The Keakr Platform and the Website (http://www.keakr.com/) are the property of Keakr, a French société par actions simplifiée, with a share capital of € 3 273,46, registered with the Paris Trade and Companies Register under number 809 604 762, having its head office located at 29 rue Keller (75011) Paris.
E-mail address: email@example.com
Intra-Community VAT number: FR64 809 604 762 00041
Publishing manager: Mr. KOCHMAN HICHAM
Web host: MICROSOFT AZURE
Keakr publishes a collaborative platform, accessible via mobile phone, tablet and any other connected device, with a goal to promote music creation, and make available to registered persons:
The terms defined below shall have the following meanings between the parties:
“Account”: means a virtual space in the form of web pages dedicated to the User within the Website or the Platform;
The contractual documents governing Keakr’s relationship with any User are:
Users agree that they:
The User also agrees to accept any assignment of rights that he or she grants to Keakr pursuant to the provisions of Article 18.
This Website and Platform are offered and available to users who are 15 years of age or older. By using this Website or Platform, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
If User accesses or uses the Website and/or the Platform as professional, he represents and warrants to KEAKR that he holds all the rights, authorizations and powers necessary to accept the hereby Terms and Conditions in the name of the company, association, partner, or any other legal entity or structure for which he accesses the Website and/or the Platform.
In the case of using Marketplace Services, Licensee and the Licensor agree to perform their obligations to declare and their tax payment and/or social contributions related to the hereby license agreement.
Licensee and the Licensor shall refer to links and indications given by KEAKR and acknowledge to be aware of the non-exhaustive characteristics of the documentation given by KEAKR. KEAKR’s liability cannot be invoked due to these non-exhaustive characteristics. Licensee and the Licensor must make themselves aware of their tax obligations. KEAKR is a transparent intermediate of this delivery.
Marketplace Users shall mention if they act through a commercial structure or individually and shall give the data necessary to use linked Services.
In the case of this Licensor’s delivery may be made under the professional limitation of a commercial transaction, Licensor represents to know and to enforce administrative duties, tax and social obligations of his jurisdiction and administrative rules, social and fiscal regulations related to his business activity. Licensor should be responsible for collecting VAT, submitting a VAT return and paying the VAT if applicable.
In the case of the purchase of this delivery may be under a professional limitation by Licensor and License, he represents to know and to enforce administrative duties, tax and social obligations of his jurisdiction and administrative rules, social and fiscal regulations related to his business activity.
This license is non-transferable and limited to the Phonorecord hereby mentioned. This license is the entire agreement between Licensor and Licensee and is of a binding nature for the Parties.
It has to be noted that in consideration for the rights granted in this agreement regarding the master use of the Phonorecord and the free nature of the right to use of the musical composition and of the interpretation of Licensor, Licensee must pay to Licensor, including the value-added tax if applicable and excluding intermediary fees, a fixed-price sum
Once the payment of the Price is received by Licensor, Licensee will receive an url link to download the Phonorecord under its appropriate format on the email address he gave.
Licensee shall use best efforts to have Licensor credited under the limitation of the New Phonorecord(s) exploitation. Licensor acknowledges that any failure to issue the credit under the limitation of the New Phonorecord(s) exploitation shall not constitute a violation of an essential provision of the related agreement.
As regards combating fraud, KEAKR must keep a special register in which the company keeps records of all transactions it took action with as intermediate. KEAKR shall also give Users an -non-modeled- annual summary document which includes the following data:
This document shall be submitted to Users by electronic means not later than January 31 of the year following that for which transactions were completed.
User shall be informed that administration also has a communication right allowing it to ask web users about their sales, their clients, their transactions and their suppliers.
Administrative documents specify that the requirement to provide information shall be deemed to be fulfilled if Licensor and Licensee access the Website and/or the Platform of the intermediate (i.e. KEAKR) through hyperlinks hereunder mentioned (CGI ann.II art. 171 AX, II) and presenting their subject (BOI-BIC-DECLA-30-70-40 n° 30, 3-2-2017). According to the administration (BOI-BIC-DECLA-30-70-40 n° 20, 3-2-2017), administration websites whose links shall be made available are the following:
Through the Livestream feature, KEAKR allows Users to stream live and/or pre-recorded Audiovisual Works. Users of this Service declare that they are solely responsible for the user content and the consequences of its display and/or broadcast and/or publication. The User declares and guarantees :
It is understood that KEAKR reserves all rights and remedies against any user who violates these representations and warranties.
As regards the streaming of live and/or pre-recorded Audiovisual Works, the rights granted by the User end once the User stops or deletes this user content from KEAKR services, or generally by closing his/her account, except : (a) to the extent that the User has shared it with other Users as part of KEAKR Services; (b) if KEAKR has used it for promotional purposes; and (c) for the reasonable period of time needed to delete the backup and other systems.
KEAKR uses reasonable security measures to attempt to protect user content from unauthorized copying and distribution. However, KEAKR does not warrant that the user content will not be copied, used or distributed by third parties without authorization when using the Livestream feature. To the extent permitted by applicable law, the User agrees that KEAKR shall not be liable for any unauthorized copying, use or distribution of user content by third parties and forever waives any claim against KEAKR for any unauthorized use or copy of user content.
During the Livestream, Users viewing the Audiovisual Work (hereinafter referred to as the "Senders") and wishing to support the User who created the aforesaid Audiovisual Work (hereinafter referred to as the "Beneficiary") have the possibility of giving him/her, without any compensation, Digital Content via the Tipping feature. This positive and stimulating experience is dedicated to creative Users and their community.
Via the Livestream feature and for the duration of the broadcast of the Audiovisual Work, Senders can give Beneficiaries a determined number of Digital Contents thanks to the Tipping feature. The Beneficiary is notified on its user interface of the donations thus received.
