The website www.colorscorporation.com is published by Colors Corporation, SAS with a capital of 8,000 euros, registered with the RCS of Nanterre under the number 447 945 312, whose registered office is located in 39 rue de la Rochefoucauld in 92100 Boulogne Billancourt .
Publication Director: M. Sylvain CAVET
Contact E-mail: scavet@colorscorporation.com
Phone Number: 01 76 21 20 63
Intracommunity VAT number: FR 82 447945312
The site www.colorscorporation.com is hosted by AGS CLOUD, located 265, rue de la Garriguette 34130 Saint Aunes. Phone: 04.67.99.13.50
PREAMBLE
These General Conditions of Sale and Use (here after the “Terms”) govern any use of the services offered on the site of the company Colors Corporation accessible from the site www.colorscorporation.com (here after “the Site “).
The Site proposes to provide subscriptions of musical playlists for spaces of sale and places open to the public legally.
Any customer of the site acknowledges being legally able and declares and acknowledges having read and accepted without reserve the whole of the present CGVU.
ARTICLE 1: DEFINITIONS
“Subscription” means any subscription to an offer by Listen to Colors offered on the Site.
“Client”: means any person who has registered on the Site and who has ordered one or more Subscription (s).
“ColorsBox” means the equipment made available to the Customer to access subscriptions accessible via a “plug & play” player.
“Order”: means any order placed on the Site by a Customer.
“Customer Account” means the account created by a Customer on the Site prior to any Order.
“My Virtual Player”: means the virtual interface, accessible through the Client Account, allowing direct access to the musical themes of an Online Subscription subscribed by a Customer.
“In Ze Box” refers to the subscription mode via the ColorsBox physical interface, allowing direct access to the musical themes of a Subscription subscribed by a Customer.
“Service” means the making available to the Subscribing Customers of music programming through the Site and / or the ColorsBox.
ARTICLE 2: REGISTRATION ON THE SITE
In order to place an Order, all Customers must register and create a Client Account on the Site, completing all mandatory fields and validating these Terms.
A single Client Account is authorized by Customer. In the event of non-compliance with this provision, Colors Corporation reserves the right to remove Customer Accounts from the Customer concerned.
Each Customer warrants to Colors Corporation the accuracy and correctness of the information provided during the creation of its Customer Account and during the Order Process.
Consequently, Colors Corporation shall not be held liable for any inaccuracy or irrelevance of the Customer’s data and information.
In the event of any change or modification of this data and information, the Customer agrees to notify Colors Corporation as soon as possible.
In addition, any Client is solely responsible for his personal ID and password and undertakes not to disclose it.
In the event that a Client Account is used by an unauthorized third party, the Customer affected by such unlawful use agrees to notify Colors Corporation forthwith, which will use its best efforts to take appropriate action.
ARTICLE 3: PROCUREMENT PROCESS
Colors Corporation reserves the right to refuse any Order from an identified Customer with whom there is a dispute relating to an earlier Order.
Colors Corporation also reserves the right to refuse any Order for an abnormal amount of Subscriptions.
The steps to make an Order are:
1) Select one or more Subscription (s) on My Virtual Player or In Ze Box mode and create a shopping cart;
2) Summary, possible selection of another Subscription and / or deletion of the subscription (s) already packaged, validation of the basket;
3) Login or create a Client Account;
4) Summary of the Order containing the information relating to the essential characteristics of the Subscription (s);
5) Acceptance of CGVUs by a checkbox;
6) Payment of the Order with the details of accepted means of payment; validation of a monthly debit authorization for the credit card for the payment of the subscription fee (s);
7) Sending a confirmation e-mail containing the information provided during the order summary, payment information, and contact details of Colors Corporation (mailing address, contact email, phone number). This confirmation email also contains the CGVU accessible in a printable medium as well as the invoice. This confirmation email materializes the conclusion of the contract. The confirmation email will be sent immediately to the Customer after acceptance of the payment.
ARTICLE 4: FINANCIAL CONDITIONS
4.1. Prices and payment
The monthly prices of the Subscriptions posted on the Site are indicated in euros and are expressed exclusive of taxes.
Colors Corporation may at any time modify the prices of the Subscriptions it offers on its Site.
However, Subscriptions are always billed on the basis of the prices quoted by Colors Corporation in the order summary and confirmed in the order confirmation email.
The first month of Subscription is paid by the Customer when placing an Order by credit card only. Only the following means of payment are accepted:
– CB,
– Visa,
– Mastercard
At the time of payment by credit card, the Client is sent back to the website of the Société Générale bank via a secure https protocol.
The following monthly payments are taken from the Client’s bank account monthly via debit on his bank card. An invoice is created each month by Colors Corporation. The invoice is sent by e-mail to the Client and can be downloaded at any time on his Client Account.
