Terms of Use

IMPORTANT:

THE FOLLOWING TERMS OF USE (hereafter the "Terms of Use") CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AS WELL AS A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW POTENTIAL DISPUTES WILL BE SETTLED.

Terms of Use & Privacy Statement

The access to the AUDIOFANZINE.COM website (hereafter the "Website") is provided to you by P. Bordas S.A.R.L., a French limited liability company with a share capital of €112'710, registered with the Trade and Commercial Registry of Nanterre under reference 310 072 384, having its registered office located 28 rue d'Armenonville 92200 Neuilly sur Seine, France (hereafter "Audiofanzine").

Acceptance of the Terms of Use

By using the Website, in any way whatsoever, you hereby agree to these Terms of Use.

Audiofanzine also provides, through the Website, a collection of online content, including notably classifieds, reviews, forums, newsletters, music, pictures, exclusive and contributive editorial content and various email or private messenger services (hereafter the "Services"). By using the Services in any way whatsoever, you agree to comply with the Terms of Use. In addition, when using particular Website services, such as the forum or the classified ads, you agree to abide by any applicable posted guidelines, which may change from time to time at our discretion.

Should you object to any term or condition or guideline herein set or to any subsequent modification of the foregoing, your only recourse is to immediately discontinue use of the Website and/or the Services.

Without prejudice to any prejudice Audiofanzine is entitled to in law or equity, it reserves the right to enforce the Terms of Use through self-help, community moderation, active investigation, litigation and prosecution, as it may be applicable to Audiofanzine's discretion.

For the purpose of the following, a person which has been using, is using or will be using the Website and/or the Services is referred to as an User.

Code of Conduct

By using the Website, you expressly undertake not to submit or transmit, directly or indirectly and in any way whatsoever, through the Website any material, or otherwise engage in any conduct that may, notably:

  • violate or infringe any right whatsoever including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights;
  • be unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious in any way whatsoever or contains explicit or graphic descriptions, or accounts of, sexual acts;
  • victimize, harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, disability or any other discrimination;
  • contain viruses or any other computer code, bot, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network, or allows to automatically collect information or qny other material from the Website;
  • encourages conduct that would constitute a criminal offense, or that may give rise to civil liability;
  • damage, disable or overburden our server, attempt to gain unauthorized access to protected content (defined as any material that may be located or on or accessible through our server, or the computer or network of the Users, but which is not publicly available on the Website), or harvest information on the other Users;
  • use the Website to transmit, directly or indirectly, any unsolicited communications, scams or spamming;
  • violate these Terms of Use, or any other guideline or policy posted on the Website by Audiofanzine, its network administrators or its appointed moderators; or
  • interfere with the use of the Website by others.

Content - Property rights

Any material whatsoever posted on the Website or through the use of the Services, including without limitation any data, text, communication, message, information, software, image, audio and video (hereafter the "Content"), remains the entire property of its original author. According to the applicable copyright law, such Content shall not be used, copied or reproduced without its author prior consent, save for your private and non-commercial use.

However, and subject to the provisions contained in specific guidelines applicable to a particular Service, by posting Content on the Website, you hereby agree to grant to Audiofanzine, its successors, licensees, affiliates and assignee a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, copy, sublicense, adapt, transmit, publicly perform, or display any such Content and to irrevocably waive in favor of Audiofanzine and its successors, licensees, affiliates and assignees, all moral rights in respect of any such Content.

Content - Liability

The Website is build upon a community of Users that continuously upload, share or transmit Content. Although Audiofanzine is using its best efforts to ensure compliance with applicable law and regulations, with these Terms of Use or with any policy that Audiofanzine may deem appropriate to apply, you are aware that reviewing all the Content is materially not possible or practical. Moreover, you understand that Audiofanzine has no control a priori over its users.

Furthermore, the Website contains features and functionalities that may link you or provide you access to third party content or websites, managed and developed independently from Audiofanzine (hereafter the "Third Party Content").

YOU HEREBY AGREE THAT AUDIOFANZINE SHALL NOT BE HELD LIABLE FOR ANY LOSS OR DAMAGE, IN ANY WAY WHATSOEVER AND TO THE EXTENT PERMITTED BY LAW, INCURRED IN CONNECTION WITH THE CONTENT OR WITH THIRD PARTY CONTENT.

Relationship with Advertisers

The Website may contain links to third party commercial website or advertisement. It is expressly agreed that any communication, commercial relationship or participation to promotional events organized by advisers, including without limitation payment or shipping of goods or services or any other terms, conditions and warranty in connection with the aforementioned, is only entered into between the User and the Advertiser and that such relationship shall not be binding Audiofanzine in any way whatsoever.

