These general terms and conditions of service for the LISTN Platform (hereinafter referred to as the "General Terms and Conditions of Service" or "GTCs" or "Contract") define the terms of online sales concluded between:
On the one hand, the company COMTAZIC, a simplified joint-stock company, with a share capital of 1,000.00 €, whose registered office is located at 72 Boulevard de la Marquette, 31000 TOULOUSE, registered with the Toulouse Trade and Companies Register under number 848 748 950, represented by Mr. Nicolas RABAUD, who is the Publisher of the Platform, hereinafter referred to as "Publisher".
And on the other hand, the artists, or their representatives, hereinafter referred to as the "Creator".
The Creator and COMTAZIC taken together, hereinafter referred to as the "Parties".
This partnership contract applies to the exclusion of any other contract and legal conditions.
The terms and expressions referred to below take on the definition set out in this Article when preceded by a capital letter, for the proper interpretation and execution of the GTCs. Any reference to the singular includes the plural and vice versa.
"BIOGRAPHY": Refers to all information related to the artist and their musical project, consisting of data, personal data, press releases, texts, and photographs.
"Campaign": Refers to one or more Services selected by the CREATOR from all the Services offered by all the CURATORS.
"Personal Account": Refers to an online digital space of a Creator, or a Curator, accessible on the Platform https://listn.live, allowing them to access the functionalities of the LISTN platform.
"Creator": Refers to artists and/or their representatives and/or agents, and/or labels, and/or distributors, and/or publishers, acting exclusively for professional purposes, holder of a Personal Account.
"Curator": Refers to all individuals, labels, and music influencers, acting exclusively for professional purposes, offering one or more Services on the Platform.
"Feedback": Refers to the act of a CURATOR responding to a CREATOR as part of a Campaign, as defined in Article 6.
"Listn Credit": Refers to the virtual currency used only on the Platform https://listn.live/ allowing payment for Services, as governed by Article 7. Media: Refers to online music platforms, FM radios, web radios, playlists, blogs, DJs (non-exhaustive list).
"Music": Refers to one (1) song or one (1) musical work, uploaded by the CREATOR to the Platform.
"Platform": Refers to all the digital functionalities and services of the internet Platform published by the company COMTAZIC accessible from the URL https://listn.live/. The Platform offers a range of features to the CREATOR allowing them to create and purchase Campaigns offered by the CURATORS, introduce them to Music, and obtain Feedback from them, with the aim of promoting and broadcasting the Music as widely as possible.
"Service": Refers to one of the services offered by a Curator among those he offers in his catalog on the Platform. A Service can be, in particular but not exclusively, the broadcasting of Music on Media and/or the creation of content, graphics, sponsored articles, press releases, or a complete advertising campaign related to Music.
"Wallet": Refers to the personal wallet of the CREATOR allowing the management of Listn Credits, and accessible from the CREATOR's Personal Account.
ARTICLE.2 OBJECT OF THE CONTRACT
2.1. The purpose of these General Terms of Service is to define the rights and obligations of the Parties in the context of connecting CREATORS with CURATORS through the Platform, so that CREATORS can purchase Campaigns offered by CURATORS. These GTCs apply exclusively to the relationship between the PUBLISHER and the CREATOR. The price for making the Platform available is included in the price of the CAMPAIGNS, which is billed to the CREATORS. 2.2. CREATORS declare that they hold all the necessary intellectual property rights to exploit the Music they will promote on the Platform under the conditions set out in Article 13. In the event that the account holder of the CREATOR is a label, or a publisher, or a manager, or a distributor, they declare that they have the necessary authorizations from the original rights holders of the Music to distribute it, promote it, and therefore more broadly use Listn in accordance with these General Terms of Service. 2.3. The Publisher undertakes to offer on the Platform the Services of the CURATORS from their own catalogs, corresponding to the needs of the CREATORS for their Campaigns. 2.4. The Publisher declares that it has regularly signed a contract with the CURATORS, under which they are remunerated for their Services.
