Conditions Générales D'Utilisation

1. Preamble

1.1 The purpose of these terms and conditions is to govern the relationship between NOOMIZ and the Artist, including use of the Content uploaded by the Artist to the www.noomiz.com website.

1.2 The Website is the property of the company NOOMIZ SAS ("NOOMIZ"). Share capital: EUR 23.118

Company Registration Number:512 631 011

SIRET No:51263101100016

Intracommunity VAT No: FR4651263101100016

Registered Office: 31, avenue Trudaine, 75009 Paris

Correspondence address: 7,rue André messager, 75018 Paris

E-mail address: contact@noomiz.com

Website host:OVH

Legal Representative: Thomas Artiguebieille

Name of publication director: Thomas Artiguebieille

Personal data handled by the website is subject to a declaration with the French Data Protection Authority (CNIL - No. 1398652).

2. Definitions

Website: refers to the website www.noomiz.com.

Content: refers to any written text, image, sound, video, and, in general, any content uploaded by the Artist to the Website.

Artist:refers to the internet user uploading Content to the Website.

NOOMIZ Community: refers to all internet users registered on the Website, including the Artist.

Professional Clients:refers mainly to publishers, record companies and labels, promoters, managers and communication agencies contractually associated with Noomiz.

Professional Partners: refers to music industry professionals who have entered a partnership agreement with NOOMIZ.

Artist Space:refers to the Artist's customized space on the Site to which the Artist uploads Content.

3. Objective

NOOMIZ provides the Artist with an option to create his or her own Artist Space on the Website to enable him or her to upload Content and interact with the NOOMIZ Community.

4. Allocation of Points and Meetings

4.1 The Artist is able to accumulate points by way of interaction of the Artist Space with the NOOMIZ Community.

4.2 Points are allocated to the Artist in accordance with different criteria, in particular in relation to the "quality" of the audience generated by the Artist Space (recurrence of visits and listens, adding to playlists, etc.) as well as the Artist's activity.

4.3 An algorithm is used to calculate the points allocated to the Artist.

4.4 Each month, NOOMIZ will make a selection of the Artists who have acquired the most points ("NOOMIZ Selection"). The NOOMIZ Selection is made up of the 100 Artists who have accumulated the most points. NOOMIZ will submit the NOOMIZ Selection to Professional Partners who can decide whether to meet one or more Artists in order to give advice.

4.5 The travel costs for the Artist selected for a meeting with a Professional Partner will be at the Artist's own expense.

4.6 NOOMIZ cannot be held responsible in any way in the event that a meeting is canceled by the Professional Partner.

4.7 The Artist selected for a meeting with a Professional Partner remains free not to attend the meeting.

4.8 NOOMIZ does not guarantee that the meeting will be followed by signing of a contract with the Professional Partner. The Artist remains free to refuse an offer of a contract made by the Professional Partner following the meeting.

4.9 In the event of a contract offer made by a Professional Partner following the meeting, the Artists negotiate the terms of this agreement alone. In addition, the Artist remains free to refuse an offer of a contract made by the Professional Partner.

5. Creating an Account

5.1 In order to create his/her Artist Space and use all the functions of the website, the artist must first have a NOOMIZ account. In order to open a NOOMIZ account, the Artist must fill in the relevant online form and provide, in particular, his/her e-mail address and password. His/her registration is valid for an indeterminate period.

5.2 The Artist guarantees NOOMIZ that all the information entered in the form online is correct. NOOMIZ will perform spot checks with regard to the accuracy of information and reserves the right to terminate, unilaterally and immediately, the registration of any Artist who has uploaded incorrect information about him or herself.

5.3 As soon as the form has been completed and confirmed, an e-mail is sent to the Artist inviting him/her to click on a link to confirm his/her registration. Once the account has been created, the Artist must fill out the additional online forms required. Artists must connect to the Website using their e-mail address and password in order to use any of the Website functions.

5.4 Artists may terminate their registration at any time without providing any specific explanation, in writing to NOOMIZ, 5, rue d'Uzès, 75002 Paris or by e-mail: contact@noomiz.com

6. Obligations and responsibilities

6.1 The Artist declares that he/she is the owner of all intellectual property rights relating to the Content or that he/she has obtained all necessary authorizations to upload the Content to the Website. In general, the Artist alone is responsible for obtaining all necessary authorization to upload and use Content in the context of the Website.

6.2 The Artist agrees that the Content is not contrary to the rights of third parties nor any laws and regulations in force whatsoever and guarantees to cover NOOMIZ in respect of any legal action brought against NOOMIZ with regard to the Content and agrees to indemnify NOOMIZ for any sum that NOOMIZ might be obliged to pay in this regard, in particular for any judgments, solicitors fees and legal costs.

