1.1 You may use the Service only if you can legally form a binding contract with Clair Music, and only in compliance with these Terms and all applicable laws. When you create your Clair Music account, you must provide us with accurate and complete information. Any use or access by anyone under the age of 13 is not allowed. If you’re based in the EEA, you may only use Clair Music if you are over the age at which you can provide consent to data processing under the laws of your country or if verifiable parental consent for your use of Clair Music has been provided to us. Using Clair Music may include downloading software to your computer, phone, tablet, or other device. You agree that we may automatically update that software, and these Terms will apply to any updates.
1.2 Subject to certain limitations as described herein, you are granted the right to access text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") under certain terms and conditions as set forth in this Agreement. In order to use the Service, you must obtain access to the Internet and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the Internet and to be able to access the digital Content files. Download and use of software content may be subject to an additional license agreement.
1.3 Clair Music is made available to the USER as is and may be subject to changes, particularly in its Features. The Features described below are subject to our obligation of means. The USER uses the functionalities according to his needs and under his sole responsibility.
1.4 Import of content at the initiative of users. The USER may import content (scores, texts, photos, audio, video...) to in the formats accepted on Clair Music in order to integrate this content into its Clair Music library for its own use and under the conditions of legal use of this content. It is prohibited to import to Clair Music illegal content and content that is copyright protected. The USER is the sole master of what he imports under his responsibility. In the event of a complaint due to illegal content, we may suspend access to the Clair Music account.
1.5 The USER can also share content with other users as part of creative joint projects, in real life, with, for example, sharing annotations on a score.
1.6 Import of user content from the Clair Music API. When importing files from the Clair Music API, this content will be stored in the USER's account. The USER may import content from the platforms of PUBLISHERS via the Clair Music API, for his own use and under the conditions of legal exploitation of this content agreed with the PUBLISHER. The PUBLISHER may then decide to apply certain technical restrictions. Clair Music allows the PUBLISHER to manage the restrictions as they may be defined in the contract between the PUBLISHER and the USER:
Expiration date: On the expiration date of the USER's rights to the PUBLISHER's content, the USER will no longer have access to the PUBLISHER's content as distributed by the PUBLISHER The USER shall have access to a Degraded Version, which he may use only to consult the annotations previously made by him. If the USER renews the contract with the PUBLISHER for the same content, all annotations and modifications made to the content will be fully recovered and accessible.
1.7 Number of licenses: The number of licenses granted by the PUBLISHER on the PUBLISHER's content corresponds to the number of users who will have access to it. Printing: The PUBLISHER may permit or deny printing of the PUBLISHER's content by the USER. The PUBLISHER undertakes to place on Clair Music only the restrictions set out in the contract between the PUBLISHER and the USER.
The content of the Clair Music API is accessible to users or other third parties to whom the USER decides to give access, while respecting the restrictions of the PUBLISHER.
1.8 YouTube API
1.9 Account viewing
The USER authorizes Clair Music to view his account for the sole purpose of maintenance or technical support troubleshooting for the benefit of the USER.
You agree to provide true, accurate, current and complete information about yourself as prompted by the Service registration process (such information being the "Registration Data"). You further agree that, in providing such Registration Data, you will not knowingly omit or misrepresent any material facts or information and that you will promptly enter corrected or updated Registration Data via the Service, or otherwise advise us promptly in writing of any such changes or updates. You further consent and authorize us to verify your Registration Data as required for your use of and access to the Service, as applicable. If you are already registered for the Service, you shall utilize your existing user ID and password in connection with your account (collectively referred to herein as "IDs"). If you are not already registered, you shall establish IDs. You agree that you will not allow another person to use your IDs to access and use the Service under any circumstances. You are solely and entirely responsible for maintaining the confidentiality of your IDs and for any charges, damages, liabilities or losses incurred or suffered as a result of your failure to do so. We are not liable for any harm caused by or related to the theft of your IDs, your disclosure of your IDs, or your authorization to allow another person to access and use the Service using your IDs. Furthermore, you are solely and entirely responsible for any and all activities that occur under your account including any charges incurred relating to the Service. You agree to immediately notify us of any unauthorized use of your account or any other breach of security known to you. You acknowledge that the complete privacy of your data and messages transmitted while using the Service cannot be guaranteed. A person who completes the registration process for the Service is sometimes referred to herein as a "Registered User".