It is understood that KEAKR will charge transaction fees and other commissions for each donation.
Digital Contents obtained by the Beneficiary during the Livestream, minus the aforementioned fees and commissions, may be (1) used on KEAKR services and features using Digital Contents (2) converted into real currency, and this, according to the conditions and contractual framework provided by KEAKR and any other service provider of its choice. The latter will be required to charge fees and commissions. The User will refer to their pricing and use conditions for their services.
KEAKR does not guarantee that Digital Contents will be available at all times or at any particular time. KEAKR does not promise to continue to offer Digital Contents for a defined period of time. KEAKR may modify Digital Contents at its sole discretion, and such modifications may make Digital Contents more or less common, attractive, profitable or useful. KEAKR may at any time suspend or end Digital Contents with or without cause, at its sole discretion, and without prior notice or any other obligation.
KEAKR reserves the right to modify and update its catalog of Digital Contents offerings without notice. KEAKR reserves all rights, titles and interests in and to the Digital Content and offer catalogs, and all related copyrights, trademarks and other intellectual property rights. Unless otherwise required by applicable law, unused Digital Content will be lost if the User's account is deleted.
As regards combating fraud, KEAKR must keep a special register in which the company keeps records of all transactions it took action with as intermediate.
KEAKR shall also give Users an -non-modeled- annual summary document which includes the following data:
This document shall be submitted to Users by electronic means not later than January 31 of the year following that for which transactions were completed.
User shall be informed that administration also has a communication right allowing it to ask web users about their sales, their clients, their transactions and their suppliers.
Administrative documents specify that the requirement to provide information shall be deemed to be fulfilled Users access the Website and/or the Platform of the intermediate (i.e. KEAKR) through hyperlinks hereunder mentioned (CGI ann.II art. 171 AX, II) and presenting their subject (BOI-BIC-DECLA-30-70-40 n° 30, 3-2-2017). According to the administration (BOI-BIC-DECLA-30-70-40 n° 20, 3-2-2017), administration websites whose links shall be made available are the following:
The User acknowledges that the Services are intended to promote music and the sharing of sounds and content related to the world of music. For this reason, Keakr wishes to offer these Services to Users free of charge, except for Services provided through Marketplace and the Tipping feature in order to promote the exchange and free distribution of Content.
The User acknowledges and agrees that by broadcasting his or her Compositions and/or Studio Works and/or Content on the Website or the Platform, he or she intends to participate freely and voluntarily in promoting the diversity of music on the Internet in the spirit of community and free exchange. Therefore, he or she represents and warrants that the Compositions and/or the Phonorecord(s) and/or the New Phonorecord(s) the Studio Works and/or Content and/or Audiovisual Works posted and/or Livestream broadcasted on the Platform are not registered with SACEM or any other Company in charge of the management of copyrights and similar rights and, consequently, that the exploitation of the Compositions and/or the Phonorecord(s) and/or the New Phonorecord(s) the Studio Works and/or the Contents and/or the Audiovisual Works within the framework of the Services is not subject to the payment of any royalty by Keakr due to any collective management.
The User warrants and represents not to be a member of any performing rights organization, and not to have assigned his/her rights to any copyright management organization.
Otherwise, the User expressly agrees to inform Keakr if he or she is a member of a copyright and/or similar rights management company, including representation by a music or talent agency, including through the messaging platform, prior to the transfer of any Composition on the Platform. The User acknowledges and accepts that Keakr will be free to accept or reject the transfer and distribution of his or her Compositions for any reason whatsoever.
Where applicable, Keakr will take any necessary action to pay the relevant fees to any such rights management company.
The User agrees to hold Keakr harmless against any action by a copyright and/or similar rights management company under the conditions described below in Section 18.1.3.
As regards the use of Marketplace Services, Licensor warrants that he controls the mechanical rights in and to the copyrighted musical work on the “Phonorecord” that he offers under license. Licensor also warrants to be the sole producer and performer of the Phonorecord, and sole producer of the master of the Phonorecord.
As regards the use of Marketplace Services, Licensor and Licensee warrant and represent not to be members of any performing rights organization, and not to have assigned their rights to any copyright management organization.
As regards the use of Marketplace Services, Licensor or Licensee represents to accept any commission or fee linked to the transparent intermediate role of the KEAKR company. Except as set below, the aforementioned fees or commissions shall be paid when provided Services are received.
As regards the use of combined features of Livestream and Tipping, the User agrees to accept any commission or fees related to the role of the transparent intermediary KEAKR company. Except as otherwise stated, such fees or commissions shall be payable upon receipt of the offered Services.
Access to the Services is only possible through the Internet, with any electronic communication device such as a computer, mobile phone, tablet and any other connected device. Access to the Services is restricted to legal persons, adults and minors over the age of 15.
Access to Services is however allowed for minors under the age of 15, provided they are authorized to do so by their parents or their legal representatives. Proof of that authorization must be sent by email to firstname.lastname@example.org, in the form of a document proving the identity of the parent or legal representative (copy of ID card or passeport).
KEAKR will temporarily suspend any User Account under the age of 15 that comes to its knowledge, indefinitely, and at least until such document is received by email.
To access the Services, the User is required to open an Account with Keakr via the Website or the Platform according to the procedure described in Section 10.1.
Access to the Website, the Platform and the Services does not require any financial consideration. However, any access costs, including any internet or wireless subscription, necessary to access the Website or the Platform shall however be borne by the User.
The User must be registered with one of the third-party social networks suggested by Keakr on the home page of the Platform and the Website and use his or her login details to said social network to register via the login button of the social network. The User agrees to provide Keakr with any additional information requested by the latter. The User may also register with Keakr using his or her email address. The registration process via the online form includes the following steps:
The User expressly authorizes Keakr to access and retrieve personal information and usage data from his or her account on the relevant third-party social network.
