Terms and conditions | MIDIFILES.COM

Between the “Service Provider”: Laurent HAVETTE
Sole Proprietorship
Le bourg
46130 Laval-de-Cère
France
ID (FRANCE) : 34315832500039
EU VAT/TVA : FR19343158325

And the customer

All orders will be exclusively governed by the present terms and conditions of sale, to the exclusion of all other terms and conditions of purchase.

Any order for a product and/or service on this site implies consultation and approval of the general terms and conditions of sale set out below.

Any download from this site implies prior consultation and acceptance of these terms and conditions of sale. Validation of the order implies acceptance of these terms and conditions of sale.

Purpose

Our site offers a service of musical transcriptions by ear and “in the style of”, in MIDI format (.mid). The MIDI music format is a sequence of computer instructions intended for compatible software and hardware. They contain NO audio or graphic data, and therefore cannot be sold as a finalized audio production or musical score.

Audio formats (MP3 and other PCM formats) and PDF formats (music scores) produced from MIDI sequences (.mid) are provided by way of example. It is up to the user to edit the MIDI sequence supplied to suit his or her needs, using compatible software and/or hardware available on the market.

This notion of musical editing is the very principle of the MIDI format (.mid).

Files can be downloaded directly from the site. The immediate availability of files ordered and paid for is not guaranteed. This applies in particular to music marked “PRODUCTION” or “PROD”, whose transcription production is launched at the time the order is placed and requires a production lead time.

They are intended exclusively for the user's private use as a simple accompaniment. The company retains its interpretation and production rights.

Unless authorized, the duplication, rental, lending, exchange and use for public performances and the broadcasting of all our instrumental versions are forbidden, as well as on any telematic service whatsoever. It is furthermore reminded that, by virtue of article L 121-1 of the French Intellectual Property Code, the author enjoys, by virtue of his moral right, “the right to respect for his name, his status and his work”, and that any distribution of a modified version of one of the works reproduced would engage the responsibility of the person making it.

§ 1.1 The Service Provider offers to provide its customers with musical titles in the form of MIDI sequences.

The formats are MF-0 and GM, GS (if available) , XG (if available) and AUDIO MP3 (optional) produced from the MIDI sequence, by samplers and synthesizers in stereo with melody line.

Please note All pre-listenings (play button) are produced in MP3 format (not MIDI) for demonstration purposes and for compatibility with online consultation.

Once the customer has placed an order, he/she orders the selected MIDIFILES in accordance with the contractual conditions set out below. This also applies to orders placed by telephone or conventional mail. Please read these conditions carefully before placing your order.

By ordering the MIDI files offered by the Service Provider, the customer declares that he/she has read and accepted the general terms and conditions.

1.2 The presentations and descriptions of MIDI files on the Internet and in product specifications do not constitute a guarantee of quality. The customer is informed of the technical possibilities and conditions of use of MIDI files. The supplier will provide further technical details on request.

1.3 With regard to musical rights to MIDI files, the supplier pays the royalties due to his suppliers.

§ 2 Scope The business relationship between the supplier and the purchaser is governed exclusively by the following general terms and conditions, as last amended at the time the order was placed. The supplier will not accept different conditions from the purchaser, unless the supplier has expressly agreed in writing to their applicability.

§ Warranty 3.1 The supplier warrants that the MIDI files can be used on all computers/players that support the standard MIDI formats MF-0 and MF-1 and the GM, GS or XG sound formats. Furthermore, the supplier guarantees that the MIDI files originally sent from the supplier's computer to the Internet are free of program faults. The supplier accepts no liability for any transmission faults on the Internet.

3.2 The Provider does not guarantee that the texts supplied with MIDI files and the lyrics embedded in them are correct or error-free, as this is a free additional service provided by the Provider.

3.3 The supplier may give a guarantee by means of a subsequent improvement. This may be done, at the Provider's discretion, by supplying new files or by reworking existing files. If, after several attempts, the subsequent improvement fails definitively and clearly despite the setting of an appropriate deadline in writing, the customer has the right to reduce the price or to withdraw from the contract. Article 9 applies to claims for damages.

§ 4 Rights of use

4.1 The customer is granted a non-exclusive right of use of the MIDI files, unlimited in time, according to the scale described below. Between the contracting parties, any rights of use not explicitly mentioned remain with the supplier.