3.1 You may not use the Service to upload, distribute, transmit, communicate, link to, publish or access any data, information or material through, using or otherwise in connection with the Service, that: (a) is libelous, defamatory, vulgar or obscene, pornographic, sexually offensive or explicit, harmful or harassing, threatening, hateful, racially, culturally, ethnically or otherwise objectionable or offensive, discriminatory or abusive; (b) violates any law or regulation or the rights of others; (c) causes duress, distress or discomfort to another or is likely to deter or discourage others from using the Service; and/or (d) infringes any intellectual property, proprietary rights or confidentiality obligations of others.
3.2 You may not use the Service to: (a) attempt to or actually disrupt, impair or interfere with, alter or modify the Service or any information, data or materials posted and/or displayed by us or anyone else; (b) act in a way that affects or reflects negatively on us, the Service, or anyone else; and/or (c) collect or attempt to collect any information from others including, without limitation, personally identifiable information, without such party's prior consent. You agree to comply with all local, state, federal laws, statutes, rules and regulations, as well as any international treaties, which are applicable to your use of the Service.
3.3 You are prohibited from violating or attempting to violate the security of the Service, including, without limitation: (a) accessing data not intended for you or logging onto a processor, communications or access device or account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of the Service or to breach security or authentication measures, regardless of your motives or intent; (c) attempting to interfere with or disrupt the Service or service to any user, processor, host or network, including, without limitation, by submitting a virus, worm or Trojan horse; or (d) sending unsolicited e-mail or other information, including promotions or advertising. Violations of system or network security or this Agreement may result in civil or criminal liability. We have the right to investigate occurrences, which may involve such violations and we may involve, provide information to and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
3.4 Import of content belonging to customer
The Customer may import Content to in the formats accepted on Clair Music in order to integrate this Content into its personal library for its own use and under the conditions of legal use of this Content. It is prohibited to import to the Service library illegal content and content that is copyright protected. The Customer is the sole master of what he imports under his responsibility. In the event of a complaint due to illegal content, Clair Music may suspend access to the Clair Music accounts upon prior notice. The suspension shall take place within thirty days of notification.
3.5 Import of content from the Clair Music api
While importing files coming from the Clair Music API, this Content will be stored in the Customer’s account. The Publisher may then decide to apply certain technical restrictions. Clair Music allows the Publisher to manage restrictions as they might be set out in the contract between the Publisher and the Customer:
Expiration date: On the date of expiration of the Customer's rights to the Publisher’s content, he will no longer have access to the Publisher’s content as distributed by the Publisher. The Customer will have access to a Degraded Version, which he can only use to find annotations previously made by him. If the Customer renews the contract made with the Publisher for the same content, all the annotations and edits made on the content will be fully retrieved and accessible.
3.6 Number of licenses: The number of licenses granted by the Publisher over the Publisher’s content corresponds to the number of Users who will have access to it;
3.7 Printing: The Publisher can authorize or deny printing of the Publisher’s content by the Customer and Users;
3.8 The Publisher undertakes to set on the Service only those restrictions set out in the contract between the Publisher and the Customer.
3.9 Content from the Clair Music API can be accessed by the Customer and the Users or other third parties to whom Customer decides to gives access to, while respecting the Publisher’s restrictions.
3.10 YouTube API
4.1 In some cases, Clair Music derives its rights to use the Content offered on the Service from third party content owners ("Content Providers") for fixed periods of time. As well, Clair Music is sometimes required to remove certain Content off the Service for legal reasons. Therefore, certain Content offered or advertised by Clair Music may not be available when you try to access it, and not all Content is available in all countries or territories.
4.2 By using the Service, you acknowledge and agree that you have no right to provide any files obtained through the Service to any other party or through any other means. You agree that you will not duplicate or otherwise reproduce the Content, or any portion thereof, onto any physical medium, memory or device now known or hereinafter devised. In addition, you agree that you will not attempt to, or encourage or assist any other person to, circumvent or modify any Content protection methods.
