Muscien is a platform for the online distribution of musical works providing services for artists, users and companies. The Muscien services are operated by the company under Luxembourg law:
Muscien S.A
The services provided by Muscien can be found on www.Muscien.com and are hosted by Muscien S.A. and its service providers, Broadcasting Center Europe (www.bce.lu) and Radionomy SA (www.radionomy.com).
Muscien does not act as an Internet access provider or as an electronic public communications service.
These General Terms of Use govern the use of the Muscien Services. By using Muscien Services, whether or not they require a registration, you agree to be bound by these Terms of Use.
These Terms of Use were updated on June 24, 2015.
CLAUSE 1. DEFINITIONS
ALBUM: shall mean a set of Works published by the Artist on Muscien.
ARTIST: shall mean a Member who published the Works on Muscien and who is the sole owner of the rights, or represent all owners of rights on Works published.
ARTIST ACCOUNT: shall mean the Artist's personal webpage that can be accessed after having published his/her Works on Muscien - and through which the Artist has access to an interface, the Artist's Transactions Account if the Artist has registered for "Muscien LICENSING" Programs and information relating to the management of his Works and his personal data.
CERTIFICATION: shall mean the declaration completed and signed by the Artist that may be requested at the time the Works are uploaded on Muscien in which the Artist reiterates some of the obligations enumerated in these General Terms of Use.
GENERAL TERMS OF USE: shall mean these General Terms as well as any future amendments.
ILLEGAL CONTENT: shall mean any content of any kind whatsoever (text, voice, image, sound etc.) of such a nature as to infringe any recognised third party rights (including, in particular, rights held by natural persons, legal persons, groupings or communities etc.) regardless of which legislation is applicable. In particular, any content that could infringe any intellectual property rights, personality rights, as well as any content that could constitute a justification for war crimes or crimes against humanity, and more generally any form of discrimination against one or more classes of people, shall be deemed to be Illegal Content.
Muscien or SERVICES: shall mean the company under Luxembourg law Muscien SA and/or the collection of services provided by Muscien available free of charge, on websites and mobile devices, on www.Muscien.com.
Muscien LICENSING: shall mean the service enabling Artists to become involved in commercial Programs and/or promotional operations through partners of Muscien that may or may not remunerate Artists.
LICENSE: shall mean the Creative Commons licenses (described on the http://creativecommons.org), or any other license allowing a similar distribution of the Works, proposed by Muscien to the Artists for the distribution of their Works.
MATERIAL: shall mean all documents of any kind (lyrics, album covers, photographs, drawings, biographies etc.) to be used for the online distribution and promotion of the Works.
MEMBER: shall mean one or all of the Users and Artists whose registration for the Services offered by Muscien has been validated and confirmed.
PARTNERS: shall mean any third party, natural or legal person, client, partner, affiliate with whom Muscien has established or will establish commercial relations.
USER ACCOUNT or PROFILE: shall mean the personal webpage to which the Member can access using an user name and a password after registering on Muscien, and containing information related to his registration and personal data he provided.
USER or YOU: shall mean any person accessing Muscien's Services.
WORK(S): shall mean the musical works made available to Users of Muscien by Member Artists.
CLAUSE 2. REGISTRATION
Muscien gives access to many services which may be restricted to registered Members.
The use of some Services offered by Muscien may require to register as a "Member" and provide information by filling a form to allow User identification.
The Member commits to provide Muscien with correct and comprehensive information and maintain up-to-date information by using the User Account, to which registration gives access.
A username and password give access to Services restricted to Members, as well as to the User Account. The username and password are strictly personal, and should not under any circumstances be shared with or disclosed to third parties.
Members are personally responsible for their identification details and must use them in accordance with the provisions of these General Terms of Use.
Each Member shall hold Muscien harmless from and against any wrongful use of the Member's identification details and/or resulting in a loss arising from said identification details, whether or not fraudulent, caused by the Member's own acts or omissions, or those of a third party. Please note that Muscien provides no guarantees to its Membres on this last point and recalls that it does not have the necessary technical resources to verify the real identity of persons registering for its Services. Muscien may not be held liable in the event of a theft of identification details and/or the identity of one of its Members.
If a Member notices or suspects any fraudulent use of his User Account, said Member must immediately inform Muscien by sending an e-mail to [email protected].
CLAUSE 3. USE OF SERVICES
3.1 - Artist Account creation
Registered Members may create one or more Artist profile by going on http://Muscien.com and providing the requested information in the Artist profile creation form.
The Member commits to provide correct and comprehensive information and maintain up-to-date information by using the Artist Account, to which the Artist profile creation gives access.
3.1.1 - Works publication and withdrawal by Artists
Artists shall publish their Works directly online through their Artist Account by clicking on "Upload your music".
