The following terminology applies to these Terms and Conditions: “You” and “Your” refers to you, the person accessing this website and accepting CoverWithMe’s terms and conditions. “Ourselves”, “We” and "Us", refers to CoverWithMe website.
1. ACCEPTING THE TERMS
1.1 CoverWithMe is an associative, non-profit and international website, created in France, and hosted by OVH SAS, RCS Roubaix – Tourcoing 424 761 419 00045.
1.2 In using CoverWithMe website you are deemed to have read and agreed to the following terms and conditions.
1.3 You accept the Terms and Conditions either by:
(A) clicking to accept or agree to the Terms, where this option is made available to you by CoverWithMe in the user interface for any service; or
(B) by actually using the functionnalities. In this case, you understand and agree that CoverWithMe will treat your use of the functionnalities as acceptance of the Terms from that point onwards.
1.4 You may not use the services and may not accept the Terms if (a) you are not of legal age to form a binding contract with CoverWithMe, or (b) you are a person barred from receiving the services under the laws of France or any other country including the country in which you are resident or from which you use the services.
1.5 Before you continue, you should print off or save a local copy of the Universal Terms for your records.
1.6 Besides simple website consultation , you agree that you must create an account in order to use CoverWithMe services. In order to use specific services, you will have to read and accept specific terms of use that shall apply cumulatively along with the present conditions, unless otherwise stated. If there is a conflict between those two sets of rules the specific conditions shall prevail.
1.7 While using CoverWithMe website, you may be using third-party services that will be identified by their logo or their common trademark, like Youtube, Facebook, Twitter etc. In that case, you shall comply with the Terms and Conditions of these third parties, and CoverWithMe will not be liable for non-compliance with these external rules.
2. OUR WEBSITE CHANGES REGULARLY
2.1 CoverWithMe is constantly improving in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the services which CoverWithMe provides may change from time to time without prior notice to you.
2.2 As part of this continuing improvement, you acknowledge and agree that CoverWithMe may stop (permanently or temporarily) providing the services (or any features within the services) to you or to users generally at CoverWithMe’s sole discretion, without prior notice to you. You may stop using the services at any time. You do not need to specifically inform CoverWithMewhen you stop using the Services.
2.3 You acknowledge and agree that if CoverWithMe disables access to your account, you may be prevented from accessing the services, your account details or any files or other content which is contained in your account.
2.4 You acknowledge and agree that while CoverWithMe may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the services or on the amount of storage space used for the provision of any service, such fixed upper limits may be set by CoverWithMe at any time, at CoverWithMe’s discretion.
3. USE OF THE SERVICE
3.1 In order to access certain services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the service, or as part of your continued use of the services. You agree that any registration information you give to CoverWithMe will always be accurate, correct and up to date.
3.2 You agree to use the services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from France or other relevant countries).
3.3 You agree not to access (or attempt to access) any of the services by any means other than through the interface that is provided by CoverWithMe, unless you have been specifically allowed to do so in a separate agreement with CoverWithMe.
3.4 You agree that you will not engage in any activity that interferes with or disrupts the services (or the servers and networks which are connected to the services).
3.5 Unless you have been specifically permitted to do so in a separate agreement with CoverWithMe, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the services for any purpose.
3.6 You agree that you are solely responsible for (and that CoverWithMe has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which CoverWithMemay suffer) of any such breach.
3.7 You agree not to use CoverWithMe services for other purposes than that of sharing musical covers and knowledge.
3.8 You shall not post any image, idea, comment or information, of a sexual, sexist, racist, xenophobic, homophobic nature or anything which is generally contrary to the laws applicable to CoverWithMe services or which could be deemed patently offensive to the online community.
4. ACCOUNT ACCESS
4.1 You are solely responsible for protecting your UserID and Password and hereby agree to accept all responsibility for any activity that occurs under your account with your UserID and Password. CoverWithMe is not responsible for any liability arising from any unauthorized use of this service.
4.2 By using CoverWithMe website, you agree to consider your UserID and Password as confidential information and to keep your UserID and Password as such.
4.3 You also agree not to use another authorized user's UserID and Password.
4.4 You will immediately notify CoverWithMe if you become aware of any loss or theft of your password or any unauthorized use of your UserID and password, by contacting postmaster@coverwithme.com. CoverWithMe will not be liable for any loss or damage arising from your failure to comply with these obligations.
5. PERSONAL INFORMATION
We process information about you in accordance with our privacy policy which can be found at http://www.coverwithme.com/privacy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
6. CONTENT IN THE SERVICE
6.1 You understand that not all the information originate from the author of CoverWithMe, and that any other information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images, that you might find in the forum, comments or in community tools for example) which you may have access to as part of, or through your use of, the services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”.
6.2 You should be aware that Content presented to you as part of the services, including but not limited to advertisements in the services and sponsored Content within the services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to CoverWithMe (or by other persons or companies on their behalf). You shall not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by CoverWithMe or by the owners of that Content, in a separate agreement.
6.3 CoverWithMe reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any service. There are commercially available services and software to limit access to material that you may find objectionable.
7. INTELLECTUAL PROPERTY RIGHTS
7.1 We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
7.2 You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.
7.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
7.4 Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
7.5 You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
7.6 If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
8. CONTENT LICENCE FROM YOU
8.1 You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the services. By submitting, posting or displaying the content you give CoverWithMe perpetual, irrevocable, worldwide, royalty-free, and non-exclusive licence to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the services. This licence is for the sole purpose of enabling CoverWithMe to display, distribute and promote the servicesand may be revoked for certain services as defined in the Additional Terms of those services.
