Terms and conditions of MySurround to individuals for personal use

Date: May 29, 2009



Preamble

By validating his order, the Customer unreservedly accepts the terms of these terms and conditions.

It is understood by "Mysurround" both the site and its variations www.mysurround.com international, ie mysurround followed by other extensions such as mysurround.fr, mysurround.br, mysurround.ch, mysurround.pl, mysurround . eu mysurround.co.uk, etc.. and the web pages belonging to the field mysurround.com. Mysurround acts as the commercial name of DBR Prod SARL, BP 41, F-14440 Douvres-la-Delivrande registered under 501 513 790 RCS Caen.

Article 1 - Purpose

These terms and conditions are valid between MySurround and individuals. They concern music files downloaded from Mysurround for personal use, whether those files are sold or promoted for free.

Article 2 - Validity and revision

These terms and conditions are valid on the date shown at the beginning of the document and for purchases made from that date to the future updates of this contract. Mysurround reserves the right to change the Terms of Use Site at any time.

Updates will be made on Mysurround. These updates supersede previous terms and conditions.

Article 3 – Price list and tariffs

Tariffs are valid for individuals. Professionals are invited to contact MySurround for contracting and pricing information on the following email address: contact@mysurround.com

The tariffs are shown on Mysurround along with the files to download. Rates and special discounts are subject to change without notice. Unless explicitly stated, prices include VAT.

Article 4 – Payment means, settlement and invoice

Mysurround decides unilaterally the payment means provided to the Customer, and reserves the right to change this choice without notice.

The payment mode is e-money via the Internet site Mysurround.

An electronic invoice will be sent to the Customer email address based on his account. No paper invoice will be issued.

Article 5 – Liability limitation

Article 5a - Download means

Mysurround does its best to ensure the Customer can download the purchased file by sub-contracting files hosting to dedicated companies, and also providing means to the customer so that he can restart the download in case of failure. However Mysurround undertakes no obligation on the speed or success of the download.

For costs and security reasons, downloads are time-limited:

Single songs are available for download 1 hour after payment.

Albums are available 4 hours after payment.

Article 5b – No functional warranty

Music files to download on Mysurround are made with state of the art production tools, with the help of technology and tests by DBR Prod. However, the wide variety of devices and equipment, plus Customer's participation to process makes a functional commitment impossible at this stage. Therefore, MySurround declines any functional warranty. The Customer must take all measures necessary for the proper functioning of files purchased. One of these measures is the use of test files made available free Mysurround.com.

Article 5c – No damage warranty

The files sold or given free of charge are provided "as is" without any kind of warranty. Mysurround declines any responsiblity for direct or indirect damages, whether material, financial, moral, physical or medical damages caused to the Customer or to any third party or to any hardware, including in the cases of correct application of MySurround instructions.

Article 5d - No artistic warranty and editorial responsibility

Mysurround strives to the best technical and artistic quality of music. However the files available for purchase are not subject to a warranty of Customer satisfaction.

The words or words contained in the files provided on the website are the responsibility of their authors, not Mysurround's.

Article 5e - Viruses, malware

The files on MySurround are tested by one or more anti-virus software. However, Mysurround.com declines responsibility of providing virus-free files. The Customer must take by himself all the protective measures he wants to protect against malicious software or files.

Article 5f - Operation Site

Mysurround does its best to have a full-time working website but declines a 24/24 7/7 reliability. Mysurround also reserves the right to disable its website(s) temporarily or permanently for changes and maintenance. If the website has been disabled by Mysurround notice, no compensation will be made to the Customer. In other cases, if the Customer faces a download issue due to a technical initiative Mysurround, he may ask a renewal of download. For this the client will send a request by email to contact@mysurround.com

Article 6 - Customer account and personal data

In order to implement the necessary operational resources to this contract, the Customer must supply his email address on Mysurround. Other information is optional.

Mysurround provides the necessary options to the Customer to choose whether or not he will receive promotional offers from Mysurround or third parties. The customer can unsubscribe via the administration interface made available by Mysurround.

The legislation on the processing of personal data is exclusively that of France.

Article 7 - Suspension and Termination

Mysurround reserves the right to suspend without notice a Customer account if his download history shows a misuse of the service. The suspension will place the Customer on the blacklist for 1 month, unabling the Customer to continue to purchase. The customer will be notified via his email.

In case of repeated misuse or serious fraud, Mysurround reserves the right to close the account, i.e. deny access to the web site by any available means (Customer account, IP address,...). Customer information will be stored for possible legal action.

No compensation will be made in those two cases.

Article 8 - Contents

Section 8.1 Intellectual property

The contents sold or made available free of charge by MySurround are protected by copyright laws. Purchasing contents does not confer any intellectual property rights on the contents. Any unauthorized use of Mysurround content is an act of infringement.

Unless otherwise specified, it is not allowed to redistribute the contents to third persons, either as free or not.

Unless otherwise specified, it is not allowed to modify the contents.

It is strictly forbidden to resell the content Mysurround without prior permission.

Section 8.2 Website modifications

MySurround reserves the right to update the website and to remove, add, modify contents, without notice.

Article 9 - Applicable law - Court of law

This contract is subject to the french law. In case of dispute concerning the application or interpretation of this contract, the Customer will address his request to contact@mysurround.com or by mail at:

MySurround c/o DBR Prod

BP 41

14440 Douvres-la-Délivrande

France



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