Registration to the Services automatically results in the opening of a User Account in the name used by the User at login and the allocation of a personal space in the form and according to the technical means that Keakr deems most appropriate for the Services. This includes, customizable personal space accessible by other Users under the conditions described below in the Article 12 and allowing the User to interact with other Users, on his or her Profile.
The User commits to creating and using a unique User Account, either under his own identity, his or her artist name or under the identity of a legal entity he or she represents legally (brand, company, production firm, etc.). Creating or using additional User Accounts, meanwhile keeping the previously created or used User Account, may lead to the suspension or deletion of all Accounts related to that User. In the case of using Marketplace Services, login shall be used to establish Licensor’s and Licensee’s identity for license contractualization.
Any Account or Content aiming at usurping someone else's identity, be it a person or a legal entity, is not permitted. Using the KEKAR brand or any other reference to the KEAKR brand, whatever the form, in the User Account or Profile, is also not permitted. Any attempt at falsely impersonating a member of the KEAKR team or any of its representatives constitutes a violation that will lead to the deletion of that User Account.
The User guarantees the accuracy of the information provided to Keakr for the purposes of opening his or her User Account. The User is solely responsible for the protection and confidentiality of his username and password. The password is strictly personal and confidential.
The User agrees to take every reasonable measure to ensure the confidentiality of his or her username and password and, in particular, to modify it regularly. Any use of the password is presumed to be made in the name of the User. The User agrees to change his or her password without delay should he or she lose, forget or disclose the password to others. This change is made directly online with the forgotten password form.
The User is solely responsible for any use made of his or her password until he or she has requested, under the above conditions, a change of the password.
While Keakr possesses personal data of the User and retains it in accordance with its legal obligations, it is not responsible for fraudulent or abusive use of a User’s account due to a voluntary or involuntary disclosure to anyone of the User’s identifiers and/or passwords. Should the User find that his User Account is or has been used without his or her knowledge, he or she agrees to notify Keakr as soon as possible, at email@example.com.
In order to perform a verification of the User Account, Keakr may collect the Users' telephone numbers.
The User may at any time stop use of the Services and close his or her Account without prior notice, without cost, other than those related to the cost of access to the website, and without reason via the contact form available on the Website or the Platform or by sending an email to Keakr which will result in the deactivation of the Account and associated data except data that is retained in accordance with Article 23. The User must save the Compositions, Studio Works and/or Contents hosted on his or her Profile, on any medium of his or her choice.
The User remains responsible for any use of his or her Account prior to its closure.
The User may reactivate his or her Account by logging on with his or her username and password via the Website or the Platform, at any time for a period of 3 years from the date of deactivation. After this period of 3 years, the User Account will be permanently closed and the data collected by Keakr during the registration, as well as the Compositions, Studio Works and/or Content will be destroyed by Keakr, in accordance with the provisions of the law n°78-17 of 6 January 1978 relating to computers, data and privacy (Loi n° 78-17 du 6 janvier 1978 relative à l'informatique, aux fichiers et aux libertés).
In the case of using Marketplace Services, User (i.e. Licensor or Licensee) remains liable to the obligations defined in exclusive or non-exclusive license agreement(s).
Compositions and Phonorecords provided as licenses by a Licensor made by an User are transferred respectively by the User and Licensor to the digital sound bank created and structured by Keakr, containing all the Compositions made by all Users as well as all Phonorecords produced by all Licensors as well as the Compositions offered by Keakr and made available to Users on the Website and the Platform in the Library.
The User agrees to save in the Library only instrumental Compositions, containing only words written and sung by the User.
Licensor warrants and represents to display on his personal Marketplace account only Phonorecords, which potentially include lyrics, written or sung by the sole Licensor. The latter is free to choose the Phonorecords (style, musical genre, instrumentation) he uploads to Marketplace for purposes of cessions remunerated by way of a lump sum of exclusive and non-exclusive licenses for Licensees.
The User is free to choose the Compositions (style, musical genre, instrumentation) that he or she transfers to and makes available in the Library. The User agrees to save the Compositions in the section corresponding to the musical style of each Composition.
The User acknowledges and agrees that the Compositions are made available in the Library free of charge and waives the right to any consideration, payment or financial compensation from Keakr or other Users.
Keakr provides Users, via the Website and the Platform, with the Services described below under the following conditions:
Keakr provides each User with access to the Compositions Library, accessible via the “Studio” feature.
The search for Compositions can be done by musical style, by User name and/or by keywords.
The User can select a Composition in the Library to create a Studio Work.
The User acknowledges and agrees that these Compositions are not intended to be used exclusively by a single User, and that they may be used by multiple Users, simultaneously or not, one or more times.
Keakr provides the User with the “Studio” function, which enables him to create a Studio Work based on a Composition by adding his voice or the voice of one or more other Users simultaneously with said Composition.
The User can record, at his discretion, his Studio Work as a video clip. In this case, the User can film himself with the “Studio” function. The User represents and warrants that he is the author of these images and/or videos or that he has obtained from the owner(s) of the intellectual property rights over said images and/or videos all necessary authorizations for the distribution of the Studio Works on the Platform and their possible use in the context of the Services.
Studio Work is saved on the User Profile in the “Clips” tab.
The User may publish his or her Compositions, Studio Works, as well as any other Content on his Profile, by using the form and means deemed most appropriate by Keakr to execute the Services.
The User acknowledges and agrees that he or she was informed that Compositions and Studio Works may only be used via the Services offered by the Platform, to the exclusion of any commercial exploitation.