CONSEQUENTLY, YOU HEREBY AKNOWLEDGE AND AGREE THAT ANY DEALINGS THAT YOU MAY HAVE WITH ADVERTISERS FOUND ON THE WEBSITE ARE BETWEEN YOU AND THE ADVERTISER ONLY AND THAT AUDIOFANZINE SHALL NOT BE HELD LIABLE FOR ANY LOSS OR DAMAGE THAT YOU MAY HAVE INCURRED IN CONNECTION WITH, OR CLAIM YOU MAY HAVE AGAINST, AN ADVERTISER.

Disclaimer of Warranties

THE WEBSITE IS PROVIDED "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE". BY USING THE WEBSITE, YOU AKNOWLEDGE THAT AUDIOFANZINE MAKES NO EXPRESS WARRANTIES OR GUARANTEES ABOUT THE WEBSITE OR ITS CONTENT. TO THE EXTENT PERMITTED BY LAW, AUDIOFANZINE DISCLAIMS IMPLIED WARRANTIES THAT ALL SOFTWARE, CONTENT AND SERVICES AVAILABLE THROUGH THE WEBSITE, TOGETHER WITH THE WEBSITE ITSELF, ARE OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. AUDIOFANZINE DOES NOT GUARANTEE THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES.

Liability - General Limitation

TO THE EXTENT PERMITTED BY LAW, AUDIOFANZINE SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR LOSSES ARISING FROM THE USE OF, INABILITY TO USE, OR RELIANCE UPON THE WEBSITE. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF AUDIOFANZINE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnity

Upon Audiofanzine's request, you agree to defend, indemnify, and hold it and its affiliates or representatives harmless from all liabilities, claims, and expenses, including attorney's fees that may arise from your use or misuse of the Website. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

Applicable Law - Jurisdiction

These Terms of Use are governed by French Law, and any dispute arising in connection with it shall be exclusively settled by the French Courts located within the jurisdiction of the French Court of Appeal of Paris.

Privacy

Apart from information collected for internal use to adequate the quality of the Website to the User or for statistic purposes, Audiofanzine does not collect personally identifiable information about the User without its knowledge and consent, and all such information is collected directly from you. When you register to become a member, join our mailing lists, enter our contests, complete a survey, or other otherwise communicate with the Site, we will ask you for personal information such as your name, e-mail address, street address, telephone number and other information related to your musical tastes. We use the personal information you provide to us for the specific purpose for which you provided the information, and your personal information will not be displayed or disclosed, to the extent permitted by applicable law, regulations or any other regulatory authority, without your prior consent.

Audiofanzine is a French company. As such, it must comply with French Data Protection Act, enforced by law n° 78-17 dated January 6, 1978, as currently amended. According to this law, the User shall be aware of its right to freely consult and dispose of all its personal information provided to Audiofanzine. The User shall also be aware that, according to regulatory provisions, Audiofanzine's database containing personal and nominative information has been registered, under deposition # 788861, with the French Data Protection Authority (http://www.cnil.fr/index.php?id=4).

  • When you register as a Member on Audiofanzine.com, we will ask you to provide personal information.
  • The information we collect will NOT BE SHARED with other companies.
  • We use cookies and session to keep track of your interactions with Audiofanzine.com but we will NEVER show your personal information except if you explicitly decided to put them as public in your member profile by checking "Make my Personal Info public."
  • As a member, you may choose that your name, postal address and are public or private. By default, they are private
  • By default, your online presence is visible to other visitors. You can hide your presence in your member profile by clicking on "Hide when i am online"
  • Your e-mail address will NOT be visible to Visitors or Members, even when you write to another member, thanks to our Private Messaging System, except if you write your e-mail address in the e-mail you send
  • We DO NOT sell, rent, or lease our Member lists to third parties. If you explicitly checked "I accept to receive information from store partners" in your Member Profile, you may receive information on behalf of other companies, but we will NOT give them your e-mail addresses or other personal information.
  • P.BORDAS employs technologies to protect the information maintained on its systems from loss, misuse, unauthorized access, disclosure, alteration, or destruction.

Miscellaneous

These Terms of Use, together with any supplemental terms, policies, rules and guidelines that may be posted on the Website and that are hereby incorporated to these Terms of Use, constitute the entire agreement between the User and Audiofanzine and replace and supersede all prior written or oral agreements.

You hereby acknowledge and agree that Audiofanzine reserves the right to modify, at its own discretion, these Terms of Use, together with any supplemental terms, policies, rules and guidelines that may be posted on the Website, and that you will be subject to the aforementioned modifications.

If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

If you have any legitimate complain regarding Content posted by an User, or If you believe that your work has been unlawfully copied and is accessible on the Website in a way that constitutes copyright infringement, please click here http://en.audiofanzine.com/contact/ for instructions on how to contact us or our moderation team in order to allow us to help you in this regard.