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GENERAL TERMS AND CONDITIONS OF USE OF THE HOTMIX SERVICES

Last version updated on: 27/09/2024

Welcome to the General Terms and Conditions of Use for the HOTMIX Free, Freemium and Premium Service, which consists of the HOTMIX website “http://www.hotmixradio.com/” (hereinafter referred to as the “Website”) and its application for all the web and mobile platforms (hereinafter referred to together as the “Application”).

  1. INFORMATION ON HOTMIXMEDIAS
    1. The Website and the Application are created, developed and operated by Hotmixmédias, a limited liability company with a capital of 273,330 euros, registered with the Paris Trade and Companies Register under number 491176798 and located at 9, rue des colonnes, 75002 Paris, France (hereinafter, referred to as “HOTMIX”).
    2. Any questions or complaints relating to the Website, the Applications and these general terms and conditions of use (hereinafter referred to as the “GTCU”) may be addressed to HOTMIXMEDIAS at the following e-mail address: support@hotmixradio.com.
  2. ACCEPTANCE AND ACCESS TO THE WEBSITE

    1. Access to the Website / the Application is subject to these GTCU and to the applicable laws and regulations. Consequently, access to the Website/Application implies compliance with and full and unreserved acceptance by the user (hereinafter referred to as the “User”) of these GTCU (including the Privacy Policy).

    2. These GTCU exclusively govern the relationship between the User and HOTMIX in relation to the use of the Website / Application and the Free, Freemium, Premium and Business services. They may be consulted at any time on the Website / Application.

    3. The use of the Website and the Application is only authorised within the family circle, and any use outside this framework, in particular for the purpose of public address systems in public places or shops, is expressly prohibited, except for the ‘Jamendo In-Store’ radio stations accessible as part of the Business Service.

  3. DESCRIPTION OF THE SERVICES
    1. FREE SERVICE
      1. The Free service includes the following free services:
  • listening to radio stations on the Website and the Application;
  • listening to phonographic recordings and other musical or cultural content in the form of podcasts.

(hereinafter referred to as the “Free Service”).

      1. The Free Service is available with the insertion of visual or audio advertisements, on any type of compatible device (portable or not), with unlimited access.

    1. FREEMIUM SERVICE
      1. The Freemium service includes the following free services :

  • listening to radio stations on the Website and the Application;

  • listening to phonographic recordings and other musical or cultural content in the form of podcasts;

  • the creation of a user profile enabling a connection;

(hereinafter referred to as the “Freemium Service”).

      1. The Freemium Service is available with the insertion of visual or audio advertisements, on any type of compatible device (mobile or not), with unlimited access.

    1. PREMIUM SERVICES
      1. PREMIUM MONTHLY SERVICE
        1. The Premium Monthly Service is a service allowing, by taking out a subscription:
  • listening to radio stations on the Website and the Application;
  • listening to phonographic recordings and other musical or cultural content in the form of podcasts;
  • access to exclusive features;
  • improved listening quality compared to the Free and Freemium services;
  • the creation of a user profile allowing multiple simultaneous connections;
  • unlimited access to the Premium Service without visual or audio advertising. (hereinafter referred to as the “Premium monthly Service”).

        1. The Premium Monthly Service is available to the User until the termination or expiry of his subscription depending on its duration (month, year, etc.). The User is informed that Hotmix is not able to prevent the display of advertisements that may be contained in content provided and hosted by third parties and that may be integrated and/or referenced on the Website and the Application.

      1. PREMIUM ANNUAL SERVICE

The Premium Annual Service includes all the features of the Premium Monthly Service. However, the Premium Annual Service allows you to benefit from a preferential price compared to the Premium Monthly Service accessible via monthly payment, in accordance with Article 8 below. (hereinafter referred to as the “Premium annual Service”).

    1. BUSINESS SERVICES
      1. BUSINESS MONTHLY SERVICE
        1. The Business Monthly Service is a service allowing, by taking out a subscription:
  • listening to radio stations on the Website and the Application;
  • listening to phonographic recordings and other musical or cultural content in the form of podcasts;
  • access to exclusive features;
  • improved listening quality compared to the Free and Freemium services;
  • the creation of a user profile allowing multiple simultaneous connections;
  • unlimited access to the Business Service without visual or audio advertising;
  • unlimited access to the radio stations “Jamendo In-Store”.

