LICENCE TERMS AND CONDITIONS – KOLLECTOR.COM
This Policy is effective from 1St January 2011
This Policy was last modified on 8 November 2011
1.1. These terms and conditions ("Terms") set out important information regarding the rights, obligations and the restrictions that may apply to you as a user ("User") when you access our website at www.kollector.com ("Website") and/ or access and use the kollector application ("Application") and any services offered in conjunction with the application ("Services").
1.2. The Website, Application , Algorithm, the Database and the associated Services are supplied by Kollector SA ("we", "us" and "our" as appropriate). Kollector is an anonymous company incorporated under the laws of Belgium. Our registered office is at: 1050 Brussels, rue Gachard, 88 (registered number: 0829.119.673).
1.3. If you wish to use our Website, the Application and/ or the Services (collectively referred to as "Kollector") you must agree to be bound by these Terms, as set out below, and all and any applicable laws regarding your use of Kollector.
Your continued use of Kollector (including, but not limited to , the downloading of the application or any upgrades and/ or use of the Services will be deemed acceptance by You of these Terms and any such changes, or modifications. You agree to use Kollector only for purposes that are legal, proper and in accordance with these Terms.
Any translations of these Terms are provided as a courtesy to you and the definitive text of these Terms is the French version.
These Terms and the relationship between you and us shall be governed by the laws of Belgium without regard to its conflict of law provisions. You and we agree to submit to the personal and exclusive jurisdiction of the courts of Belgium.
1.4. You accept to use Kollector only for legal and legitimate purposes and according to this licence Kollector shall have the right to limit or cancel your account, anytime and without prior notice, if you infringe thes terms and conditions.
1.6. If you have any queries regarding us, the Website, Application and/ or Services, please contact us by email at info@Kollector.com.
1.7. "Kollector" is trademark and registered trademark of Kollector SA.
2) DESCRIPTION OF SERVICES - BETA “PRIVATE/INDUSTRIAL” VERSION - CHANGES
1.2. The Application is a web-based application that facilitates the use of Services, which generally consist of an audio-traceability tool on radio and TV broadcasters , tracking musical works ( Work) broadcasted all over the world.
The Services may provide information related to the date, the time, the broadcasters’ names and the countries in which your Work has been broadcasted as well as other related services such as statistics, …., etc and, in some cases, access to related third party applications ("Third Party Applications") and websites ("Third Party Sites") that can be used in conjunction with the Application and/ or Services (for example, e-commerce providers, social networking sites, information and access feature providers).
2.2. . Kollector’s Services are subject to a period of testing. This means that a Service may not perform with complete functionality, may be undergoing testing, may be inconsistently available, may have software "bugs" being fixed by us and may have other issues affecting availability and functionality.
2.3. Content, Algorithm and Application contained on Kollector’s website, including these Licence terms and conditions, may be changed at the sole discretion of Kollector and without notice. You are bound by any such updates or changes, and so should periodically review these Legal Licence terms and conditions.
Your continued use of the Service following the posting of changes will mean that you accept and agree to the changes. As long as you comply with this Agreement, Kollector grants you a limited, revocable, non-exclusive, non-assignable, non-sublicensable right to access and use the Service as it is intended to be used and in accordance with this Agreement and applicable law. We grant you no other rights, implied or otherwise.
REGISTRATION AND SERVICES PROCEEDING
3.1. The beta version of Kollector gives You an access to a free account which means that thre will be no payment fir the User.
Membership data are the following :
1. First name – Name
2. Contacts : E-mail address
3. Quality : Artist, Author/ Composer, Publisher, Producer, Collecting society, Advertising company, media
Information about MP3 file
1. Complete name of the musical work
2. Complete name of the performer
3. ISWC Code of the musical work and IPI ( optional)
3.3. You may at any time unsubscribe or cancel your Kollector account, subscription or any other relationship with Kollector which is being governed by these Terms via the cancellation method notified to you at sign up. Please note, however, that Kollector will not make any refunds, except in exceptional circumstances involving material breach on our part, and you will remain liable for payment of any part of the Kollector Services that you have already used or previously committed to.
3.4. The legal entity that has the Kollector application account can be of three different types (profiles) : "owner", "manager" or "user".
- The "Owner" (O) is the owner of the account at Kollector.com. She/he is responsible for legal, exploitation and payment issues. She/he can upload, consult and edit statistics and remove the files. She/he can add other "Manager" or "Users".
- The "Manager" (M) associated with the account can upload, consult and edit statistics and remove the files. He/She can add other “Users".
- The "User" (U): the user has a simple right to consult the statistics.
3.5. Each opening of an account includes three profiles , whatever its quality is ( O, M or U). Each supplementary access to an account , M or U , will be invoiced to the User of said account.
4) PROTECTION OF MINORS
4.1. To use Kollector you must be aged 14 or older. Additionally, if you are under 18, you must get the permission of your parent and get them to agree to these Terms on your behalf before you use Kollector and before you provide any personal information to us. Also, to use some of the Services you may be asked to register with us and provide certain personal details. See the section on privacy below regarding what we do with this information.
