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Rules and conditions

General Terms of Use rfi-instrumental.com

The use of the services provided by the website www.rfi-instrumental.com (hereafter the “Site”) published by the company Radio France Internationale (hereafter the “Company”) is subject to the website user (hereafter the “User”) accepting the entirety of the Site’s general terms of use (hereafter the “GTU”) set out hereafter. Access to RFI Instrumental’s musical catalogue is therefore reserved for Users who have read and who accept (by clicking) the entirety of the present GTU, when they register. The Company reserves the right to change the present GTU at any time, without giving any prior notice. The present GTU were drawn up on 03/04 2008.

1. Services offered by the Site a) The Site’s aim is to make a catalogue of musical illustrations available to Users – radio and television media around the world – so that they can add sound to their own programmes broadcast on their own channels. Their “own programmes” is understood to mean any programme produced internally by the User. The RFI Instrumental catalogue includes several hundred original musical illustrations recorded by professional musicians and covering numerous musical styles. Music contained in the RFI Instrumental catalogue is accessible to radio and television media around the world – after an account has been created and validated – by downloading the tracks exclusively for the purpose of adding sound to Users’ own programmes broadcast on their channels, and subject to the relevant musical royalty declarations being made (see article 3 b) hereafter).

b) The RFI Instrumental catalogue is aimed primarily at radio and television media but is also likely to be of interest to other professionals, in particular audiovisual professionals who want to add sound to feature films, documentaries, advertisements, bonus DVDs, websites, institutional films and any other creations. In this case, and in general, for all other uses other than those set out in point a) above (for example, in the event that radio or television media would like to use recordings for purposes other than their own programmes), the people involved must request authorisation from the Company before making any use of the musical illustrations and, if necessary, pay the corresponding fees; they can write to the following address to request this authorisation: Radio France internationale 80, rue camille Desmoulins 92130 Issy-Les-Moulineaux. Mail : stephane.poulin@rfi.fr - +33 1 84 22 79 92 .

2. Conditions for accessing the RFI Instrumental catalogue Access to the RFI Instrumental catalogue offered by the Company requires the creation of an account which can be accessed using a login and password. To create an account, the User must fill out the registration form, giving his/her name, address and country among other things, and choosing a login and password. The User must also state his/her area of activity (radio/television/other), the name of his/her radio and/or television organisation, as well as the musical royalty protection society in his/her country. At the end of the form, the User must validate and accept (by clicking with the mouse) the present General Terms of Use for the Site. Once the User has registered online, a request to access downloads is automatically generated. This is then validated by the Company after verification of the User’s profile. After the Company has checked the details entered, it will send an email to the User confirming that the registration is valid. The User can then enter his/her login and password into the zone set aside for this and access the RFI Instrumental catalogue. The Company reserves the right to validate or not validate the User’s registration and therefore the User’s access to the RFI Instrumental catalogue. In fact, in so much as the payments received by the authors/publishers featured in the RFI Instrumental catalogue come exclusively from the fees distributed and paid by musical royalty protection societies (see article 3 below), the catalogue is only accessible if the following prior conditions are all met: - the catalogue is reserved for commercial and state radio and television media who have signed general representation agreements with the musical royalty protection societies in their countries and who pay these societies the corresponding fees; - the catalogue is reserved for radio and television media around the world, provided that the country in which the programmes are broadcast possesses one or more musical royalty protection society that respects professional regulations – set out at international level – that are applicable to musical author societies. The User recognises and expressly accepts the limits set out above. The User guarantees the Company against any proceedings in this respect. The User undertakes to supply and update the information required for the service to function correctly. The User alone is responsible for the confidentiality of the access to his/her account and all the operations performed using his/her login.

