TERMS OF SERVICE

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND 121 Music Store (“121”) SARL STATING THE TERMS THAT GOVERN YOUR USE OF THE 121MUSIC STORE SERVICE.
THIS AGREEMENT - TOGETHER WITH ALL UPDATES, ADDITIONAL TERMS, AND ALL OF 121 Digital Media RULES AND POLICIES - COLLECTIVELY CONSTITUTE THE "AGREEMENT" BETWEEN YOU AND 121 Digital Media.
TO AGREE TO THESE TERMS, CLICK "AGREE." IF YOU DO NOT AGREE THESE TERMS, DO NOT CLICK "AGREE," AND DO NOT USE THE SERVICE.
YOU MUST ACCEPT AND ABIDE BY THESE TERMS AS PRESENTED TO YOU: CHANGE ADDITIONS, OR DELETIONS ARE NOT ACCEPTABLE, AND 121 Digital Media MAY REFUSE ACCESS TO THE 121 MUSIC STORE FOR NONCOMPLIANCE WITH ANY PART OF THIS AGREEMENT.

I - DEFINITION OF THE 121MUSIC STORE SERVICE.

121 Digital Media is the provider of the 121 Music Store (the "Service") that permits you to purchase downloads of digital content - such as sound recordings and videos & - under certain terms and conditions as set forth in this Agreement.

II – AGE REQUIREMENTS FOR USE OF THE SERVICE.

This Service is available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, you should review thes terms and conditions with your parent or guardian to make sure that you and your parenT or guardian understand these terms and conditions.

III – OBJECTIONABLE MATERIAL.

You understand that by using the Service, you may encounte content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language. Nevertheless, you agree to use the Service at your sole risk and that 121 Digital Media shall have no liability to you for content that may be found to be offensive, indecent, or objectionable. Content types (including genres, sub-genres and Podcast categories and sub-categories and the like) and descriptions a provided for convenience, and you acknowledge and agree that 121 Digital Media does not guarantee their accuracy.

IV – SYSTEM REQUIREMENTS.

Use of the Service requires a compatible device, Internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Service involves hardware, software, and Internet access, your ability to use the Service may be affected by the performance of these factors. High speed Internet access is strongly recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility. The Service is not part of any other product or offering, and no purchase or obtaining of any other product shall be construe to represent or guarantee you access to the Service.

V - POLICIES AND RULES.

Your use of the Service and purchases made through it are subject to 121 Digital Media Terms of Sale which can be readily viewed on the Service, and any end-user agreements or other terms and conditions required for use of the Service, all of which are hereby made a part of this Agreement. If you have not already read 121 Digital Media's Terms of Sale, you should do so now.

For the end users, the terms of sales can be read at the folowing url :
http://www.121musicstore.com/legal/cgv_En.html.

For the producers and the labels, the terms of sales, write to :
submission@121musicstore.com.

VI – 121 PRIVACY POLICY.

Except as otherwise expressly provided for in this Agreement, the Service is subject to 121 Digital Media Privacy Policy at http://www.121musicstore.com/legal/privacy_En.html.
which is expressly made a part of this Agreement. If you have not already read 121 Digital Media Privacy Policy, you should do so now.

VII – PERSONAL INFORMATIONS

You agree to provide accurate, current, and complete information required to register with the Service and at other points as may be required in the course of using the Service ("Registration Data"). You further agree to maintain and update you Registration Data as required to keep it accurate, current, and complete. 121 Digital Media may terminate your rights to any or all of the Service if any information you provide is false, inaccurate or incomplete.

You agree that 121 Digital Media may store and use the Registration Data.

You provide (including credit card and PayPal account information) for use in maintaining your accounts and billing fees to your credit card or PayPal account.

VIII – USER ACCOUNT AND SECURITY.
A/ ACCOUNT AND PASSWORD

As a registered user of the Service, you may receive or establish an account ("Account"). You are solely responsible for maintaining the confidentiality and security of your Account. You should not reveal your Account information to anyone else or use anyone else's Account. You are entirely responsible fo all activities that occur on or through your account, and you agree to immediately notify 121 Music Store of any unauthorized use of your Account or any other breach of security.121 shall not be responsible for any losses arising out of the unauthorized use of your Account.