4.3 Except as expressly stated in Section 5 (“User Generated Content”), the Content available through the Service is the property of Clair Music or its Content Providers and is protected by copyright and other intellectual property laws. Content received through the Service may be accessed for your personal, non-commercial use only. Without limiting the foregoing, this means that you may not use the Content for classroom purposes, except when permitted by our Content Providers.
4.4 You acknowledge that Clair Music retains exclusive ownership of the Service and all intellectual property rights associated therewith, subject to the terms of the GNU Public License. The Service contains proprietary and confidential information that is protected by copyright laws and international treaty provisions. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets or trademarks with respect to the Service or the Content, and Clair Music reserves all rights not expressly granted hereunder. You may not copy, reproduce, transfer or access (except as expressly authorized by this Agreement), re-license, reverse engineer, decompile, disassemble, translate, publish, transmit, distribute, display, broadcast, re-broadcast, redistribute, modify, create derivative works from, capture or store in any physical media, market, rent, sell, lease, sublicense, or participate in any sale of or exploit in any way, in whole or in part, directly or indirectly, the Service or any related software, except as expressly provided for in the GNU Public license. You shall promptly notify Clair Music in writing upon your discovery of any unauthorized use or infringement of the Service or the Content or Clair Music's patent, copyright, trade secret, trademarks or other intellectual property rights. Except as expressly provided for herein, any copy or use of any portion of the Service shall constitute an act of copyright infringement and a breach of this Agreement. Furthermore, Clair Music may in its sole discretion pursue any other available rights or remedies at law or in equity for a violation of this Agreement or such copyright infringement.
4.5 We respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent the following information:
Our Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
Clair Music LTD
Works House 6017
45 Brunswick Place
London, N1 6DX
Phone: 07908.885933, ext +44
4.6 Please note that any Content made available on or through the Service which contains or displays the YouTube logo or which is provided via the YouTube player is hosted on YouTube's servers, and Clair Music thus does not have the ability to permanently remove all or any such content from YouTube's servers. Therefore, if you have a complaint concerning any video content made available on the Service that is provided by YouTube, you should contact YouTube directly in accordance with copyright policies at: http://www.youtube.com/t/terms. If you believe that your work is available on the Website via the YouTube player in a way that constitutes copyright infringement, please: (i) contact YouTube directly in accordance with copyright policies at:http://www.youtube.com/t/terms and (i) contact Clair Music by sending us a notice in accordance with the provisions of this Section 4.
4.7 The Clair Music logos and other trademarks on the site are the property of their respective owners and are owned by, licensed to, or, where required, used with permission by Clair Music and may not be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner.
5.1 The Service may, but is not obligated to, offer interactive features that allow Registered Users to, among other things, submit or post Content ("User Generated Content") or links to third party Content on areas of the Service accessible and viewable by other users of the Service and the public. If you are a Registered User, you represent and agree that any use by you of such features, including any User Generated Content or links submitted or posted by you, shall be your sole responsibility, shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable or in poor taste, and that you have obtained all necessary rights, licenses or clearances. Registered Users also further agree to provide accurate and complete information in connection with your submission or posting of any User Generated Content on the Service. "User Generated Content" includes, without limitation, Notation, reviews, videos, photos, articles, audio files, sheet music, applications and any other content whether copyrightable or not. "Notation" means a system of notation using letters, symbols, or other visual cues to indicate how a musical work is to be played.
5.2 Clair Music does not claim any ownership rights in User Generated Content that you transmit, submit, display or publish ("post") on, through or in connection with the Service. After posting your User Generated Content on, through or in connection with the Service, you continue to retain any such rights that you may have in your User Generated Content, subject to the limited license herein. By posting any User Generated Content on, through or in connection with the Service, you hereby grant to Clair Music a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such User Generated Content solely on, through or in connection with the Service, including, without limitation, through the Service to applications, widgets, websites or mobile, desktop, including, without limitation, distributing part or all of the Service and any User Generated Content included therein, in any media formats and through any media channels, including without limitation, third party social media and streaming platforms, and shall constitute a waiver of any rights, ''moral rights,'' or any similar rights under any jurisdiction. Except as expressly provided for herein, this limited license does not grant Clair Music the right to sell or otherwise distribute your User Generated Content outside of the Service.