ARTICLE.3 ACCEPTANCE AND ENTRY INTO FORCE
3.1 The Creator declares to have taken note of the following provisions before subscribing to the GTCs. The present GTCs come into effect on the date of the opening of the Personal Account. They remain applicable for the entire duration of the contractual relationship. 3.2 These GTCs are reserved for professional CREATORS as per the preliminary article of the Consumer Code. CREATORS not domiciled in the European Union agree that these GTCs also apply to them. 3.3 COMTAZIC reserves the right to modify these GTCs at any time by publishing a new version on the Platform. The GTCs are those in effect at the time of ordering a Campaign. 3.4 These GTCs apply to the exclusion of any other contract and/or legal conditions.
Access to the Platform, being the provision of digital content without material support whose execution began before the end of the retraction period, no right of retraction can be granted to the Creator for the subscription of any Service whatsoever, in accordance with Article L. 221-28, 13° of the Consumer Code.
ARTICLE.5 MANAGEMENT OF A PERSONAL ACCOUNT AND WALLET
The use of the Platform requires the Creator to create a Personal Account. The Creator commits to providing all requested information, including authentication data of their identity; otherwise, the Publisher reserves the right to refuse the creation of a Personal Account and Wallet. The Creator commits not to create a Personal Account under a false identity. Access to the Personal Account is protected by a personal and confidential password. The Creator is responsible for their password. If they notice that their account is being used fraudulently, the Creator commits to report it immediately to the PUBLISHER. Any transfer of username and password of a Personal Account and/or any assignment of the Personal Account is prohibited, except with written authorization from the PUBLISHER.
ARTICLE.6 TERMS OF PURCHASING A CAMPAIGN ON THE PLATFORM
6.1. Uploading Music and Biography
6.2. Creation of the Campaign
The Platform offers several Services from the CURATORS' catalogs. The CREATOR chooses among the proposed Services to create a Campaign. All selected Services constitute a Campaign. There is no limit to the number of Services. Once constituted, the Campaign is sent to the Curator by the Creator.
6.3. Materialization of the acceptance or refusal of the Campaign by a Curator
The Curator has a period of fifteen (15) days from receiving a Campaign request from a Creator to accept or refuse it by sending Feedback to the Creator. If the Campaign request has been accepted by the Curator, they have a period of two (2) months to:
Execute the purchased Service(s), especially but not exclusively, to broadcast the Music.
And send proof of the broadcast to the Creator on the Platform (My feed tab). If proof of the broadcast is not received within two (2) months by the Creator, the Campaign is automatically canceled, and the price paid by the Creator in Listn Credits is refunded to their Wallet.
6.4. The Feedback
One (1) Feedback is the response provided by the CURATOR to one (1) Campaign request for one (1) Music of a CREATOR. Feedback can be:
Either an acceptance. In this case, the Feedback consists of: o A positive or negative opinion on the music. This is a non-public opinion issued by the Platform's internal messaging system. o AND a broadcast on Media. o For some Campaigns, Feedback consists only of a broadcast on Media.
Or a refusal.
6.5. Payment of the Campaign price by the Curator
When creating the Campaign, the CREATOR pays the Campaign price using Listn Credits. The payment is blocked by the Platform until the CURATOR has either accepted or refused the Campaign by sending Feedback. If the Campaign is accepted by the CURATOR, the price is debited from the CREATOR's Wallet and pre-credited to the CURATOR. The price will be definitively credited upon receipt of proof of broadcast. If the Campaign is refused by the CURATOR, the price will be definitively paid to them.
6.6. No response from a Curator
If there's no Feedback from the Curator after fifteen (15) days, the Campaign request will be considered expired. The Listn Credits paid for this request will then be re-credited to the Creator's Wallet.
6.7. Determination of the number of plays, listens, and broadcasts of Music
The CREATOR is informed that the number of plays, listens, and broadcasts of Music depends solely on the Media that agreed to broadcast it. The PUBLISHER is exempt from any liability in case of changes to the broadcast times, number of plays, number of listens, and/or the duration of the Music broadcast. Indicatively, a summary table, detailed by Media, of the broadcast time, number of plays, number of listens, and/or the duration of the Music broadcast, is provided in the Annex.
