Soundcharts.com is an online service accessible at http://www.soundcharts.com (hereinafter “the Site”) and through the mobile application “Soundcharts” (the “App”), provided by SOUNDCHARTS S.A.S. with a capital of €361,40, registered with the Paris registry of commerce and companies under no. 809 757 560, with its registered office located at 23 avenue Corentin Cariou 75019 Paris (France) (hereinafter “Soundcharts”), providing online services of statistical and charts data, and content in relation to the exploitation of recorded music in the world at large by third-party operators (hereinafter “the Service”).
These terms of service (hereinafter “TOS”) govern the access, browsing, viewing and more generally the use of the Service by any physical or legal person whatever the conditions in which he/she accesses the Service, from whichever terminal and whichever the nature and extent of the subscription to the Service (hereinafter the “User”).
ARTICLE 1 – PURPOSE AND PRIOR ACCEPTANCE
1.1. The present TOS establish the contractual obligations between Soundcharts and any User desiring to access, consult, view and more generally use the Service from any device (personal computer, digital tablet, mobile phone).
1.2. The applicable TOS are those in force when the User creates an Account and/or when he/she subscribes to one of the offers to subscribe to the Service. The use, registration, subscription or payment entails the User’s full and complete acceptance to the TOS in force. Any User who does not wish to adhere to and comply with the applicable TOS in their entirety must refrain from using the Service in any way and, if applicable, close his/her Account.
1.3. Soundcharts reserves the right to modify the Service and the present TOS at any time, as provided herein. Consequently, Users undertake to regularly refer to the TOS to be aware of any changes that may be made, being specified that any substantial modification of these TOS will be subject to the User’s renewed consent.
ARTICLE 2 – DESCRIPTION OF THE SERVICE
2.1. The Service offers Users the ability to access, consult, view and/or use data, information and content relating to artists, phonographic and videographic recordings and albums, related statistics on sales, listening, viewing, charts, followers, audience and other elements linked to third-party services of online and offline distribution and broadcasting of music, social media networks activities of pages and accounts and other content and websites, with aggregation and analysis functionalities and tools.
The Service is made available to Users mainly by two types of subscription offers (“Subscription”). Firstly, Users can access the Service via a dashboard displaying the data and content according to a standard format determined by Soundcharts; the Subscription plan chosen by the User determines the extent of the data and functionalities which are accessible. Secondly, Users may access the Service via an API tool (“Application Programme Interface”) which allows Users to select data from the Soundcharts database, on the basis of a Subscription paid according to the amount of data requested.
The number and variety of features provided within the Service, and the access given, vary according to the type of Subscription chosen by the User (dashboard or API). Where the User has not taken a Subscription individually but accesses the Service upon the invitation or delegation of another User, the User’s features will also depend on the access granted by this User.
The Service is made available to Users through different Subscription plans, each corresponding to a different situation and potentially specific criteria. The User is invited to carefully read the eligibility terms and pricing conditions of each plan before choosing a Subscription plan and undertakes to only subscribe to plans with conditions he/she meets.
2.2. Soundcharts remains free to modify the layout, presentation, and graphic design of its Service and of the site(s), application(s) or other mediums or platforms on which it is made available.
2.3. Soundcharts remains sole decision-maker as to the way in which the features and tools of the Service are made available to Users and, where applicable, any associated advertising is displayed. Soundcharts shall determine which third-party services to include amongst the data-sources of the Service, being noted that Soundcharts will use its best efforts to provide consistent, useful, and trending data, but will not be in control of the third-party data made available at any given time. Users may not, it this regard, assert any claims, action or damage due to the modification or removal of whatever editorial content, data-source and/or functionality of the Service.
ARTICLE 3 – AVAILABILITY OF THE SERVICE
3.1. The Service is available online and requires Users to have, by their own means, an adequate, up-to-date and compatible computerized equipment, and internet access, the costs of which shall be borne by the User.
