PREAMBLE


SYNCSING - NEWZIK, a simplified joint-stock company with a capital of 1.404,70€, registered under number 525 205 514, registered office located at 7 avenue Ingres, 75016 Paris, France, acting through its legal representative ("SYNCSING", "WE", "US" or "OUR"), publishes and operates the software NEWZIK (either in the form of the NEWZIK mobile application on iOS or the NEWZIK Web platform web.newzik.com) and website https://newzik.com/ (« NEWZIK »).


We offer an online library and reading service for the digital scores of online users of the NEWZIK community (the "USERS"). Scores are stored on NEWZIK from the USER's personal library or from the NEWZIK API, which is the intermediary between USERS and music score publishers ("PUBLISHERS"). In the latter case, it is the contract between the PUBLISHER and the USER that defines the rights on the partition stored on NEWZIK. 


These general terms and conditions of use ("T&C"), concluded between us on the one hand, and the USERS on the other hand (together referred to as "the PARTIES"), are intended to establish the contractual provisions relating to the respective rights and obligations of the PARTIES in connection with the use of the services offered on NEWZIK.


The USER acknowledges that he has expressly read, understood and accepted these T&C without limitation or condition in connection with the use of NEWZIK. These T&C constitute the complete and exclusive agreement between the USER, on the one hand, and us, on the other hand, regarding the use of NEWZIK.

These conditions do not apply to professionals who have signed separate terms and conditions. Only the contracts then signed are applicable and not these T&C.


We reserve the right to change, modify all or part of these T&C. The USER is informed of these changes when connecting to his NEWZIK account or directly by email. All USERS declare that they have the legal capacity to consent to the T&C.  


In the event of refusal to accept the T&C or any updated version, the USER is requested not to use NEWZIK and, if necessary, to delete the NEWZIK account.


It is specified that these T&C are referenced at the bottom of each page of the Web site accessible to USERS by means of a hypertext link and can therefore be consulted at any time.



OUR ROLE


NEWZIK is published by SYNCSING, which acts as (1) the USER's score library and/or (2) an intermediary to connect publishers wishing to sell their scores (the "PRODUCTS") to USERS via the NEWZIK API.


As such, we do not own the PRODUCTS sold via NEWZIK, exercises no control over them and cannot be held responsible for the quality or delivery by the PUBLISHER of the PRODUCTS resulting from the transaction between the PUBLISHER and the USER. The sales contract for each PRODUCT is therefore concluded exclusively and directly between the PUBLISHER, owner and seller of the PRODUCT and the USER. We only act as a simple technical intermediary.


All indications on PRODUCT prices and PRODUCT delivery methods are established by the PUBLISHERS without our intervention. In addition, it is specified that the PUBLISHERS do not have the status of our employee, proxy, agent or representative.



TECHNICAL SPECIFICATIONS - ACCESS TO NEWZIK


The USER acknowledges that he has the means and skills necessary to use NEWZIK. The USER is responsible for the equipment necessary to access and use NEWZIK, as well as the telecommunications costs incurred by their use.


The USER may create an account allowing him to access NEWZIK. Connection identifiers are strictly personal and must be kept secret by the USER. Any operation carried out on NEWZIK using the USER's identifiers is deemed to have been carried out by the USER, who is responsible for keeping his identifiers. 

 

The USER must ensure that the information provided for opening the account is accurate and must immediately notify us of any changes so that the information can be updated. In the event that the USER's registration information is not updated, complete and/or accurate, we reserve the right to suspend access to NEWZIK.


The USER may connect to NEWZIK with a third-party service (e.g. Facebook or Apple) and gives us thus permission to access and use his information from that service as permitted by that service and as set out in our Privacy Policy. If the USER connects to NEWZIK through a third-party service, his use of the third-party service is subject to the terms of that service.



NEWZIK FEATURES AND CONTENT 


NEWZIK is made available to the USER as is and may be subject to changes, particularly in its Features. The Features described below are subject to our obligation of means. The USER uses the functionalities according to his needs and under his sole responsibility.

  • Import of content at the initiative of users

The USER may import content (scores, texts, photos, audio, video...) to in the formats accepted on NEWZIK in order to integrate this content into its NEWZIK library for its own use and under the conditions of legal use of this content. It is prohibited to import to NEWZIK illegal content and content that is copyright protected. The USER is the sole master of what he imports under his responsibility. In the event of a complaint due to illegal content, we may suspend access to the NEWZIK account.


