General Conditions of Use of the “Artist Profiles” Service
ARTICLE I. OBJECT AND SCOPE
The present General Conditions of Use describe the terms and conditions under which the User must use the Internet Site www.happening.media and the mobile applications (hereinafter the “Internet Site” or the “Platform”) operated by HAPPENING TECHNOLOGIES.
The use of all or part of the Platform entails express acceptance of these General Conditions of Use which thus form an agreement (hereinafter the “Agreement”) between the User and HAPPENING TECHNOLOGIES concerning the use of the Platform.
Any internet user wishing to access the Platform thus states that he has inspected beforehand these General Conditions of Use and accepts them and undertakes to respect them without reserve.
These Conditions of Use are supplemented by the applicable General Conditions of Subscription by ticking the box provided for this purpose, in the event of subscription to the “ARTIST PROFILES” Service offered on the Platform.
ARTICLE II. DEFINITIONS
The words and expressions contained hereinafter which begin with a capital letter, irrespective of whether they are in the singular or the plural, are used herein, as well as in the potentially applicable General Conditions of Subscription, with the following meanings:
Content(s) means the entire Internet Site and all the elements comprising it, graphic charts, tools, modules, programmes, software programmes, software packages, editorial contents, columns, information, drawings, graphic designs, messages, articles, videos, audio files, images, trademarks, logos, etc., i.e. all data of any kind integrated, generated and published by the Platform for which HAPPENING TECHNOLOGIES holds the exclusive rights of use.
Equipment means all hardware, computer, communication and network equipment, Intranet, Internet connections, central processing units, servers, Users’ software, placed under the full responsibility of the latter.
User means the natural person or legal entity navigating on the Platform using its Equipment and which shall undertake to respect these General Conditions of Use from the time of his/her/its connection.
Platform means the Internet site which can be accessed via the URL address www.happening.media and the mobile application owned by HAPPENING TECHNOLOGIES. The Platform is made up of the Contents and offers the Service under the conditions governed by the General Conditions of Subscription applicable to Subscriber Users and to the General Conditions applicable to non-Subscriber Users.
ARTICLE III. LEGAL NOTICES
The owner of the Platform and the provider of the Service is the Company HAPPENING TECHNOLOGIES S.A., a société anonyme (public limited company), whose registered office is located at 15, rue du Curé (L-1368), Luxembourg and which is registered in the Luxembourg Trade and Companies Register under no. B 194544.
Intercommunity VAT number: LU 27505242
Contact: [email protected]
Duly represented by HACA PARTNERS Sàrl, a société à responsabilité limitée (private limited company), whose registered office is located at 75 route de Luxembourg, L-7240 Bereldange, and which is registered in the Luxembourg Trade and Companies Register under no. B 204968, the managing director (administrateur délégué), itself represented by Mr Cyril Cayez in his capacity as permanent representative (“Happening Technologies”).
The Platform www.happening.media is hosted on the servers located in Germany by the company OVH, a société par actions simplifiées (simplified coproration), whose registered office is located at 2, rue Kellerman (F-59100) Roubaix, France, and which is registered in the Lille Trade and Companies Register under no. 424 761 419.
ARTICLE IV. TECHNICAL PREREQUISITES
To be able to navigate on the Platform, the User must without fail have at his/her/its disposal equipment which is compatible as well as an Internet connection. The User is personally responsible for changes to or the updating of the software necessary for the use of the Platform.
ARTICLE V. POSSIBILITIES FOR ACCESSING THE PLATFORM
The User has several possibilities for accessing the contents of the Platform.
- He/she/it may subscribe to the Service and thus have access to all the contents of the Platform
- Subscription for a User
- He/she/it may enter into a license agreement by subscribing to the Service and thus grant several persons access to the Content of the Platform.
- Subscription for Users using the Platform via a Licensed Party
- He/she/it may purchase one or more sheets contained on the Platform where he/she/it may consult one or more sheets which have been paid for by a Subscriber or a Licensed Party.