For each publication, the Artist commits to fill in the requested information sheet by specifying for each Work and each Album, notably the real name of all right holders and the License selected (see Clause 3.1.2 below).
The Artist is responsible for providing Muscien PRO at the same time as the Works with the Materials that may be used for the distribution and promotion of the Works.
The Artist may withdraw all or part of his Works at any time, through his Artist Account.
In any case, the Artist represents that he has been informed and accepts that any Works that have been downloaded by Users or any third party authorised by Muscien prior to their withdrawal from the Services may continue to be distributed, shared and reproduced by any means. The Artist represents that he will hold Muscien harmless from and against any third-party claims in this respect.
3.1.2 - Selection of the Creative Commons License or "CC" License
Artists shall select a CC License when they publish their Works and Materials on Muscien, for each Work or for an entire Album. Depending on the type of CC License chosen by the Artist, Users may benefit from more or less extensive rights on the Works and the Materials of the Artist. Certain CC Licenses enable Users to make commercial use of the Artist's Works without compensation for the latter. Should the Artist wish to participate in the Commercial Programs offered by the Muscien LICENSING service, which may or may not give rise to compensation for the Artist, it is advisable for the Artist to preferably opt for a non-commercial CC License (NC) from among the six (6) CC Licenses listed below.
(1) CC-BY (Attribution) : enables users to distribute, remix, arrange, and adapt your work, even for commercial purposes, provided that credit of the original creation of the Work is attributed to you by citing your name.
(2) CC-BY-SA (Attribution - Sharing under the Same Conditions) : enables users to remix, arrange, and adapt your Work, even for commercial purposes, provided that credit is given to you by citing your name and that the creations derived from your Work are distributed under identical conditions.
(3) CC-BY-ND (Attribution - No Derivative Works) : allows redistribution, whether or not for commercial purposes, provided that the original work is distributed unmodified and in its entirety, with attribution and citing of your name.
(4) CC-BY-NC (Attribution - Non-commercial Use) : enables users to remix, arrange, and adapt your Work for non-commercial purposes and, although the creations derived from your Work must credit you by citing your name and not constitute a commercial use, they shall not be distributed under the same conditions.
(5) CC-BY-NC-SA (Attribution - Non-commercial Use - Sharing under the Same Conditions) : enables users to remix, arrange and adapt your work for non-commercial purposes provided that you are credited by citing your name and that the creations derived from your Work are distributed under the same conditions.
(6) CC-BY-NC-ND (Attribution - Non-commercial Use - No Derivative Works) : this license only authorizes users to download and share your Works provided that you are credited by citing your name, but they may not be modified in any way whatsoever nor used for commercial purposes.
3.1.3 - Rights granted to Muscien
The Artist grants Muscien, for the duration the Work is online, the worldwide, royalty free and non-exclusive rights to:
The Works may be downloaded in MP3 format and may be offered in different formats from time to time depending on the evolution of the Services. Third-party software may be required for the downloading of the Works.
Muscien does not warrant that the Services will operate without interruption or error, nor that access to the Services will be granted at all times, in particular in the following situations:
3.3.1 - Use of Artists' Works
Each Work is made available to Users under one of the Licenses offered by Muscien. The chosen License is indicated on the page dedicated to each Work by an icon or any other mean. By clicking on this icon, You can find information about the terms and conditions on which the Artist and Muscien allow You to use the Work.
You commit to use the Work in conformity to these General Terms of Use and the License under which the Work has been published, and more generally, not to infringe any intellectual property rights held by Artists.
Muscien offers the possibility for Artists and Users to insert on their blogs, personal websites, social networks profiles and more generally any website, a software composed of a code, a Widget and a player allowing one or more Works to be played. This insertion, and the way in which the Works are distributed, must comply with the provisions of the Licenses and these General Terms of Use. Additionally, they must also comply with the guidelines of Your hosting company.
You agree to hold Muscien harmless from and against any claims by any third party in relation to any complaint and/or action regarding the insertion and/or distribution of the Works.
You undertake not to post inappropriate or abusive content and to act loyally towards Muscien, its partners and all Users.
Accordingly, You undertake to refrain from publishing, by any mean, any content or information, in any form whatsoever:
You also undertake not to infringe the intellectual property rights of the content to which You have access when using the Services.
You agree that You are solely liable for the distribution of any text, information, data, hypertext links, music, sound recordings, photographs, drawings, videos, messages, tags or any other Materials through the Services.
In the event of a failure by a User to comply with any of the provisions of the General Terms of Use, Muscien may, without any prior warning, take any measure and notably shut down the User Account. Furthermore, Muscien may bring legal proceedings against the User.
In the event of a claim, complaint or proceedings arising out of wrongful conduct by a User or Member that directly or indirectly breach the provisions of these General Terms of Use, Muscien may take action against the User or Member whose acts gave rise to the claim, complaint or proceedings.
