Identification : Laurent HAVETTE - Route de Cayssalie - 46130 Laval-de-Cère (FRANCE)
French registration : 34315832500047
French VAT : FR19343158325
WWW : https://midifiles.com & https://studio.midifiles.com
Email : studio@midifiles.com
Any order of a product and / or service appearing on this site implies consultation and approval of the general conditions of sale presented below.
All sales are final and retractions do not apply to digital files.
The accepted means of payment are:
All orders will be exclusively governed by these general conditions of sale
Any order of a product and / or service appearing on this site implies consultation and approval of the general conditions of sale presented below.
Object
Our site offers a service of music production and transcription by ear "in the style of..." in multitracks MIDI format.
All MIDI files are multitracks provided in General MIDI format.
It is the user's responsibility to ensure that their software and/or hardware can natively interpret the various MIDI channels present in the file supplied. If this is not the case, you can use free software, or send a request by email to studio@midifiles.com, for a conversion from MIDI 0 to MIDI 1 or vice versa.
They are intended exclusively for the private use of the user as part of a simple accompaniment. All the pre-listenning (play button) are produced in low audio quality format for demo and browser compatibility purposes in MP3 format (not MIDI). Any MIDI file can be freely converted into MP3 format. Unless authorized, the duplication, rental, lending, exchange and use for public performances and broadcasting of all our instrumental versions are prohibited, as well as on any telematic service whatsoever and in particular: network internet and cable. It is further recalled that under article L 121-1 of the Intellectual Property Code, the author enjoys, under his moral right, the "right to respect for his name, for his quality and of his work "and that any distribution of a modified version of one of the works reproduced would engage the responsibility of the person who would do so.
§ 1 Contract Conclusion 1.1 the Provider offers to provide its customers with music titles in the form of MIDIFILES or other formats on request, the formats being MF-0 and GM, GS (if available) , XG (if available) or Audio MP3 produced by samplers and synthesizers. As soon as the customer transmits the order, he/she orders the selected MIDIFILES / AUDIO backing tracks pursuant to the contractual terms and conditions set out below. This shall also apply to orders by phone or conventional mail. Please read these terms and conditions carefully before going ahead with the order. By ordering MIDIFILES offered by the Provider the customer declares that he/she has read, and agrees to, the General Terms and Conditions.
1.2 The presentations and descriptions of MIDIFILES / AUDIO PLAYBACK on the internet and in product specifications are no warranted qualities. The customer is aware of the technical options and conditions of using MIDIFILES / AUDIO PLAYBACK. On request the Provider will communicate additional technical details.
1.3 As regards the musical rights to the MIDIFILES / AUDIO PLAYBACK, the Provider pays the royalties due to its providers.
§ 2 Scope of Validity The business relations between the Provider and the ordering party shall be exclusively governed by the following General Term and Conditions as last amended at the time when the order is placed. the Provider will not accept any different conditions on the part of the ordering party except if the Provider has expressly consented to their applicability in writing.
§ 3 Warranty 3.1 the Provider warrants that the MIDIFILES / AUDIO PLAYBACK can be used on all computers/players that support the standard MIDI formats MF-0 and MF-1 and the sound formats GM, GS or XG or Audio MP3. the Provider does not warrant for the suitability of the MIDIFILES / AUDIO PLAYBACK for the purposes envisaged by the customer. Moreover, the Provider warrants that the MIDIFILES / AUDIO PLAYBACK originally sent from the Provider’s computer to the internet have no program faults. As regards any transmission faults on the internet, the Provider does not assume any warranty.
3.2 the Provider does not warrant that the texts supplied along with, and the lyrics embedded in, the MIDIFILES / AUDIO PLAYBACK are correct or free from errors, given that they constitute a free extra service performed by the Provider.
3.3 the Provider may give warranty by way of subsequent improvement. At the Provider’s election it may do so either by providing new files or reworking the existing ones. Should such subsequent improvement fail finally and clearly after several attempts despite an adequate cut-off period having been fixed in writing, the customer shall have the right to reduce the price or reverse the contract. As regards claims for damages, § 9 shall apply.
3.4 The customer shall be obligated to promptly examine the MIDIFILES / AUDIO PLAYBACK on receipt and to complain about apparent defects in writing (including e-mail) within one week, describing such defects in detail.
§ 4 Rights of Use 4.1 The customer shall be granted a non-exclusive right of use to the MIDIFILES / AUDIO PLAYBACK, unlimited in time, on the scale described below. As between the contracting parties, any rights of use not explicitly stated shall otherwise remain with the Provider.
4.2 The customer shall be entitled to use the MIDIFILES / AUDIO PLAYBACK on any computer/player technically suited for the purpose. However, at any given point in time the MIDIFILES / AUDIO PLAYBACK may only be used by one person on one computer/player and never simultaneously on two or more computers/players, no matter whether by the same customer or different persons. The right of use shall solely apply to the original data record of the downloaded/supplied MIDIFILES / AUDIO PLAYBACK. The customer may produce a backup copy of MIDIFILES / AUDIO PLAYBACK; which must not be used at the same time as the original data though.
