GENERAL CONDITIONS OF USE OF THE WEBSITE
WE INVITE YOU TO READ THESE GENERAL CONDITIONS OF USE CAREFULLY. MOREOVER, PLEASE READ THE CONFIDENTIALITY POLICY FORMING AN INTEGRAL PART OF THE LATTER.
The company DIGGERS FACTORY SAS (hereinafter referred to as « the company ») operates the website called DIGGERS FACTORY (hereinafter referred to as « DIGGERS FACTORY» or « the Website »).
If you have any questions regarding this document and our services, please contact us by email : contact@diggersfactory.com
Contents
1. Purpose and scope
2. Definitions
3. Services provided via the website
4. Acceptance and updates of the General Conditions
4.1 Acceptance
4.2 Update
5. Access and registration conditions on the website
5.1 Consent and capacity
5.2 ID and password
5.3 Use Facebook to register
6. Conditions Applicable to Project Leaders
6.1 Nature of the Services offered to Project Leaders
6.2 Presentation of projects
6.3 Nature of the Services offered to Project Leaders
6.4 Promotion on the Website and beyond the Website
6.5 Exclusivity
6.6 Implementation of Projects/Obligations of Project Leaders
7. Conditions applicable to the collection and monitoring of Contributions
7.1 Collection of contributions
7.2 Payment of Contributions by Contributors
7.3 Commissions in remuneration of the intermediation service and payment of the amounts collected
7.4 Applicable taxes on funds collected and issuance of tax receipts
8. Conditions applicable to message distribution services: Forum and comments areas
8.1 Liability for messages and content posted online by Users and Project Leaders
8.2 Information of the Company by the Users of the Website.
8.3 Right to delete content and/or the Personal Account of the User or Project Leader.
9. Responsibilities
9.1 Network functioning
9.2 Modification of Website
9.3 Availability of Website
9.4 Website Usage
9.5 Connection between Members and Contributors
9.6 Disputes between Internet users
9.7 Hypertext links
10. Intellectual property
10.1 Website and Content disseminated by the Company
10.2 Content disseminated by Users
11. Suspension and interruption of Services
12. Force majeure
13. Duration and termination
14. Various stipulations
14.1 Correspondence - Proofe
14.2 Notificationss
14.3 Applicable law
14.4 Dispute
14.5 Divisibility
14.6 Waive
14.7 Assignment and substitutio
14.8 Entire agreement
Article 1. Purpose and scope
The purpose of these general conditions of use (hereinafter, the "General Conditions" or the " Contract ") is to define the terms and conditions for the provision of Services to Users of the Site.
The General Conditions apply, without restriction or reservation, to all the Services offered by the Company on its Website, which can be accessed in particular at the address http://www.diggersfactory.com, except specific conditions applicable to certain Services. These General Conditions prevail over any other general or specific conditions, not expressly approved by the Company. The subscription of Services is reserved for Users only, who have previously read the General Conditions in their entirety and have accepted them without any reservation.
Article 2. Definitions
The definitions below have the same meaning whether used in the singular or plural.
« Credit card » means a payment or credit card, valid in France and is still valid.
« Commission » means the remuneration due to the Company and taken from the Contributions which is collected by the Project Leader in return for the intermediation service provided.
« Compte Personnel » refers to the User's personal space on the Website. This space can only accessed by entering the Connection IDs, and allows access to the Services provided by the Company. It also allows the User to consult and modify his own personal data.
« General conditions » designates the present general conditions of use of the Website applicable to Visitors which may be consulted on the Website by any Visitor and to which these Visitors must adhere so that they can be a User.
« Counterparty » means, where applicable, the counterpart(s) that may be offered by the Project Leader to the Contributors, in exchange for their Contribution to the Project through the means of donations with counterpart. The Counterparty(ies) related to a Project, will be defined on a case-by-case basis on the Website within the limits of the Services offered by the Company.
« Contribution » désigne toute somme en numéraire collectée par le Porteur de Projet par l'intermédiaire du Site en vue de financer un ou plusieurs Projets proposés sur le Site dans le cadre de dons avec contrepartie.
« Contribution » means any cash amount collected by the Project Leader through the Website, in order to finance one or more Projects offered on the Website as part of donations with counterpart.
« Intellectual property rights » refers to all intellectual property rights as provided for by the Intellectual Property Code and national conventions mainly, copyright, neighboring rights of performing Members and phonographic, and video graphic producers, trademark law, patents, trade names (including Internet domain names and e-mail address names), copyrights, moral rights, rights to all models, rights to all databases, know-how, whether or not registered or may or may not be registered and subsisting in any part of the world.
«DIGGERS FACTORY » or « the Website » : designates the community website accessible on the Internet through the address http://www.diggersfactory.com, exclusive property of the Company, the purpose of which is in particular allows Members to promote their Projects and Members to provide financial support for these Projects, through Contributions made via the Website.
« Working day » means a calendar day with the exception of Saturdays, Sundays, and public holidays in mainland France.