6.3 The Artist agrees in particular to comply with the following rules

• Not to upload Content in contravention of the rights of another or of a defamatory, injurious, obscene, pornographic, pedophile, violent or with the ability to incite violence, racist or xenophobic in nature and, more generally, any content contrary to the objectives of the Website, to laws and regulations in force, to human rights, public order, and morality ;
• Not to upload Content with the effect of disorganizing or preventing normal use of the Website, interrupting or slowing down the normal flow of communication with other users such as software, viruses, sending of bulk e-mails, etc. ;
• Not to distribute, in any form whatsoever, information or content including links to third party sites of an illegal nature, particularly contrary to morality and/or not compliant with the objectives of the Website.
• Not to distribute, in any form whatsoever, promotional or advertising messages not associated with a musical work without the prior authorization of NOOMIZ.

6.4 The Artist alone is responsible for the Content that he/she uploads to the Website. In its capacity as host provider, NOOMIZ is in no way responsible for the Content uploaded by the Artist and has no obligation to monitor the content uploaded by the Artist.

6.5 Without prejudice to the above paragraph, NOOMIZ provides the NOOMIZ Community with an online form allowing any member of the NOOMIZ Community to draw unlawful Content to its attention.

6.6 Independently of criminal sanctions (prison sentences and fines) and orders to pay damages and interest to which the Artist would be exposed on his/her own account, NOOMIZ reserves the right to remove the Content uploaded by the Artist at any time and to put an end, either temporarily or permanently, to the right of the Artist to use the Website.

7. Intellectual Property

7.1 Intellectual Property of the Artist

The Artist grants NOOMIZ a free and non-exclusive right to use the Content in the strict context of the purpose of the Website so that it may be viewed by the NOOMIZ Community, Professional Partners and Professional Clients.

This simple usage authorization does not confer a transfer of intellectual property rights in relation to the Content uploaded by the Artist for the benefit of NOOMIZ.

Consequently, the Artist remains free:

• To grant authorizations for use of the Content to any third party other than NOOMIZ,
• To withdraw the Content from the Website at any time.

7.2 Intellectual Property of NOOMIZ

The Site is the exclusive property of NOOMIZ and NOOMIZ is the exclusive owner of all the intellectual property rights in relation to the Website. NOOMIZ also owns all intellectual property rights in relation to the structure, presentation, and components of the Website (in particular, any text, graphics, logos, names, brands, descriptions, tabs, functions, interfaces, images, sounds, data, photographs, and any other equipment or software, and any content included or accessible on and/or via the Website other than the Artist's Content ("NOOMIZ content").

In general, NOOMIZ grants the Artist a free, personal, non-exclusive, and non-transferable right to access and use the Website subject to his/her acceptance and compliance with the General Terms and Conditions.

In this regard, NOOMIZ content must never be reproduced, represented, downloaded, copied, altered, modified, distorted, removed, distributed, transferred, distributed, sold, hired, conceded, or used, in whole or in part, in any way whatsoever, in any medium whatsoever, or used to create one or more derived works without the express, written agreement of NOOMIZ.

8. Personal Data

When registering on the Website, the Artist consents for NOOMIZ to collect certain data of a personal nature, for which the Artist agrees to provide complete, accurate, and up-to-date information. This information is required for management of the Website.

The Artist consents for the information submitted during registration to be submitted to the Professional Partners and Clients in order to fulfill the objective of the Website which is to promote the emergence and development of artists while respecting the rights of the latter. In this regard, and in addition to the meetings with Professional Partners, NOOMIZ makes IT tools available to Professional Partners and Professional Clients.

The Artist may, if he/she wishes, authorize NOOMIZ to send him/her information letters by post. The Artist can also authorize NOOMIZ to issue the data submitted during registration to third parties for marketing purposes by checking the box provided for this purpose. In accordance with law no. 78-17 of January 6, 1978, handling of personal data in relation to the Artist is subject to a declaration with the French Data Protection Authority (CNIL - No. 1398652) and any Artist has the right to access, rectify, oppose, and request information regarding the data concerning him/her which can be exercised via NOOMIZ, 5, rue d'Uzès, 75002 Paris, or by using the following e-mail address: contact@noomiz.com, indicating his/her first and last name.

Moreover, in order to facilitate use of the Website, the Artist is notified that one or more cookies may be placed on his/her hard drive.

The Artist is also notified that it is possible to prevent the installation of cookies by following the procedure indicated in his/her browser. However, in this case, use of the Website may be altered.

9. General provisions

9.1 Applicable law/disputes

These terms and conditions are subject to French law. Their language is French. Any dispute would be under the jurisdiction of French courts only.

9.2 Validity

Invalidity of one of the provisions of these terms and conditions does not entail invalidity of the other provisions.

9.3 Modification of terms and conditions

NOOMIZ reserves the right to alter the terms and conditions at any time. In this event, the modifications will be subject to a specific note on the Website. In this respect, the Artist accepts that his/her access to the Website after the date of the modifications, carries with it acceptance of the modified terms and conditions.