GENERAL DESCRIPTION OF THE SERVICE The service " 55 MUSIC " is published by the company SPCE (hereafter " the COMPANY ") within the meaning of the law n° 2004-575 of June 21, 2004 for the confidence in the digital economy. It is intended exclusively for professionals working as independent contractors or in the form of a company and wishing to acquire, for themselves as producers or on behalf of third parties whom they are authorized to represent, the rights to use musical works and/or phonographic recordings with a view to their synchronization with the image within audiovisual works (in particular series, documentaries, magazines, television films, cartoons, etc.), films, institutions, etc. ), cinematographic, institutional, radio, advertising, multimedia (including websites, ringtones, multimedia applications) or live performances (hereinafter the "Synchronized Works"). The "55 MUSIC" service (hereinafter the "SERVICE") allows : o to proceed, initially without registration, to free and unlimited online listening of titles put online by the COMPANY from the SERVICE; o to proceed, in a second step, and after registration previously validated by the COMPANY, to the free and unlimited downloading of titles put online from the SERVICE with a view to their possible use (for radio TV with declarations to the SACEM) in compliance with the conditions described below in the Synchronized Works The musical works ("Works") and recordings ("Recordings") that are put online from the SERVICE are from different "music to picture" catalogs (hereinafter the "Catalog") for which the SPCE company holds, subject to the rights managed by the competent collecting societies, the exclusive exploitation rights as publisher of the works and phonographic producer of the related recordings that it exclusively markets online from the SERVICE. - APPLICATION OF THESE GC Registration for the SERVICE implies acceptance of these general terms and conditions, which the User expressly declares that he/she is aware of and accepts, and which the COMPANY reserves the right to modify at any time. - REGISTRATION TO THE SERVICE o Downloading of titles placed online on the SERVICE for use under the conditions of this Agreement is subject to prior registration by the User from the dedicated area of the www.55-music.com website. When registering for the SERVICE, the User undertakes to provide the COMPANY with the following identification details: Name / first name ; Telephone number; Valid e-mail address; Sector of activity / type of programs worked on; Name of the company; Address / City / Postal Code; Password / Login. o All duly completed registration requests are sent to the COMPANY, which acknowledges receipt by e-mail and, through its sales staff, contacts each User to check that he/she is a professional and, if so, validates his/her registration with the SERVICE. No guarantee is given by the COMPANY as to the acceptance of a User's registration request, since access to the SERVICE is strictly reserved for professionals (self-employed or companies). o Any validation of registration is confirmed by an e-mail sent by the COMPANY to the User indicating that his account has been activated and that the passwords and identifiers automatically issued to him may, if he so wishes, be modified subsequently. o - CONDITION OF ACQUISITION OF RIGHTS o Registration to the SERVICE does not give the User any right other than the right to download the tracks accessible from the SERVICE for free and unlimited listening for strictly personal and private use and to select the track(s) for use as described in Article 5 below. o The acquisition of all or part of the rights described in Article 5 below may be subject, depending on the projects, to the effective payment by the User of the sums invoiced to him by the COMPANY, under the conditions of Article 4.4 below, either : within 30 days following the date of acceptance by the User of the quotation drawn up by the COMPANY at the User's request, depending in particular on the duration, territory and type of rights requested and which may, depending on the type of rights concerned, consist of an annual flat-rate fee, the price of which may be revised, on expiry of the said subscription, according to the uses actually made; within 30 days following receipt by the COMPANY of each SACEM-SDRM broadcasting statement enabling it to identify the uses of its Catalogue that have been made by the User over a given period o The User undertakes in any event and whatever the type of use, among those listed in article 5 below, envisaged and the method of invoicing applicable to the said uses to contact the COMPANY in order to : on the one hand, to declare the type of use he/she wishes to make and to find out the billing methods that may be applied to him/her, the User being able, depending on the type of rights requested, to be billed according to the methods set out in point (i) and/or point (ii) of the aforementioned article 4.2 ; on the other hand, to fill in and sign and return to it the special conditions of use issued by the COMPANY and valid, subject to payment of the sums invoiced by the COMPANY, as authorization to use the Works and/or Recordings concerned according to, at the User's choice, all or part of the rights defined in article 5 below It is specified that the special conditions of use published by the COMPANY supplement the terms and conditions set out herein, it being stressed that in the event of contradiction between the terms of the said special conditions and these general conditions of use, the special conditions shall prevail. o The User shall be invoiced on the basis of the rates