B/ SECURITY

You understand that the Service, and products purchased through the Service, such as sound recordings, videos and related artwork ("Products"), could be include a security framework using technology that protects digital information and limits your usage of Products to certain usage rules established by 121 Digital Media and its licensors ("Usage Rules"). You agree to comply with such Usage Rules, as further outlined below, and you agree not to violate or attempt to violate any security components. You agree not to attempt to, or assist another person to, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security components related to such Usage Rules for any reason whatsoever. Usage Rules may be controlled and monitored by 121 Digital Media for compliance purposes, and 121 Digital Media reserves the right to enforce the Usage Rules with or without notice to you. You will not access the Service by any means other than through software that is provided by 121 Digital Media for accessing the Service. You shall not access or attempt to access an Account that you are not authorized to access. Violations of system or network security may result in civil or criminal liability.

IX – PURSHASE OF 121 MUSIC STORE CONTENT
A/ PRODUCTS REQUIREMENTS

You acknowledge that use of Products may require the use other hardware and software products (e.g., the ability to make copies of Products on physical media and render performance of Products on authorized digital player devices and that such hardware and software is your responsibility.

Once a Product is purchase and you receive the Product, it is your responsibility not to lose, destroy, or damage the Product, and 121 Digital Media shall be without liability to you in the event of any loss, destruction, or damage.

B/ USAGE OF PRODUCTS

You acknowledge that Products contain security technology that lim your usage of products to the following Usage Rules, and you agree to use Products in compliance with such Usage Rules.

X – USAGE RULES

Your use of the Products is conditioned upon your prior acceptance of the terms of this Agreement.

Except for the DJ and the Radios program directors, you shall be authorized to use the Products only for personal, noncommercial use.

You shall be entitled to export, burn (if applicable) or copy Products solely for personal, noncommercial use..
Any burning (if applicable) or exporting capabilities are solely an accommodation to you and shall not constitute a grant or waiver (or other limitation or implication) of any rights the copyright owners in any audio or video content, sound recording, underlying musical composition, or artwork embodied in any Product.

You agree that you will not attempt to, or encourage or assist any other person to, circumvent or modify any security technology or software that is part of the Service or used to administer the Usage Rules. The delivery of Products does not transfer to you any commercial or promotional use rights in the Products.

You agree that your purchase of Products constitutes your acceptance of and agreement to use such Products solely in accordance with the Usage Rules, and that an other use of the Products may constitute a copyright infringement. The Usage Rules shall govern your rights with respect to the Products, in addition to any other terms or rules that may have been established between you and another party.

121 reserves the right to modify the Usage Rules at any time.

B/ RIGHT TO CHANGE PRICES AND AVAILABILITY OF PRODUCTS.

121 Digital Media can change avaliability and price of any products at any time.

C/ ELECTRONIC SIGNATURES AND CONTRACTS.

Your use of the Service includes the ability to enter into agreements and/or to make purchases electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND PURCHASES. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS

In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.

XIII – DELIVERY OF PRODUCTS.

On occasion, technical problems may delay or prevent delivery of your Product. Your exclusive and sole remedy with respect to Product that is not delivered within a reasonable period will be either replacement of such Product, or refund of the purchase price paid for such Product, as determined by 121.

XIV – INTELECTUAL PROPERTY.
A/ ACKNOWLEDGEMENT OF OWNERSHIP

You agree that the Service, including but not limited to graphics, audio clips, and editorial content, contains proprietary information and material that is owned by 121 and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you wich not use such proprietary information or materials in any way whatsoever except for use the Service in compliance with the terms of this Agreement. No portion of the Service may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service, in any manner, an you shall not exploit the Service in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity.

B/ REMOVAL OF 121 MUSIC STORE CONTENTS OR OTHER MATERIALS

Notwithstanding any other provision of this Agreement, 121 and its licensors reserve the right to change, suspend, remove, or disable access to any Products, content, or other materials comprising a part of the Service at any time without notice.

In no event will 121 Digital Media be liable for the removal of or disabling of access to any such Products, content or materials under this Agreement.
121 Digital Media may also impose limits on the use of or access to certain features or portions of the Service, in any case and without notice or liability.

C/ COPYRIGHT

All copyrights in and to the Service, including but not limited to, the 121 Music Store (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources), and software, are owned by 121 Digital Media and/or its licensors. THE USE OF THE SOFTWARE OR ANY PART OF THE SERVICE EXCEPT FOR USE OF THE SERVICE AS PERMITTED IN THESE TERMS OF SERVICE, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINA PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.