Colors Corporation guarantees the reliability of the transactions, the customer’s bank data being encrypted as soon as they are entered.
Colors Corporation does not at any time hold bank details of the Clients, which are only kept by the Société Générale bank.
4.2. Restriction of Service in Case of Non-Payment
In the event of non-payment, Colors Corporation sends a reminder to the customer via email. In the absence of a regularized payment within fifteen days, Colors Corporation sends, by email, a notice to the Customer to regularize the payment within eight days.
In the absence of payment within this period, Colors Corporation may, without further notice, limit the Service to a restricted catalog of works free of rights until full payment of the unpaid monthly installments is made, the monthly payments of the Subscription concerned will remain due in full over the entire period of restriction of the Service.
ARTICLE 5: ACCESS TO SUBSCRIPTIONS
Article 5.1: Online access via the Virtual Player
Once the Order has been finalized in accordance with the process described in Article 3, the Customer will be able to immediately access the Virtual Player on the Site, via his Client Account, this access necessarily requiring a high-speed Internet connection.
To do this, the Client must connect to his Client Account with the username and password chosen when creating his Client Account.
The Client can then access the Virtual Player by going to the “My Player” section of his Client Account.
Access to the Virtual Player is limited to two Reading Devices (fixed IP) per Client Account.
The Customer agrees to subscribe a subscription per space that he wishes to sound (point of sale, restaurant etc …).
Article 5.2: Access via the Colorsbox
Once the order is finalized, Colors Corporation ships the ColorsBox within 48 hours and the connections required for its operation.
It is recalled that the ColorsBox must be connected to the modem of the Internet access provider of the Customer and to a public address system adapted to the surface and the characteristics of the place to be sounded, since these equipments are not included in the ‘Subscription.
The Customer will have access to the Service as soon as the ColorsBox has been connected to the modem of the Customer’s Internet access provider and to the public address system referred to in the preceding paragraph.
The rental fee of the ColorsBox is included in the price of the subscription.
In the event of breakage or breakdown of the ColorsBox for any reason whatsoever, Customer shall return it to Colors Corporation at its expense. Upon receipt of proof of dispatch of the ColorsBox, Colors Corporation will proceed at its expense upon shipment of a new ColorsBox.
In the event of theft of the ColorsBox, it is the Customer’s responsibility to solicit the sending, at his own expense, of a new ColorsBox from Colors Corporation, which will be invoiced for 180 euros excluding taxes, that the backed ColorsBox will be permanently disabled.
Upon termination of the Subscription for any cause, Customer shall have one month to return the ColorsBox at Colors Corporation’s expense. Failing receipt of the ColorsBox within this period, he will be charged a lump sum of 180 euros excluding taxes.
ARTICLE 6: EVOLUTION OF THE SITE AND THE SERVICE
Colors Corporation reserves the right to make any changes and improvements it deems necessary or useful at any time to the Site, Subscriptions and these Terms and Conditions or to comply with changes in legislation, without being held liable in any way by the Customer.
Article 6.1: Modification of the Subscriptions Catalog
The Subscriptions Catalog offered on the Site is upgradable, Colors Corporation reserving the right to modify it at any time.
Colors Corporation can not be held responsible for the possible deletion of a Subscription from the catalog accessible on the Site, except that the Client will retain access to any Subscriptions that have been deleted after his order.
Article 6.2: Interruption or Termination of Service
Colors Corporation may discontinue or terminate the operation of all or part of the Service at any time and at its sole discretion, subject to 30 days notice of termination of service by without such decision being binding on Colors Corporation in any way whatsoever.
ARTICLE 7: TERMINATION
The subscription is for a fixed period of twelve months.
At the end of this initial period, the Subscription will be renewed automatically by tacit renewal for periods of one (1) year, unless one of the Parties notifies the other Party at least three (3) months before by registered letter with acknowledgment of receipt, its intention not to see it renewed.
Access to the Service will be interrupted the day following the effective date of the termination and the customer will then have one (1) period of one month to return, at his own expense, any equipment placed at his disposal by Colors Corporation in respect of its Subscription. In the absence of return of the said equipment within this period, the Customer will be invoiced a lump sum of 180 euros without taxes.
ARTICLE 8: LIABILITY OF COLORS CORPORATION
Article 8.1: Acquisition of rights to exploit works
Colors Corporation pays all rights to exploit the works to the collecting bodies of these rights (SPPF and SCPP), with the exception of public performance rights.
The Client will make his own personal business of the declaration of his activity and the payment of the public execution rights related, which will have to intervene directly with the SACEM. In no event shall Colors Corporation be liable in the event of a dispute between the Customer and SACEM in this respect.