6.8. Determination of the number of listens for each Music in Spotify playlists
The Platform uses statistics established by Spotify on the playlists that broadcast the CREATOR's Music over 28 days. The level of attendance and listening determines the price of Listn Credits and changes each month depending on the increase or decrease in the number of listens to the playlist.
6.9. Digital Proofs
The CREATOR accepts that the digital systems provided on the Platform at the time of ordering are proof of purchase. The Creator accepts that the proof of broadcast is a digital proof, by a display on the Platform, a hyperlink referring to the selected Media, or any other digital notification of online publication.
ARTICLE.7 PURCHASE AND PRICE OF LISTN CREDITS7.1. Purchase of Listn Credits
The price of Listn Credits is payable in euros. They take into account the VAT in force for France on the day of the Order. The price is set by the quote established from the Platform. Listn Credits are credited to the Creator's Wallet immediately after payment validation.
7.2. Operation of Listn Credits
■ Listn Credits have no monetary value. They can only be used on the Platform. Listn Credits are only usable to pay for Services. No interest rate is applied to Listn Credits. No account management fee is charged.
■ The Listn Credit Wallet can never be overdrawn. In case of insufficient funds, the Creator is invited to credit the Wallet with the amount needed for the intended Service purchase. Otherwise, the Service purchase is refused.
■ Listn Credits cannot be exchanged with other CREATORS and/or CURATORS. They cannot be transferred to another Wallet belonging to another CREATOR and/or CURATOR.
■ They are refundable either upon account closure or at the detailed written request of the Creator. In case of total inactivity of the Personal Account for 14 months, it will be closed, the Wallet will be closed, and the Listn Credits will be refunded. All refunds are made to the credit card used to purchase the Listn Credits, and in euros. Proof of identity may be requested at the time of refunding Listn Credits.
7.3. Operation of Wallets
■ If the CREATOR account holder is also a CURATOR, then the Wallet can serve the account holder for both activities.
■ Listn Credits are managed from a Wallet. This Wallet is not a bank account or a means of payment. Listn Credits placed:
Do not constitute a personal property right,
Can only be used for Service purchases on the Platform,
Have no value outside of Services and cannot be exchanged for cash,
Belong exclusively to the Personal Account holder.
■ In accordance with current legislation, the PUBLISHER reserves the right to limit the minimum and maximum amounts:
That the CREATOR can hold on the Wallet;
That the CREATOR can purchase per day/month/year on said Wallet; and/or
That the CREATOR can spend using the Wallet. The PUBLISHER reserves the right to update these limits at any time, at our discretion. ■ In March 2023, the minimum purchase amount of Listn Credits per Wallet is 5 Listn Credits; and the maximum purchase amount of Listn Credits per Wallet per month is 10,000 Listn Credits.
7.4. Campaign Prices
The price of each Service is set independently and autonomously by the PUBLISHER. This price includes the Publisher's remuneration for making the Platform available. The price of the Campaign is a package set independently by the PUBLISHER, based on notoriety, attendance, and audience indicators. The Publisher is a company legally and financially independent from CURATORS and CREATORS.
ARTICLE.8 PAYMENT TERMS
Payment for Listn Credits by the Creator is made exclusively by credit card via the Paypal platform. In accordance with Article L. 132-2 of the Monetary and Financial Code, the commitment to pay given by means of a payment card is irrevocable. By providing his credit card information, the Creator authorizes the PUBLISHER to debit his credit card for the amount corresponding to the price displayed when validating the Order. To this end, the Creator confirms that he is the holder of the card to be debited and that the name on the credit card is indeed his. If the debit of the price is impossible, the purchase of Listn Credits will be canceled.
9.1- Conformity Warranty
The Publisher guarantees that the Platform performs the functions described in the accompanying documentation and under the conditions defined therein. This warranty is exclusive of any other warranty, especially of result.
The Publisher makes every effort to guarantee permanent access to the Platform, at least 99.8% of the time. However, access to the Platform can be suspended at any time without notice, especially due to failures, network paralysis, or maintenance interventions necessary for an update and the proper functioning of the Platform.