4.2 The customer is entitled to use the MIDI files on any technically suitable computer/player. However, MIDI files may only be used by a single person on a single computer/player at any time, and never simultaneously on two or more computers/players, either by the same customer or by different persons. The right of use applies solely to the original recording of the downloaded/supplied MIDI files. The customer may produce a backup copy of the MIDI files, which may not be used at the same time as the original data.

4.3 Unless otherwise agreed in writing by the supplier, the customer may not use, reproduce or distribute the MIDI files in any way other than that technically described in § 4.2 ;

- rent the MIDI files, use them jointly with third parties or in any other way permit their use by third parties;

- reproduce and distribute modified versions and arrangements produced by the customer (including film music and multimedia works);

- alter or delete copyright and other reserved rights notices, serial numbers or other data-identifying features contained in the data;

- transmit MIDI files to third parties, unless the customer ceases to use the files with final effect, without retaining a copy.

4.4 The Service Provider explicitly draws the customer's attention to the fact that the uses listed below must be declared and paid to SACEM and/or require the approval of the respective holders of the rights to the musical titles

performing, broadcasting, publicly reciting the musical titles or otherwise making them accessible to third parties ;

the production, performance, broadcast or public recitation of modified versions and arrangements thereof (including film music, multimedia works, etc.).

4.5 If the customer's use of the MIDI files does not comply with the requirements for rights of use, and the supplier's protected rights are thereby infringed, the supplier is entitled to charge double the price of the MIDI files concerned as minimum damages, without having to provide evidence. Further claims for damages are not excluded.

§ 5.1 In the case of online distribution, payment of remuneration by the customer is made to the customer's account or by credit card.

5.2 Pending settlement of all claims of the supplier against the customer, the granting of rights of use is subject to the condition that all such claims are satisfied in full. The supplier may revoke the rights of use if the customer is in arrears with payment, does not pay even after receipt of a written warning indicating the intention to revoke, or if the customer does not comply with the conditions of use (§ 4).

5.3 All discounts granted on the basis of the agreed quantity to be purchased lapse and are again determined on the basis of the quantity actually purchased at the time of closure of the customer account.

§ 6 Online access data 6.1 It is the customer's responsibility to prevent unauthorized third parties from accessing his/her personal online access data (user name and password).

6.2 The customer is obliged to inform the supplier immediately in the event of loss of personal access data or if a third party is able to misuse the customer account. Upon receipt of the report of loss, the supplier will promptly block the customer account. Until such time as the loss report is received, the supplier is not liable for unauthorized requests for MIDI files and corresponding debits to the customer account. If such third parties order additional MIDI files during the period between receipt of the loss notification and the blocking of the customer account, the customer shall bear the resulting costs up to an amount of EUR 50.00 (loss lump sum). The supplier may also invoice the customer for the costs of processing the loss report up to the amount of the flat-rate loss fee.

§ 7 Data protection Personal data acquired by the Provider in the course of the contractual relationship may only be processed by the Provider for internal purposes and on the basis of the statutory data protection regulations. The Provider may also pass on data to subcontractors who perform the contractual service and report on it, where appropriate.

§ 8 Liability 8.1 Unless otherwise provided below, any further claims on the part of the customer - irrespective of the legal grounds - are excluded. Accordingly, the supplier is not liable for damages which do not occur to the deliverables themselves; in particular, the supplier is not liable for lost profits or any other pecuniary loss of the customer. Insofar as the supplier's liability is excluded or limited, this also applies to the personal liability of its employees, representatives and vicarious agents.

8.2 The aforementioned limitation of liability does not apply in the case of damage caused intentionally or by gross negligence or in the case of personal injury. Nor does it apply if the customer asserts claims in accordance with §§ 1, 4 of the Product Liability Act, claims due to the absence of guaranteed qualities or claims for damages due to non-performance in accordance with the French Civil Code.

8.3 Insofar as the supplier negligently breaches an essential contractual obligation, his obligation to pay compensation for material damage is limited to the damage typically suffered.

§ 9 Applicable law All legal relationships arising from this contract are governed by the law of the French Republic to the exclusion of the United Nations Sales Convention. If the customer is a merchant, a body governed by public law or a person whose domicile or place of business is located abroad, the place of performance and jurisdiction for any dispute shall be Clermont-Ferrand / France.