« Member » :designates a natural or legal person registered on the Website who has a personal account. The Member can become a Contributor and/or Project Leader.
« Financing goal »means the total amount of Contributions sought by the Project Leader for the realization of a Project and open to collection from Members through the Website. This funding objective must be expressed through the number of Counterparties.l'intermédiationParty.
« Partie » designates, as the case may be, the Company and/or any User having accepted the application of these General Conditions, and "Parties" designates all of them.
« Participation » : means the monetary value that the Contributor pays in the form of a donation with counterpart to finance a Project proposed on the Website, net of any bank charges.
« Collection period » designates for each Project, the period during which Members can make Contributions through the intermediary of the Website and thus allow the Project Leader to achieve the Funding Objective which is required for the Project’s realization.
« Partners » refers to the partner companies selected by DIGGERS FACTORY within the context of the Services that DIGGERS FACTORY can put in contact with the Project Leaders within the context of the Counterparties, mainly for the purposes of vinyl pressing or merchandising ordering without this list being exhaustive.
« Project leader » means any natural or legal person registered on the Website for the purpose of presenting and promoting one or more Projects.
« Project » refers to vinyl production and vinyl re-release projects.
« Service(s) » refers to all the Services, paid or for free, offered on the Website.
« Company » designates the company DIGGERS FACTORY SAS.
« Transaction » means a transaction rounded off by a User through the conditions referred to in the General Conditions of Use of the Website and leading to a Payment Operation.
« User » means the Members registered on the Website, provided they have previously adhered to the General Conditions.
« Visitor » means any person who goes to the Website to consult the content and information published on the Website without being registered there or before registering on the Website as a User.
Article 3. Services offered via the website.
DIGGERS FACTORY offers three different services:
The Company offers, via the Website, the following Services :
Members can only pay or contribute financially through donations with counterpart to Projects or propose Projects on the Website if they are legally capable and of full age.
Article 4. Acceptance and update of the General Conditions
4.1 Acceptance
The User declares and acknowledges having read the General Conditions in their entirety. If the User disagrees with one of its terms, he is free not to or no longer use the Service.
The use of DIGGERS FACTORY or the services offered on DIGGERS FACTORY implies full acceptance of these General Conditions by Users which include the stipulations of all notices applicable to the website, even those including the elements provided in the FAQ.
Visitors to the Website are deemed to accept the General Conditions without restriction or reservation simply by browsing the Website alone.
Members are deemed to have accepted the General Conditions on the date their Personal Account is opened by clicking on the " Register " button, as it is specified, in the registration/welcome confirmation email they receive as a confirmation of the opening of this Account which includes a link to download the General Conditions.
Contributors are deemed to accept the General Conditions once again in force on the date of their Participation, this is specified in the order summary email they receive as confirmation of their Participation which includes a link to download the General Conditions in force..
The Project Leaders are deemed to accept the General Conditions once again in force on the date of receiving the e-mail sent by DIGGERS FACTORY which confirms that their Project will be able to start its campaign on the Website, it has been specified that this validation email includes a link to download the current General Conditions.
4.2 Update
The General Conditions of Use take effect from their publication on the Website and remain in force until their partial or total modification by the Company.
The General Conditions are updated on a regular basis and are therefore subject to modification. Mainly the possible extensions and improvements to the functioning of the Website, the Company reserves the right to adapt or modify the scope of the services which are offered through the Website at any time.
The new features will be posted on the Website, in order to be brought to the attention of Users and Project Leaders. It is therefore up to the User to consult and accept the General Conditions while making a Contribution, in particular to ensure the provisions in force. Every use of the Services offered on the Website by Users constitutes as an acceptance of the latest version of the General Conditions published on the Website. However, an email will be sent to Users to alert them that a new version of the General Conditions is online, which includes a link to download the current General Conditions.
Article 5. Access and registration conditions on the website
5.1 Consent and capacityé
Registration is carried out by completing an online form. While registering, the User undertakes to provide precise data, and is required to complete all of the mandatory fields which appear in the registration form.
The User , a natural person, must be of legal age and must have the capacity to enter into a contract.
The representative of the User as a legal person certifies that he holds all the rights which are required for the rounding off of this contract, on behalf of the legal person he may represent.
The User will then validate his registration by clicking on the button provided for this purpose.
The Company is the sole decision maker for the registrations it retains, without recourse or compensation of any kind.
The User agrees not to create or use accounts other than the one initially created, whether under his own identity or that of a third party. Any deviation from this rule must be the subject to an express and specific request from the User and an express and specific authorization from the Company. The fact of creating or using new accounts under one's own identity or that of a third party without 6 having requested and obtained the authorization of the Company which may result in the immediate suspension of the User's account and all associated services.
The User guarantees that the information he communicates on the Website is accurate, sincere and in keeping with reality. He undertakes to inform the Company without delay in the case of any change in the information expressed at the time of registration and, if applicable, to make these changes himself in his personal space.