3.2. Subject to potential technical or material constraints, Soundcharts offers the Service 24 hours a day, 7 days a week. Users are informed that Soundcharts may interrupt direct or indirect access to the Service, in particular for technical or editorial reasons (such as maintenance, updating, etc.), if necessary, without prior notice or information to Users, even if Soundcharts will endeavour to inform Users in due time, subject to any technical and/or security requirements.
3.3 It is reminded that the proper functioning of the Service and the data made available on the Service depend in part on third parties and the data actually accessible. As such, Soundcharts cannot be bound by any obligation (whether best-efforts or result driven), as to the availability, continuity, extent, quantity, relevance and accuracy of the third party data provided within the Service. In this regard, no particular source of data can be guaranteed to be continuously included in the Service and therefore none individually may be considered a material per se to the Service.
ARTICLE 4 – ACCESS TO SERVICE
4.1. The functionalities of the Service are provided in consideration of a fee, subject to free trial periods that may be offered on an exceptional basis and under limited conditions of duration and access. Pricing is set by Soundcharts depending in particular on the extent of the available features, the type of Subscription (dashboard or API), the duration of Subscription and the number of artists whose data and information may be consulted.
Access to the Service via the Soundcharts dashboard is offered according to different levels of Subscription plans, the monthly or annual price of which is determined according to the extent of the features made available to Users.
Access to the Service via the Soundcharts API is offered in consideration of a fee paid periodically, based on the number of queries for data sent by the User during the previous month(s). Billing details shall be specified at the time of the Subscription.
The User has the possibility to subscribe and/or access the Service via the Site or the App, downloadable on smartphones running iOS or Android operating systems, depending on the software versions available on the corresponding application stores.
4.2. In order to access the Service, each User must create beforehand an Account including compulsory information (such as his/her name, contact details, valid email address, etc.) which must be accurate and sincere (hereinafter an “Account“).
Soundcharts reserves the possibility to refuse the registration or Subscription of any User, who may have caused difficulties in the past in relation to invoice payments or whose behavior may have proven to be contrary to these TOS or to applicable legislation.
When creating his/her Account, the User will take out a Subscription or will be invited to use the Service as part of another User ‘s Subscription:
- The “Subscriber User” subscribes to a paid Subscription and is responsible for its payment and for all Users to whom he/she grants consulting and administration permissions for this Subscription.
- The User without a Subscription is invited and appointed by a Subscriber User, directly or by the intermediary of another User acting on his/her behalf, to access to all or part of the Service within the Subscription taken out by the Subscriber User and, where applicable, may be granted administrative powers on the Subscription (payments, operations relating to invoicing, invitation of other Users, etc.), depending of the rights granted by the Subscriber User.
The Subscriber User, as the person responsible for the Subscription to the Service, disposes of the possibility to invite other Users to access his/her Subscription, according to the delegations and access permissions he/she determines. As such, the Subscriber User acknowledges and agrees that all of his/her Users shall read, accept and comply with these TOS in their entirety and guarantees such compliance on their behalf, being reminded that any breach by a User in the context of a Subscription may have an effect on the Subscription as a whole.
4.3. Soundcharts may allow new Subscriber Users (and any other User authorized by the latter) to access the Service free of charge for a limited period of time from the date of creation of a new Subscriber User Account (hereinafter the “Trial Period”). At the end of such Trial Period, the User will be free to take out a Subscription in accordance with the provisions of these TOS or to cease using the Service.
4.4. Each Account is personal and may not be used by anyone other than the User. It cannot be transferred, shared or assigned to a third party, even between Users of the same company, entity or group, or more generally between Users who depend on the same Subscription.
Each User undertakes to keep his/her login details private and confidential and not to disclose them. Each User is solely responsible for access to his/her Account with his/her login and password unless there is evidence of fraudulent use by a third party through no fault or negligence of the User.
4.5. An Account may be terminated at any time (i) by the User, as provided for in these TOS or (ii) by Soundcharts in the event of a breach of the provisions of these TOS or violation of applicable legislation, or in the event of outstanding payments.