9.3- Maintenance and Updates
As a "SaaS" mode accessible computer platform installed on servers directly managed by the Publisher, the Creator automatically benefits from corrective maintenance and possible updates to the Platform. For maintenance purposes, access to the Platform may be interrupted. The Publisher strives to perform updates requiring interruptions outside working days or hours. If maintenance is performed during working days or hours, the Publisher commits to informing the Creator one (1) week before the interruption. In this case, the Creator acknowledges and accepts that the Platform will not be operational during this period, without this being considered a breach of the Publisher's obligations under these General Service Conditions, nor entitling the Creator to any compensation. The Publisher also informs the Creator of the availability of updates and the duration of these updates.
The Publisher takes reasonable precautions to ensure the physical protection of the Platform. In the event of a security breach detected by the Publisher, which seriously compromises the security of the Platform and the Creator's data, the Publisher may, without notice, temporarily interrupt the Platform to remedy the security breach as soon as possible. In this case, the Creator cannot claim any compensation or hold the Publisher liable for any reason. However, the Publisher cannot be held responsible for elements beyond its control and damages that could potentially be suffered by the Creator's technical environment; including computers, software, network equipment, and any other material used to access or use the Platform. The Creator commits not to hinder access to the Platform and/or its proper functioning in any way that could damage, intercept, or interfere with any part of the Platform. It is recalled that fraudulently accessing or remaining in a computer system, hindering or distorting the operation of such a system, fraudulently introducing or modifying data in a computer system constitutes offenses punishable by criminal penalties. The Publisher commits to hosting the Creator's data with the level of confidentiality guaranteed by Microsoft Azure servers.
ARTICLE.10 PUBLISHER'S LIABILITY
10.1 No Liability for Campaigns
The PUBLISHER is legally and financially independent from CURATORS and CREATORS. The PUBLISHER is not responsible for the proper execution of Campaigns by the Curator, nor for the actual quality or quantity provided. The PUBLISHER does not guarantee the acceptance of the Campaign request by the Curator. The PUBLISHER cannot be held responsible for the results obtained by the Campaigns and their impact on the Creator's reputation. The PUBLISHER does not guarantee the quality of the Music or the Biography.
10.2- The Publisher is a technical provider offering a software platform. As such, it is not responsible for data, content, statements exchanged, graphics, photos, stored, entered, or transferred through the Platform. The Publisher's liability cannot be engaged for, among other things:
● Non-compliance or poor execution by the Creator of any contractual provisions,
● Difficulties or access time to the Platform due to total or partial non-compliance with an obligation, a failure, and/or paralysis at certain times of telecommunications network operators and/or Internet access providers,
● The content of transmitted and processed information,
● The choice of access granted by the Creator to each user on the Platform,
● Handling and/or interpretation errors,
● Virus contamination of the CREATORS' data and/or software, whose protection is the responsibility of the latter,
● Damages that connected equipment might suffer or their misuse, which are entirely the responsibility of the Creator,
● Possible misappropriation of Identifiers, and more generally any information of a sensitive nature for the Creator,
● The suitability of the Platform for the Creator's specific needs,
● The exploitation of the results produced by the Platform,
● The loss and/or possible destruction of data and/or information, despite the reasonable security measures implemented by the Publisher,
● Direct or indirect damages that do not result directly and exclusively from a proven breach against the Publisher, including, without limitation, operating or customer losses, any form of business disruption, intangible damages, data or information loss, or other similar loss, all actions from third parties. If the Publisher's liability is established, it is agreed that the amount of damages to which it could be condemned under these General Conditions, all damages combined, is expressly limited to the amounts actually paid by the Creator over the last 2 months.
10.3 Force Majeure
Neither party's liability can be sought if the execution of the Contract is delayed or prevented due to force majeure as defined in article 1218 of the Civil Code or a fortuitous event, or a third party or external causes. This also applies if the force majeure event affects the execution capacity of a subcontractor of the PUBLISHER.