5.2 ID and password
As soon as the User account has been created, the User shall choose or be assigned a username and password (hereinafter "Username") allowing him to access his personal space. These identifiers are personal and confidential. They can only be changed at the request of the User or at the initiative of the Company with information from the User.
The User is solely and entirely responsible for the use of the Identifiers which concern him and shall make an effort to keep his Identifiers secret and not to unveil these to anyone, in any form whatsoever and for any reason.
The User will be responsible for the use of his Identifiers by third parties or for actions or declarations made through his personal User account, whether fraudulent or not and guarantees the Company against any request in this area.
The Company is not obligated and does not have the technical means to ensure the identity of people registered on the website. The Company is not responsible for any misuse of the User's identity. If the User has reason to believe that a person is fraudulently using identification elements or their account, they must immediately inform the Company.
In the case of loss or theft of one of the Identifiers concerning him, the User is responsible for any damaging consequence of this loss or theft and must use the procedure which allows him to modify these, as soon as possible.
n the case if the User were to be aware that someone else used his/her Personal Account, the User shall immediately inform the person in charge of the Website by e-mail at the addres contact@diggersfactory.com and will confirm this information by registered mail to the following address: DIGGERS FACTORY SAS, 10, boulevard Arago, 75013 Paris.
Using the Website which could be fraudulent, or which would infringe these General Conditions, shall justify that the User was refused access to the Services or other functions of the Website.
5.3 Use Facebook to register
Facebook is a social network of Facebook Ireland Limited (Hanover Reach, 5-7 Hanover Quay, Dublin 2, Ireland).
In order to facilitate registration on the Website, when starting registration on the Website, the User has the option of registering using their Facebook profile information by selecting the "Register with Facebook" button. To do so, the user must already have a Facebook user account or create a new account. To register with and use Facebook, Facebook's data privacy terms and terms of us, in addition to the Terms and Conditions and the Website’s Privacy Policy.
The Facebook login information is in all cases entered directly on the Facebook server. The Company is not aware of the User's Facebook login information.
The User can then associate his Facebook profile with the Website. Moreover, Facebook informs the User that data from his Facebook profile is made accessible to the Company not to mention, the concerned data. At this point, Facebook displays a link to the General Conditions and the Privacy Policy of the Websit.
If the User allows the Company to use the data which is stored on Facebook, the user account on the Website is associated with the Facebook account, and the User is redirected to the registration on the Website. DIGGERS FACTORY then takes over the data which is stored on the Facebook user account. If these are inaccurate or obsolete, the User will take care to rectify these.
If the User has associated his user account on the Site with his Facebook user account, DIGGERS FACTORY registers this information. Though, Facebook communicates some of the User data stored by Facebook during registration to the Website to the Company, the latter does not subsequently exchange any other connection data with Facebook without the User’s consent. If personal information has changed, the User must directly modify this in the User account.
If the User wishes to disassociate his user account from the Website and his Facebook user account, he must connect to Facebook and make the necessary changes in his profile. The Website will then cease to be authorized to use information in its Facebook profile on the latter’s behalf. The User must then use the separate connection information for the Website that was sent to him during registration. The Company is then authorized by Facebook to access the published data of the Facebook user account but will then delete the association and stop using it.
If the User wishes to completely delete the data passed on by Facebook from the DIGGERS FACTORY User account, the User must, for this purpose, terminate his Website user account, so that he can no longer use the Website. To do so, the User can write to contact@diggersfactory.com.
Article 6. Conditions Applicable to Project Leaders
6.1 Nature of the Services offered to Project Leaders.
The Website allows Users who wish to present their Project(s) in order to disseminate, promote, produce, distribute, and have a Project financed on the Website through donations with counterpart. DIGGERS FACTORY does not hold any property or other rights over the Project and its contents which remain the exclusive property of the Project Leader.
The conditions applicable to Members only concern Projects which are led by the Project Leader who creates and leads a community of Users and Contributors on the Website, supporting his Project. In this regard, the Company acts only as a technical intermediary by providing the Project Leader with an online platform that allows him to finance, disseminate and promote his Project on a web page or a set of pages, that is dedicated to the Project audit.
In this regard, the Project Leader grants to the Company and to the Company's partners who are involved in the Project or in the promotion of the Project, the right, to mainly :
6.2 Presentation of projects
Members who wish to promote their Projects, submit to the Company, for publication on the Website, a presentation which gives details on the nature, objectives, main features and progress of the Project(s) they intend to develop through the support from Members.
For the purposes of being accepted by the Company for any promotion on the Website, the Project Leader undertakes to provide, in a clear and precise manner, for any proposed Project: the description of the Project, the minimum amount of counterparts awaited by the Contributions, so that the Project is considered funded, the Collection Period, the use of DIGGERS FACTORY Partners not to mention the Counterparties it proposes. If the Project is a Limited Project, it is enough to give the description of the project and the number of products which need to be produced.
The features and settings of the Project are subject to the prior acceptance of the Company without the obligation to justify its refusal and without guaranteeing the Members on the success of the Project or the authenticity of the information which is presented by the Project Leader. The selection of content mainly aims to monitor the consistency and quality of the Project and is not intended to check the viability, feasibility or authenticity of the proposed Project.