4.3 Except with the Provider’s prior written consent the customer shall not be entitled to use, reproduce and disseminate the MIDIFILES / AUDIO PLAYBACK in any way other than that technically described in § 4.2;
- to lease the MIDIFILES / AUDIO PLAYBACK, use them jointly with third parties or otherwise permit third-party use;
- to reproduce and disseminate altered versions and arrangements produced by the customer (including film music and multi-media works);
- to change or remove the notes concerning copyrights and other rights reserved, serial numbers or other features serving data identification as are contained in the data;
- to pass the MIDIFILES / AUDIO PLAYBACK on to any third parties unless the customer ceases to use the files with final effect, not retaining any copy thereof.
4.4 the Provider explicitly draws the customer’s attention to the fact that the uses listed below need to be reported and paid for to SACEM and/or require the approval of the respective holders of the right to the music titles
performing, broadcasting, publicly reciting the music titles or making them otherwise accessible to third parties;
producing, executing, broadcasting or otherwise publicly reciting altered versions and arrangements thereof (including film music, multi-media works, etc.).
4.5 If the customer's use of the MIDIFILES / AUDIO PLAYBACK does not conform to the requirements set out with regard to the rights of use specified herein and if the Provider’s protected rights are infringed thereby, the Provider shall be entitled to charge the double price for the MIDIFILES / AUDIO PLAYBACK concerned as minimum damages, without being required to furnish proof. The assertion of more extensive claims for compensation of damages shall not be excluded thereby.
§ 5 Payment 5.1 In online distribution customer’s payment of remuneration shall be made out of the customer account or by credit card.
5.2 Pending compensation of all claims of the Provider against the customer, the granting of rights of use shall be subject to the condition that all such claims are fully satisfied. the Provider may revoke the authorities of use if the customer is in default, not even paying on receipt of a written warning with indication of the intention to revoke, or if the customer fails to comply with the conditions of use (§ 4).
5.3 All discounts granted because of the agreed quantity to be purchased shall become void and be newly determined on the basis of the actual quantity purchased by the time the customer account is closed.
§ 6 Online Access Data 6.1 It shall be the customer’s responsibility to prevent unauthorised third parties from gaining access to the customer’s personal online access data (user name and password).
6.2 The customer shall notify the Provider without delay if his/her personal access data get lost or if any third party is otherwise in a position to misuse the customer account. On receipt of the loss report the Provider will promptly block the customer account. Pending receipt of the loss report the Provider shall not be liable for any unauthorised requests for MIDIFILES / AUDIO PLAYBACK and associated debits from the customer account. Should such third parties order additional MIDIFILES / AUDIO PLAYBACK in the period between receipt of the loss report and the blocking of the customer account the customer shall bear the cost incurred thereby up to an amount of EUR 50.00 (flat-rate loss fee). Up to the level of the flat-rate loss fee the Provider may also invoice to the customer the expense incurred by handling the loss report.
§ 7 Data Protection The personal data of which the Provider gains knowledge in the context of the contractual relations may be processed by it only for internal purposes and on the basis of statutory data protection rules. the Provider may also pass the data on to sub-suppliers who perform, and render accounts for, the service contracted for, if applicable.
§ 8 Liability 8.1 Unless provided for otherwise below, additional claims on the part of the customer -- no matter on which legal grounds -- shall be excluded. Therefore the Provider shall not be liable for damages not occurring on the deliverables themselves; in particular the Provider shall not be liable for lost profit or any other pecuniary losses of the customer. To the extent that the Provider’s liability is excluded or limited this shall equally apply to the personal liability of its employees, representatives and vicarious agents.
8.2 The above limitation of liability shall not apply where damage is caused by intent or gross negligence or where personal injury is involved. It shall, moreover, not apply if the customer asserts claims defined in §§ 1, 4 Product Liability Law, claims on account of the absence of warranted qualities or claims for damages due to non-performance pursuant French Civil Code.
8.3 To the extent that the Provider negligently breaches a material contractual duty, its obligation to provide compensation for damage to property shall be limited to the damage typically incurred.
§ 9 Applicable law Any and all legal relations under the present contract shall be governed by the law of the France Republic to the exclusion of the UN Sales Convention. Whenever customers are merchants, public law bodies or persons whose residence or business establishment is situated abroad, the place of fulfilment and jurisdiction for any disputes shall be Clermont-Ferrand / France.
Any download on this website implies consultation and prior acceptance of these general conditions of sale. Validation of the order implies acceptance of these general conditions of sale.
Article 2: Offers and Prices
The prices of our products are indicated in Euros, all taxes included and do not include communication costs related to the use of the internet sales service which remains the responsibility of the customer.