5.3 The license you grant to Clair Music is non-exclusive (meaning you are free to license your User Generated Content to anyone else in addition to Clair Music), fully-paid and royalty-free (meaning that Clair Music is not required to pay you or anyone else deriving rights from you for the use on the Service of the User Generated Content that you post), sublicensable (so that Clair Music is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the Services), perpetual (meaning that no termination of this Agreement will affect the license granted by you), and worldwide (because the Internet and the Services are global in reach).
5.4 Clair Music reserves the right not to post or publish any User Generated Content, and to delete, remove or edit any User Generated Content, at any time in its sole discretion without notice or liability. Without limiting the foregoing, User Generated Content which is not playable, downloadable and/or displayable in mobile apps, or which is posted primarily for the purpose of promoting another website or service, may be removed in Clair Music’s sole discretion and without notice or liability.
5.5 Clair Music has the right, but not the obligation, to monitor any information and User Generated Content submitted or posted by you or otherwise available on the Service, to investigate any reported or apparent violation of this Agreement, and to take any action that Clair Music in its sole discretion deems appropriate.
5.6 Rights Granted to Registered Users:
(a) Notation Rights. Subject to any third party restrictions, Clair Music grants to Registered Users a nonexclusive right and license, solely on or through Service, to (i) create Notation based upon the compositions that we have licensed from third party publishers and writers (the "Licensed Compositions"); and (ii) reproduce, distribute and display the Notation (or any portion thereof) on or through the Service.
(b) Demonstration Rights. Subject to any third party restrictions, Clair Music grants to Registered Users a nonexclusive right and license, solely on or through the Service, to (i) record the Licensed Compositions as audio files, (ii) record the Licensed Compositions in synchronization with visual images representing Notation; and (iii) perform publicly the Licensed Compositions and any reproductions in conjunction with Notation (collectively the "Demonstration Rights").
(c) The Notation Rights and the Demonstration Rights as provided hereunder are collectively referred to hereunder as the "Rights Granted." For purposes of clarification and the avoidance of doubt, the Rights Granted are only granted to Registered Users of the Service and not to any other users of or visitors to the Service.
(d) Ownership and Reservation of Rights. Except for the Rights Granted hereunder, and subject to any third party restrictions, the respective Content Providers retain all right, title and interest in and to the Licensed Compositions and nothing in this Agreement shall (or shall be construed to) restrict, impair, transfer, license, convey or otherwise alter or deprive the respective Content Providers of any of their rights or proprietary interests in any intellectual property, content, data, information or any other materials or rights, tangible or intangible.
YOU EXPRESSLY AGREE THAT USE OF AND ACCESS TO THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND AN "AS AVAILABLE" BASIS. WE DO NOT MAKE, AND HEREBY DISCLAIM, ANY REPRESENTATIONS OR WARRANTIES REGARDING THE SERVICE, THE Clair Music SITE AND THE PRODUCTS AND SERVICES OFFERED THROUGH THE SERVICE OR ANY PORTION THEREOF, EXPRESS, IMPLIED OR STATUTORY, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT OF THIRD PARTY RIGHTS. OR ANY WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY MATERIAL, CONTENT, PRODUCTS OR SERVICES DISPLAYED ON OR OFFERED THROUGH THE SERVICE ARE ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICE WILL MEET YOUR REQUIREMENTS AND/OR YOUR ACCESS TO AND USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS, OR OTHERWISE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, Clair Music SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL Clair Music'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).
If we cause damage to you and you're a consumer in the EEA, the above doesn’t apply. Instead, Clair Music’s liability will be limited to foreseeable damages arising due to a breach of material contractual obligations typical for this type of contract. Clair Music isn’t liable for damages that result from a non-material breach of any other applicable duty of care. This limitation of liability won’t apply to any statutory liability that cannot be limited, to liability for death or personal injury caused by our negligence or willful misconduct, or if and to exclude our responsibility for something we have specifically promised to you.