For example, the Company will systematically refuse unreliable Projects, which don’t seem serious and are detached from any concrete reality and doomed to failure.
Once posted on the Website, the Projects can no longer be modified except to make corrections which are only intended to improve the achievement of the objectives pursued by the Project.
The Project Leader is entirely responsible for the presentation of the Project which is published on the Website and must mainly ensure that this presentation cannot mislead Users.
The Project leader acknowledges that the provision of misleading, incomplete, or erroneous information shall engage liability against the Company and the Users and assumes full responsibility for the consequences which may result from any omission or negligence in this area.
n the case of the death, incapacity, accident of the Project leader or any other event making the latter unable to carry out his Project, the Company is authorized to suspend the ongoing collection. Generally speaking, the Company may at its discretion cancel an ongoing fundraising and delete a Project once it is found that the Project leader is in breach of these Terms. In which case, all Registered Contributions would be immediately canceled, the concerned Members will be reimbursed, and the Project leader cannot ask to get back this amount.
Members undertake to use all means to achieve their Projects if they succeed in collecting the the necessary Contributions.
hTey are invited to regularly update their Projects and share information concerning their Projects and their implementation, with other Users.
They undertake to keep their Members informed of the major progress of their Projects, even after the expiration of the Collection Period.
6.3 Legality of projects and content posted on the website - preservation of the interest of users
It is up to the Project leader to ensure that he has all the rights required to publish the Project on the Website and that he is in compliance with all the laws and regulations, applicable to the design and implementation of the concerned Project.
6.4 Promotion on the Website and beyond the Website
The Projectleader accepts that the content and information which is provided will be used freely and free of charge by the Company for the purposes of promoting the Project.
Therefore, the Project leader grants the Company exclusively and free of charge, for the whole world and for the entire duration, the rights as specified below, to allow the Company to provide the Service in the form of broadcasting on the Internet, on mobile telephone networks and/or on any other communication network which may be open to the public.
In this regard, the Project leader grants the Company the right, mainly to:
The Project Leader also authorizes the Company to ensure the promotion and/or publicity of the Project and disseminate with the content through commercial advertising and/or promotional messages related to products or services of third parties.
The Project Leader also accepts that the content and information provided will be used on the Website with the presence of brands or logos of the Company's Partners.
6.5 Exclusivity
The Project Leader undertakes not to offer his Project or any other related Project on any other Website or internet crowdfunding platform, during the Collection Period.
6.6 Implementation of Projects/Obligations of Project Leaders
The Project Leader undertakes to fulfill his obligations to Contributors, mainly those to accomplish the Project as initially defined and to pay the latter the Counterparties described in the Project if need be.
The Project Leader is encouraged to ensure that he will be able to provide the Counterparties he offers to Contributors at the end of the open collection for the financing of their Project, mainly by using the Partners of DIGGERS FACTORY.
In the event that the Project Leader cannot compensate the Contributors of the Promised Counterparties, he expressly undertakes to reimburse them in full and accepts that the Company cannot under any circumstances assist him in this process.
The Project Leader recognizes that he is the only one responsible for the accounting, tax and social processing related to the Project, including the amounts received through the Company.
The Company is not responsible for the actions of Members who remain solely responsible for the terms binding them with Contributors, in terms of collecting Contributions through the intermediation of the Website or as part of any product which is sold on the Website.
Members are solely responsible for collecting the Contributions that they organize through the intermediary of the Website and any Counterparties that they offer within the context of the Projects presented on the Website.
As a consequence, all risks involved in the development and carrying out a Project, as well as any postponing and cancellation, are fully borne by the Project Leaders.
Members may arrange refunds at their sole discretion. The Company is not responsible for refunds that may take place or on collections of Contributions.
Article 7. Conditions applicable to the collection and monitoring of Contributions
7.1 Collection of contributions
Contributors are required to choose the level of Consideration suggested by the Project Leader, given that the amount of the Contribution paid must be equal to or greater than the value of the chosen Counterparty.
Underage Members are not allowed to make Contributions. By becoming a Contributor, the Member is deemed to be of legal age.
By accepting these, the Contributor declares that the source of the funds used by him on the Website is not illegal and undertakes not to use the latter for illegal or fraudulent activity, mainly money laundering.
It must be reminded that the Company is only an intermediary between the Project Leader and the Contributor and the Members within the context of the Project’s promotion.
As a consequence, the Members will not be able to seek the responsibility of the Company in the case of failure by the Project Leader in carrying out his obligations.
The ProjectLeader is required to obtain information from any Contributor as to the origin, purpose and destination of the funds which make up the Contribution
7.2 Payment of Contributions by Contributors
Payment of the Contribution will be made using one of the means of payment for the Project in question, for example the bank card, and/or PayPal, and/or any other means of payment which is already offered on the Website or which will be included into the Service in the future. When a Member supports or proposes a Project, he also accepts the terms of service of the payment processing company.