Users acknowledge and accept that the termination of their Account implies the permanent deletion of all data, settings, information saved therein, which may not give rise to any financial or other compensatory claim. Any breach by a User may entail the termination of the Subscriber User Account, of which he/she depends and who is responsible for him/her.
4.6. Duration of the Subscription (“dashboard” only)
Following the opening of their Account, if applicable following a free Trial Period, Users will be invited to choose the type of Subscription which they intend to take.
The duration of each Subscription is chosen by the User on the basis of one or more months or years, starting from the day the Account is created.
But for termination of the Subscription before its expiry by the User, the Subscription will be tacitly renewed for the same duration as the one initially subscribed. For example, the Subscription will be renewed for a new duration of one month if the ongoing Subscription was monthly or for a new duration of twelve months if the ongoing Subscription was annual.
Unless agreed otherwise in writing by Soundcharts, a Subscription may not be terminated before its term, except when a User wishes to benefit from data and/or functionalities pertaining to a higher level of Subscription, in which case the Subscription in progress will end from the effective date of the new Subscription. Such modification will be subject to Soundcharts’ approval, in which case an amount corresponding pro rata to the duration of the remaining ongoing Subscription shall be deducted from the price of the new Subscription.
4.7. Pricing conditions
The financial terms of Subscription to the Service are expressed in United States Dollars (USD) and/or in EUROS (EUR) excluding taxes.
The applicable monthly and annual rates are those indicated in the rate sheet in force on the day on which the Subscription is taken out.
Subscription rates are determined within the conditions mentioned in Article 4.1. of the present TOS and are subject to change by Soundcharts, in which case they will apply to any contract period following their entry into force.
4.8. Terms of payment
Depending on the duration of the Subscription chosen by the User, the fee is payable monthly, annually or at another frequency corresponding to the standard duration of the Subscription.
Payment management is handled by a third-party provider of Soundcharts. Users are advised to review its terms of use and privacy policy, which are accessible at the links provided in a specific section of the Site.
The Subscriber User undertakes to provide Soundcharts at once with all information necessary for invoicing. The Subscriber User (or any other User delegated by him/her and/or acting on his/her behalf) shall proceed to the payment timely, using payment methods available on the Site (such as payment by credit card, wire transfer, direct debit, Paypal).
In the event such automatic payment fails, the User undertakes to proceed manually, before a specific deadline and under the other conditions indicated on the electronic invoice Soundcharts shall transmit in this case.
If the User has subscribed to the Service through an application store, in particular by downloading the App, billing will be handled by the application store operator (for example, Apple if the Subscription was purchased from the App Store).
Unless otherwise stipulated or agreed, the Subscription fees are due on the first day of the billing period. Failure to pay shall prevent accessibility and the normal and complete use of the Service.
4.9. Termination of Subscription
The Subscriber User (or any other User delegated by him/her and/or acting on his/her behalf) may terminate his/her Subscription directly from his Account online or by written notice to Soundcharts SAS, 23 avenue Corentin Cariou 75019 Paris (France) or by email at: contact@soundcharts.com. Termination will be effective at the end of the current Subscription period, provided that the request has been sent at least 48 (forty-eight) hours before the end of the ongoing period, and until the end date such as indicated on the User Account.
This period is reduced to 24 (twenty-four) hours if the User has subscribed to the Service through an application store.
The closing of a Subscriber User Account shall necessarily result in the termination of the current Subscription and will therefore occur at the end of the current Subscription period.
Soundcharts may terminate a Subscription in the event of a breach by a User or a Subscriber User of the of his/her obligations under the present TOS, including any beach or violation of the representations and warranties provided for herein.
In the event that the User has subscribed to the Service through the App or an application store, any payment incident is likely to result in the immediate termination of his/her Subscription by the operator of the application store concerned, without any delay afforded to remedy the incident. The User is advised the applicable terms and conditions of the relevant application store should be careful read.