The USER can also share content with other users as part of creative joint projects, in real life, with, for example, sharing annotations on a score.

  • Import of user content from the NEWZIK API

When importing files from the NEWZIK API, this content will be stored in the USER's account. The USER may import content from the platforms of PUBLISHERS via the NEWZIK API, for his own use and under the conditions of legal exploitation of this content agreed with the PUBLISHER. The PUBLISHER may then decide to apply certain technical restrictions. NEWZIK allows the PUBLISHER to manage the restrictions as they may be defined in the contract between the PUBLISHER and the USER:


  • Expiration date: On the expiration date of the USER's rights to the PUBLISHER's content, the USER will no longer have access to the PUBLISHER's content as distributed by the PUBLISHER The USER shall have access to a Degraded Version, which he may use only to consult the annotations previously made by him. If the USER renews the contract with the PUBLISHER for the same content, all annotations and modifications made to the content will be fully recovered and accessible.
  • Number of licenses: The number of licenses granted by the PUBLISHER on the PUBLISHER's content corresponds to the number of users who will have access to it;
  • Printing: The PUBLISHER may permit or deny printing of the PUBLISHER's content by the USER.


The PUBLISHER undertakes to place on NEWZIK only the restrictions set out in the contract between the PUBLISHER and the USER.

The content of the NEWZIK API is accessible to users or other third parties to whom the USER decides to give access, while respecting the restrictions of the PUBLISHER.

  • YouTube API

Some content on NEWZIK may use a video player embedded from YouTube, using YouTube API services. When interacting with such content, you agree to be bound by the YouTube Terms of Service and the Google Privacy Policy.



DURATION


In order to validate his order, the USER declares that he has read and accepted the T&C before placing the order. Thus, the T&C come into force when the USER validates the order, which constitutes acceptance of the T&C.

The applicable T&C are those in force at the time of the order. The duration of these T&C is indexed to the duration of use of the NEWZIK account by the USER. The USER account can be deleted immediately:

  • at the USER's request;

  • in the event of a violation of the provisions of these T&C or of the laws and regulations in force. In this case, the account may be immediately suspended and may be deleted if a formal notice has remained without effect within a period of fifteen (15) days; 

  • in case of interruption of NEWZIK, we undertake to notify the USER, by any means, at least one (1) month before the interruption so that the latter can take its measures, in particular with regard to data backup.


The deletion of the USER's account results in the deletion of access to the USER's account and its contents. The USER is responsible for saving the content prior to the deletion request or before the scheduled deletion date.



USERS’ OBLIGATIONS


The USER must be 15 years or older and capable in its country of residence of entering into a legal binding agreement to use NEWZIK.


While using NEWZIK, each USER undertakes not to violate public order and to comply with the laws and regulations in force, to respect the rights of third parties and the provisions of these T&C. Each USER has the obligation to:


  • Perform a regular backup of his data; 
  • Behave in a fair and reasonable manner towards us, other USERS and third parties; 
  • Be honest and sincere in the information provided to us and, where applicable, to other users; 
  • Use NEWZIK in accordance with its purpose as described in these T&C;
  • Not misuse the purpose of NEWZIK to commit crimes, misdemeanors or contraventions punishable by the Criminal Code or any other law;
  • Respect the privacy of third parties and the confidentiality of exchanges;
  • Not to seek to undermine the automated data processing systems implemented on NEWZIK within the meaning of Articles 323-1 and following of the Criminal Code;
  • Do not decrease, disrupt, slow down or interrupt the normal functioning of NEWZIK.


In compliance with the legal and regulatory provisions in force and in accordance with the law and in particular the law of 29 July 1981 on freedom of the press, the USER undertakes, in particular, not to disseminate messages or information constituting wrongful denigration against us, contrary to public policy and morality, offensive, defamatory, racist, xenophobic, revisionist or damaging to the honor or reputation of others, inciting discrimination, hatred of a person or group of persons on the grounds of their origin or their membership or non-membership of an ethnic group, a specific nation, race or religion, threatening a person or group of persons, of a pedophile nature, inciting to commit a misdemeanor, a crime or an act of terrorism or advocating war crimes or crimes against humanity, inciting suicide, allowing third parties to obtain directly or indirectly pirated software, or allowing acts of piracy, viruses or malware and generally any software or other tool making it possible to infringe the rights of others and the security of persons and property.



