Ecoute.ma Terms of Service
This Agreement was last modified on 08 February, 2016.
Welcome to the Ecoute.ma! Please read these Terms of Service (the “Terms”) carefully because they govern your use of our website located at www.Ecoute.ma. (the “Site”) and our online platform, which enables musicians, artists, fans and music industry professionals to connect, interact, share, discover, track and promote musicians and artists and their music. To make these Terms easier to read, the Site and our online platform are collectively called the “Services.”
Agreement to Terms
By using our Services, you agree to be bound by these Terms. If you don’t agree to these Terms, do not use the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, “you” and “your” will refer to that company or other legal entity.
Changes to Terms or Services
We may modify the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Site or through other communications. It’s important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Site, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
Who May Use the Services
If you are 13 years or older and not barred from using the Services under applicable law, you may use the free features of the Services. In order to use the Paid Services (as defined below), you must be 18 years or older, capable of forming a binding contract with Ecoute.ma, and not barred from using the Services under applicable law.
Registration and Your Information
If you want to use certain features of the Services you’ll first need to register with Facebook and/or Twitter to create a Facebook and/or Twitter account (“Facebook Account”, “Twitter Account”) and then register with us to create a Ecoute.ma account (“Account”). If you are an Artist (as defined below), you may also create an Account by registering with SoundCloud to create a SoundCloud account (“SoundCloud Account”). We’ll extract from your Facebook Account and/or Twitter and/or SoundCloud Account, as applicable, certain personal information, such as your name, location information and other general information that your privacy settings on the applicable Facebook Account, SoundCloud Account, or Twitter Account permit us to access.
After you create an Account, you may also connect your Account with your other accounts such as Twitter, YouTube, Spotify, etc. (each, a “Third Party Account”), and we’ll extract from your Third Party Account certain information that your privacy settings on the Third Party Account permit us to access.
It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.
Using the Services
Through use of the Services, Account holders may have a profile page (the “Page”) and embed, post and upload User Content and post reviews and comments (the “Comments”) on the Page of other Account holders. You acknowledge that the Comments, together with your username, the thumbnail version of the photo uploaded by you on your Page and a link to your Page may be visible on the Services, so please exercise discretion and good judgment when posting Comments.
If you wish to make donations to musicians, artists or music professionals who are registered with our Services and who identify as such (collectively, “Artists”), you can do so by following the instructions provided on the Services and paying through credit card, or PayPal or any other payment service providers that we may opt to use (“Payment Service Providers”) to collect and process payments. (“Donations”). You authorize Ecoute.ma or any Payment Service Providers to charge your accounts for the Donations. However, notwithstanding the “Eligibility” Section above, you have to be at least 18 years of age and capable of forming a binding contract in order to make any Donations.
We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at support@Ecoute.ma You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub licensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
Artist Promotions and Promotional Emails
We may do or allow certain Artists to organize sweepstakes, contests and other promotions (“Promotions”) via the Services from time to time. If you have interacted on such Artist's page or have subscribed or followed that Artist on your Third Party Account and we know this because you connected your Third Party Account with your Account or through interacting with Artist Content on the Services, and we have your email address, we will share your email address with such Artist so that the Artist can send you email notifications about Artist’s Promotions. Any Artist Promotion is organized and run exclusively by the Artist or on behalf of the Artist by a Ecoute.ma or a third party, and we have no control over the manner in which a Promotion is organized, run or conducted. ACCORDINGLY, WE ARE NOT RESPONSIBLE FOR ANY LIABILITY THAT ARISES FROM SUCH EMAIL COMMUNICATION OR SUCH PROMOTIONS. IF YOU PARTICIPATE IN A PROMOTION, YOU DO SO AT YOUR OWN RISK AND WE HAVE NO RESPONSIBILITY OR LIABILITY IN THIS REGARD.