ARTICLE 5 – CONDITIONS OF USE OF THE SERVICE
5.1. All Users undertake not to contravene with applicable legislation and the legitimate interests of third parties and of Soundcharts. To this end, when Users use any of the Service features, when Users are invited to, or have the possibility of, uploading, suggesting, modifying data or information on the Service, Users undertake in particular to abstain from the following:
- Using the Service, any element thereof, in a commercial form without the prior written authorization of Soundcharts, subject to data sharing expressly permitted by the Service, in a professional setting but non-commercial only;
- Disseminating data, information or content that is false, incorrect, misleading, defamatory or offensive;
- Violating applicable legislation, in particular legislation relating to intellectual property notably by publishing infringing content (including the creation of hyperlinks to websites offering infringing content or by simply providing information relating to such websites), to personality rights, to image rights and to press law, or more generally by engaging into unfair or disloyal practices to the prejudice of other Users, Soundcharts, or third parties whose service is referenced or data is analysed within the Service;
- Using the Service in order to send, in any form whatsoever, unsolicited advertising or promotional content;
- Copying, modifying, or distributing content, data, information from Soundcharts or from the Service, free of charge or in consideration of a payment, without the consent of Soundcharts, particularly under circumstances which may suggest a partnership with Soundcharts;
- Usurping the identity of a User or of Soundcharts; attempting to mislead other Users by usurping an identity, a corporate name, trade name, or by damaging the image or reputation of others, by posing as a third party or a person affiliated with Soundcharts;
- Collecting, by any means, information about Users without their consent;
- Hacking or engaging in any act of fraudulent collection of personal data;
- Spreading viruses, malware or other devices likely to harm Soundcharts or Users of the Service;
- Using, in the framework of classification or ranking tools provided on the Service, any automated means which permit a massive voting, thereby creating an artificial overload of the server;
- Interfering or attempting to interfere with the operation and/or accessibility of the Service or any other service and/or content accessible on the Internet;
- Using any automated system or software to scrape or extract data from the Site (screen data capture or « screen scraping » / « data scraping »).
In the event that a User does not observe one of the provisions referred to above, Soundcharts reserves the right to suspend or remove a User’s access to the Service and/or any Account connected to the same Subscription and reserves the right to seek appropriate compensation.
5.2. Subscription plans determine the extent of the data and functionalities which are accessible and are related to different pricing conditions. Each Subscription plan has specific pre-requisites, and the User shall select the most appropriate Subscription plan for his/her situation.
5.3. The Service is reserved to an individual use by the User within the framework of his/her professional activities. Any public exploitation of the Service and data collected and aggregated, without the authorization of Soundcharts, is prohibited. Users undertake not to exploit or communicate to third parties any information, data, content, notifications, analyses, reports, documents or any other element emanating from his/her use of the Service or the Site, except when sharing tools are specifically made available to Users by Soundcharts or when expressly authorised by Soundcharts.
In general, as long as this does not cause prejudice to the activities of Soundcharts or cause undue prejudice to the legitimate interests of Soundcharts, it may be tolerated that a User communicates, for business purposes, to co-contractors, clients and prospects, data and information derived from his/her use of the Service, provided that: this communication is not directly or indirectly incorporated into a service offer of the User to third parties; the integrity of the data and its presentation is not altered or disparaging with respect to Soundcharts; such communication is occasional and not systematic, customary or frequent; it is free and in no way remunerated, directly or indirectly; that the mention of the address of the Site (www.soundcharts.com) is systematically visible and on each page so as to clearly identify the source of the information concerned.
ARTICLE 6 – HYPERLINKS
6.1. Hyperlinks accessible on the Service may redirect Users to other websites or other Internet sources. As Soundcharts is not able to control these sites and external sources, Users acknowledge that Soundcharts cannot be held liable for the content, advertisements, products, services or other material available on or from these websites or external sources.
Moreover, Users acknowledge that Soundcharts cannot be held liable for any loss or damage in connection with the use of content, goods or services available on these sites or external sources. Likewise, Soundcharts cannot be held responsible if the content of such websites violates applicable legislation or regulations. Any error or illegal content originating from such websites must be reported to Soundcharts by the means made available on the Site.