INTELLECTUAL PROPERTY 


  • Ownership of intellectual property rights


The USER acknowledges our intellectual property rights over NEWZIK, its components and related content and waives any right to contest these rights in any form whatsoever. The trademarks, logos, slogans, graphics, photographs, animations, videos, software solutions and texts contained on NEWZIK are our exclusive intellectual property or of the PUBLISHERS and may not be reproduced, used or represented without explicit prior authorization under penalty of legal action. Warning: downloading an element of NEWZIK on your computer, does not give you any property right on this element.


Any representation or reproduction, in whole or in part, of NEWZIK and its content, by any means whatsoever, without our explicit prior authorization, or where applicable of the PUBLISHERS with regard to the content distributed by them, is prohibited and shall constitute an infringement punishable by Articles L. 335-2 and following and Articles L. 713-1 and following of the Intellectual Property Code. In particular, we expressly prohibit:

  • Extraction, by permanent or temporary transfer of all or a qualitatively or quantitatively substantial part of the content of the NEWZIK database to a medium other than the NEWZIK account, by any means and in any form whatsoever;

  • Reuse, by making available to the public all or a qualitatively or quantitatively substantial part of the content of the NEWZIK database or account, in any form whatsoever.


The acceptance of these T&C constitutes recognition by the USERS of our intellectual property rights and an undertaking to respect them. The practice of hyperlinking to a NEWZIK page is prohibited without our explicit prior written consent.


  • Newzik user licence


We grant a personal, non-exclusive and non-transferable license to USERS authorizing them to use NEWZIK in accordance with these T&C, i.e. pursuant to the copyrights and license agreements concluded with the PUBLISHERS. Any other use of NEWZIK and its content is excluded from the scope of this license and may not be made.



LIABILITY

  • Limitation of liability

It is expressly agreed between the Parties that we are subject to a general obligation of means and that it is not bound by any obligation of result or enhanced means of any kind. We undertake to do everything in its power to ensure continuity of access and use of NEWZIK, 7 days a week and 24 hours a day.


We shall not be held liable in case of damage caused in the following cases: (1) total or partial temporary unavailability of access to NEWZIK due to technical maintenance operations or software updates; (2) in the event of virus attacks; (3) if the USER or a third party use NEWZIK in an unlawful or abnormal way; (4) if the USER provides incomplete or erroneous information; or (5) in the case of a foreign event for which NEWZIK cannot be held responsible. 


We draw your attention to the fact that current Internet communication protocols make it impossible to continuously and securely ensure the transmission of electronic signals. We shall not be held responsible in the event of data loss, intrusions, viruses, breakdown of service or other problems not imputable to us.


Under no circumstances may our liability be sought, regardless of the type of action brought, for indirect damage of any kind, for example, and without the list being exhaustive, any financial or commercial loss, loss of profit, commercial disruption, damage to a third party, or action brought by a third party against the USER and their consequences, related to the present T&C or their execution. The USER is solely responsible for any damage, direct or indirect, material or immaterial, caused by himself to us or to third parties as a result of his use of NEWZIK.


It is expressly agreed between the Parties that the provisions of this clause shall continue to apply even in the event of a resolution of this clause by a court decision that has become final.

  • Web hosting provider status

The USER acknowledges our status as a web hosting provider, as defined under Article 6 I 2° of Law No. 2004-575 of June 21, 2004, regarding Confidence in the Digital Economy. 


We shall not moderate, control nor proceed to any advance validation of content uploaded to NEWZIK.



FORCE MAJEURE


We shall not be liable, or be considered to have failed its obligations set out in the T&C herein, for any failure or delay in the performance of its obligations due to force majeure as defined by the case law of the French courts and tribunals, including in particular in the event of an attack by computer hackers, unavailability of equipment, supplies or spare parts, personal or other equipment, and interruption, suspension, reduction or disturbance of electricity or other power or other disturbances or any interruptions of electronic communications networks, as well as in the event of the occurrence of any circumstance or event beyond our control occurring after the conclusion of the T&C and preventing performance under normal conditions. It is specified that, in such a situation, the USER may not claim any compensation or bring any action against us. In the event of such an event, we shall endeavor to inform the USER as soon as possible.