ARTICLE.11 CREATOR'S LIABILITY
11.1- The Creator commits to using the Platform only in accordance with its intended purpose. They pledge not to misuse the Platform made available to them. They are solely responsible for the use of the Platform, especially for downloading Music and Biography. They commit to keeping their password confidential and not to disclose it to third parties for any reason. If they notice that their account is being fraudulently used, they commit to reporting it immediately to the Publisher. In case of loss of a username and password, a procedure to assign a new username and password is implemented.
11.2- In the context of their use of the Services, the Creator is prohibited from:
● Opening an account impersonating a third party,
● Using the Platform's features for illegal purposes, violating public order, or contrary to the Publisher's instructions: illegal content, violating human dignity, sexual content, defamatory, offensive, racist, or any other content that could engage the civil or criminal liability of the person publishing it,
● Using the Platform for fraudulent, illegal purposes or contrary to its normal purpose,
● Using software or other automated processes to access the Platform, perform indexing, explore, or extract data from the Platform.
ARTICLE.12 PUBLISHER'S INTELLECTUAL PROPERTY AND BRAND
12.1 Platform Ownership
■ The Platform's database, as well as all the works composing it such as software, source and object code, algorithms, videos, drawings, photographs, excluding Music and Biographies uploaded by the CREATOR, are protected by French law on intellectual property. The PUBLISHER declares to have all intellectual property rights over these works, which are its exclusive property. Any reproduction, representation, extraction, distribution, or rebroadcast, in whole or in part, of the Platform by any means without the express and prior authorization of the PUBLISHER is prohibited and would constitute an infringement sanctioned by articles L.335-2 and following of the Intellectual Property Code.
■ The brands that may appear on the PUBLISHER's Platform are registered trademarks. Therefore, CREATORS are not authorized to reproduce, represent, modify, or adapt, partially or totally, for a fee or free of charge, the brands present on the Platform, without the prior written consent of its holder. The PUBLISHER owns the "LISTN" brand (No. 4786468). Any total or partial reproduction of this brand, without the express authorization of COMTAZIC or its rights holders, is therefore prohibited, under article L 713-2 of the Intellectual Property Code.
12.2- Platform Usage License
In the context of the execution of the CGS, the PUBLISHER grants the CREATOR a non-exclusive usage license for the duration of the CGS. This usage license applies to the Platform and programs, software, databases, data, videos, drawings, photographs, and brands of which it is composed. The usage rights granted to the CREATOR are strictly limited to access, display, printing, reproduction on all media, and the use of the Platform's results for professional use. This license should not be interpreted as granting the CREATOR any other right than the aforementioned. The CREATOR is specifically prohibited from modifying, copying, reproducing, downloading, distributing, extracting, transmitting, commercially exploiting, and/or distributing the Services of the Platform or the computer codes of the elements composing the Platform in any way. They are also prohibited from interconnecting or accessing other computer programs through the Platform; from making the documentation available to third parties, directly or indirectly, for any reason, outside the cases provided for by the General Service Conditions. In particular, they are prohibited from copying, translating, modifying, correcting, improving, adapting, decompiling by reverse engineering, creating derivative works. This license will automatically end upon the termination of the General Service Conditions.
12.3- Ownership of Specific Developments
The PUBLISHER also retains ownership of all standard, complementary, or specific developments related to the Platform and Services and can freely reuse the ideas, concepts, methods, know-how, or techniques related to programming or data processing that is or will be discovered or developed by the PUBLISHER during the execution of any Service under these General Conditions. The CREATOR commits not to infringe, directly or indirectly, the PUBLISHER's intellectual property rights, whether moral or patrimonial.