You agree to defend, indemnify and hold us harmless against any losses, expenses, costs or damages (including our reasonable attorneys' fees, expert fees' and other reasonable costs of litigation or proceedings) arising from, incurred as a result of, or in any manner related to any claim or action based upon (a) your breach of, or failure to comply with, the terms and conditions of this Agreement, (b) your use of the Service, and/or (c) the use of the Service by any other person using your IDs. We may, in our discretion, participate in the defense of any such claim or action and any negotiations for its settlement or compromise. No settlement which may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right, at our own expense and on notice to you, to assume exclusive defense and control of any such claim or action and then your corresponding indemnification obligation will end.
The Service is created, operated and controlled by Clair Music in the country of the United Kingdom. The laws of the United Kingdom will govern this Agreement without giving effect to any principles or conflicts of laws.
You understand that by using the Service, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language. Nevertheless, you agree to use the Service at your sole risk and that Clair Music shall have no liability to you for content that may be found to be offensive, indecent, or objectionable. Content descriptions are provided for convenience, and you acknowledge and agree that Clair Music does not guarantee their accuracy. If you're a consumer in the EEA, we don’t exclude or limit any liability for gross negligence, intent, or death or personal injury caused by our negligence or willful misconduct.
Any website that links to the Service or on which you include the Clair Music widget: (a) must not frame, surround, obfuscate or create a browser or border environment around any of the Content of the Service; (b) may link to, but not replicate, the Content of the Service; (c) must not imply that Clair Music or the Service are endorsing or sponsoring it or its products, unless Clair Music has given its prior written consent; (d) must not present false information about Clair Music or its products or services; (e) must not use the Service or trademarks except as expressly permitted in this Agreement or without Clair Music's prior written permission; (f) must not contain content that is illegal, obscene or defamatory, or that could be construed as distasteful, offensive or controversial; and (g) must not support, endorse or encourage piracy or the unauthorized exploitation of intellectual property rights. Notwithstanding anything to the contrary contained in this Agreement, Clair Music reserves the right to deny permission to link to the Service for any reason in our sole and absolute discretion. Any Clair Music widget is not provided for commercial use, distribution or exploitation. If you are the operator of a commercial website and would like to link to the Service or include the Clair Music widget in your website, please contact us by emailing email@example.com. Clair Music reserves the right to remove links or block the Clair Music widget at any time and for any reason in its absolute discretion.
17.1 You shall not use the Service in any manner contrary to local, state or federal law. Clair Music expressly disclaims any and all responsibility or liability for any action by you that is contrary to such law(s) by you and reserves the right to terminate your Service immediately upon notice of your failure to comply with any such local, state or federal law.
15.2 Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by us with respect to such use.
15.3 No failure or delay in enforcing any provision, exercising any option or requiring performance, shall be construed to be a waiver of that or any other right in connection with this Agreement.
15.4 These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Clair Music without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. If you’re a consumer in the EEA, Clair Music may assign this agreement, and any rights and licenses granted under it, to a third party. In case of such an assignment, you are entitled to terminate the agreement with immediate effect by deactivating your account. Clair Music will provide you with reasonable notice of any such assignment.
15.6 Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of this Agreement.
15.7 A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
We may change, suspend, or discontinue the Service, or any part of the Service, at any time without notice. We reserve the right to add, delete, change or modify parts of these Terms at our sole discretion and at any time without notice or liability to you. If we do this, we will post the changes to the Terms of Service on this page and will indicate the effective date of these Terms at the bottom of the page. It is important for you to refer to this Agreement from time to time to make sure that you are aware of any additions, revisions, or modifications that we may have made to this Agreement. Your continued use of the Service constitutes your acceptance of the new Terms.
19.1.1 Limitation of liability
It is expressly agreed between the Parties that we are subject to a general obligation of means and that it is not bound by any obligation of result or enhanced means of any kind. We undertake to do everything in its power to ensure continuity of access and use of NEWZIK, 7 days a week and 24 hours a day.