- One-time purchase of one or more sheets or consultation, after payment by a Subscriber or a Licensed Party, of one or more sheets.
ARTICLE VI. INTELLECTUAL PROPERTY
All the elements making up the Platform (i.e. the “Contents”) are the exclusive property of HAPPENING TECHNOLOGIES or third parties which have authorised HAPPENING TECHNOLOGIES to use them.
The User is therefore prohibited without reserve, in any manner or on any medium, in full or in part, from:
- Modifying, copying, translating, adapting, reproducing, distributing, disseminating, transferring or creating a derivative work on the basis of any element of the Platform and its Contents;
- Creating Internet links to or from the Platform, or from producing frames or “mirror” sites containing all or part of the Platform on its Intranet, even for exclusively internal purposes;
- Disassembling, reverse engineering or decompiling the Platform or all or part of the Contents or the technology of HAPPENING TECHNOLOGIES, or merely from accessing it and using it for the purposes of (a) creating a competing product or service, (b) creating a product or a service using ideas, characteristics, functions or graphics of the Service.
In general, the User is informed that:
- any total or partial representation of the Platform by any procedure whatsoever without the express authorisation of HAPPENING TECHNOLOGIES is strictly prohibited and would constitute a counterfeiting act and that HAPPENING TECHNOLOGIES reserves the right to take any legal action.
- the act of making the Platform temporarily available cannot be interpreted to mean the transfer of any intellectual property right in favour of the User.
ARTICLE VII. LIMITATION OF LIABILITY OF HAPPENING TECHNOLOGIES
The User recognises and accepts that the Platform is put online and can be used “as is”, with the result that HAPPENING TECHNOLOGIES, as well as its affiliates, sub-contractors or any third party contractually linked to HAPPENING TECHNOLOGIES, declines any explicit or implicit guarantee, including, and without limitation, any guarantee against hidden defects or guarantee that the use of the Platform will be secure, rapid, without interruption, without error or without infection by virus taking into account the constraints inherent in making available a Platform connected to Internet.
HAPPENING TECHNOLOGIES may not, under any circumstances, be held liable for any damage, direct or indirect, which may result from errors, omissions and/or delays in the transmission and the publication of information / Contents made available on the Platform.
ARTICLE VIII. UNILATERAL RIGHT OF MODIFICATION OF HAPPENING TECHNOLOGIES
Section 8.01 Modification of the Platform.
HAPPENING TECHNOLOGIES reserves the right to modify unilaterally, at any time, all or part of the Platform in particular in case of technical, legal or case-law developments or during the implementation of new services.
HAPPENING TECHNOLOGIES may, for example, modify the visuals, graphic charts and other elements and/or Contents of the Platform at its sole discretion.
Section 8.02. Modification of these General Conditions of Use.
HAPPENING TECHNOLOGIES reserves the right to modify unilaterally, at any time and without notice, these General Conditions of Use. The User must therefore verify regularly, at each connection, the General Conditions of Use and shall undertake to cease immediately any use of the Platform in the event of refusal of these General Conditions of Use, as the User is obliged to accept the General Conditions of Use without reserve from the first day of use of the Platform.
ARTICLE IX. GATHERING OF STATISTICAL BROWSING INFORMATION (“COOKIES”)
HAPPENING TECHNOLOGIES draws the attention of Users to the fact that certain information may be registered by its servers (browser used, IP address, geolocalisation, etc.).
Cookies are in effect likely to be installed automatically on the browser software of the Users of the Platform.
Cookies are small information files which register data relating to the browsing of Users (pages consulted, date and time of consultation, etc.) for the purposes of facilitating access to the Platform notably, and to which HAPPENING TECHNOLOGIES may have access.
ARTICLE X. LAW AND LANGUAGE APPLICABLE TO THE AGREEMENT – COMPETENT COURTS
This Agreement is drawn up in English, which is the language chosen and used by the two parties in their contractual relations.
The Agreement is governed by Luxembourg law.
The Courts of the Judicial District of Luxembourg shall have jurisdiction for any dispute relating to the interpretation or execution of this Agreement.