Artists agree to use the email address of any Account holder that is shared with Artist by us, only in connection with communicating about the Artist’s Promotion or to otherwise communicate with the Account holder independently of the Services, in a manner that is appropriate and in compliance with the General Prohibitions Section below and applicable law, including, but not limited to, The Moroccan Law number 09-08 of 23rd of February 2009 concerning the protection physical person’s personal data ,the CAN SPAM Act and the rules and regulations relating to Promotions in Morocco and The United States and their respective equivalents worldwide.
If you are an Artist who is organizing a Promotion via Ecoute.ma, you acknowledge and agree that you are solely responsible for running the Promotion, and for any and all liabilities that arise from such Promotion. You agree to do the following in connection with your Promotions:
•Provide the contestants and participants with the official rules of the Promotion and adhere to such official rules in conducting the Promotion.
•Comply with all applicable rules, regulations and laws relating to such Promotions (including without limitation, the Moroccan Law number Moroccan Law number 09-08, of 23rd of February 2009 concerning the protection physical person’s personal data, The CAN SPAM Act and sweepstakes and contest rules.
•Indemnify Ecoute.ma from any and all liability in connection with your Promotion.
Content and Content Rights
For purposes of these Terms: (I) “Content” means data, text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; (ii) “User Content” means any Content that Account holders (including you) provide to be made available through the Services, including Comments; and (iii) “Artist Content” means User Content provided by or on behalf of Artists. Content includes without limitation User Content (and Artist Content).
Connecting with Artists
Through use of our Services you will be able to access and interact with Artist Content. Artists will be able to engage with you privately through the use of the Site and Services, as well as through external media such as email, social media, mobile devices, and any other methods if you have interacted on the Artist's page or have subscribed or followed that Artist on your Third Party Accounts or through interacting with Artist Content on the Services. Ecoute.ma is not responsible for and accepts no liability in relation to your private communication and sharing of information with any Artist, including via media external to the Site and Services. Please exercise discretion and good judgment when you submit or post User Content, when interacting with Artists and others, and when giving away personal or other information to Artists and others.
Content Ownership, Responsibility and Removal
Ecoute.ma does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing and with exception of User Content, Ecoute.ma and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the Morocco, The United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
Rights in User Content Granted by You
By making any User Content available through Services you hereby grant to Ecoute.ma a non-exclusive, transferable, sublicense able, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publish, publicly display, publicly perform and distribute your User Content in connection with operating and providing the Services and Content to you and to other Account holders.
User Representations and Warranties
You are solely responsible for all your User Content. You represent and warrant that: (i) you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms, including any appropriate licenses from rights management organizations; and (ii) you have paid any required royalties or fees for the rights to use such User Content and to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Ecoute.ma on or through the Services will infringe, misappropriate or violate a third party’s rights, including intellectual property rights, rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You can remove your User Content by specifically deleting it using the features of the Services. However, in certain instances, some of your User Content may not be removed and copies of your User Content may continue to exist on the Services. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
Rights in Content Granted by Ecoute.ma
Subject to your compliance with these Terms, Ecoute.ma grants you a limited, non-exclusive, non-transferable, non-sub licensable license to access and use the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
You agree not to do any of the following:
•Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; (vii) promotes illegal or harmful activities or substances; or (viii) promotes political campaigning;
•Use, display, mirror or frame the Services or any individual element within the Services, Ecoute.ma’s name, any Ecoute.ma trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Ecoute.ma’s express written consent;
•Access, tamper with, or use non-public areas of the Services, Ecoute.ma’s computer systems, or the technical delivery systems of Ecoute.ma’s providers;
•Attempt to probe, scan or test the vulnerability of any Ecoute.ma system or network or breach any security or authentication measures;
•Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Ecoute.ma or any of Ecoute.ma’s providers or any other third party (including another user) to protect the Services or Content;
•Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Ecoute.ma or other generally available third-party web browsers;
•Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
•Use any meta tags or other hidden text or metadata utilizing a Ecoute.ma trademark, logo URL or product name without Ecoute.ma’s express written consent;
•Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
•Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive or false source-identifying information;
•Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;
•Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
•Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
•Impersonate or misrepresent your affiliation with any person or entity;
•Violate any applicable law or regulation; or
•Encourage or enable any other individual to do any of the foregoing.