Keakr provides the User with the “Viral Lab” function, which allows him or her to broadcast his or her Studio Works on the social networks of his or her choice, other than the Platform.
The User can manage his or her Compositions and Studio Works as he or she wishes, and, in particular, give them a title and categorize them by musical style, date or title.
The User acknowledges and agrees that the Studio Work constitutes an indivisible whole made up of a Composition and constitutes a derivative work within the meaning of Article L.113-2 of the Intellectual Property Code (L.113-2 du Code de la propriété intellectuelle). The User Agrees not to record or dissociate the Composition from the Studio Work in order to exploit the Composition individually outside the Platform.
The User is free to delete from his or her Profile any Composition and/or Studio Work and/or Content, at any time by using the “delete” function available for each Composition, Studio Work and Content, according to a form and means deemed most appropriate by Keakr. The User acknowledges and agrees that the deletion of the Composition, Studio Work or Content is immediate on the Profile but remains in a backup copy on Keakr servers for a period of time that will be left to Keakr’s discretion, without this copy being publicly available.
Comments / “valid” function
With Keakr, the User can post Personal Comments on his or her Profile and/or the Profile of other Users in reaction to the Compositions, Studio Works and Content made available to the User community or only a group of Users.
Keakr also provides the User with the “valid” function, allowing him or her to indicate his or her interest for a publication by clicking on the “valid” icon available under each Composition, Studio Work, Content or Comment published by a User.
Keakr alone decides on the form and the most appropriate technical means to perform this Service.
Access to the wall
Keakr provides the User via his Profile with a newsfeed or “Wall”, on which the notifications, events, publications and comments of friends of the User are displayed.
The User acknowledges and agrees that Keakr can publish on his or her Wall all information, content and advertising as it chooses and as provided for in Article 7, in a form and according to the means it deems most appropriate.
Keakr provides the User with a “Search” tab, allowing him or her to find other Users by their username.
The User can become a contact of any other User, by sending a request of contact to another User via the “Add” icon next to the username of any User.
The User to whom the contact request has been sent is free to accept or reject the request. If he or she accepts it, the User who made the request becomes a “Poto”.
The list of Potos is available in the “Rézo” section under the “My Potos” tab. The User is free to manage his or her list of Potos as he or she wishes and may add or remove Potos, at any time.
KEAKR provides the User with a "Tipping" feature, allowing him to give Digital Contents to another User without compensation during a "Livestream".
Keakr may, in its sole discretion, offer to any User who recorded one or several Compositions in the Library to promote his or her Compositions on the Wall of all Users of the Platform, including those who are not Potos of the User.
Keakr may, in its sole discretion, choose the Users’ Compositions that it decides to promote, in a form and according to the means, for a duration and at a regularity that it deems most appropriate, including by dispersing excerpts of certain Compositions.
Keakr offers the User the opportunity, under the conditions and terms provided herein, to participate in games, contests, sweepstakes and entertainment of all kinds. Some games, contests, sweepstakes or entertainment are subject to special conditions that the User must expressly accept to participate, which the User acknowledges and accepts.
The User will be informed of the launch of all games, contests, sweepstakes and/or entertainment on his or her Wall, in a form and according to the means that Keakr deems most appropriate.
KEAKR offers to the User who creates live and/or pre-recorded Audiovisual Works, under the conditions and within the limits set forth herein, a feature allowing him/her to stream these works on the KEAKR Platform and Website.
KEAKR offers itself as an intermediate between Licensors providing Phonorecords and any User wishing to buy, by way of a lump sum, one or several Phonorecords in the form of an exclusive or non-exclusive license through paid download of high quality digital files and exported to various formats (mp3, wav and/or tracked out stems).The using and exploitation framework of the license is set by a specific agreement binding Licensor and Licensee and defining their obligations and respective pledges.
KEAKR makes the “Studio” function available for Licensee, which enables him to produce a Studio Work using the licensed Phonorecord, in whole or in parts, in order to create a New Phonorecord. It has to be noted that the New Phonorecord thus created is regulated by the use framework linked to Studio Works as hereby mentioned in General Conditions.
Keakr reserves the right to offer any other Service it deems useful, in a form and according to the technical means that it deems most appropriate to perform said Services, free of charge or for a fee.
Keakr makes its best effort to provide services accessible to all Users under the best conditions.
However, Keakr cannot guarantee absolute technical compatibility of the Services that it offers since their proper working is subject to the software and hardware compatibility of the IT equipment used by Users.
Keakr provides the User with an email address to use to request all information necessary to use the Services offered and to collect any complaints: firstname.lastname@example.org.
Should a User encounter difficulties in accessing and/or using any of the Services offered, he or she may at any time contact customer service.
The Services are provided to the User free of charge, except for Services provided through Marketplace and the Tipping feature, the User agrees to assume all costs of access to the Internet and the costs of communications.
Except for Services provided through Marketplace regulated by the contractual framework made between Licensor and Licensee, the User agrees not to monetize, sell, grant, exchange and more generally, trade all or part of the access to the Services, the servers of the Platform, or any information, Works, Compositions and/or Contents that are hosted and/or shared.
For proper management of the Services and their continual updates, Keakr may have to limit or suspend access to the Platform to perform maintenance and/or improvements. Keakr agrees to inform Users in advance by a general information message on the home page of the Platform and the Website if there will be maintenance and/or improvement operations.
As part of the maintenance and/or improvement operations, Keakr agrees to use its best efforts to make User Account backups, including backups of Content, Phonorecord(s), New Phonorecord(s), Studio Works and Compositions recorded on the User Account, to enable the restoration of the User Account, as it stood on the date of said maintenance and/or evolution operations.
However, Keakr is not responsible for the loss of a Studio Work or a Phonorecord or a New Phonorecord or a Composition that was in progress at the time of the maintenance and/or improvement operations that was not previously saved by the User on his or her Account.