8.2 You agree that this licence includes a right for CoverWithMe to make such Content available to other companies, organisations or individuals with whom CoverWithMe has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.
8.3 You understand that CoverWithMe, in performing the required technical steps to provide the services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this licence shall permit CoverWithMe to take these actions.
8.4 You confirm and warrant to CoverWithMe that you have all the rights, power and authority necessary to grant the above licence.
9. ENDING RELATIONSHIP WITH COVERWITHME
9.1 The Terms will continue to apply until terminated by either you or CoverWithMe as set out below.
9.2 If you want to terminate your legal agreement with CoverWithMe, you may do so by (a) notifying CoverWithMe at any time and (b) closing your accounts for all of the services which you use, where CoverWithMe has made this option available to you. Your notice should be sent, in writing, to postmaster@coverwithme.com which is set out at the beginning of these Terms.
9.3 CoverWithMe may at any time, terminate its legal agreement with you if:
(A) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
(B) CoverWithMe is required to do so by law (for example, where the provision of the services to you is, or becomes, unlawful); or
(C) the partner with whom CoverWithMe offered the services to you has terminated its relationship with CoverWithMe or ceased to offer the services to you; or
(D) the provision of the services to you by CoverWithMe is, in CoverWithMe’s opinion, no longer commercially viable.
9.4 Nothing in this Section shall affect CoverWithMe’s rights regarding provision of services under Section 2 of the Terms.
9.5 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and CoverWithMe have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 16.6 shall continue to apply to such rights, obligations and liabilities indefinitely.
10. EXCLUSION OF WARRANTIES
10.1 The services are provided "as is" and CoverWithMe, and its licensors give you no warranty with respect to them.
10.2 In particular, CoverWithMe, and its licensors do not represent or warrant to you that:
(A) your use of the services will meet your requirements;
(B) your use of the services will be uninterrupted, timely, secure or free from error;
(C) any information obtained by you as a result of your use of the services will be accurate or reliable; and
(D) that defects in the operation or functionality of any Software provided to you as part of the services will be corrected.
10.3 No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the services except to the extent that they are expressly set out in the Terms.
10.4 Nothing in the Terms shall affect those statutory rights which you are always entitled to as a consumer and that you cannot contractually agree to alter or waive.
11. LIMITATION OF LIABILITY
11.1 Nothing in these Terms shall exclude or limit CoverWithMe’s liability for losses which may not be lawfully excluded or limited by applicable law.
11.2 CoverWithMe shall not be liable to you for:
(A) any indirect or consequential losses which may be incurred by you. This shall include any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, or any loss of data suffered by you;
(B) any loss or damage which may be incurred by you as a result of:
(i) any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the services;
(ii) any changes which CoverWithMe may make to the services, or for any permanent or temporary cessation in the provision of the services (or any features within the services);
(iii) the deletion of, corruption of, or failure to store, any Content and other communications data maintained or transmitted by or through your use of the services;
(iv) your failure to provide CoverWithMe with accurate account information;
(v) your failure to keep your password or account details secure and confidential; and
(C) any loss or damage which be caused by conflicts between CoverWithMe members.
11.3 The limitations on CoverWithMe’s liability to you in paragraph 11.2 above shall apply whether or not CoverWithMe has been advised of or should have been aware of the possibility of any such losses arising.
12. COPYRIGHT AND TRADE MARK POLICIES
It is CoverWithMe’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law and to terminating the accounts of repeat infringers. If you have any complaints or objections to make regarding the Content on the CoverWithMe website or if you believe that material of content posted on the CoverWithMe site infringes a copyright you hold, please contact us.
13. LINKS FROM OUR WEBSITE
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. When accessing a site via our website we advise you check their terms of use and privacy policies to ensure compliance and determine how they may use your information.
14. VIRUSES, HACKING AND OTHER OFFENSES
14.1 You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
14.2 By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
14.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
15. CHANGES TO THE TERMS AND CONDITIONS
15.1 CoverWithMe may make changes to the Universal Terms or Additional Terms from time to time. When these changes are made, CoverWithMe will make a new copy of the Universal Terms available at http://www.coverwithme.com/terms and any new Additional Terms will be made available to you from within, or through, the affected services.
15.2 You understand and agree that if you use the services after the date on which the Universal Terms or Additional Terms have changed, CoverWithMe will treat your use as acceptance of the updated Universal Terms or Additional Terms.
16. GENERAL LEGAL TERMS
16.1 Sometimes when you use the services, you may (as a result of, or through your use of the services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
16.2 The Terms constitute the whole legal agreement between you and CoverWithMe and govern your use of the services (but excluding any services which CoverWithMe may provide to you under a separate written agreement), and completely replace any prior agreements between you and CoverWithMe in relation to the services.
16.3 You agree that CoverWithMe may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the services.
16.4 You agree that if CoverWithMe does not exercise or enforce any legal right or remedy which is contained in the Terms (or which CoverWithMe has the benefit of under any applicable law), this will not be taken to be a formal waiver of CoverWithMe’s rights and that those rights or remedies will still be available to CoverWithMe.
16.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
16.6 The Terms, and your relationship with CoverWithMe under the Terms, shall be governed by French law. You and CoverWithMe agree to submit to the exclusive jurisdiction of the courts of France to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that CoverWithMe shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any competent jurisdiction.