4.2. You represent and warrant that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms and have obtained all necessary third-party consents, licences and permissions necessary to enter into and fully perform your obligations under these Terms.
In the event you are reading these terms to provide permission to a minor to use Kollector, you also represent and warrant that you have the full authority to act on behalf of the service user and that you are either more than 18 years of age and contracting for yourself or are the parent of the person who will use the Services and are entering into this contract to cover their usage. In any case, you affirm that you are, or the person who will use Kollector (where you are the parent of that person) is, over the age of 14, as the Services are not intended for children under 14. If you are under 14 years of age, then please do not use Kollector. If you are the parent of a person under the age of 14 then please do not let that person use Kollector.
Your access to the Services may be deleted or blocked without warning if it is found that you are misrepresenting your age or the age of the person using Kollector. In this case your membership account and all related data may also be deleted without warning. Your access to the Services is solely for your personal use, and you must not authorize others to use your account.
See the section on privacy below regarding what we do with this information.
5) THIRD PARTY APPLICATIONS AND SERVICES
5.1. Kollector may enable you to use functionalities of Third Party Applications and/ or to link to Third Party Sites that are not owned or controlled by us. Content, products and services that are part of any Third Party Applications and/ or Sites to which we may connect (including but not limited to, social networking sites, sites on which you can view content and from which you can make purchases, or record a geographic location that you find yourself in) are subject to the terms and conditions of the relevant application and/ or website. We have no control over and are not responsible or liable for any matters relating to your dealings with such third parties.
5.2. We are not responsible for and have no control over any third-party content, syndicated content, applications, services, advertisements, links, privacy policies and/ or practices of any such third-parties that may be found through Kollector. In addition, we will not and cannot censor or edit the content of any Third Party Applications and/ or Sites. By using the Services, you acknowledge that we do not to incur any liability arising from your use of any Third Party Applications and/ or Sites.
Any correspondence, business dealings with, syndication, linking or participation in promotions of Third Party Applications and/ or Sites, including payment or delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third parties.
We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings between you and any third parties, or as the result of the presence of such third-party content accessed via Kollector or as a result of the failure of such Third Party Applications and/ or Sites to function as intended.
6) USER GENERATED CONTENT
6.1. You retain ownership of User Content or you own the rights on musical works that you upload in the Kollector system. You are responsible for all User Content as set forth below.
6.2. By sharing User Content via Kollector (and any Third Party Application and/ or Sites), you grant to us during the entire period of protection of your intellectual property rights associated with such content and material, a world-wide, royalty free, non-exclusive licence to use, copy, modify, publicly perform, publicly display, translate, reproduce, transmit or distribute, or an equivalent right to use, the User Content via Kollector (and any other Third Party Applications and/ or Sites). We require such a licence in order to provide certain functionality within Kollector (and any Third Party Applications and/ or Sites). This licence will terminate at the time the relevant User Content is removed from Kollector.
You will have the option to remove your User Content from Kollector at any time, except in limited circumstances where you contribute User Content to the general database of the Website generated statistics, in which case you will not have the option to remove it. Kollector should therefore be in a position to sell or exploit on any form and in any way its database with its user generated content
6.3. By sharing User Content within Kollector (and any Third Party Application and/ or Sites) you warrant that you own all rights in and to the User Content shared by you and that you are not breaching any other party's rights to privacy, publicity rights, copyrights or contractual rights.
6.4. By submitting the User Content to us, you grant us and our affiliates the right to use the data that you submit in connection with such User Content. You grant to us a revocable, non-exclusive, worldwide right and licence, or another equivalent right to use, all the data and material associated with the User Content, your username, or your account in connection with your use of and our operation of Kollector.
7) AVAILABILITY OF SERVICES
7.1. We may change, suspend or discontinue any aspect of Kollector at any time, including the availability of any feature, database and/ or content. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without liability. Such changes will be notified with reasonable notice, where they are material and where practicable, and you will have the opportunity to terminate the service should you not accept the new Terms. Where these changes or suspensions would amount to a complete termination of the Services you may be entitled to a refund of the reasonable part of any charges paid by you.
7.2. We will not be liable to you or to any third party for termination or for any permanent or temporary suspension of any of the Website, Application or Services.
7.3. We will do our best to offer you a smooth service, but we give no guarantees that Kollector will be fault free or that the Services will be uninterrupted. If a fault does occur, please report it to Customer Services and we will attempt to correct the fault as soon as we reasonably can. We will occasionally restrict your access to the Website or to the Services to carry out repairs, maintenance or to introduce new functionality or services and we will endeavour to keep disruption to a minimum.
8) LEGAL PROTECTION AND LIMITATIONS
8.1. You acknowledge that Kollector (and any other applications) licensed by us to you are our property. You are granted a limited, revocable, non-exclusive, non-transferable (without the right to sublicense) licence to use Kollector or any Third Party Application for the purpose of accessing and using the Services. You agree not to disassemble, de-compile, reverse engineer, or otherwise attempt to gain access to the source code of the Application or Services or any Third Party Application. You will not copy any part of Kollector or any Third Party Applications and/ or Sites or make commercial use of, rent, lease, loan, sell, publish, license, sublicense, distribute, assign or otherwise transfer any part of Kollector to any person.