The Website offers the payment of Contributions via the PayPal payment system. By supporting a Project with the PayPal payment system, Members accept PayPal's terms and conditions of use.
PAYPAL takes its own commission on payments which are carried out, which, at the time of writing, depends on the country of the buyer and the monthly sales volume. Commissions are available at the following address : https://www.paypal.com/fr/cgi-bin/webscr?cmd=_display-xborder-fees-outside&countries
This commission applied by PayPal is collected directly by PayPal.
Moreover, the Company applies its own invoicing in compensation of the Services, as provided for in Article 7.3.
7.3 Commissions in remuneration of the intermediation service and payment of the amounts collected
Accessing the website is free.
For ProjectLeader receiving Contributions, the costs of the Services provided by DIGGERS FACTORY are calculated as a percentage of the amount of the Contributions collected through the intermediary of the Website. The applicable percentage is twenty five percent (25%) before tax of DIGGERS FACTORY commission. Bank transaction fees are included in the DIGGERS FACTORY commission.
VAT is applicable at the rate in force on the day when the transfer of funds collected is carried out and depends on the location of the ProjectLeader. Project Leader. The services provided by the company DIGGERS FACTORY are considered as electronic services, the VAT rate depends on the location, where the Project leader is based.
Since January 1, 2015, services delivered electronically are taxable at the place of consumption when these services are provided by taxable persons, whether or not established in the territory of the European Union (EU), to non-taxable persons (“Consumers") having their residence or habitual residence in the territory of the EU. Electronic services are taxable at the VAT rate in force in the Member State where the consumer resides.
The Service fees are automatically deducted from the amount of the Contributions which is collected through the Website when the funds are paid into the bank and/or PayPal account of the Project Leader receiving the Contributions. This payment is made within 12 working days once the Funding Objective has been attained and the collection of the Contributions necessary for the realization of the Project is confirmed by DIGGERS FACTORY. The corresponding invoice is made available to the Project Leader in his Personal Account on the Website as soon as the collection has been rounded off.
For Limited Projects, payments to the Project Leader are made on a monthly basis, on Website sales and beyond the Website as well.
7.4 Applicable taxes on collected funds and issuance of tax receipts
It is up to each User to pay any applicable tax or associated tax, whether on the Contributions collected through the Website as a Project Leader, or on the Contributions made by the Members to support the project.
The Company can in no way substitute for them for this purpose or even advise them on the nature and details of their obligations.
Members are responsible for establishing and directly sending to Members any tax receipts which attests contributing to Contributions through the Website.
It is up to each Member to make sure its eligibility to benefit from tax deductions on all or part of the Contributions made through the Website, in keeping with the provisions of French law in force.
Any complaint related to the production of the so-called tax receipts and information therein must be addressed directly by the Member to the Project Owner.
Article 8. Conditions applicable to message distribution services: Forum and comments areas
8.1. Liability for messages and content posted online by Users and Project Leaders
The User or the Project Leader is forbidden from posting any content which is likely to mislead other users of the Website or make up a false declaration. The latter is solely responsible for other users, in terms of the damage suffered by the latter due to the inaccurate or misleading nature of this content.
The User or the Project Leader must ensure that he owns the rights, mainly intellectual property, which is required for the publication of the content he shall disseminate.
The Company declines any responsibility which may result from the possible violation of the rights of third parties.
Users and Project Leaders are solely responsible for the content they post on the Forums and comment areas and undertake that the information published does not violate any legal or regulatory provision in force. Mainly, the User or the Project Leader is forbidden from posting any potential illegal content, regardless of the medium (sounds, texts, images, videos, … ).
The Company does not moderate messages and content posted online in advance by Users, or Project Leaders, or to which the Website is likely to refer. It acts as a host within the meaning of article 6 I 2 ° of law in ° 2004-575 of June 21, 2004 through the trust in the digital economy (« LCEN »), and in this regard, engages in a simple storage activity.
8.2. Information of the Company by the Users of the Website
Any User must report to the Company any illegal content by email, at the following address:contact@diggersfactory.com.
8.3. Right to delete content and/or the Personal Account of the User or Project Leader
he Company reserves the right to immediately delete, without any prior notification and compensation, any illicit or clearly illegal content it may be aware of, but also the Personal Account of any User or Project Leader who may have published the illegal content.
Furthermore, in application of Article 6 I 7 ° of the LCEN, the Company reserves the right to communicate to the judicial authorities any element which allows the identification of any User who has posted potentially illegal content and the latter was bought to his attention.
Article 9. Responsibilities
9.1 Networking functioning
To use the Services, the User must have the equipment, software, and necessary features for the proper functioning of the Website. The User must have the skills, hardware and software which is required to use the Internet. The User declares that he is fully aware of the characteristics and constraints of the Internet.
he User acknowledges that the characteristics and constraints of the Internet do not guarantee the security, availability, and integrity of data transmissions during their circulation on the Internet. The User communicates them at his own risk.