19.1.2 We shall not be held liable in case of damage caused in the following cases: (1) total or partial temporary unavailability of access to NEWZIK due to technical maintenance operations or software updates; (2) in the event of virus attacks; (3) if the USER or a third party use NEWZIK in an unlawful or abnormal way; (4) if the USER provides incomplete or erroneous information; or (5) in the case of a foreign event for which NEWZIK cannot be held responsible.
19.1.3 We draw your attention to the fact that current Internet communication protocols make it impossible to continuously and securely ensure the transmission of electronic signals. We shall not be held responsible in the event of data loss, intrusions, viruses, breakdown of service or other problems not imputable to us.
19.1.3 Under no circumstances may our liability be sought, regardless of the type of action brought, for indirect damage of any kind, for example, and without the list being exhaustive, any financial or commercial loss, loss of profit, commercial disruption, damage to a third party, or action brought by a third party against the USER and their consequences, related to the present T&C or their execution. The USER is solely responsible for any damage, direct or indirect, material or immaterial, caused by himself to us or to third parties as a result of his use of Clair Music.
19.1.3 It is expressly agreed between the Parties that the provisions of this clause shall continue to apply even in the event of a resolution of this clause by a court decision that has become final.
19.2.1 Web hosting provider status
19.2.2 The USER acknowledges our status as a web hosting provider, as defined under Article 6 I 2° of Law No. 2004-575 of June 21, 2004, regarding Confidence in the Digital Economy.
We shall not moderate, control nor proceed to any advance validation of content uploaded to NEWZIK.
It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Responses may include removing material claimed to be the subject of infringing activity on Clair Music and/or terminating a user's account. If we take such measures, we will make a good-faith attempt to contact the sender who transmitted the content so that he or she may make a counter notification pursuant to sections 512(g)(2) and (3) of the DMCA. It is our policy to document all notices of alleged infringement on which we act. As with all legal notices, a copy of the notice may be sent to one or more third parties who may make it available to the public.
If you are a copyright owner or an authorized agent thereof and believe that any user of Clair Music has infringed upon your copyrights, you may submit a notification pursuant to the DMCA by filing a notice of infringement with our Copyright Agent. To file a notice of infringement with our Copyright Agent, you must provide a written communication (by fax, regular mail or e-mail) that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing your copyrights. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney. To expedite our ability to process your request, please use the following format (including section numbers):
Identify in sufficient detail the copyrighted work that you believe has been infringed upon.
Identify the material that you claim is infringing the copyrighted work listed in item #1 above or which you claim is the subject of infringing activity. You must identify each separate item of infringing material.
Provide information reasonably sufficient to permit Clair Music to locate the material.
Provide information reasonably sufficient to permit Clair Music to contact you (email address, telephone number and a mailing address).
Provide information, if possible, sufficient to permit Clair Music to notify the user that allegedly sent infringing material (email address is preferred).
Include the following statement: "I have a good faith belief that use of the copyrighted materials in the manner complained of is not authorized by the copyright owner, its agent, or the law."
Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
Sign the paper.
Send the written communication to the following address:
Clair Music LTD
Works House 6017
45 Brunswick Place
London, N1 6DX
Phone: 07908.885933, ext +44
You hereby acknowledge that if you fail to comply with all the of the requirements set forth above, your DMCA notice may not be valid.
Pursuant to sections 512(g)(2) and (3) of the Act, the subscriber may make a counter notification. To file a counter notification with us, you must provide a written communication (by fax, regular mail or email) that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that the content is not infringing the copyrights of others. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney. A sample counter notification may be found at www.chillingeffects.org/dmca/counter512.pdf. To expedite our ability to process your counter notification, please use the following format (including section numbers):
Identify the name of the Clair Music content with respect to which Clair Music has blocked access.
Provide your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or New York, NY, USA if your address is outside of the United States), and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) of the DMCA or an agent of such person.
Include the following statement: "I swear, under penalty of perjury, that I have a good faith belief that transmission of each .Clair Music file identified above was blocked as a result of a mistake or misidentification of the material to be blocked."
Sign the paper.
Send the written communication to the following address:
Clair Music LTD
Works House 6017
45 Brunswick Place
London, N1 6DX
Phone: 07908.885933, ext +44
Last updated Sept 8, 2022