6.2. Any sharing of a medium or material authorized by Soundcharts and originating from the Service or incorporating data or elements from the Service or from Soundcharts shall systematically include a link to the Soundcharts homepage in the following form: « Source: www.soundcharts.com ».
In all other cases, the implementation by the User of hyperlinks directing to all or part of the Service is prohibited, except with the prior written consent of Soundcharts.
Soundcharts is free to refuse this authorization without having to justify its decision. In the event that Soundcharts grants an authorization, it shall be temporary and may be withdrawn at any time, without any justification needed by Soundcharts.
ARTICLE 7 – INTELLECTUAL PROPERTY
7.1. All elements (texts, images, photographs, sounds, software, icons, graphics, layout, database, trademarks, logos, etc.) of the Service, including its structure and editorial content, are protected by intellectual property rights and notably copyright, trademark, database rights, of which Soundcharts is the owner, assignee or licensee, subject to elements owned by third parties. Therefore, any reproduction, representation, adaptation, translation and/or transformation, in part or in full, or use of any element of the Service cannot take place without the express written prior consent of Soundcharts.
7.2. Furthermore, Soundcharts is the owner of the Soundcharts trademark. By way of consequence, any reproduction, imitation or use of the Soundcharts trademark is prohibited without prior written permission of Soundcharts.
ARTICLE 8 – WARRANTIES – LIMITATION OF LIABILITY
8.1. Each User undertakes to comply with the terms of the present TOS and acknowledges that any violation thereof, by himself/herself or by any other User related to the same Subscription, may result in the immediate suspension of his/her Account, temporarily or definitively, without compensation or right to reimbursement, and without prejudice to any legal action that may be undertaken by Soundcharts.
Each User warrants that he/she meets the eligibility conditions specific to the Subscription plan he/she has selected and acknowledges that the contrary shall expose him/her to immediate suspension and/or termination of his/her Account under the abovementioned conditions.
Each User is responsible for his/her behaviour and the Subscriber User acknowledges that his/her responsibility may be engaged for any act or behaviour of a User to whom he/she has granted access to the Service via his/her Subscription.
8.2. Users are informed that the data made available and aggregated by Soundcharts originates notably from third-party sources, the continuous availability, accuracy and precision of which do not pertain to the choice or responsibility of Soundcharts. In order to provide the Service, Soundcharts processes raw information and data originating from numerous third parties, before their aggregation and reprocessing. Therefore, Soundcharts grants no warranty in relation to the continuous availability, accuracy or reliability of the information and data provided as part of the Service, even though Soundcharts will make its best efforts to provide extensive, relevant and reliable data and information via the Service.
Soundcharts does not grant any warranty with regard to the ability of the Service and its features and information to meet the expectations of the User’s professional or commercial activities, including for accounting or legal purposes.
Soundcharts does not grant any guarantee with regard to any decision made in reliance on the Service and the features and information provided. Any use of the Service in a professional, commercial, accounting or legal framework shall remain under the exclusive responsibility of the User.
Furthermore, Soundcharts assumes no responsibility in the event of misunderstanding or misinterpretation by a User of data presented and made available on the Service. In case of doubt or difficulty of understanding, Users are invited to get in touch with Soundcharts at the following email address: contact@soundcharts.com.
8.3. In the event where Soundcharts' liability is engaged, on whichever legal basis (including in the event of a third-party claim), it is expressly agreed that, to the furthest extent admitted by applicable law, Soundcharts’ maximal liability shall be limited to the aggregate amount of fees paid by the User to Soundcharts during the six (6) months preceding the date Soundcharts' liability was engaged.
8.4 In any event, Soundcharts shall not be held liable in the following cases: in the event of indirect prejudice suffered by a User, in the event of errors or omissions that are involuntary or which originate from erroneous third-party information, data or content, in the event of temporary or permanent unavailability of data which originate from third-party for any reason whatsoever, in the event of removal of features from the Service for any reason whatsoever, and more generally, in the event of a User’s non-compliance with the present TOS.