3. Legal use of music contained in the RFI Instrumental catalogue: declaration obligation The music downloaded by the User comes in the form of digital files protected by national and international intellectual property law provisions. These musical files can only be used within the limits set out hereafter. a) The Company grants the User the right to reproduce the music contained in the RFI Instrumental catalogue for the sole purpose of adding sound to his/her own programmes and broadcasting them on his/her radio or television channels. When using the music, the User is forbidden from changing it in any way that could alter the interpretation of the musical work. This authorisation is granted to the User on a non-exclusive basis, for the entire world and for a duration of 10 years, provided that any broadcast of the music is declared to the musical royalty protection societies in accordance with the provisions set out below, this condition being an essential and deciding element of the present General Terms of Use. It goes without saying that the User is forbidden from authorising any third party whatsoever from using in any way the music contained in the RFI Instrumental catalogue and downloaded by the User. The User guarantees the Company against any proceedings in this respect. The User is informed and recognises that, in order to control the use of the RFI Instrumental catalogue, the Company limits the number of daily downloads that the User can make. b) In accordance with article L.122-4 of the Intellectual Property Code, an author possesses an exclusive right to authorise or forbid the representation or reproduction of his/her work(s). This rule applies to works available commercially as well as to works specifically intended for audio or audiovisual illustration, and made available to professionals working in the sector by means of a musical catalogue. In practice, authors frequently belong to musical royalty protection societies that are responsible for collecting and sharing out these pecuniary rights. All of the composers/publishers of the RFI Instrumental catalogue are members of SACEM (Société des Auteurs, Compositeurs et Editeurs de Musique – the French Society for Musical Authors, Composers and Publishers) and only receive their rights if declarations are made correctly and sent to such societies. The authorisation to use the music contained in the RFI Instrumental catalogue – in accordance with the conditions set out in point a) above – is therefore subordinated to the User’s obligation to declare each of the broadcasts made of the recording to the musical royalty protection society in his/her own country and to pay the corresponding royalty fee in force. The details of the musical works (titles, composers, publishers and precise durations) for which broadcasts must be declared by Users to the musical royalty protection society in his/her own country are included in a text document attached to the work in question and sent out when the User downloads the work. At the Company’s first request, the User undertakes to provide copies of the declarations made to the musical royalty protection society in his/her own country. If proof of these declarations cannot be supplied, the Company reserves the right to deactivate the defaulting User’s account.

4. Account deactivation The Company reserves the right automatically to deactivate the User’s account without prior warning and without compensation in the following cases: - the User does not comply with the GTU; - the User acts contrary to the Company’s interests.

5. Commercial reference In accordance with the customs of the profession, the Company can include the User’s name or trading names in its professional communications.

6. Site protection Any deterioration, as well as any unauthorised total or partial representation, reproduction, modification or commercial use of the various elements of the Site is forbidden and exposes the person (people) responsible to prosecution.

7. Liability The User confirms that he/she is aware of the constraints and limitations of the internet. Under these conditions: In no circumstances can the Company be held liable for the speeds experienced when opening and consulting the Site’s pages, the speeds experienced when downloading the recordings, external slow-downs, the suspension or inaccessibility of services, and the fraudulent use by third parties of any of the information made available on the Site. It is the User’s responsibility to protect his/her technical equipment, in particular against any form of contamination by a virus and/or a hacking attempt. The Company can in no circumstances be held liable. The User alone is responsible for the installation, operation and maintenance of the technical equipment required to access the Site. In no circumstances can the Company be help liable if the service offered by the Site proves to be incompatible or presents malfunctions with certain software packages, configurations, operating systems or equipment belonging to the User. The User alone is responsible for the use that he/she makes of the services and cannot hold the Company liable for any claim and/or proceedings brought against him/her. The User undertakes to accept liability for any claim and/or proceedings brought against the Company and that are related to the User’s use of the services. Furthermore, the Company cannot be held liable in the event of non-compliance with the legislation of a foreign country where the recordings are downloaded. Finally, the Company cannot be held liable for the content of other websites presented as hyperlinks on the Site.

8. Service availability Users can normally access the services 24 hours a day, 7 days a week throughout the entire year. The Company nonetheless reserves the right temporarily to interrupt access without any prior notice and without compensation, and will not be held liable for any damages of any kind that could result from this.

9. Service modifications The Company reserves the right provisionally or definitively to modify, suspend or interrupt all or part of the services without giving the User any prior warning. The Company cannot be held liable, by the User or by third parties, for the modification, suspension or interruption of the services.

10. Jurisdiction Any litigation stemming from the interpretation or performance of the agreements binding RFI and its co-contractor will fall under the exclusive jurisdiction of the Paris Courts, which the parties recognise as competent.

 

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