CLAUSE 4. PRIVACY AND PROTECTION OF PERSONAL DATA
Muscien's Services were registered with the Luxembourg Data Protection Commission on 11 June 2009.
Any data collected may be stored for one (1) year after Your last connection. You have the right to access, modify and rectify, as well as delete Your personal data. You can exercise these rights at any time by sending an e-mail to: [email protected].
Solely for the purpose of managing identities with our partners, Muscien may be required to transfer Your personal data to said partners.
You are solely liable for communicating Your personal data to third parties. Muscien may not be held liable for the use of Your personal data resulting from said communication.
CLAUSE 5. DONATIONS
Users can support Artists by making donations using the payment service provided by Muscien and notably Paypal. By using this service, you are subject to this service's general terms of use and Muscien may not be held liable for said use.
The Artist shall provide the information required for this purpose in his Artist Account and notably his Paypal account name in order to receive the donations.
CLAUSE 6. INTELLECTUAL PROPERTY
Apart from the intellectual property rights regarding the Works, Muscien is the sole holder of the intellectual property rights relating to the trademarks, patents, software, logos, graphics, photographs and animations contained on the Services. They may not be reproduced without Muscien's express consent.
Muscien hereby grants You a license to use them, strictly limited to accessing, downloading, reproducing on any digital media and use them, for private and personal purposes only, within the framework of Your use of the Services and for such time as You are registered for the Services.
When providing Muscien with content, of any kind whatsoever, excepts for Works which are subject to a specific treatment in these Terms of Use, You grant Muscien a worldwide, royalty free license for the duration of the publication of said contents. This license authorizes Muscien to reproduce, display, translate, digitize and use for advertising, commercial or non-commercial purposes, modify and adapt all of the contents for its Services. Muscien is also authorized to grant all of these rights to any third party or to any partners, for the exercise of these rights in accordance with the provisions of these Terms of Use.
CLAUSE 7. LIABILITY
7.1 - Muscien's responsibility
Muscien may not be held liable neither regarding third party content and services described in paragraph 7.2, nor for the content published on Services by Users, without a prior notification.
Muscien have no general obligation to monitor content transferred or stored via its Services. If you find or consider that content on Muscien is manifestly illegal or violate these Terms of Use you can send a notification by e-mail to [email protected] or click on the link “Report abuse or copyrighted content” located on Works' pages. You may also consult the page “Report Abuse” in which you will find more information about the procedure to respect in order to report an abuse.
Muscien may not be held liable in case of any damages, direct or incidental, including but not limited to profit or customers loss, loss of data or information stored on the Services, all Users being advised to store a backup copy of all their data and contents stored on the Services.
7.2 - Services and contents provided by third parties
Muscien's Services may include links to other websites, and services and contents provided by third parties, including but not limited to social networks sharing buttons (for example Twitter and Facebook). Muscien does not have the control on these services and contents nor on websites accessible by said links.
7.3 - Links to Third Party Websites
App may contain links to and from third party websites of our business partners, advertisers, and social media sites. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for their policies. Please check the individual policies before you submit any information to those websites.
Services and contents provided by third parties
Muscien's Services may include links to other websites, and services and contents provided by third parties, including but not limited to social networks sharing buttons (for example Twitter and Facebook). Muscien does not have the control on these services and contents nor on websites accessible by said links.
Muscien's liability may not be held for the use of these materials provided by third parties. By using these services, You accept to be subject to the service's terms of use and/or privacy policy.
Muscien uses Jamendo API Services(https://licensing.jamendo.com/en/royalty-free-music) to gather content and to play audio/videos. As such, users are agreeing to be bound by Jamendo Terms of sale, Jamendo Terms of use, Jamendo Privacy policy
Muscien's liability may not be held for the use of these materials provided by third parties. By using these services, You accept to be subject to the service's terms of use and/or privacy policy.
CLAUSE 8. TERMS OF USE MODIFICATION
Muscien may modify these General Terms of Use at any time. Unregistered Users shall refer to the latest version available on Muscien's website. Registered Members will be informed of the modifications through their User Account or through a newsletter.
Without manifestation by the User of his will to unregister from Muscien, the new version of the General Terms of Use shall be considered as tacitly accepted fifteen (15) days after the notification to the User by Muscien of the existence of a new version.
CLAUSE 9. SEVERABILITY
In the event that one of the Clauses of the General Terms of Use is held to be invalid, the parties hereby agree that the other Clauses of the General Terms of Use shall remain valid and that the Terms of Use will remain in full force and effect.
CLAUSE 10. APPLICABLE LAW
These General Terms of Use are governed by the laws of Luxembourg. Any dispute relating to their interpretation and/or their execution shall be referred to the Luxembourgish jurisdictions excluding any other competent jurisdiction.