ARTICLE.13 CREATOR'S INTELLECTUAL PROPERTY
13.1- Intellectual Property related to Music and Biography
The CREATOR is the sole holder of rights to the data, Music, and Biography that they have entered or uploaded to the Platform, which will be processed as part of the Services. The CREATOR declares that they have made the necessary declarations to a Collective Management Organization to benefit from collective management of their copyright and related rights. The CREATOR exempts the PUBLISHER from any liability in case of difficulty with the Collective Management Organization. The CREATOR declares and guarantees that they are the sole holder of intellectual and immaterial property rights either by being the author of the Music or by having a written mandate from the author to exploit and promote the Music. The CREATOR declares and guarantees that they can freely grant non-exclusive licenses of reproduction and representation rights to the PUBLISHER as defined below. The CREATOR further declares and guarantees that by creating, installing, or downloading data, Music, and Biography, they do not exceed any rights that may have been granted to them and that they do not infringe on third-party rights. CREATORS commit, upon simple request, to provide any useful proof of their rights' ownership, and if necessary, their mandate.
13.2- Reproduction Right License
■ The CREATOR grants the PUBLISHER, and the host they have designated, a non-exclusive, worldwide license allowing them to reproduce, host, cache, copy, and display the Music and Biography solely for the execution of Campaigns acquired on the Platform and exclusively in association or on the occasion of these, as follows:
The right to reproduce, fix, download, allow downloading, compress for the purpose of operation and execution of Services, Music, Biography, and associated content (images, video clips), in whole or in part, regardless of format, on any medium, especially electronic, digital, computer, or videographic, and by any material or immaterial process, whether these media and processes are existing or future, foreseeable or unforeseeable.
■ The CREATOR is informed that the PUBLISHER is obliged to grant one or more non-exclusive sub-licenses of the reproduction right to the CURATOR from whom they purchased a Campaign, as well as for the benefit of any Media on which the Music will be broadcast for the execution of a Campaign. The PUBLISHER has the right to transfer this reproduction right license to any CURATOR who makes a publication of the Music for the needs of executing a Campaign, which the CREATOR already accepts. This license is global. The price of this license is included in the price of the Campaigns. This reproduction right license has the same duration as the broadcasts made on the occasion of the Campaigns acquired by the CREATOR. It cannot be terminated prematurely, except with the written agreement of the CURATOR.
13.3- Representation Right License The CREATOR grants the PUBLISHER, and the host they have designated, a non-exclusive, worldwide license allowing them to use, broadcast, publicly display, and represent on the Platform, the data, Music, and Biography, solely for the execution of Campaigns acquired on the Platform, and exclusively in association or on the occasion of these, as follows:
The right to represent and publicly communicate the music and associated content, in whole or in part, online, on the Platform, through all Media, all networks, and all means of dissemination, of whatever nature, existing or future, foreseeable or unforeseeable, such as, without this list being exhaustive, communication networks including the internet and mobile telephony, public projection, television broadcasting, radio broadcasting, or display.
■ The CREATOR is informed that the PUBLISHER is obliged to grant one or more non-exclusive sub-licenses of the representation right to the CURATOR from whom they purchased a Campaign, as well as to all Media on which the Biography and/or Music will be broadcast for the execution of a Campaign. The PUBLISHER has the right to transfer this representation right license to any CURATOR who communicates the Music and/or Biography for the needs of executing a Campaign, which the CREATOR already accepts. This license is global. The price of this license is included in the price of the Campaigns.
■ This representation right license has the same duration as the broadcasts made on the occasion of the Campaigns acquired by the CREATOR. It cannot be terminated prematurely, except with the written agreement of the CURATOR.
ARTICLE.14 PERSONAL DATA FROM THE CONTRACT
In the context of the Creator's access to the Services, several personal data processing operations are implemented. The person responsible for collecting personal data is the company COMTAZIC. COMTAZIC thus declares that it complies with the personal data regulations in force in France, in its capacity as data controller under the European regulation on data protection of April 27, 2016 (GDPR) and the amended Data Protection Act of January 6, 1978. The data collected as part of the order are processed on a contractual basis, by COMTAZIC only, solely for the purpose of executing the order and constituting customer files. This data may also be used for prospecting purposes to offer the Creator products and services that may be of interest to them, provided that the Creator has given their explicit consent for this purpose. The personal data collected may be communicated to COMTAZIC's internal services and to subcontractors to whom COMTAZIC may call upon in the context of the execution of its services (in particular payment of orders, delivery) and for commercial prospecting purposes. COMTAZIC may also be required to transfer personal data to a country outside the European Union. In such a case, the PUBLISHER ensures that the processing implemented respects a level of personal data protection corresponding to that required by regulation. Personal data is kept for a period of five (5) years from the end of the contractual relationship, after which this data is permanently deleted unless the Creator expresses new consent. The Creator has rights of access, rectification, erasure, limitation, opposition, and portability of this data to a third-party provider if necessary. The Creator can assert these rights by contacting the following address: email@example.com.