The Company cannot be held responsible for any incidents which may result from this transmission. In which case, the User expressly acknowledges and accepts to use the Website at his own risk and under his exclusive responsibility.
Given the specificities of the Internet network, the Company doesn’t guarantee the continuity of service, being bound by an obligation of means.
The Company cannot be held responsible in the event of damage related to the temporary inability to access any of the services displayed on the Website.
Any delay, suspension, or cancellation in the dissemination of the Project due mainly due to technical failures inherent in the functioning of the Internet network, outside the Company and beyond its control, cannot justify for a refusal of payment on behalf of the User, nor have the right of compensation of any kind and in any form whatsoever.
The Company cannot be held responsible for a non-functioning, an impossibility to access, or poor conditions of Website use triggered due to unsuitable equipment, internal malfunctions of the access provider of the User, in the case of improper use of the Website or services by the User or overcrowding of the Internet network, mainly. The User acknowledges and accepts that the Internet network, and more generally any telematic network used for data transmission purposes, may involve risks which are related to the lack of protection of certain data against possible misappropriation and risks of contamination by viruses.
The Company declines all responsibility for any damage or loss related to the use or inability to use the Website or its content, except as provided by law. The Company will not be held responsible for any loss of information or data, any loss of profit, turnover, opportunity, time, or any indirect damage, whether loss or damage due to negligence, or any other cause, related with the execution or non-execution of the General Conditions.
9.2 Modification of Website
It is understood that the content of the Website has not been set.
Moreover, all the information on the Website may be modified at any time, given the interactivity of the Website, without this being able to engage the responsibility of the Company.
9.3 Availability of Website
The Company has an obligation of means for the provision of the Services. It is released from any responsibility for any unavailability, suspension or interruption of the Website or the Services which may occur during maintenance operations, upgrading of hardware or software, emergency repairs of the Website or circumstances beyond the latter’s control (for example, but without this list being exhaustive, in the case of technical damage or failure of telecommunications links and equipment). The Company strives to take the right measures to limit these disruptions in order to avoid any attributions
La Société s’efforce de prendre les mesures adéquates pour limiter ces perturbations dans la mesure où elles lui sont imputables.
9.4 Website usage
The information provided by a User must be sincere, exact and in keeping with the reality. The consequences of their disclosure on the life and/or the one of other Users are the sole responsibility of the concerned User.
It is reminded that the User takes the initiative to disclose and distribute on the Website, information, data, texts, content, photos, videos concerning him. Moreover, the User takes on full responsibility and waives any recourse against the Company, mainly those on the basis of the infringement of his image rights, his honor, his reputation, his privacy resulting from the dissemination or disclosure of information about him.
The Company does not guarantee that the information presented is detailed, complete, verified, or accurate. The documents, information, descriptive sheets, and, in general, any content on the Website are provided "as it is", without any express or tacit guarantee of any kind whatsoever.
The Company cannot be held responsible for the inaccuracy of the information and content provided by other Users, visitors to the Website and/or the User himself.
In addition, the Company cannot be held responsible for content disseminated by a User likely to infringe the rights of one or more Users or to third parties.
9.5 Connection between Members and Contributors
Due to its role limited to intermediation, Members and Contributors expressly acknowledge and accept that the Company cannot under any circumstances and in any way be held responsible for Projects and mainly for their presentation and progress, namely their delays or cancellations, the delivery or not of the Counterparties.
The Company is not responsible for the actions or omissions of Members who remain solely responsible for all of the terms and conditions for the carrying out of the Project with the Contributors.
Contributors must therefore direct all their questions or complaints to Members only.
The Project Leader guarantees and undertakes to compensate the Company against any damage suffered by the latter, but also to protect it against any liability action that may be brought against it by a User or, usually by a third party, through a violation of any right which may result from the publication and implementation of the Project on the Website.
The same applies if the Company does not provide any duty of information. Moreover, the Company cannot in any way be held responsible for the consequences of Contributors' Contributions. Most of all, the Company only intervenes in a limited manner with Members in order to assist them through the presentation and promotion of their Projects.
9.6 Disputes between Internet users
The Company declines all responsibility in the case of a dispute between Users and/or Visitors and/ or Members who have come into contact on the Website.
9.7 Hypertext links
The Website contains links to third party websites.
The linked sites are not under the Company’ control and the Company is not responsible for the contents of such linked Websites. The Company provides these links for convenience purposes and a link does not imply that the Company endorses or recommends the linked Website or that the Company is affiliated with the latter.
The linked Websites are owned and operated by independent resellers or service providers and, therefore, the Company cannot guarantee that the User will be satisfied with their products, services or business practices.
It is up to the User to carry out the possible checks that they deem necessary or advisable before proceeding with any transaction with any of these third parties.
The application of these General Conditions does not extend to third-party websites.
Article 10. Intellectual property
10.1 Website and Content disseminated by the Company
All the Website’s content, in particular all the elements of intellectual property, brands, logos, drawings, texts, hypertext links, images, video, sound elements, software, layout, design, graphic elements, the basics of data, SEO HTML tags (mega-tags), etc., excluding the content which belongs to third parties for which the Company has obtained the assignments of rights or the necessary authorizations, are the exclusive property of the Company and/or its third-party partners. This content is protected by national law and the provisions of the Intellectual Property Code, and international intellectual property law in force.