D/ TRADEMARKS

121 Digital Media, the 121 Digital Media logo, 121 Music Store and the 121 Music Store logo, and other 121 Digital Media trademarks used in connection with the Service are trademarks or registered trademarks of 121 Digital Media. in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.

XV - TERMINATION
A/ TERMINATION BY 121

If you fail, or 121 Digital Media suspects that you have failed, to comply with any of the provisions of this Agreement, including but not limited to failure to make payment of fees due, failure to provide 121 with a valid credit card or with accurate an complete Registration Data, failure to safeguard your Account information, violation of the Usage Rules or any license to the software, or infringement or other violation of third parties' rights, 121 Digital Media, at its sole discretion, without notice to you may: (i) terminate this Agreement and/or your Account, and you will remain liable for all amounts due under you

B/ TERMINATION OF THE SERVICE.

121 Digital Media reserves the right to modify, suspend, or discontinue the Service (or any part or content thereof) at any time with or without notice to you, and 121 Digital Media will not be liable to you or to any third party should it exercise such rights.

XVI - GENERAL COMPLIANCE WITH LAWS.

The Service is controlled and operated by 121 Digital Media from its offices France. You agree to comply with all french laws, statutes, ordinances, and regulations that apply to your use of the Service

XVII – APPLICATION DU CONTRAT

121 Digital Media reserves the right to takes steps 121 Digital Media believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to 121 Digital Media's right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party's rights). You agree that 121 Digital Media has the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, governme officials, and/or a third party, as 121 believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limite to 121 Digital Media's right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products unlawful and/or infringes such third party's rights).

XVIII - NO RESPONSIBILITY FOR THIRD-PARTY MATERIALS OR WEB SITES.

Certain content, Products, and services available via the Service may include materials from third parties. In addition, 121 Digital Media may provide links to certain third party Web sites. You acknowledge and agree that 121 Digital Media is not responsible for examining or evaluating the content or accuracy any such third-party material or Web sites. 121 Digital Media does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or Web sites, or for any other materials, products, or services of third parties. Links to othe Web sites are provided solely as a convenience to you. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any othe party, and that 121 is not in any way responsible for any such use by you.

XIX DISCLAIMER OF WARRANTIES; LIABILITY LIMITATIONS.

121 Digital Media DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME 121 MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.

YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY 121 Digital Media) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIE INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.

IN NO CASE SHALL 121 Digital Media, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OR THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, 121'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

121 Digital Media SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND 121 HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY

121 Digital MediaDOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING OR OTHER SECURITY INTRUSION, AND 121 DISCLAIMS ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM.

XX - WAIVER AND INDEMNITY.

BY USING THE SERVICE, YOU AGREE TO INDEMNIFY AND HOLD 121 Digital Media, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICE, OR ANY ACTION TAKEN BY 121 AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM 121 Digital Media, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF 121'S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.

XXI - CHANGES.

121 Digital Media reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms, or conditions on your use of the Service. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Agreement as "Additional Terms") will be effective immediately and incorporated into this Agreement. Your continued use of the 121 Music Store following will be deemed to constitute your acceptance of any and a such Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference.

XXII - NOTICES.

121 Digital Media may send you notice with respect to the Service by sending an email message to the email address listed in your 121 Music Store Account contact information, by sending a letter via postal mail to the contact address listed in your 121 Music Store Account contact information, or by a posting on the 121 Music Store. Notices shall become effective immediately.

XXIII - GOVERNING LAW.

Even if you use of the Service from other state, national, you expressly agree that exclusive jurisdiction for any claim or dispute with 121 Digital Media or relating in any way to your us of the Service resides in the courts of Montpellier (France)

XXIV - MISCELLANEOUS

These Terms of Service constitute the entire agreement between yo and 121 Digital Media and govern your use of the Service, superseding any prior agreements between you and 121 Digital Media. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, th original intentions of the parties, and the remaining portions shall remain in full force and effect. 121 Digital Media's failure to enforce any right or provisions in these Terms of Service will no constitute a waiver of such provision, or any other provision of these Terms of Service. In any provision of this Agreement is found by a court of competent jurisdiction to be invalid the other provisions will remain in full force and effect. 121 Digital Media will not be responsible for failures to fulfill any obligations due to causes beyond its control.

XXV – ABOUT 121 Digital Media

121 Digital Media Sarl : 121 Digital Media est a french limited compagny registred in France on the Paris compgnies directory under the number 518 530 043. The offices are at 14 avenue de l'Opιra 75001 Paris.