The User grants to Keakr, on a non-exclusive and worldwide basis, a license to exploit and use the intellectual property rights he or she holds on the Compositions, for the entire duration of the legal protection applicable to the Compositions (under Copyright, droits d’auteur or any other legal grounds) and for the sole purpose of:
making the Compositions available to Users in the Library as part of the Services;
For these purposes, User grants Keakr a license to:
reproduce the Compositions, in whole or in part, in original or in copy, in any format and on any medium, known or unknown, including printed, electronic, digital or IT, by any means and any material or immaterial process, existing or future, predictable or unpredictable;
publicly circulate and/or broadcast the Compositions to the public, in whole or in part, through any media and any means of broadcasting, of any nature whatsoever, known or unknown, including by communication networks, the Internet, mobile networks, television broadcasting, cinema or billboards;
associate the Compositions with any visual, sound and/or textual elements;
use the Compositions, in whole or in part, in order to incorporate them into or exploit through, without limitation, all products, multimedia, audiovisuals, websites, games or applications;
exploit the Compositions for promotional and advertising purposes.
The rights described above may be exploited directly and/or indirectly by Keakr or transferred by it to third parties, in whole or in part, according to the terms and conditions it deems most appropriate.
In addition, the User who has made Compositions grants to other Users, on a non-exclusive, free and worldwide basis, a license to use the Compositions for the entire duration of the legal protection applicable to the Compositions (under copyright, droits d’auteur or any other legal grounds) solely for the purpose of creating Studio Works based on the Compositions made available in the Library which includes:
The User expressly grants to Keakr a license to exploit on a non-exclusive, free and worldwide basis, the interpretations of the Compositions as transferred to the Library for the purposes provided for in this article (hereinafter the “Interpretations of the Compositions”) for the whole duration of the legal protection applicable to such Interpretations of the Compositions. In this context, the User grants to Keakr the right to:
The User grants to Keakr on a non-exclusive, free and worldwide basis and for the duration of the sharing of the Studio Works and/or Audiovisual Works and/or Contents in public mode, a license to use the Studio Works and/or Audiovisual Works and/or Contents, for the sole purpose of:
The User agrees that the rights described above may be exploited directly or indirectly by Keakr or transferred by it to third parties, in whole or in part, according to the terms and conditions that it deems most appropriate.
The User expressly grants to Keakr a license to exploit on a non-exclusive, free and worldwide basis, the interpretations of the Studio Works as transferred to the Library for the purposes provided for in this article (hereinafter the “Interpretations of the Studio Works”) for the duration of the legal protection applicable to such Interpretations of the Studio Works. In this context, the User grants to Keakr the license and right to:
reproduce and/or procure the reproduction, rent or grant a right of use, in all forms, in whole or in part, of the Interpretations of the Studio Works, associated or not with voices, in digital file format, for the sole purpose provided for herein; and
publicly circulate and/or broadcast Interpretation of the Studio Works by any means known or unknown to date, for circulation on the Platform.
The User warrants that the Compositions, the Studio Works, the Audiovisual Works, the Contents, the Phonorecords, the New Phonorecords, the Interpretations of the Compositions and/or the Phonorecord(s) and/or the New Phonorecord(s) and the Interpretations of the Studio Works do not constitute an infringement of any other right belonging to a third party or to any other User. For clarity, the User represents and warrants that he or she is not represented by any person, or otherwise are not registered with SACEM or any other Company in charge of the management of copyrights and similar rights and, consequently, that the exploitation of the Compositions and/or the Phonorecord(s) and/or the New Phonorecord(s) the Studio Works, and/or the Audiovisual Works and/or the Contents within the framework of the Services is not subject to the payment of any royalty by Keakr due to any collective management. Further, as noted above, the User expressly agrees to inform Keakr if he or she is a member of a copyright and/or similar rights management company, including representation by a music or talent agency, including through the messaging platform, prior to the transfer of any Composition on the Platform. The User acknowledges and accepts that Keakr will be free to accept or reject the transfer and distribution of his or her Compositions for any reason whatsoever.
The User undertakes to hold harmless, defend and indemnify Keakr against any complaint, claim or action by one or more other Users or third parties, including any copyright or similar rights management company, claiming that the Compositions, the Studio Works, the Audiovisual Works, the Content, Interpretations of Compositions or Studio Works Interpretations would constitute a violation of its rights, whatever they may be and in particular its intellectual property rights, rights to the image and to the protection of the privacy. Accordingly, the User agrees to indemnify Keakr for any loss it may suffer and to bear all damages, costs, charges and expenses to which Keakr may be liable, or which would be provided for by a settlement agreement signed by Keakr after obtaining the prior consent of the User.
As regards the use of Marketplace Services and in the event of a dispute involving Licensor and/or if Licensor may be liable for damages of any kind resulting from a legal decision or a third-party agreement, because of actions attributable to Licensee, Licensee must refund all the sums paid by Licensor, within fourteen (14) days ensuing the payment of each of these sums. Licensor may contact Licensee and they will personally address this dispute.
In the event of a dispute involving Licensee and/or if Licensee may be liable for damages of any kind resulting from a legal decision or a third-party agreement, because of actions attributable to Licensor, including the event of Licensor not informing Licensee that a sample would have been integrated to the Phonorecord, Licensor must refund all the sums paid by Licensee, within fourteen (14) days ensuing the payment of each of these sums. Licensee may contact Licensor and they will personally address this dispute.