Ecoute.ma’s Enforcement Rights
Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, including your User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
Ecoute.ma respects copyright law and expects its users to do the same. It is Ecoute.ma’s policy to terminate in appropriate circumstances Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Ecoute.ma’s Copyright and IP Policy at https://www.Ecoute.ma/copyright, for further information.
Links to Third Party Websites or Resources
The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
THE SERVICES AND CONTENT ARE PROVIDED BY ECOUTE.MA “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE SERVICES OR THE RESULTS OF THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY AS TO THE USEFULNESS OR THE CAPABILITY OF THE SERVICES TO MARKET AND PROMOTE YOU OR ANY OTHER PERSON OR ANY MUSIC. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT.
You will indemnify and hold harmless Ecoute.ma and its officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services or Content, (ii) your User Content, or (iii) your violation of these Terms.
Limitation of Liability
ECOUTE.MA WILL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, OR CONTENT, OR FROM ANY COMMUNICATION, INTERACTION OR MEETING WITH OTHER ACCOUNT HOLDERS, VISITORS OF THE SERVICES, OR THIRD PARTIES YOU COMMUNICATE AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ECOUTE.MA HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL ECOUTE.MA’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO ECOUTE.MA THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILTY OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO ECOUTE.MA, AS APPLICABLE. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ECOUTE.MA AND YOU.
These Terms and any action related thereto will be governed by the laws of The Kingdom of Morocco without regard to its conflict of laws provisions.
Agreement to Arbitrate
You and Ecoute.ma agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Content (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in front of Moroccan National Bureau of Author’s Right and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). The exclusive jurisdiction and venue of any IP Protection Action will be the first instance court located in the Grand Casablanca and each of the parties hereto waives any objection to jurisdiction and venue in such courts. You acknowledge and agree that you and Ecoute.ma are each waiving the right to a trial to participate as a plaintiff or representative in legal proceedings. Further, unless both you and Ecoute.ma otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
The arbitration will be administered by the Moroccan Court of Arbitration and/or the American Arbitration Association (upon the territoriality choice of Ecoute.ma) (“CAM” And/or “AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes in vigour, in Morocco (Law n° 08-05 : Arbitration and Conventional Mediation) And/or (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.:
The Moroccan Law concerning arbitration and conventional mediation: https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&uact=8&ved=0ahUKEwjwrdGJqOjKAhUJRhQKHXKpBnUQFggfMAA&url=http%3A%2F%2Fwww.ccfranco-arabe.org%2FTemp%2FFiles%2F9183bd8d-6690-45b6-a124-6a65bdf3d0ad.doc&usg=AFQjCNEI4SraWVeJbZIGWZZt_-92Ht7_Tw&sig2=X341vTHpsTHrWXlygwsKMw
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the Rules. The arbitrator will be designed by the competent instance. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the instance will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure
Unless you and Ecoute.ma otherwise agree, the arbitration will be conducted in Ecoute.ma has a legal representation Morocco/or otherwise designated by Ecoute.ma legal representatives.
The arbitrator will render an award within the time frame specified in arbitration Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favour of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Ecoute.ma will seek, and hereby claim all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.
Your responsibility to pay any arbitration filing, administrative and arbitrator fees will be solely as set forth in the Moroccan Laws and /or by the choice of Ecoute.ma, AAA Rules. However, if your claim for damages does not exceed 1000$, Ecoute.ma will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in the Moroccan Civil Procedure Code.
Notwithstanding the provisions of the “Changes to Terms or Services” section above, if Ecoute.ma changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to support@Ecoute.ma.io) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Ecoute.ma’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Ecoute.ma in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
These Terms and any additional terms for Paid Premium Features (the “Additional Terms”) constitute the entire and exclusive understanding and agreement between Ecoute.ma and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Ecoute.ma and you regarding the Services and Content.
If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without Ecoute.ma’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Ecoute.ma may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by Ecoute.ma under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Ecoute.ma’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Ecoute.ma. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
If you have any questions about these Terms or the Services, please contact Ecoute.ma at support@Ecoute.ma