They must justify their identity. In case of a dispute, the Creator has the right to refer the matter to the supervisory authority: the CNIL.
ARTICLE.15 PERSONAL DATA PROCESSED ON BEHALF OF THE CREATOR
15.1- Data Collection
In the context of the execution of these General Conditions, the PUBLISHER may process on behalf of the CREATOR, the personal data provided, including all or part of the following categories:
● Civil status, nationality, name, first name, identification data, photos, or recordings such as video or telephone recording;
● Personal contact data (e.g., postal address, phone, email);
● Professional contact data (e.g., company, postal address, phone, email);
● Banking data (RIB). These data are necessary for the management of the Personal Account, the connection with the CURATORS, and more broadly the contractual execution of the CGS. This purpose includes the following sub-purposes:
● Personal Account and Wallet management;
● Connection with the CURATOR(s);
● Data transfer to the CURATOR and Media;
● Downloading from online music platforms.
● Execution of contractual and legal obligations.
In accordance with the provisions of the Law, each person whose personal data is processed by the PUBLISHER has a right of access, rectification, erasure, portability, and opposition to the data concerning them. If a person whose personal data is processed by the PUBLISHER on behalf of the CREATOR exercises the aforementioned rights directly with the PUBLISHER, the latter will inform the CREATOR without delay. The PUBLISHER commits to assisting the CREATOR, as far as possible, in fulfilling its obligation to respond to requests to exercise the rights of the data subjects. Moreover, the PUBLISHER commits to cooperating with the CREATOR by providing, as soon as it becomes aware, any necessary and relevant information or assistance related to its services, to enable the CREATOR:
● To complete any mandatory formalities or notifications with the competent administrative authorities;
● To respond to requests from administrative and/or judicial authorities concerning the services.
15.2- PUBLISHER's Obligations
The PUBLISHER commits to:
• Process the personal data entered by the CREATOR on the Platform according to their instructions.
• Process the data only for the purposes set out in Article 15.1 above, unless further instructions are given by the CREATOR.
• Implement appropriate technical and organizational measures to protect personal data against any damage, especially accidental or unlawful destruction, accidental loss, alteration, disclosure, or unauthorized access. These measures ensure a level of security adapted to the risk associated with processing and the nature of the data to be protected, in accordance with the state of the art.
• Grant access to personal data being processed only to its staff members who strictly need it for the execution, management, and monitoring of the contract.
• Ensure the confidentiality and integrity of personal data by ensuring that authorized persons processing personal data under the Contract respect confidentiality or are subject to an appropriate legal confidentiality obligation; and that they receive the necessary training on personal data protection.
• Consider, regarding its tools, software, or services, the principles of data protection from the outset.
• Provide the CREATOR with all the necessary information to demonstrate compliance with the obligations arising from the European Data Protection Regulation, upon simple request. • Allow audits of processing activities covered by this contract to be carried out at the request and expense of the CREATOR.
• Not transfer any collected data to a country outside the European Union without the prior agreement of the CREATOR.
• Provide the CREATOR with a copy of their processed personal data in digital format, at any time during the Contract, upon quotation.
• Retain the personal data entered by the CREATOR on its servers for a period of twelve (12) months following the end date of this contract.
• Retain connection logs and queries made by the CREATOR for a period not exceeding 180 rolling days. Commit not to transfer them except upon written, express, and documented request from the CREATOR or a judicial authority.
• Destroy connection logs and queries made by the CREATOR at the end of the retention period, without the possibility of reconstructing them; except in the case of a written, express, and documented request from the CREATOR or a judicial authority.