Article 2 : Offers and prices

The prices of our products are indicated in Euros, inclusive of all taxes and do not include the communication costs related to the use of the Internet sales service, which remain the responsibility of the customer.

The company le Prestataire reserves the right to modify its prices or the present general terms and conditions of sale at any time, but the products or services will be invoiced on the basis of the rates and conditions in force at the time the order is registered.

Files are strictly personal; their exchange or resale constitutes a counterfeiting offence punishable by 3 years' imprisonment and a €300,000 fine.

Files are invisibly marked with a unique identifier. This invisible identifier makes it possible to immediately trace the identity of the first person to have sold or shared them, via their order number.

Orders

The download link provided will be valid as long as the user logs on at least 1 time per year. After this period, the customer will no longer be able to download the title acquired. This is expressly accepted by the customer.

the Service Provider cannot be held responsible for the loss or destruction of the title or license on the customer's computer, or for the change of hard disk or computer equipment, and cannot, where applicable, give the customer the possibility of downloading the title again. Only one license to use the title will be issued in this case.

In any case, no acquired sales license may give rise to any reimbursement or replacement.

In the case of secure payment by credit card, the customer is informed BEFORE payment whether or not a file is available.

Right of withdrawal

Pursuant to Article L 121-20-2 of the French Consumer Code, issued from Ordinance No. 2001-741 of August 23, 2001, the legal withdrawal period does not apply to these general terms and conditions of sale.

Purchases of music files are firm and final. They cannot therefore give rise to an exchange, a refund or the exercise of a right of withdrawal, except in the case of a pre-order.

However, we will credit the applicant's account for the value of the file ordered, for any justified request for exchange.

Responsibilities

It is expressly agreed between the parties that the Service Provider is subject, for each of the obligations it undertakes under these terms and conditions of sale, to an obligation of means.

The Service Provider cannot be held liable in the event of non-compliance with the legislation of the country where the recordings are downloaded.

The Customer is solely responsible for the use made of the services offered by the Service Provider. Consequently, the Customer undertakes to deal personally with any complaint and/or proceedings of whatever form and nature brought against Le Prestataire and which may be directly or indirectly related to the use of an online music download service.

La société le Prestataire cannot under any circumstances be held responsible for the limitations of the Internet and in particular :

Customer service

For any information, the Service Provider's Customer Service is available by email: studio(at)midifiles.com

IN THE EVENT OF LITIGATION AND IN THE ABSENCE OF AMICABLE AGREEMENT BETWEEN THE PARTIES, JURISDICTION IS EXPRESSLY ATTRIBUTED TO THE COURTS OF THE SPORT OF THE HEAD OFFICE OF THE SERVICE PROVIDER, NOTWITHSTANDING A GUARANTEE CALL OR A PLURALITY OF DEFENDERS, EVEN FOR EMERGENCY PROCEDURES OR CONSERVATORY PROCEDURES IN REFERENCE OR BY REQUEST.

The Customer is therefore responsible for the use of the data he consults, queries and transfers on the Internet and for the use of the services offered by the Provider, whose liability cannot be engaged for any reason whatsoever.

the Service Provider cannot be held responsible for any malfunction and/or interruption in the supply of recordings for which it is not responsible.

In any event, the Service Provider's liability is limited to the price of the service ordered by the Customer if the Customer was unable to download or access the entire file online in the service ordered, provided that the Customer is able to prove this.

the Service Provider cannot be held responsible for the fraudulent use of information made available on the SITE.

Modifications

The Service Provider reserves the right to make changes of any kind at any time, in particular to the download sales service, the offers and the SITE. It is therefore the Customer's responsibility to keep abreast of any changes to the SITE.

Likewise, the Service Provider reserves the right to modify the present terms and conditions of sale, it being specified that in this case, the applicable terms and conditions of sale will be those in force on the SITE on the day the order is placed by the Customer.

Applicable law - Competent courts

These terms and conditions of sale are governed by French law.

In the event of a dispute relating to the performance of this service, and in the absence of an amicable agreement between the parties, the courts of BRIVE will be competent to judge the dispute.