The company the Provider reserves the right to modify its prices or these general conditions of sale at any time but the products or services will be invoiced on the basis of the prices and conditions in force at the time of the registration of orders.
Unlimited Passes can be automatically suspended at any time if the use made of them is improper. As such, the IP and number of downloads are recorded.
The files are strictly personal, and their exchange or resale constitutes an offense of counterfeiting punishable by 3 years' imprisonment and a fine of € 300,000.
Files are invisibly marked with a unique identifier. This invisible identifier makes it possible to immediately go back to the identity of the first person to have sold or shared them, via their order number.
The Provider will then be unable to identify or find the history of its purchases. The download link provided will be valid as long as the user logged in at least 2 times per year. Beyond this period, the client will no longer be able to download the title acquired. What the Customer expressly accepts.
the Provider cannot be held responsible for the loss, destruction, title or license on the client's computer or change of hard drive or computer hardware and cannot, if necessary, give the client the possibility of downloading from again its title. A single license to use the title will be issued in this case.
In any case, no sales license acquired can give rise to any refund or replacement.
In the case of secure payment by credit card, the Customer is informed BEFORE payment, whether or not a file is available.
Right to retract
In application of article L 121-20-2 of the consumer code, resulting from ordinance n ° 2001-741 of August 23, 2001, the legal withdrawal period does not apply to these general conditions of sale.
Purchases of music files are firm and final. They cannot therefore give rise to an exchange, refund or the exercise of a right of withdrawal, except in the case of a pre-order.
However, we will credit the requester's account with the value of the order file, for any reasoned exchange request.
It is expressly agreed between the parties that the Provider is subject, for each of the obligations it incurs under these general conditions of sale, to an obligation of means.
The responsibility of the Provider cannot be engaged in the event of non-compliance with the legislation of the country where the recordings are downloaded.
The Customer is solely responsible for the use he makes of the services offered to him by the company the Provider. Consequently, the Customer undertakes to make his personal business of any complaint and / or procedure whatever the form and nature formed against The company the Provider and which would relate directly or indirectly to the use of an online music download service.
The company the Provider cannot in any case be responsible for the limits of the Internet and in particular:
of its technical performance and response times to consult, query or transfer information data, data circulating on the Internet which is not necessarily protected, in particular against possible misappropriation, the communication of any information deemed confidential by the Customer is done at his own risk, it is up to the Customer to take all appropriate measures to protect his own data and / or software from contamination by possible viruses on the Internet, data circulating on the Internet may be regulated in term of use or be protected by a property right.
For any information, the Customer Service of the Provider is available by email : studio(at)midifiles.com
IN CASE OF LITIGATION AND IN THE FAILURE OF A FRIENDLY AGREEMENT BETWEEN THE PARTIES, EXPRESS JURISDICTION IS ASSIGNED TO THE COURTS OF THE SPORT OF THE HEAD OFFICE OF the ProviderS, NOTwithstanding A CALL FOR GUARANTEE OR A PLURALITY OF DEFENDANTS, EVEN FOR EMERGENCY PROCEDURES OR PROCEDURES CONSERVATOIRES IN REFERENCE OR BY REQUEST.
The Customer is therefore responsible for the use of the data which he consults, questions and transfers on the Internet and for the use of the services offered by The company the Provider whose responsibility cannot be engaged for any reason whatsoever.
the Provider cannot be held responsible for any malfunction and / or any interruption in the provision of offers to purchase recordings which are not of its own doing.
In any event, the responsibility of the Provider is limited to the price of the service ordered by the Customer if the latter has not been able to fully download the file online in the service ordered or have access to it, provided that the Customer is able to provide proof.
the Provider cannot be held liable for fraudulent use of the information made available on the SITE.
The company the Provider reserves the right to be able, at any time, to carry out modifications of all kinds relating in particular to the download sales service, offers and SITE. It is therefore the Customer's responsibility to keep themselves regularly informed of any changes to the SITE.
Likewise, the Provider reserves the right to modify these general conditions of sale, it being specified that in this case, the applicable general conditions of sale will be those in force on the SITE on the day the Customer places an order.
These general conditions of sale are governed by French law.
If there is a dispute relating to the performance of this service and, in the absence of an amicable agreement between the parties, the courts of BRIVE will be competent to judge the dispute
The Customer's double click constitutes an electronic signature which has, between the parties, the same value as a handwritten signature and therefore manifests the Customer's consent to the stipulations of the document subject to the double click.
The company the Provider reserves the possibility of setting up hyperlinks on its SITE giving access to pages other than those of its SITE. The Customer is formally informed that the sites to which he can access via hypertext links do not belong to the Provider, therefore, the latter declines all responsibility for the content of the information provided on these sites under activation of the hyperlink.
Contact : midifiles.com@gmail.com
the Provider prohibits any third party from placing a hypertext link pointing to one or more pages of the SITE without its express prior authorization.