In the event of Licensor performing or communicating the Phonorecord to the public during the term of this license, notably, but not limited to, by means of an upload on the KEAKR platform, of a new upload on any other platform of similar services, or of an emailing to a phonorecord publisher, to a musical performer or to an artist agent, Licensor shall have seven (7) days, from the day Licensee notices this breach, to cure this breach and to refund Licensee of the entirety of the Price, plus fifty percent (50%) of the base rate. This warranty shall be effective from the Date hereby mentioned.
The Keakr name, the Keakr logo, and all related trademarks, names, logos, product and service names, designs, and slogans are trademarks of Keakr or its affiliates or licensors. You must not use such marks without the prior written permission of Keakr. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
Any reproduction, circulation, distribution, adaptation or commercialization of the elements referred to in this article by the User, not in compliance with the above provisions, will constitute an infringement, within the meaning of the provisions of Article L.335-3 of the French Intellectual Property Code.
As an exception to the above, the copy and private circulation of said elements is authorized, provided that they are strictly reserved for the private use of the User and not intended for collective use, and for non-commercial purposes.
Without prejudice to the other obligations provided for herein, the User agrees to the following obligations:
The User agrees, in his or her use of the Services, to comply with the laws and regulations in force and not to infringe the rights of third parties or violate public policy. In general, the User agrees to report to Keakr any improper use or any failure of the Services or the Website that he has found and via the “report abuse” button or via email to the address email@example.com;
The User acknowledges that he or she has read the rules and restrictions, including technical, of all Services as indicated on the Website and the Platform.
Except for Services provided through Marketplace if need be, the User agrees to only make personal use of the Services. The User is prohibited from assigning, granting or transferring all or part of his or her rights or obligations hereunder to any third party in any way whatsoever.
The User is solely responsible for the Compositions, Phonorecord(s), New Phonorecord(s), Studio Works, Audivisual Works, or Content, and Comments of any kind (editorial, graphic, audio, audiovisual or other) that he or she disseminates via his or her Profile.
The User represents and warrants to Keakr that he or she has all the rights and authorizations necessary for the distribution of his Compositions, Phonorecord(s), New Phonorecord(s), Studio Works, Content and Comments.
The User represents and warrants that said Compositions, Phonorecord(s), New Phonorecord(s), Studio Works, Audivisual Works, Content and Comments are lawful, do not infringe public policy, morality or the rights of third parties, do not violate any legislative or regulatory provisions, will not damage the image of the Website and the Platform, the Services or Keakr or trigger the civil or criminal liability of Keakr.
The User shall refrain from broadcasting, in particular and without limitations, Content that is:
In general, the User is invited to exercise good judgment and caution with regard to the Content, Phonorecord(s), New Phonorecord(s) that he or she publishes and undertakes to take the utmost care in publish Content.
The Platform is an automated data processing system.
The User may not fraudulently access or remain in all or part of the Website or the Platform. He or she shall refrain from using an access method other than the interface made available by Keakr. In case of discovery of such a method or if the User enters a reserved area without right or inadvertently, he or she agrees to inform Keakr immediately by email to firstname.lastname@example.org so that Keakr can take any necessary measures.
The User is prohibited from deleting or modifying data contained on the Website or Platform that has not been published by that User, or from fraudulently introducing data or even altering the functioning of the site. He or she shall refrain from introducing viruses, malicious code or any other harmful technology to the site or the services which are proposed there.
Any access to a prohibited area will be considered fraudulent access within the meaning of the Penal Code.
The User agrees that all the data that he or she becomes aware of during such access to an unauthorized space is confidential data and agrees, therefore, not to disclose it.
The User is prohibited from carrying out any operation aimed at saturating a page, rebounding operations or any operation that has the effect of hindering or distorting the functionality of the Website or the Platform.
The User agrees not to use devices or software of any kind that would disrupt the proper functioning of the Website or the Platform.
The User agrees not to take any action that imposes a disproportionate burden on the infrastructure of the Website or the Platform.
The User accepts the characteristics and limits of the Internet. He or she is aware that data circulating on the Internet is not necessarily protected, especially against possible diversions of traffic.
The User shall take all appropriate measures to ensure his or her own security, including the management of his or her identifiers and passwords that he or she keeps confidential and to protect his or her own data and/or software from contamination by possible viruses on the Internet network.
The User agrees, in case of discovery of security vulnerabilities, to inform Keakr via an email to email@example.com.
Finally, it is the User’s responsibility to save any data or Content provided in connection with, or generated by means of, the use of the Services and Keakr has no responsibility for saving or storing any User data or Content.
Keakr is a web hosting provider, within the meaning of French law for trust in the digital economy n°2004-575 of 21-6-2004, of Content published by Users.
As such, Keakr does not provide any moderation or prior control of the Content of the Compositions, Phonorecord(s), New Phonorecord(s), Studio Works and Content before they are made available in the or Livestream broadcasted on the Platform, except those required by law.
Keakr merely checks the technical characteristics of the Compositions and the Phonoreccord before they are made available in the Library (duration, quality of the recording), which cannot be likened to prior validation of the Content of the Compositions.
THUS, IN ACCORDANCE WITH THE LEGISLATION IN FORCE, KEAKR CANNOT BE HELD LIABLE FOR THE ACTIVITIES, CONTENT OR INFORMATION STORED AT USERS' REQUEST, OR LIVESTREAM BROADCASTED BY USERS, EXCEPT IN THE EVENT THAT KEAKR HAS BEEN DULY NOTIFIED OF THE EXISTENCE OF ANY UNLAWFUL CONTENT IN ACCORDANCE WITH ARTICLE 21 AND THAT IT DID NOT ACT PROMPTLY TO REMOVE IT.
USERS ACKNOWLEDGE AND AGREE THAT THE CONTENT AND THE PHONORECORDS THEY PUBLISH OR BROADCAST MAY BE SUBJECT TO A REPORT BY OTHER USERS AND A POSTERIORI CONTROL BY KEAKR, ON THE BASIS OF OBJECTIVE CRITERIA OF APPRECIATION.