• Notify the CREATOR of any personal data breach concerning the services it provides as soon as it becomes aware of it.
15.3- Subsequent Subcontracting
The PUBLISHER may call upon a subcontractor to carry out specific activities, subject to obtaining the prior agreement of the CREATOR.
The current list of subcontractors is available: [Note: The list seems to be missing or not provided]. In this case, the PUBLISHER will guarantee to the CREATOR that its subcontractor offers the same sufficient guarantees as it does. In general, the PUBLISHER remains liable for failures attributable to its subcontractor(s).
15.4- Personal Data Breaches
15.4.1- Data breach related to data processed by the CREATOR In the event of a personal data breach related to data processed by the CREATOR, the PUBLISHER provides assistance to the CREATOR: a) for the purpose of notifying the personal data breach to the competent supervisory authority, as soon as the CREATOR becomes aware of it, if necessary (unless the personal data breach is unlikely to result in a risk to the rights and freedoms of natural persons); b) for the purpose of obtaining the information which, in accordance with Article 33, paragraph 3, of the European Data Protection Regulation, must be included in the CREATOR's notification; c) for the purpose of meeting, in accordance with Article 34 of the European Data Protection Regulation, the obligation to communicate without undue delay the personal data breach to the data subject when the personal data breach is likely to result in a high risk to the rights and freedoms of natural persons.
15.4.2- Data breach related to data processed by the PUBLISHER If a security incident affecting the integrity or confidentiality of the aforementioned personal data stored or processed by the PUBLISHER is brought to the latter's attention, the CREATOR must be informed within twenty-four hours (24H) so that the necessary measures can be adopted without delay.
ARTICLE.16 TERMINATION OF THE CONTRACT
The application of these GTCs (General Terms and Conditions) ends upon the Creator's deregistration from the Platform. The Creator can deregister from the Platform at any time from the "Close my account" tab in their Personal Account. The deletion of the Creator's Personal Account is then automatic and immediate. If the Creator's Wallet shows a positive balance of unused Listn Credits at the end of the contract, the CREATOR is entitled to a refund of the Listn Credits under the conditions of Article 7.
ARTICLE.17 MISCELLANEOUS PROVISIONS
17.1 Invalidity of a clause of the Contract
If any provision of this Contract is nullified, this nullity will not result in the nullity of the other provisions of the Contract, which will remain in force between the Parties.
The fact that one of the Parties does not claim a breach by the other Party of any of the obligations set out herein shall not be interpreted in the future as a waiver of the obligation in question.
ARTICLE.18 DISPUTE RESOLUTION
The Creator wishing to make a complaint can send it to the email address firstname.lastname@example.org or by mail to the following address: COMTAZIC, 72 BD DE LA MARQUETTE, 31000 TOULOUSE; indicating their name, first name, order number, and the subject of their dispute. A complaint form is also available on the Platform : https://blog.listn.live/contact
18.2 Applicable law
These GTCs are subject to French law, excluding any other law or convention, regardless of the place of use.
18.3 Competent jurisdiction
Any dispute related to the execution of this contract must, in the first instance, be settled through amicable negotiation between the Parties. In the absence of an amicable agreement between the Parties within a period of one (1) month from the notification of the dispute to the other Party, any dispute relating to the execution or termination of this Contract will be submitted to the competent courts within the jurisdiction of the Court of Appeal of Toulouse.
Listn.live is the future of music promotion. Born from the insights of industry veterans, our platform is tailored for music creators navigating today's saturated music scene.
Why us? We craft precision-focused 360° promotion campaigns. By partnering with elite industry advocates—from radios and blogs to playlist curators and influencers—we guarantee music is heard by the right ears. Our curated approach factors in genre, region, and engagement, ensuring creators get in control.
All Rights Reserved © 2023 Listn.live
All content, including text, graphics, logos, images, and audio clips, on this blog is the property of Listn.live or its content suppliers and is protected by international copyright laws. Reproduction or redistribution of any part of this content without the express written consent of Listn.live is prohibited.