Using the website and the services provided by the Company do not imply any assignment or authorization to operate or use any of the elements of the Website.
As a consequence, except with the prior written authorization of the Company and/or its partners, the User, but also the Visitor, is forbidden from reproducing, representing, making available to the public, marketing, republishing , redistribution, adaptation, translation, and/or partial or complete transformation, or extraction or a temporary or permanent transfer to another website, the collection of information from the pages of the Website, in any form whatsoever, of any composing element of the Website
Users are authorized to reproduce the DIGGERS FACTORY logo on third-party websites, solely in order to promote their Project and/or the Website. Any other use requires the Company’s approval.
The User acknowledges that failure to comply with this prohibition is a reprehensible infringement both civilly and criminally, sanctioned in particular by articles L.335-2 and following the Intellectual Property Code.
10.2 Content disseminated by Users
The User grants the Company a license to use the intellectual property rights attached to the content provided by the concerned User for dissemination on the Website.
This license includes the right for the Company to reproduce, represent, adapt, translate, digitize, use or sub-license the content concerning the User (information, images, videos, description, search criteria, etc.) on any media. of electronic communication as part of the provision of its Services
This license authorizes the Company to present projects on partner websites, or to authorize partner sites to retrieve data from these projects in order to present them on their own online or offline communication media.
The User authorizes the Company to modify the so-called content in order to comply with the graphic charter of the Website or the other communication media referred to above and/or to make them compatible with the technical performance or the formats of the concerned media.
These rights are granted for the entire world and for the entire duration of carrying out these General Conditions between the User and the Company.
The User also refrains from copying, reproducing, or otherwise using content which is related to other Users except for the strict requirements of using the Services for personal and private purposes
Through the use of the Service, Members are required to disseminate various content and in particular videos, images, graphic designs, music, texts, ideas and concepts, software, etc. on the Website as well as trademarks or patents and various elements of intellectual property. Members are warned that using the Website does not protect this content in any way and it is their responsibility, where applicable, to protect this content elsewhere.
Article 11. Suspension and interruption of Services
Without this leading to an obligation to check the content, accuracy and consistency of the content, the Company is entitled to refuse, in accordance with press and publication practices, the insertion of a Project.
The Company is free to delete or modify, before or after its dissemination, any content on the Website which is not related to the content which is usually expected, the editorial line of the Website or disrespectful of the laws and regulations in force.
In this regard, the Company is entitled to carry out electronic monitoring to identify contentious content and take sanctions against its author, mainly exclusion.
The Company reserves the right to suspend or limit access to the services subscribed by the User after having informed the interested party by any means in the case of non-performance by the User of one of his obligations provided for in the titles of these General Conditions of Use
In this manner, without prejudice to the provisions of Article 14 "Termination", in the case of a breach by a User of any of its obligations, the Company reserves the right to block any Project or content of the User, delete disputed messages or content regardless of their nature, prevent the publication of all or part of the Project, and/or block access to all or part of the Services, temporarily or permanently, without consideration or reimbursement and without prejudice to the remedies which are likely to be exercised against the User.
In the event of suspension and regardless of the cause, the Company reserves the right not to reimburse, as a penalty clause, all or part of the amounts which have been credited and which the latter deems necessary to repair the damage regardless of its nature, which it would have possibly suffered.
Article 12. Force majeure
The liability of the Company and any third party who may take part in the provision of the Services cannot be sought if the carrying out of one of its duties is prevented or delayed, due to a case of force majeure as defined by the jurisprudence of the French Courts and, without this list being exhaustive, natural disasters, fires, transport means blockage for any reason whatsoever; total or partial strikes, internal or external to the company, locking out of the company; blocking of telecommunications or computer networks by any means whatsoever (power failure, computer virus, etc.), governmental or legal restrictions, provided, however, the concerned parties take all reasonable measures to mitigate the resulting effects of the so-called situations.
Article 13. Duration and termination
These General Conditions of Use apply for an indefinite period right after their acceptance and until the account is closed, regardless of the reason.
The User, Member or Project Leader may request the termination of their account at any given time, by email to support@diggersfactory.com or by mail addressed to DIGGERS FACTORY SAS, 10 boulevard Arago, 75013 Paris.
These General Conditions may be terminated by the Company subject to one month's notice.
Furthermore, in the case of non-performance or non-compliance by the User with one of the obligations and stipulations provided for herein, the Company may modify, suspend, limit or remove access to the Website within ten (10) days through a formal notice sent to the User that remains unsuccessful, without the latter being able to claim any compensation whatsoever, without prejudice to the damages that the Company would be entitled to claim for the suffered damages.
In the case of a serious breach of one of the provisions of the General Conditions of Use, the Company will be justified in terminating the User's account without notice or formal notice, without any compensation and prejudice to the damages that the Company will be allowed to claim in order to repair the damage suffered.