Consent

The Customer's double-click constitutes an electronic signature which has, between the parties, the same value as a handwritten signature, and thus manifests the Customer's consent to the stipulations of the document which is the subject of the double-click.

Hypertext links

The Service Provider reserves the right to set up hypertext links on its WEBSITE, giving access to pages other than those of its WEBSITE. The Customer is formally informed that the sites accessed via hypertext links do not belong to the Service Provider. Consequently, the Service Provider declines all responsibility for the content of the information provided on these sites under the activation of the hypertext link.

the Service Provider prohibits any third party from placing a hypertext link to one or more pages of the SITE without its express prior authorization.

Applicable law - Competent courts

These terms and conditions are governed by French law.

Should any dispute arise in connection with the performance of this service, and failing amicable agreement between the parties, the courts of BRIVE shall have jurisdiction to rule on the dispute.

Consent

Hypertext links

The Provider reserves the right to set up hyperlinks on its WEBSITE giving access to pages other than those of its WEBSITE. The Customer is formally informed that the sites accessed via hyperlinks do not belong to the Provider. Consequently, the Provider declines all responsibility for the content of the information provided on these sites as a result of the activation of the hyperlink.

The Provider prohibits any third party from placing a hyperlink to one or more pages of the SITE without its express prior authorization.

Information on the use of personal data

Data is hosted by the following service providers:

Our server is hosted by OVH: https://www.ovhtelecom.fr/support/documents_legaux/

Our encryption and caching service is provided by CLOUDFLARE: https://www.cloudflare.com/privacypolicy/?utm_referrer=https://www.cloud...

Our emailing service : BREVO : https://fr.mailjet.com/securite-et-confidentialite/

All data circulating between your browser and our servers uses the secure “HTTPS” protocol, which “disguises” your data before it is sent over the Internet. Passwords are not visible in our database, but are also encrypted.

In this respect, if you choose to enter your data on our site :

Your e-mail address is used to enable you to access your account, to send you information messages, answers to your questions and any purchase and file confirmations.

Your first and last name and address are used for shipping products and/or issuing invoices.

You can use the unsubscribe link at any time to stop receiving my private messages and/or delete your account. Your data will be stored until you unsubscribe/delete.

Data collected on this page is stored on our own secure server hosted by OVH and Ecwid.

Cookies are automatically generated by the computer system to save your shopping cart and validate payments.

## External services and data processing

Our site uses several third-party services to enhance your user experience and ensure the smooth operation of our services. Here are the details of these services and how they are used:

### E-commerce Management Services
**Ecwid
- Customer account management
- Order processing and tracking
- Secure storage of your account data
- Backup of your purchase information

**Quaderno**
- Automatic invoice generation and dispatch
- Tax compliance management
- Secure archiving of accounting documents

### Advertising and Analytical Services
**Google Adsense**
- Display of personalized ads
- Ads based on your interests and browsing habits
- You can manage your advertising preferences via Google settings

**Google Analytics**
- Anonymous analysis of site traffic
- Data collection with anonymization of IP addresses
- Study of browsing behavior to improve our services
- No personally identifiable data is collected

### Social networks
We use the following services to share content and interact with our community:
- **Facebook & Messenger**: content sharing and customer service
- X (formerly Twitter)**: news and announcements
- Instagram**: visual content sharing
- YouTube**: hosting of our video content, including :
Piano tutorials
MIDI and KAR file demonstrations
User guides

### Data Protection
**Data Protection Officer** (DPO)
- Name: Laurent WALKER-HAVETTE
- Contact: midifiles.com[at]gmail.com
- Role: Supervision of RGPD compliance and handling of requests relating to the protection of personal data.

### Your rights
You have the following rights concerning your personal data:
- Right of access
- Right of rectification
- Right to erasure
- Right to restriction of processing
- Right to data portability
- Right to object

To exercise these rights or if you have any questions about the processing of your personal data, please contact our DPO using the contact details given above.

### Cookies and Trackers
The use of these services may involve the deposit of cookies on your device. You may at any time:
- Consult our complete cookie policy
- Manage your cookie preferences via our consent banner
- Delete existing cookies via your browser settings

### Changes
We reserve the right to modify this policy at any time. Changes will take effect as soon as they are published on the site. We encourage you to check this section regularly for updates.