General Terms of Use

Last update on May 24th 2018

These General Terms of Use are an english translation of the french version which is the official legal version of these General Terms of Use. This translation is here for your information and has no legal value.

Article 1 - Pre-requisites
Article 2 - Legal Notice
Article 3 - Data processing and liberty
Article 4 - Restrictions
Article 5 - Security
Article 6 - Property rights on contents
Article 7 - Displayed content
Article 8 - Responsibilities
Article 9 - Compensation
Article 10 - Modifications of the General Terms of Use
Article 11 - Applicable law and place of jurisdiction

Article 1 - Pre-requisites

1.1 These General Terms of Use govern the terms of use applicable to the services provided by the server reachable via the internet address https://www.yourasianmusic.com. All these services are hereafter designated: the Service.

1.2 The User of the Service (hereafter referred to the User) acknowledges having read these General Terms of Use and undertakes to respect them, fully and without reservation.

Article 2 - Legal Notice

2.1 YourAsianMusic is a service belonging to Norelles.

Norelles company
whose SIRET number is 753 472 745 00011,
whose registered office is located at 3 rue du parc - 94460 Valenton FRANCE,
represented by Mr Kévin Selleron

2.2 YourAsianMusic is registered to the Commission Nationale de l'Informatique et des Libertés (CNIL) with the number 2071343.

2.3 The publication director is Mr Kévin Selleron.

2.4 YourAsianMusic is hosted by OVH.

OVH Company,
SAS, french right company,
registered to RCS of Lille Métropole with number B424 761 419,
whose registered office is located at 2 rue Kellermann - 59100 Roubaix,
represented by Mr Octave Klaba

Article 3 - Data processing and liberty

3.1 In accordance with article 34 of the law "Informatique et Libertés" n° 78-17 of 6th January 1978, you have the right to access, modify, rectify and delete data concerning you.

Article 4 - Restrictions

4.1 By using the Service, you declare and warrant that your information is accurate, that you will maintain the accuracy of this information, that you are 14 years old or older, and that your use of the Service does not violate any applicable law or regulation. Your profile may be deleted and your membership may be terminated without notice if we believe that you are in breach of these regulations.

4.2 The information provided by other users of the Service (via their messages, comments, profile... etc) may contain inaccurate, inappropriate or offensive content that violates these Terms of Use. YourAsianMusic undertakes no responsibility or liability for these contents. If you notice any misuse of the Service by anyone, please contact us as soon as possible.

4.3 YourAsianMusic reserves the right, in its sole discretion, to refuse to publish or remove any posting (including private messages) during your activities on the application, or to restrict, suspend or terminate your access in part or the entire Service at any time, for any reason or not, with or without notice, and without liability.

Article 5 - Security

5.1 When you register on the application, you must choose a password to access certain additional services. You are solely responsible for maintaining the confidentiality of your password.

5.2 You agree to not use another member's account, username or password at any time or to disclose your password to third parties. You agree to notify YourAsianMusic immediately if you suspect unauthorized use of your account or access to your password. You are solely responsible for any use of your account.

5.3 For your safety, we recommend that you never include your telephone number, address, last name or any private item. YourAsianMusic can not be held responsible for any misuse of these published data without obligation by its.

Article 6 - Property rights on contents

6.1 YourAsianMusic does not claim any proprietary right in the text, files, images, messages, photos, videos, sounds, musical works, works of authors, or any other material, data or information (hereafter designated by "Content") that you post on the Service. After you publish your Content on the Service, you retain all of your ownership rights in the Content, and you continue to have the right to use the Content in any way you choose.

6.2 By displaying or posting any Content on or through the Service, you grant YourAsianMusic a license to use, copy, modify, publicly perform, publicly display, reproduce and distribute the Content, prepare derivative works, incorporate the Content into other works or other Content, grant and authorize a sublicense of the Content and all derivative works. Without this license, YourAsianMusic would be unable to provide the Service.

6.3 The license you grant to YourAsianMusic is irrevocable, perpetual, transferable, non-exclusive, fully paid, royalty-free, sub-licensable, and worldwide.

6.4 You declare and warrant that you own the Content published by you on or through the Service or that you have the right to grant the license mentioned in this section and that publication of the Content on or via the Service does not violate the rights privacy, rights of publicity, copyright, contractual rights or other rights of any person. You agree to pay all royalties, fees, and other amounts due to any person due to the Content posted by you or the Service.

6.5 The Service contains content from YourAsianMusic which is protected by Copyright, trademarks, patents, trade secrets and other laws, and YourAsianMusic owns and retains all rights to the Content of the Service. YourAsianMusic grants you a limited, revocable and non-sublicensable license to reproduce and display its Content (exclusion of any software code) solely for your personal use in connection with the use and Internet viewing of the Service.

6.6 Except for Content published by you, you may not copy, modify, translate, publish, distribute, transmit, distribute, perform, display or sell any Content appearing on or through the Service.

Article 7 - Displayed content

7.1 You are solely responsible for the Content that you post on or through the Service, any material or information you transmit, and any interaction with other users. YourAsianMusic does not endorse and has no control over this Content.