8.5. If the User uses the App, any claim and/or refund request on its part should be addressed to the operator of the relevant application store, who is responsible for managing the billing of the Service provided through the App. Soundcharts shall not be held responsible for the processing and outcome of such request.
ARTICLE 9 – PERSONAL DATA
The personal data and information relating to Users and to their use of the Service is processed by Soundcharts, acting as data controller, in accordance with the terms of the Privacy Policy. By using the Service, each User accepts the terms of this Privacy Policy.
The data collected by Soundcharts comprises on the one hand the data that the User provides and on the other hand the information that is collected in an automated way. The creation of an Account involves the communication of personal data to Soundcharts by Users. Users are informed that the refusal to disclose information labelled as mandatory during the registration process will prevent the creation of the Account and the use of certain features.
In accordance with applicable legislation on data protection, all Users have a right to access, rectify and erase their personal data held by Soundcharts, that may be exercised in writing at the following address: Soundcharts, 23 avenue Corentin Cariou 75019 Paris (France); contact@soundcharts.com.
ARTICLE 10 – FORCE MAJEURE
Circumstances considered as cases of force majeure, shall be those usually accepted as such by case law of French case law and/or within the meaning of article 1218 of the French Civil Code. Soundcharts cannot be held liable to the User for any failure of the Service due to an event of force majeure or individual acts by the User.
ARTICLE 11 – REPORTING AN ABUSE OR ERROR
Any User may report, in accordance with the conditions prescribed by law, abusive content or an error related to data or information, by clicking on the “Contact” link or by writing directly to the email address contact@soundcharts.com or to the following postal address: Soundcharts SAS, 23 avenue Corentin 75019 Paris (France).
Any report must enable Soundcharts to identify the reported content and the reason of the notification. Soundcharts may, where appropriate, request that the User provides all useful details and supporting documents for the assessment of the facts reported and the User undertakes to provide all his/her cooperation in this regard.
ARTICLE 12 – GOVERNING LAW AND JURISDICTION
The present TOS are governed by French law. Failing an amicable settlement, any dispute relating to their validity, their interpretation or their execution shall pertain to French courts.
ARTICLE 13 – MISCELLANEOUS PROVISIONS
13.1. In the event that any provision contained in these TOS is held to be illegal, invalid or unenforceable, for any reason whatsoever, it shall be considered as though it had not been written and the remaining provisions of these TOS shall remain in effect and continue to apply between Users and Soundcharts.
13.2. Nothing in these TOS affects the rights that a User has in a capacity as consumer, which rights cannot be altered or which the User cannot relinquish within the framework of a contract. As a result, some of the restrictions and limitations mentioned in these TOS will not apply to Users who use the Service as a consumer (i.e. any natural person acting for purposes that are not part of his/her commercial, industrial, artisanal or liberal activity) residing in a country of the European Union.
In the event where the User uses the Service as a consumer, the User acknowledges and expressly agrees (i) that the provision of the Service starts immediately after the validation of his/her registration with the Soundcharts Service, that is to say before the end of the fourteen clear days period provided by law and (ii) acknowledges and agrees accordingly not to benefit from the right of withdrawal related to the online sale. Consequently, no request for withdrawal, cancellation or refund will be admissible for the period subscribed.
13.3 All provisions of the present TOS which by their nature should survive termination shall survive termination, including, without limitation, intellectual property provisions, warranties, disclaimers, indemnities and limitations of liability.
ARTICLE 14 – GENERAL
The Service is accessible at the URL address http://www.soundcharts.com and at any other address, application or location designated by Soundcharts.
The Service is published by SOUNDCHARTS S.A.S., a company incorporated under French law, with a capital of €361,40, registered with the Paris registry of commerce and companies under no. 809 757 560, with its registered office located at 23 avenue Corentin Cariou 75019 Paris (France), and whose President is Mr David WEISZFELD.
For any questions about the company or the service, please send your questions by email to: contact@soundcharts.com.
The website’s Director of the Publication is Mr. David Weiszfeld.
The information on the hosting provider of the Service is provided in the section “Legal Notice”.