published by the COMPANY, which may be consulted at any time on request. o - RIGHTS OF USE o The authorization to use that is granted to the SERVICE's Users covers, subject to the rights entrusted to the SACEM-SDRM, the copyrights pertaining to the Works and, subject to any rights managed by the collective management companies for producers' rights (SPPF; SCPP), the neighboring rights pertaining to the Recordings that can be accessed from the SERVICE. o This authorization is expressly limited to the non-exclusive right to reproduce all or part of the Works and Recordings within the Synchronized Works with a view, at the User's discretion, to their distribution according to all or part of the following exploitation methods: CINEMA: non-exclusive right to represent, have represented, broadcast, have broadcast, distribute, have distributed the Synchronized Works in full or in excerpts in dubbed and/or subtitled versions in all languages, in cinemas; TV: non-exclusive right to represent, have represented, broadcast, have broadcast, distribute, have distributed the Synchronized Works in full or by excerpts by television broadcast on all channels accessible free of charge or by subscription for the purposes of individual or collective reception and this by all processes inherent to this mode of exploitation (television broadcasting by terrestrial hertzian way, TNT, cable, satellite, pay-per-view or all other known or to be discovered processes) DVD: non-exclusive right to exploit the Synchronized Works in full or in excerpts and in dubbed and/or subtitled versions in all languages by reproduction in the form of videocassettes, videodiscs and/or digital versatile discs (DVD), Blu-ray, hard disks, USB keys, and all reproduction media known or to be discovered for the purpose of making them available to the public by lending, exchange, rental or sale; VOD: non-exclusive right to communicate to the public online Synchronized Works in full or in excerpts and in dubbed and/or subtitled versions in all languages through a telecommunication network and/or an interactive telematic system, such as teletel, Internet, telephone networks, etc, by any means, including satellite, cable, etc., allowing linear viewing by streaming or non-linear viewing by temporary and/or definitive downloading, provided that there is no possibility of downloading the work and the Recording from the COMPANY's Catalogue separately from the downloading of the Synchronized work, nor of altering it. MULTIMEDIA/WEB: non-exclusive right to communicate the Synchronized Works to the public online in their entirety or in extracts and in dubbed and/or subtitled versions from, in particular but not exclusively, WEB sites (such as community sites, etc.), audiotel servers, within the framework of mobile applications, etc., in all languages via all communication networks. in all languages via all electronic communication networks allowing the transmission of image and sound data by terrestrial radio, satellite, cable (including broadcasting by MMDS), digital, high definition and ADSL or by online transmission means such as networks, and in particular the Internet and/or mobile network, regardless of the receivers used to view the Synchronized Works (televisions, computers, mobile terminals, tablets, etc.), the broadcasting standards (analog or digital) and the functionalities of the access control systems used; INSTITUTIONAL: non-exclusive right to reproduce on all media (DVD, CDR and CD) and communicate to the public the Synchronized Works by means of the said DVD, CD and CDR and/or on the Internet networks (including or not social networks) and/or Intranet and/or within the framework of internal company events such as "conventions" (except for the possibility of reproduction on audiovisual media) and this exclusively for the needs of the internal and/or external communication of the User. RADIO: non-exclusive right to communicate the Synchronized Works by way of live and/or deferred broadcasting, within the framework of on-demand availability and/or linear broadcasting by any means known or unknown to date, including by radio and/or by any other electronic communication network such as, in particular, cable, satellite, Internet, telephone or any other broadcasting process; LIVING PERFORMANCES: non-exclusive right to reproduce on all media (DVD, CDR and CD) and communicate to the public the Synchronized Works by way of recitation and/or public performance in all public or private performance venues as well as, where applicable, the right to proceed with the recording by all technical processes and on all media of the performance of the Synchronized Works with a view to broadcasting according to all or part of the modes of exploitation referred to herein; PROMOTION: non-exclusive right to reproduce excerpts of the Synchronized Works in trailers, teasers, promoreels, DVD bonuses and making of the Synchronized Works with a view to their exploitation for promotional purposes in cinemas, on DVD or similar media, on VOD, within the framework of radio broadcasts, WEB broadcasts or any other exploitation method referred to herein The use of the Work(s) and Recording(s) separately from the images that accompany it/them in the Synchronized Works and, more generally, according to all modes and processes not expressly referred to in this article is strictly prohibited, all rights not expressly assigned under the terms of these presents remaining strictly reserved to the COMPANY. o It is hereby specified that the aforementioned methods of exploitation correspond in a general manner, and subject to any modifications and/or additions that may be