7.2 The Content is not necessarily reviewed by YourAsianMusic before being posted and does not reflect the opinions or policies of YourAsianMusic. YourAsianMusic makes no warranty, explicit or implicit, about the Content or accuracy or reliability of the Content or any material or information that you transmit to other users.

7.3 The following list contains Content and prohibited activities on or through the Service. It is a non-exhaustive list, which can be supplemented by the rules of decency of community life, the respect of others and the texts of laws. Is prohibited on the Service:

  • use of the Service in a manner which is inconsistent with all applicable laws and regulations
  • the publication of pornographic, racist, sectarian content inciting hatred against an individual or a group of people
  • the publication of Content that is offensive or contains a link to adult sites
  • the publication of Content that contains restricted or password access to hidden pages or images (which are not linked to another accessible page)
  • any activity or content related to illegal activities
  • threats, harassment or insults to a person or a group of people
  • the publication of Content that involves commercial activities without authorization from YourAsianMusic
  • advertising without authorization for any application or activity
  • any automated use of the system (such as using scripts), any robot, any data retrieval system
  • the identity theft of a member or third party
  • the sale or transfer of your profile

Article 8 - Responsibilities

8.1 YourAsianMusic is not responsible for any incorrect or inaccurate Content published on or through the Service, whether caused by users of the Service or by any equipment or programming associated with or used by the Service.

8.2 Any Content published by users of the Service may contain links to other sites. YourAsianMusic is not responsible for the content of these sites, which are not studied, monitored or verified by YourAsianMusic. The inclusion of any application on the Service does not imply endorsement of YourAsianMusic. When you access these third-party applications, you do it at your own risk. YourAsianMusic takes no responsibility for third-party advertisements that are posted on or through the Service or for goods and services provided by its advertisers.

8.3 YourAsianMusic is not responsible for the conduct, online or offline, of any User of the Service. YourAsianMusic undertakes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, failure of communication lines, theft or destruction, unauthorized access or modification of user or user communication.

8.4 YourAsianMusic is not responsible for any problems or technical malfunction of any network or telephone line, computer system, server or provider, computer equipment, software, failure of any email due to technical problems or congestion on the Internet or the Service, Including any injury or damage to users or computer of any person related to or arising out of the participation or downloading of Materials in connection with the Service, participation in any Event, any Content displayed on or through the Service, or from the conduct of any User of the Service, either online or offline.

8.5 The Service is provided as is and YourAsianMusic expressly disclaims any warranties of fitness for a particular purpose or non-infringement. YourAsianMusic can not guarantee and does not promise any specific result of the use of the Service.

8.6 In no case YourAsianMusic, its officers, directors, employees or employees be liable to you for any direct, indirect, special, exemplary or consequential damages resulting from any error, inaccuracy in Content, injury or damage to property, Resulting from your access to and use of the Service, unauthorized access or use of our secure servers or any personal or financial information stored therein, any interruption or termination of transmission to or from the Service, any bugs, viruses, trojan horse or similar, which may be transmitted to or through the Service by a third party, any error or omission in any Content or for any damage or loss of any kind whatsoever resulting from your use of the published content transmitted or otherwise made available (via Youtube for example), whether based on a warranty, contract, or other legal theory.

8.7 The limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You acknowledge that YourAsianMusic will not be held liable for the Content or the defamatory or illegal conduct of a third party and that the risk of harm or damage remains entirely with you.

8.8 YourAsianMusic can not be held liable in the event of force majeure or events beyond its control.

Article 9 - Compensation

9.1 You agree to indemnify YourAsianMusic, its subsidiaries and affiliates, and their officers, agents, partners and employees from any loss, liability, claim or demand, including reasonable attorneys fees, incurred by any third party related to or arising out of your use of the Service in violation of this Agreement or any breach of your representations and warranties set forth in the General Terms of Use or if any Content that you post on or through the Service causes YourAsianMusic to be liable for other.

Article 10 - Modifications of the General Terms of Use

10.1 YourAsianMusic may modify these Terms of Use at any time. It is the User's responsibility to regularly check the current General Terms of Use. Any clause of these General Terms of Use that would be in complete or partial contradiction with mandatory rules will be severable and any nullity, total or partial, of a clause will not affect the validity of the rest of the clause in question, nor the other clauses.

10.2 These General Terms of Use represent the entire agreement between the User and YourAsianMusic.

Article 11 - Applicable law and place of jurisdiction

11.1 In case of dispute, the General Terms of Use in force are used as legal basis. These General Terms of Use are governed by French law, to the exclusion of any other legislation. Users and visitors of the Service agree that the place of jurisdiction shall be established by the Court of Appeal of Paris, France.

11.2 This agreement is accepted when you use the Service and is confirmed by you when you register. YourAsianMusic's failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.

11.3 Section headings in this Agreement are for convenience only and have no legal or contractual effect.

11.4 This Agreement, and all rights and licenses granted under these General Terms of Use, may not be transferred or assigned by you, but may be assigned by YourAsianMusic without restriction.

11.5 By using the Service, you acknowledge that you have read this Agreement and agree to all the provisions contained herein.