the invalid provision(s) with a new provision.

The titles of the articles in these Terms of Use are for information purposes only and should not be considered as having any legal value.

• APPLICABLE LAW - DISPUTES

These Terms of Use are governed by the laws of France.

In case a disagreement or a dispute arises, you may contact J-Music directly in an attempt to resolve the dispute amicably.

If the dispute cannot be resolved amicably, you are informed that you can choose to use mediation free of charge.

You can also visit the European online Dispute resolution platform, available at: https://webgate.ec.europa.eu/odr/.

Any disagreement and / or difficulty with the interpretation or execution of these Terms of Use shall be referred to the competent courts.

PRIVACY POLICY

Last update: 2023-11-14

• WHO ARE WE AND WHAT IS THIS DOCUMENT?

The J-Music Maker application (the "App") has been developed and is operated by Joué Music instruments, which is located 87 Quai des Queyries, 33100, Bordeaux, France and can be contacted by email at:support@jouemusic.com , (hereinafter "J-Music").

J-Music is very mindful of respecting your private life and the confidentiality of personal data relating to you (hereinafter “Personal Data”). This privacy policy is intended to inform you of how your Personal Data are collected, processed and stored by J-Music and its processors when you use the App and related services.

J-Music undertakes to process your Personal Data in accordance with the applicable laws and regulations, and in particular the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, or "GDPR", and Law No. 78-17 of 6 January 1978 on information technology, data files and liberties, in its current version (hereinafter the “Applicable Regulations”).

Please note that J-Music can amend this Privacy Policy at any time, in full or in part. If the Privacy Policy is amended, you will be informed by a push notification and an email sent to you with a link toward the updated privacy policy.

• 
  
• WHAT PERSONAL DATA DO WE COLLECT AND WHAT FOR?

J-Music processes your Personal Data for the purposes and on the legal bases set out below.

• Personal Data collected when you register on the App

When you register on the App, you must provide a certain amount of information, particularly your username, email and password. You may also add a profile picture and a short presentation to your profile.

You can also decide to sign up with Apple, using your Apple ID. Please note that if you chose to hide your email address, we won't have it, but we will nevertheless be able to communicate with you through Apple.

J-Music processes such Personal Data for the creation and management of your account and for providing the services offered via the App. This processing is necessary for entering into and executing a contract with you.

You are informed that J-Music also uses your email address to send you service messages, and information relating to the App (e.g. contents created by the community, tutorials, new features etc.), and direct marketing emails or newsletters relating to other similar products or services offered by J-Music, on the basis of its legitimate interests to communicate with you and inform you of new products or services.

Please note that you can also access the App as a "visitor", without registering. The above Personal Data will then not be collected. Please read our Terms of Use for more details on the visitor access and features: http://jouemusic.com/jmusicmaker/tos.

• Personal Data collected when you subscribe

You can also subscribe to the App or make in-app purchases.

In case of in-app purchases, your card details and invoice information (name, surname and postal address) are collected and processed by Apple.

Such Personal Data will only be processed for the payment or subscription you ordered. This processing is necessary for entering into and executing a contract with you.

• Data collected when you contact J-Music

While you are using the App, you may contact J-Music. J-Music will process your personal data based on its legitimate interests to process and answer your questions and claims.

• Anonymous usage data

J-Music may collect usage data, in an anonymous manner, in order to better organize and manage the contents it presents on the App. This data is aggregated and can in no respect identify you.

• WITH WHOM DO WE SHARE YOUR PERSONAL DATA?

Your Personal Data may be transmitted to J-Music’s processors and service providers, and particularly its technical, hosting, payment or client support services providers such as:

• Gorgias for client support and ticketing;
• Omnisend emailing;
• Google Cloud Platform for data storage.

J-Music may also need to share your Personal Data with its external advisors (lawyers, accountants, etc.).

You are hereby informed that, while J-Music does not actively transfer your Personal Data outside the European Union, some of its data processors may do so, particularly to the United States, under the Privacy Shield.

• HOW LONG DO WE STORE YOUR PERSONAL DATA FOR?

J-Music shall store your Personal Data for any length of time required for the use of your account, as such, your Personal Data will be permanently deleted when you delete your account.

Furthermore, if your account remains inactive for a period of 3 years after the final user action, J-Music will send you an email to inform you of the deletion of your account.

You are hereby informed that J-Music reserves the right to store your Personal Data in its temporary archives where strictly necessary to defend its rights in the event of a dispute, for the applicable limitation period.

Also, please note that considering its status of hosting service provider, J-Music is subject to a legal obligation to retain some Personal Data relating to you for a duration of one year, on the basis of article 6.II of the Law 2004-575 of 21 June 2004 on confidence in the digital economy (LCEN).

• HOW CAN YOU EXERCISE YOUR RIGHTS?

In accordance with the Applicable Regulations, you have the rights to access, rectify, and delete your Personal Data. Under the conditions of the Applicable Regulations, you also benefit from the rights to request the limitation of the processing, the portability of your Personal Data, and the right to object to processing for reasons pertaining to your personal situation when the processing is based on J-Music’s legitimate interest. You can also communicate instructions about the fate of your Personal Data in the event of your death.

You can also, at any time, and without reason, object to the processing of your Personal Data for the purposes of direct marketing.

You can exercise these rights with J-Music by sending your request accompanied by a copy of an identity document by email to the following email address: support@jouemusic.com or by mail, writing to the following address: Joué Music Instruments, 84, Quai des Queyries, 33100, Bordeaux, France.

In any case, you may, at any time, submit a claim to the CNIL (French Data Protection Authority) (www.cnil.fr).