decided upon by mutual agreement between the User and the COMPANY within the framework of the special conditions of use, to the entirety of the methods of exploitation possible for all types of Synchronized Works combined. Thus the User will most often be led to select, for the same Synchronized Work, several different methods of exploitation, a cinematographic work for example being exploited in the cinema, on television and/or also on DVD and VOD media. o This authorization to use is granted for the territory and duration requested by the User and set out in the special conditions of use published by the COMPANY, within the limits of the exclusive rights of use held by the COMPANY, subject to the rights managed by the competent collective management companies. o This authorization is purely personal to the User, the latter being entitled, however, to authorize any duly authorized third party who may be required to exploit, by any means and procedures corresponding to the methods of exploitation referred to herein, the Synchronized works incorporating all or part of the Works and Recordings making up the COMPANY's Catalogue. o - OBLIGATIONS AND GUARANTEES OF THE USER o The User undertakes to make a compulsory declaration to SACEM-SDRM for each use of the Works in the COMPANY's Catalogue that he or she makes, which declarations may, at the User's choice, be made by the User or through the COMPANY. The COMPANY undertakes, in this second case, to send to SACEM-SDRM the declaration forms for the Works that the User will have filled in directly online, the COMPANY making available to the User for this purpose directly from the SERVICE the SACEM-SDRM declaration forms specific to each type of work that the User will have synchronized with all or part of the COMPANY's Catalogue. o The User declares that he/she is personally responsible for paying the rights due to SACEM-SDRM and/or any other competent collective management company and which would be due for the use of the Works and/or Recordings, under the conditions hereof, within the Synchronized Works. The User also undertakes to pay all the sums invoiced to it by the COMPANY in return for the exploitation authorizations granted to it, it being emphasized that in the event of failure to pay and/or payment of all or part of the said "transfer" price, any use of the o The User acknowledges that the authorization to use article 5 is granted by the COMPANY on a non-exclusive basis. o The User acknowledges that the authorization to use Article 5 is granted to him by the COMPANY on a non-exclusive basis, the COMPANY therefore remaining entirely free to use the Recording(s) and Works acquired by the User in any way it chooses, in particular by licensing them to third parties, including for terms of use strictly identical to those referred to herein. o The User acknowledges that the authorization to exploit the Works referred to in Article 5 is granted to him in his capacity as a professional (independent or company), the User thus guaranteeing to the COMPANY that he is acting on his own behalf or on behalf of the producer within the meaning of the Code of Intellectual Property of Synchronized Works. o The User undertakes to comply strictly with any other obligation appearing on the special conditions of use issued by the COMPANY and which he/she undertakes to return to it duly completed and signed under the conditions of article 4.3. o - CREDITS o The User undertakes to ensure that the following information appears in the credits and opening and/or closing credits of the Synchronized Works TITLE.../ PERFORMER... AUTHOR.../COMPOSER... 55 MUSIC (p) 55 MUSIC o However, and with regard specifically to advertising works, it is agreed that, in view of their broadcasting constraints, the said works having neither opening nor closing credits, the above-mentioned credits shall not be mentioned during its various uses, the COMPANY acknowledging that it is not customary in advertising to make this type of mention, which it expressly renounces. o - COLLECTION AND PROCESSING OF PERSONAL DATA o The personal data collected on each Member is intended for the COMPANY. This data shall be processed and used by the COMPANY within the limits of what is necessary for the proper functioning of the Site's services and shall be kept by the COMPANY as proof of the contract, and no transmission by the COMPANY of the said data collected in application of the present Agreement shall be made to third parties, except with the Member's prior consent o Parental authorization is required for the collection of this data for any user wishing to register on the Site who has not reached the age of majority. The holder(s) of parental authority agrees(s) consequently to be guarantor(s) of the respect of all the provisions of the present general conditions. o In accordance with the provisions of the French Data Protection Act No. 78-17 of January 6, 1978, as amended by Act No. 2004-801 of August 6, 2004, the processing of information collected by the COMPANY has been declared to the French Data Protection Authority (CNIL). The Member has the right to access and rectify his or her personal data, which can be exercised at any time from his or her personal profile o In order to prevent the data from being distorted, damaged or accessed by unauthorized third parties, the COMPANY undertakes to make its best efforts to ensure the security of the personal information collected from Members. o - APPLICABLE LAW The present terms of use are subject to French law. In the event of a dispute, the French courts within the jurisdiction of the Paris Court of Appeal shall have exclusive jurisdiction.