In the event of termination, the Projects during the Collection Period may then be stopped and the Contributions relating thereto lead to a reimbursement for the concerned Contributors.
After the termination or expiration hereof, the following articles will remain in effect: Intellectual property; Responsibilities, Final Provisions.
Article 14. Various stipulations
14.1 Correspondence – Proof
The correspondence exchanged between the Company and the Users is mainly provided via electronic mail. Moreover, in application of articles 1363 et seq. Of the Civil Code, the User acknowledges and accepts that the information provided by the Company via email and on the Website is authentic between the parties and receives the same probative value as a handwritten document.
14.2 Notifications
Unless expressly specified otherwise, notifications between the parties are done via e-mail.
Notifications are deemed to have arrived 24 hours after sending the email, unless the sender is notified of the invalidity of the email address.
14.3 Applicable law
Based on a clear agreement between the parties, these General Conditions of Use and the operations resulting are governed by the French law.
They are written in French. If they were to be translated in one or more languages, only the French text shall prevail in the case of a dispute.
14.4. Disputes
In the case of difficulty or dispute between the parties in terms of the interpretation, execution or termination of these General Conditions of Use, the parties must endeavor to resolve it to the best of their possibilities and agree to come up with an amicable solution in the spirit of these General Conditions of Use.
In the absence of an amicable solution, the most diligent party shall call upon the competent Courts.
It is specified that any dispute with a User acting in a professional capacity and in regard to the interpretation, execution, or breach of these General Conditions, falls under the jurisdiction of the Paris Commercial Court.
14.5 Divisibility
n the case when one or more stipulations of the General Conditions of Use are declared as void, the validity of the other stipulations is in no way impacted.
The stipulations declared as void will in accordance with the spirit and the object, replaced by other valid stipulations, having regard to their extent, approximate to the maximum scope permitted by law, and the stipulations are declared as void.
14.6 Waiver
The fact that the Company does not take advantage at one time or another, one of the provisions of these General Conditions of Use cannot be interpreted as a waiver by the Company to avail itself subsequently.
14.7 Assignment/Substitution
The Company reserves the right to assign to any third party of its choice all or part of its rights and obligations under these General Conditions or to substitute any third party for the carrying out of these, which the User accepts without any reservation.
14.8 Entire agreement
The General Conditions of Use, which includes the preamble, and the Privacy Policy, make up the entire agreement between the Parties.
GENERAL TERMS AND CONDITIONS OF USE FOR DIGGERS FACTORY'S DIGITAL DISTRIBUTION SERVICE :
1. Distribution rights:
1.1 You agree to use our service only for legal purposes and in accordance with these terms and conditions.
1.2 You agree to assign the right to distribute your music on all streaming platforms and other digital media to Diggers Factory.
1.3 You must comply with all rules established by streaming platforms regarding copyright, content ethics, format (music, writing, etc.). Diggers Factory reserves the right to modify the transmitted data to comply with these rules (e.g. converting track names to lowercase, adding the "explicit content" tag, etc.).
1.4 You agree to provide all elements requested by Diggers Factory for your digital distribution to be as effective as possible.
2. Revenue:
2.1 Diggers Factory will send you a detailed report each month detailing the revenue/royalties generated by your music, minus a 15% commission. The first report will be sent four months after the music is published on streaming services.
2.2 You can only withdraw this payment once it reaches a minimum amount of EUR 25.
3. Takedown/Removal:
3.1 To remove tracks from streaming platforms or other digital media and terminate the distribution rights, you must send a request by email to Diggers Factory.
4. Communication :
4.1 Diggers Factory may collect your information, such as artwork, music, photos, or videos, for communication purposes to promote its services.
5. Duration of engagement:
5.1 No engagement period is set in stone. To terminate this collaboration, you must request the removal of your tracks from streaming services or other digital media via email to Diggers Factory.
6. Limitation of liability:
6.1 Diggers Factory cannot be held responsible for any damage, loss, or prejudice resulting from the use of its services.
6.2 You agree to release Diggers Factory and its representatives, as well as its third-party suppliers, from any claims, lawsuits, losses, liabilities, damages, or costs arising from your use of its services.
7. Fraudulent activities and behaviors:
7.1 Behaviors considered violations include, among others, monetizing tracks for which you are not authorized, monetizing recordings containing samples for which you have not obtained permission, and disclosing inaccurate data about copyright holders.
7.2 Fraudulent activities include, among others, artificially increasing streams and/or downloads and unauthorized use of tracks, artist names, and trademarks.
7.3 In the event of a violation of any of these policies, Diggers Factory reserves the right to disclose your personal data to the competent authorities, remove your music from streaming platforms and other digital media, freeze payments for disputed tracks or all tracks, and charge penalties of up to EUR 50 per affected track.
8. Modification of terms and conditions:
8.1 Diggers Factory reserves the right to modify these terms and conditions at any time. We recommend that you regularly check this page to be aware of any changes.