PERSONAL DATA


We may collect data on USERS’ personal data submitted in the forms on the Website or resulting from their use of NEWZIK. We have issued a Privacy Policy accessible here. 



PRICING


The fact of validating the order implies the obligation on the part of the USER to pay in full the price indicated at the time of the order confirmation. The prices of our services are indicated in euros all taxes included (VAT + other taxes and in particular tax on videograms, eco-tax...).


The payment of the order is made by credit or debit card or any other means we accept as indicated at the time of the payment transaction on the Apple store or via the payment service provider's secure platform. In the second case, the USER will be automatically redirected, at the payment stage of the order,  to the transactions platform of the payment service provider.


The USER is debited for the amount of his order at the time of validation of the payment and when the payment is valid, an invoice including all taxes is sent directly to the USER by email.


The price indicated at the time of payment is firm and final. Any delay in payment shall bear interest from the first day of delay at a daily rate of three (3) times the legal interest rate. 


The USER makes payment for his orders by communicating to us or his payment provider, his bank details, through the secure online payment system of the providers according to the security standards of the banking sector. The USER's banking information (card number, account reference) is not kept by us. We reserve the right to cancel or refuse any order from a USER with whom there is a dispute (unpaid, etc.).



RIGHT OF WITHDRAWAL


The USER, if it is a consumer within the meaning of the Consumer Code, has a period of fourteen (14) days to exercise his right of withdrawal, without having to justify his decision under the conditions of the Consumer Code. The USER may exercise his right of withdrawal by sending a letter to us, before the expiry of the 14-day period, in the form set out in the Annex 1 to these T&C. Once the USER has exercised his right of withdrawal, he will be reimbursed for all sums paid.


WARNING: By accepting these T&C and in accordance with Article L221-28 13° of the Consumer Code, the Client is informed that (i) if he wishes to benefit immediately from his NEWZIK account, he may expressly waive his right of withdrawal and the 14-day period for online or distance selling as provided for in the Consumer Code, (ii) and, consequently, he must pay us an amount corresponding to the service provided until the communication of his decision to retract; this amount is proportionate to the total price of opening a NEWZIK account.



GENERAL PROVISIONS


Given the nature of their exchanges and in particular the dematerialization of their relationship, the PARTIES agree that the computer records in our information system have the value of evidence. Any waiver of any provision of these T&C shall not be deemed acceptance of the breach, non-performance or subsequent breach of such provision.



GOVERNING LAW AND JURISDICTION


Unless otherwise provided, these T&C herein are governed by the laws of France. In the event of a dispute concerning their implementation, execution or interpretation, and in the absence of an amicable settlement, the competent courts are the French courts.


For the USER, if it is a consumer within the meaning of the Consumer Code in accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, NEWZIK joins the FEVAD (Fédération du e-commerce et de la vente à distance : 60, rue de Boétie - 75008 Paris - www.mediateurfevad.fr) Service du Médiateur du e-commerce.

After prior written procedure between the USER and NEWZIK, the Ombudsman's Service may be consulted for any consumer dispute whose settlement has not been successful. To find out how to contact the Ombudsman, click here

In addition, the European Commission has set up a dispute resolution platform to collect possible consumer complaints following an online purchase and forward them to the relevant national ombudsmen: ec.europa.eu/consumers/odr/


Annex 1


[Subject] Exercise of my right of withdrawal


To the attention of SYNCSING - NEWZIK – 7 avenue Ingres, 75016 Paris, France


Date :  ………………………………………………………..


I, the undersigned:


First name(s) : ……………………………………………….


Name(s) : ……………………………………………………..


hereby notifies you of my wish to withdraw from my NEWZIK subscription.

Ordered on................................................................................ 

Order number: ....................................................................

Signature (only if this form is notified on paper):


LEGAL NOTICE 


SYNCSING - NEWZIK

Simplified joint-stock company with a capital of 1.404,70€

Registered under number 525 205 514

Registered office located at 7 avenue Ingres, 75016 Paris, France

Contact email address: contact@newzik.com   

CEO : Aurélia Azoulay-Guetta


The website is hosted by:

SiteGround Spain S.L., 

Calle de Prim 19, 

28004 Madrid, Espagne

legal@siteground.com


The application is hosted by:

Amazon Web Services

Telephone: (206) 266-4064