Keakr is required to remove any unlawful content communicated and/or stored via the Services as soon as it becomes aware of it, to transfer any complaint concerning a User and, at the request of judicial or administrative authority, to disclose information in its possession to identify a User.
In accordance with regulations, Keakr makes available to Users and Visitors a device for reporting content protected by intellectual property rights or hateful content relating to:
The reporting form is available by clicking on the “report abuse” link located and accessible from each video.
It is also possible to notify abusive content by detailed mail to the address mentioned in Article 1, specifying the date on which you found this content, your identity, the URL address of the disputed content, its description and the identifier of its author.
Within the limits of its capabilities and the means at its disposal, Keakr puts in place a reliable, complete and accurate control of the Content but cannot be liable for all Content.
In accordance with applicable law, any person who reports a Content or activity as being unlawful for the purpose of withdrawing it or ceasing its dissemination, while knowing that this information is inaccurate, is punishable by one-year imprisonment and a 15,000 euros fine.
Keakr agrees to use its best efforts to provide the Services diligently and according to the practices of the industry.
THE USER ACKNOWLEDGES AND AGREES THAT THE SERVICES ARE PROVIDED AS IS AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.
TO THE EXTENT THAT KEAKR HAS IMPLEMENTED THE NECESSARY AND USEFUL MEANS AVAILABLE TO FULFILL ITS OBLIGATION, IT CANNOT BE HELD LIABLE FOR:
KEAKR SHALL NOT BE LIABLE TO THE USER FOR THE PAYMENT OF ANY DAMAGES OF ANY KIND WHATSOEVER, DIRECT OR INDIRECT, MATERIAL, FINANCIAL OR MORAL, BECAUSE OF THE USE HE MAKES OF THE SERVICES AND THE PLATFORM.
THE USER ACKNOWLEDGES AND AGREES THAT THE PLATFORM ALLOWS ANY PERSON TO SHARE COMPOSITIONS, STUDIO WORKS, AUDIOVISUAL WORKS AND CONTENT, AND POST COMMENTS IN RESPONSE TO THE CONTENTS OF THE WEBSITE. KEAKR CANNOT BE HELD LIABLE FOR THESE BECAUSE IT MERELY HOSTS COMPOSITIONS, STUDIO WORKS, AUDIOVISUAL WORKS, CONTENT AND COMMENTS WHOSE AUTHORS ARE THIRD PARTIES, AND ANY CLAIM SHOULD BE DIRECTED IN THE FIRST PLACE AGAINST THE AUTHOR OF THE COMPOSITIONS, STUDIO WORKS, AUDIOVISUAL WORKS, CONTENT OR CONCERNING COMMENTS.
THE USER AGREES NOT TO SEEK LEGAL ACTION OF ANY KIND AGAINST KEAKR’S BASED UPON OR RELATED TO THESE COMPOSITIONS, PHONORECORDS, NEW PHONORECORDS, STUDIO WORKS, AUDIOVISUAL WORKS, CONTENT AND COMMENTS AND UNDERTAKES TO DIRECT ANY CLAIM, SHOULD SUCH COMPOSITIONS, WORKS STUDIO, AUDIOVISUAL WORKS, CONTENT AND COMMENTS CAUSE HIM OR HER HARM, DIRECTLY TO THE AUTHOR OF THE COMPOSITIONS, PHONORECORDS, NEW PHONORECORDS, STUDIO WORKS, CONTENT AND CONCERNED COMMENTS.
Keakr, however, makes available to the User a reporting form under the conditions defined above in Article 21. However, this notification procedure is not an acknowledgment by Keakr of any obligation to act, but only as Keakr's compliance with Article 6-I-7 of Law No. 2004-575 of 21 June 2004 (Law for the Trust in the Digital Economy).
In accordance with the law of 6 January 1978 relating to computer, data and privacy, the User is informed that Keakr, as the entity responsible for the data processing, implements a personal data processing process the main purposes of which is:
Some information, statements, data and content that the User decides to provide or publish on the Website may reveal a certain sensitivity (gender, nationality, origins, opinions, etc.). These are in no case requested by Keakr. In fact, Keakr condemns them.
The User acknowledges that he or she provides and/or publishes information voluntarily and with full knowledge of the facts.
The data is intended for Keakr's authorized Services and its potential suppliers or to any third parties with whom Keakr may have commercial or contractual relationships. Depending on the level of visibility chosen by the User and the Services used, the data can also be viewed by the Internet users visiting the Website as well as by other users.
Please note that any information you provide will be transferred to the USA or European Union and by using the Services, Platform, Website or providing us your personal information, you authorize this transfer.
In accordance with the provisions of the law of 6 January 1978, the User has a right to request, access and delete data concerning him or her, as well as a right to object for legitimate reasons to his or her personal data being subject to processing and a right to object to solicitation and/or use of his or her personal data for commercial purposes.
The User may exercise these rights by e-mail with a copy of a signed identity document sent to the following address: firstname.lastname@example.org.
To comply with the legal obligations relating to the preservation and the communication of the data making it possible to identify any person having contributed to the creation of a content put online, Keakr can save certain information of identification and traceability of the operations carried out on the Website and Platform and a copy of some of the content posted by Users even when deleted from the Account by Users, for a period of one year from the event causing the obligation to save, in accordance with Decree No. 2011-219 of 25 February 2011 (Decree regarding the conservation and communication of data allowing to identify any person who contributed to the creation of online content). However, this data will no longer be available online.
To facilitate interaction between Users, the services offered on the Website and the Platform allow access to certain information about other users. In this regard, the User agrees to comply with the provisions of Law 78-17 relating to computers, data and privacy, the breach of which may trigger criminal penalties.
