BE TUNES is a platform for the online distribution of musical works providing services for artists, users and companies.
The BE TUNES services are operated by the company under Netherlands law:
KvK n°: 61992070
BTW n°: NL85458671B01
hereinafter “BE TUNES”.
The services provided by BE TUNES can be found on www.be-tunes.com and are hosted by BE TUNES and its service providers.
BE TUNES does not act as an Internet access provider or as an electronic public communications service.
These Terms and Conditions govern the use of the BE TUNES Services.
By using BE TUNES Services, whether or not they require a registration, you agree to be bound by these Terms and Conditions.
These Terms and Conditions were updated on January 1, 2017.
CLAUSE 1. DEFINITIONS
ALBUM: shall mean a set of Works published on BE TUNES.
ARTIST: shall mean the sole owner of the rights, or represent all owners of rights on Works published on BE TUNES.
CERTIFICATION: shall mean the declaration completed and signed by the Artist that may be requested at the time the Works are uploaded on BE TUNES in which the Artist reiterates some of the obligations enumerated in these Terms and Conditions.
TERMS AND CONDITIONS: shall mean these Terms and Conditions 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.
BE TUNES or SERVICES: shall mean the company under Netherlands law BE TUNES and/or the collection of services provided by BE TUNES available free of charge, on websites and mobile devices, on www.be-tunes.com.
LICENSE: shall mean the Creative Commons licenses (described on the http://creativecommons.org), or any other license allowing a similar distribution of the Works.
MATERIAL: shall mean all documents of any kind (lyrics, album cover, 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 whose registration for the Services offered by BE TUNES has been validated and confirmed.
PARTNERS: shall mean any third party, natural or legal person, client, partner, affiliate with whom BE TUNES has established or will establish commercial relations.
USER ACCOUNT or PROFILE: shall mean the personal webpage to which the Member can access using a username/email and a password after registering on BE TUNES, and containing information related to his registration and personal data he provided.
USER or YOU: shall mean any person accessing BE TUNES Services.
WORK(S): shall mean the musical works made available to Users of BE TUNES.
CLAUSE 2. REGISTRATION
BE TUNES gives access to many services which may be restricted to registered Members.
2.1 – How to register
The use of some Services offered by BE TUNES may require to register as a “Membre” and provide information by filling a form to allow User identification.
The Member commits to provide BE TUNES with correct and comprehensive information and maintain up-to-date information by using the User Account, to which registration gives access.
2.2 – Use of username/email and password
A username/email and password give access to Services restricted to Members, as well as to the User Account. The username/email 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 provisions of these Terms and Conditions.
Each Member shall hold BE TUNES 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 BE-TUNES 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. BE TUNES 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 BE TUNES by sending an e-mail to firstname.lastname@example.org.
CLAUSE 3. USE OF SERVICES
3.1 – Artist Account creation
Any Artist or official representative of the right holders may submit music to BE TUNES.
Only Registered Members can submit music by providing the requested information in the profile creation form.
The Member commits to provide correct and comprehensive information and maintain up-to-date information by using their Account, to which the submitted works are linked.
3.1.1 – Works submission by Artists
Artists shall submit their Works online through their Artist Account by clicking on “Submit Music Now”.
The Artist commits to fill in the requested informations by specifying for each Work, notably the real name of all right holders and the License compatible with BE TUNES services (see Clause 3.1.2 below).
The Artist is responsible for providing BE TUNES 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 by sending an email to email@example.com.
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 BE TUNES 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 BE TUNES harmless from and against any third-party claims in this respect.
3.1.2 – Compatible Creative Commons License or “CC” License
Artists can only use a Creative Commons Attribution License (CC-BY) when they submit their Works and Materials to BE TUNES.
Users may benefit from the extensive rights on the Works and the Materials of the Artist.
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.
If the music is already registered in a copyright society (an affiliated ASCAP Society, United States Copyright Office…), or if the Artist does not want to use this specific License, the music can not be submitted to BE TUNES.
3.1.3 – Rights granted to BE TUNES
The Artist grants BE TUNES, for the duration the Work is online, the worldwide, royalty free and non-exclusive rights to:
reproduce and have reproduced, fix and have fixed on any media, publish and have published, broadcast and have broadcast, distribute and have distributed or transfer in any format, the Works and the Materials provided by the Artist;
adapt the Works and the Materials in any format to meet BE TUNES’ or its partners’ requirements;
use the Works and the Materials on any media to promote the Artist and BE TUNES;
monetize the BE TUNES’ services by inserting advertisement that may or may not remunerate Artists.
3.1.4 – Member Artist obligations
The Artist guarantees that he is the sole right holder on the Work or that he officially represents and has the capacity to commit in the name of all right holders on the Work.
The Artist also guarantees, or guarantees on behalf of the right holders he represents, that he holds sufficient rights on the Work and that he is not bound, in any possible way, to any public or private entity, and especially but not limited to, that he is not a member nor contractually bound to any collecting society in the world, nor any entity performing the same duty, any private company and notably distributing company, broadcaster, producer or label, in a manner that would restrict his right to grant to BE TUNES or its Users, the rights and License provided for by these Terms and Conditions.