8.2. You agree to not use Kollector to: (i) interfere with, manipulate, or take any actions that may undermine the integrity of any rating system used on the Services; (ii) interfere with or disrupt Kollector or servers or networks, or disobey any requirements, procedures, policies or regulations of networks connected to these; (iii) collect or store personal data about other Users of Kollector;
8.3. You will not alter, destroy, obscure, or otherwise remove any copyright or proprietary notices or labels on or embedded within any part of Kollector and/ or any Third Party Applications.
8.4. YOUR USE OF KOLLECTOR IS AT YOUR SOLE RISK. KOLLECTOR IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND STATUTORY REMEDIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO WARRANTY THAT (i) KOLLECTOR WILL MEET YOUR REQUIREMENTS, (ii) DELIVERY OF ANY PORTION OF KOLLECTOR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF KOLLECTOR WILL BE BINDING FOR THIRD PARTIES, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, (vi) ANY PORTION OF KOLLECTOR OR ANY OTHER APPLICATION PROVIDED BY US WILL BE OF SATISFACTORY QUALITY, FAULT OR VIRUS FREE OR UNINTERRUPTED OR SATISFY ANY CONDITIONS OF QUALITY AND FITNESS FOR PURPOSE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE KOLLECTOR SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
8.5. Besides, You agree not to misuse Kollector and, in particular, you agree that you will not: (i) post or distribute any material that is unlawful or which threatens or encourages illegal activities or which harms the rights of others; (ii) post or distribute material which is not your own; (iii) post or distribute any material which infringes the copyright, trademark, patent, trade secret or other intellectual property or proprietary rights of any other party; (iv) impersonate any person or entity or create a false or misleading identity; (v) access, or attempt to access, the accounts of others; (vi) breach, or attempt to breach, our security measures, or penetrate or attempt to penetrate our computer software, hardware, electronic communication system, or telecommunications systems; (vii) collect, attempt to collect, or use other members' personal information;
(viii) engage in any activity which adversely affects the ability of other people or systems to use the Kollector or the internet generally; (ix) cause any nuisance or cause the operation of Kollector to be jeopardised or impaired; (x) post or distribute any material that contains any form of software virus or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (xi) modify, adapt, translate, or reverse engineer any portion of Kollector or its contents, or use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Website and/or Application, save only to the extent permitted by applicable law; or (xii) use the Kollector for any improper, unlawful.
8.6. You hereby indemnify and hold harmless, and upon our request, defend, us, our affiliates (and their respective directors, officers and employees) from and against any and all losses, liabilities, damages, costs or expenses (including reasonable attorneys' fees and costs) arising out of any claim, action, or proceeding brought by a third party based on a breach of any warranty, representation, covenant or obligation by you under these Terms. You will reimburse us and our affiliates on demand for any actual payments made in resolution of any liability or claim that is subject to indemnification under this Section, provided that we attempt to obtain your written consent prior to making such payments, such consent not to be unreasonably withheld, delayed or conditioned. We shall promptly notify you of any such claim, and you shall assume control of the defence of such claim upon our request. We shall have the right, at your expense, to participate in the defence thereof under your direction.
9.2. When you register on the Website or within the Application, we automatically create a profile for you, which may only be viewable by the other Users if you so choose. By choosing to make your profile public, your username and the time/date of your tags, as well as all material you post on your profile, will become visible to any visitor to the Website and/ or the Application. No other personal data is made public by us. If you want to make your profile private, you may update your details on your profile page on the Website and/or Application to reflect your choice where available. Kollector is available for your personal use only and you may not use Kollector for any commercial purposes. We may restrict or terminate your access to Kollector, at any time, without notice, if you are in breach of these Terms.
9.3. In the course of providing the Services data is transferred to and from servers located in Europe. By agreeing to Kollector's Terms of Service you accept the transfer of such data as is necessary to provide the Services even though the transfer is another country, outside EEC .
9.4. We may also store information about you using cookies (files sent by us to your computer or other access device) which we can access when you visit our site in future. We do this to track patterns of behaviour of visitors to our site and to store the preferences of users. In the course of serving advertisements to this site, our third-party advertisers may also place or recognize cookies on your browser.
9.5. By registering as Members on the site, natural and legal persons give their explicit consent to the processing of their personal data carried out by Kollector, namely the production and physical and electronic publication of a directory and a database for targeted internal search through the Site.
9.6. By virtue of the relevant legal provisions, Members have a right to the information, a right of access, a right of rectification and a right of opposition with regard to their personal data held by Kollector (firstname.lastname@example.org).
9.7. The statistics generated by the Application and all the information dedicated to are given on a “private” basis for the member only; that means that it is not allowed to sell or publicly communicate the information in question