Article 8.2: Limitation of Liability
Should Colors Corporation be liable for any breach of any of its obligations, Customer acknowledges and agrees that Colors Corporation will never be liable for any indirect or consequential damages such as loss of profits, loss of contract, loss of chance or image damage.
Article 8.3: Access to the Site and the Service
Subject to the provisions of this Article 8, the Site is accessible 24 hours a day, 7 days a week and throughout the year.
Access to the Site and to the Service requires a high-speed Internet connection that the Customer is satisfied with.
Colors Corporation can not guarantee that the Service will not be interrupted, given the technical difficulties inherent in the Internet, for which it can not be held responsible.
Consequently, its responsibility can not be engaged, in particular, in case of malfunction in the access to the Site and temporary slowing down of the pages speed of the Site.
Furthermore, Colors Corporation will never be responsible for any malfunction or deterioration of the Clients’ computer equipment, in particular due to a contamination by a virus.
Article 8.4: Maintenance
Colors Corporation may be required to perform maintenance operations on the Site. Similarly, the Site may suffer malfunctions, for example as a result of a computer bug or a pirate attack.
It is understood that the liability of Colors Corporation can never be incurred in the event of a temporary suspension of access to the Site or the Service for maintenance reasons.
Colors Corporation, however, undertakes its best efforts to limit the duration of such suspension of access to the Site or the Service to the maximum extent possible.
Article 8.5: Force Majeure
Colors Corporation shall not be liable for any breach of any of its obligations if the breach was caused by an event of force majeure within the meaning of French jurisprudence.
ARTICLE 9: INTELLECTUAL PROPERTY
Article 9.1: Intellectual Property Related to the Site
All the elements composing the Site (texts, videos, sound recordings, comments, trademarks, trade names, domain names, drawings, images, graphics, logos, photos, databases, etc.) are strictly protected by intellectual property and are the exclusive property of Colors Corporation and / or its business partners.
Any reproduction or representation of the Site or any part thereof is strictly forbidden without the prior written consent of Colors Corporation.
Article 9.2: Intellectual Property in Respect of Musical Works
The musical works made available are works protected by national and international provisions in the field of intellectual property rights.
The Customer agrees to respect the rights of the authors and publishers of these works and acknowledges that the Subscription that it subscribes does not confer any right on the said works.
Any use of the works outside the framework defined by the present CGVU is liable to expose the Customer to legal, civil or criminal prosecution.
ARTICLE 10: PERSONAL DATA
Colors Corporation has declared the Site to the National Commission for Information Technology and Freedom under number 2057349 v 0.
In accordance with the law n ° 78-17 of January 6, 1978 relating to data processing, files and freedoms, any Client / subscriber has a right of access, rectification and opposition to personal data concerning him.
Any request to this effect should be addressed to Colors Corporation and to the following address: 39 rue de la Rochefoucauld 92100 Boulogne Billancourt.
Any request must be accompanied by a photocopy of an identity document (identity card, passport, driving license) of the Client.
Colors Corporation has a maximum period of two months from receipt of the request to respond.
Customers’ personal data are collected in a fair and lawful manner for security purposes, in order to comply with legal and regulatory obligations and in particular to combat fraud, in order to improve the processing and follow-up of Orders and Customers to receive offers from Colors Corporation as well as its newsletter.
ARTICLE 11 : COOKIES
Colors Corporation reserves the right, in order to facilitate the navigation of the Customers on the Site, to place cookies (cookies or similar files) on their terminals of connection.
In particular, the role of cookies is to identify the Client more quickly when connected and to facilitate communication electronically. Cookies also allow Colors Corporation to use statistical data through the Google Analytics program.
Colors Corporation can not guarantee the optimal functioning of the Site if the Client refuses the reception of cookies.
Any Customer may refuse to receive cookies from Colors Corporation by setting up its web browser.
ARTICLE 12: EVIDENCE AGREEMENT
Writing in electronic form will be an admissible mode of proof of the rights and / or obligations of the parties to these Terms.
The computerized records stored in the computer systems of Colors Corporation under reasonable security conditions are considered to be evidence of communications, orders and payments between the parties.
ARTICLE 13: PARTIAL NULLITY
If one or more clauses of these Terms are held to be invalid by law, regulation or as a result of a final court decision, the remaining clauses will retain their full force and their scope.
ARTICLE 14: MODIFICATION OF CGVU
Colors Corporation reserves the right to modify these Terms at any time, in whole or in part.
Each Customer is deemed to accept the current version of the CGVU with each new connection on the Site.
ARTICLE 15: APPLICABLE LAW AND JURISDICTION
These Terms and Conditions are governed by French law.
Only the courts of the city of Nanterre will be competent in case of dispute as to the interpretation, the validity or the execution of the present CGVU and / or the Subscriptions ordered on the Site.