The Artist commits, or commits on behalf of the right holders he represents, not to violate these Terms and Conditions and notably the obligations enumerated in the current Clause, for the duration of Works being on BE TUNES, and not act in any manner which may conflict with rights acquired by third parties, notably BE TUNES’ Users, which may continue after an eventual withdrawal of the Works from BE TUNES.
The Artist guarantees BE TUNES, from and against any claim which may result from the violation of the obligations enumerated in the current Clause.
The Artist commits not to promote competitors from BE TUNES on the Services including, but not limited to, profiles, Works’ pages and pages dedicated to BE TUNES on third parties services (notably social networks).
BE TUNES may request the Artist to complete and sign a Certification at the time the Works are uploaded in which he reiterates some of the obligations enumerated in the current Clause and in these Terms and Conditions.
3.2 – Technical Information
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.
BE TUNES 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:
faulty use of the Services owing to unsuitable equipment;
malfunctions caused by Your Internet service provider; Internet network congestion.
BE TUNES may temporarily suspend the operation of the Services in order to implement improvements or perform maintenance and will use best endeavours to give You advance notice of any suspension.
3.3 – User obligations
3.3.1 – Use of Artists’ Works
Each Work is made available to Users under the License offered by BE TUNES. The CC-BY (Attribution) License is indicated on the page dedicated to each Work by an icon or any other mean.
The Artist and BE TUNES allow You to use the Work only if you quote at the same time the name of the Artist and « be-tunes.com ».
You commit to use the Work in conformity to these Conditions, and more generally, not to infringe any intellectual property rights held by Artists.
You agree to hold BE TUNES harmless from and against any claims by any third party in relation to any complaint and/or action regarding the distribution of the Works.
3.3.2 – Use of BE TUNES services
You undertake not to post inappropriate or abusive content and to act loyally towards BE TUNES, its partners and all Users.
Accordingly, You undertake to refrain from publishing, by any mean, any content or information, in any form whatsoever:
that may directly or indirectly harm any third party (natural person, legal person or group of persons);
that is defamatory, insulting, obscene, immoral, offensive or violent, or that incites any type of political, racist or xenophobic violence (whether physical, verbal or psychological violence), and more generally that violates the laws in force;
having the nature of personal information concerning a Member or any third party without said person’s express consent;
that infringes the intellectual property rights of their authors and/or other right holders, whether alone or incorporated into or in association with any other content;
and not using technologies of such a nature as to reduce, disrupt and/or prevent the normal operation of the Services;
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 Terms and Conditions, BE TUNES may, without any prior warning, take any measure and notably shut down the User Account. Furthermore, BE TUNES 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 Terms and Conditions, BE TUNES 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
Any data collected by BE TUNES 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: firstname.lastname@example.org.
Solely for the purpose od managing identities with our partners, BE TUNES may be required to transfer your personal data to said partners.
You are solely liable for communicating Your personal data to third parties. BE TUNES may not be held liable for the use of Your personal data resulting from said communication.
CLAUSE 5. INTELLECTUAL PROPERTY
Apart from the intellectual property rights regarding the Works, BE TUNES 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 BE TUNES’ express consent.
BE TUNES 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 BE TUNES with content, of any kind whatsoever, excepts for Works which are subject to a specific treatment in these Terms and Conditions, You grant BE TUNES a worldwide, royalty free license for the duration of the publication of said contents. This license authorizes BE TUNES to reproduce, display, translate, digitize and use for advertising, commercial or non-commercial purposes, modify and adapt all of the contents for its Services. BE TUNES 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 and Conditions.
CLAUSE 6. LIABILITY
6.1 – BE TUNES’ responsibility
BE TUNES may not be held liable neither regarding third party content and services described in paragraph 6.2, nor for the content published on Services by Users, without a prior notification.
BE TUNES have no general obligation to monitor content transferred or stored via its Services. If you find or consider that content on BE TUNES is manifestly illegal or violate these Terms and Conditions you can send a notification by e-mail to email@example.com or click on the link “Report abuse on copyrighted content” located on Works’ pages.
BE TUNES 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.
6.2 – Services and contents provided by third parties
BE TUNES’ 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). BE TUNES does not have the control on these services and contents nor on websites accessible by said links.
CLAUSE 7. TERMS AND CONDITIONS MODIFICATION
BE TUNES may modify these Terms and Conditions at any time. Unregistered Users shall refer to the latest version available on BE TUNES’ 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 BE TUNES, the new version of the Terms and Conditions shall be considered as tacitly accepted fifteen (15) days after the notification to the User by BE TUNES of the existence of a new version.
CLAUSE 8. SEVERABILITY
In the event that one of the Clauses of the Terms and Conditions is held to be invalid, the parties hereby agree that the other Clauses of the Terms and Conditions shall remain valid and that the Terms and Conditions will remain in full force and effect.
CLAUSE 9. APPLICABLE LAW
These Terms and Conditions are governed by the laws of Netherlands. Any dispute relating to their interpretation and/or their execution shall be referred to the Dutch jurisdictions excluding any other competent jurisdiction.