In particular, regarding personal data to which the User may have access, the User shall refrain from any collection or misuse of personal data and from any act which may harm the privacy and data of other Users. It is strictly forbidden to use this personal data for purposes of soliciting other users.
The User is informed that he can register for free on the list of opposition for canvassing accessible via blocktel.gouv.fr so as not to be solicited by a professional with whom he or she has no prior contractual relationship in progress, in accordance with the law n°2014-344 of March 17, 2014.
The User acknowledges and agrees that Keakr may associate with the broadcast of its Studio Works, under the conditions detailed above in the article “Intellectual Property”, all advertising or promotional messages in a form and under the conditions decided at Keakr’s discretion, free of charge or for a fee.
Website and Services use YouTube API Services.
In addition to the Keakr normal procedure for deleting stored data, users can revoke the Keakr access to their data via the Google security settings page at https://security.google.com/settings/security/permissions.
While using Marketplace Services, the User acknowledges and agrees to be bound by the YouTube Terms of Services.
The User acknowledges and accepts that Keakr cannot be held in any way responsible for the technical availability of websites or mobile applications operated by third parties to which the User can access via the Platform. Keakr assumes no liability for the content, advertising, products and/or services available on such third-party websites or mobile applications.
Keakr cannot be held responsible for any transactions that occur between a User and any advertiser, professional or merchant, to which he or she was directed via the Platform and cannot, in any case, be a party to any disputes that may arise with said third parties, including the delivery of products and/or services, guarantees, declarations and any other obligations provided by them.
The User may use applications requesting his or her authorization to access the Content, Compositions, the Phonorecords, the New Phonorecords or Studio Works made available on his or her Profile. The User is informed that Keakr asks that applications respect the confidentiality of the User's data. Nevertheless, the User acknowledges and accepts that it alone determines the extent to which said applications have the possibility to use its Content and Studio Works. Keakr cannot be held liable for the use of the Content and Studio Works by a third-party application.
The User is informed that KEAKR implements cookies.
Cookies are small data files that are used for storing data relating to the browsing of the User of the Site.
Some cookies may be necessary for the use of the Site (e.g.: email identifier that, along with your password, enable you to access your dedicated personal account that includes the related data stored by you), while other enable the optimization of the content, in order to facilitate your browsing and provide a better User experience (e.g. analytic cookies enable us to better understand the use of KEAKR, to analyze its audience, to draws up statistics and reports.
In addition, in connection with the use of KEAKR, cookies may be installed by third parties when you use links to share content with social networks, such as Facebook, Twitter and other similar social networks.
Such parameters are usually found in the "tools" or "parameters" tabs. It is not possible to provide detailed and up-to-date information on these parameterization elements, which are under the sole control and authority of the navigation software editors.
For information purposes, users may have additional information at their disposal:
· from the publishers of their navigation software on their website;
· more generally, on the website of the CNIL (French data protection authority) at https://www.cnil.fr/fr/cookies-les-outils-pour-les-maitriser or the competent data protection authority using the keyword "cookies" in search engines.
The user is informed that such a deactivation may prevent the use of some features of KEAKR.
The User has the right to access, remove and modify personal data communicated by means of cookies.
to close the User's Account; all Content related to that User will then be deleted from the Website by Keakr, subject to the data that may be retained in accordance with Article 12.3;
to delete the Content without delay, to remove access to the Content, or to prohibit the User from accessing all or part of the Website and the Platform.
This can be done without prejudicing any damages or remedies that Keakr can seek.
These consequences may also result if:
the User does not respond to Keakr's authentication requests; or
the actions of the User are considered by Keakr as likely to trigger the responsibility of the latter or other Users.
The Parties agree to perform their obligations with total good faith.
The Parties declare that these commitments are sincere.
As such, they agree that they have no information to their knowledge which, if communicated, would have changed the consent of the other Party.
Keakr cannot be held liable to the User if the performance of its obligations is delayed, restricted or made impossible by the occurrence of an event of force majeure. The events usually accepted by French case law and courts are considered to be cases of force majeure.
In case of interpretation difficulties resulting from a contradiction between any of the titles appearing at the head of the clauses and any of the clauses, the titles will be deemed unwritten.
The Parties mutually agree that the fact that one of the Parties tolerates a situation does not have the effect of granting acquired rights to the other party. Moreover, such tolerance cannot be interpreted as a waiver of rights.
Keakr respects the intellectual property rights of others and we ask that Users of the Services, Platform or Website do the same.
If you believe that your intellectual property is being used on the Services, Platform or Website in a way that constitutes copyright infringement, please provide our designated agent (set forth below) the following information (as required by Section 512(c)(3) of the Digital Millennium Copyright Act):
5 Passage Bullourde 75011
Please note that Section 512(f) of the Digital Millennium Copyright Act may impose liability for damages on any person who knowingly sends meritless notices of infringement. Please do not make false claims.
Any information or correspondence that you provide to us may be shared with third parties, including the person who provided us with the allegedly infringing material.
Upon receipt of a bona fide infringement notification by the designated agent, it is our policy to remove or disable access to the infringing material, notify the user who posted the material that Keakr has removed or disabled access to the material, and, for repeat offenders, to terminate such user’s access to the service.
If you believe that your content should not have been removed for alleged copyright infringement, you may send our designated agent a written counter-notice with the following information:
IN CASE OF DISPUTE, THE TRIBUNAL OF COMMERCE OF PARIS SHALL HAVE EXCLUSIVE JURISDICTION, NOTWITHSTANDING PLURALITY OF DEFENDERS OR THIRD PARTIES BEING BROUGHT TO THE PROCEEDINGS.
LATEST AMENDMENTS: December 15th, 2020
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