(hereinafter referred to as the “Business monthly Service”).

        1. The Business Monthly Service is available to the User until the termination or expiry of his subscription depending on its duration (month, year, etc.). The User is informed that Hotmix is not able to prevent the display of advertisements that may be contained in content provided and hosted by third parties and that may be integrated and/or referenced on the Website and the Application.

      1. BUSINESS ANNUAL SERVICE

The Business Annual Service includes all the features of the Business Monthly Service. However, the Business Annual Service allows you to benefit from a preferential price compared to the Business Monthly Service accessible via monthly payment, in accordance with Article 8 below.

(hereinafter referred to as the “Business annual Service”).

  1. ACCESSIBILITY AND FUNCTIONING OF THE WEBSITE / APPLICATION

    1. HOTMIX shall ensure, insofar as possible, that the Website/Application is/are up to date and remains accessible to a normal number of Users. However, HOTMIX does not guarantee that the functions of the Website/Application will be available without interruption or without error, that defects will be corrected immediately or that the server that makes it available is free of viruses or other harmful components.

    2. HOTMIX shall not be liable for any loss and/or damage of any nature whatsoever arising from the suspension, interruption, (technical) disruption, slowing down, difficult accessibility and/or cessation of accessibility to all or part of the Website / Application or from viruses or other harmful components on the Website.

    3. Should the User become aware of the presence of an error, virus or other harmful element on the Website, he/she is invited to notify HOTMIX at the following address: support@hotmixradio.com so that the necessary measures may be taken. HOTMIX advises the User to install firewalls, anti-virus software and other necessary protective software on his/her computer in order to prevent any damage to the latter.

    4. HOTMIX retains the right to suspend or discontinue all or part of the Website/Application at any time, without justification and without prior notice.

5. USE OF THE WEBSITE / APPLICATION

    1. The User undertakes to use the Website / Application in accordance with the Service offered, to the exclusion of any other purpose.

    2. If the User is required to provide information, the User is responsible for ensuring that all information are accurate and up to date.

    3. The User undertakes to use the Website/Application in good faith and to comply with the legislation in force and, in particular, to refrain from:

  • sending HOTMIX content or communications that are false or misleading, (and to update such content, if necessary, in order to ensure that it does not become false or misleading), obscene, racist or xenophobic, abusive, unlawful, deceptive, invasive of another's privacy, offensive, harmful, violent, threatening or harassing, defamatory, constituting an infringement of an intellectual property right or any other right, or which encourages or participates in any of the foregoing;
  • providing e-mail addresses or other content to HOTMIX without the prior consent of the individuals concerned;
  • sending HOTMIX content that violates the rights of a third party or harms them in any way whatsoever (intellectual property rights, privacy, business secrets etc.);
  • copying any literary, artistic, visual or audiovisual content from the Website / Application for purposes other than personal consultation;
  • extracting, by the definitive or temporary transfer of all or part of the contents of the Website / Application or of all or part of one or more databases available on the Website / Application, whatever the extraction method used;
  • re-using, by making available to the public, all or part of the content of the Website/Application or all or part of one or more of the databases available on the Website/Application, in any form whatsoever;
  • sending HOTMIX content that directs to illegal websites or websites that contain inappropriate content;
  • using the Website/Application to send spam, unsolicited mail, pyramid schemes or similar or fraudulent schemes;
  • circumventing the technical protection measures of documents and multimedia elements;
  • any action that may have the effect of disrupting the proper functioning of the Website, the Application or the Service, including the use of worms, viruses, software bombs or mass mailings; - attempting to breach unauthorised access to any part of the Website/Application or equipment used in the operation of the Website/Application;
  • using a false name, pseudonym, or impersonating any other person or entity; using the Website / Application for any purpose other than as set out in the GTCU.

    1. HOTMIX shall not be held liable in any way in the event of non-compliance by the User with the GTCU and/or applicable laws or regulations. The User shall hold HOTMIX harmless against any action, claim or complaint by third parties (including public authorities) relating to his/her use of the Website / Application.

    2. The User uses the Website / Application at his/her own risk. The Website/Application, its components and all related information, software, facilities and services are provided on an "as is" and "as available" basis without warranty of any kind (either express or implied) and to the fullest extent permitted by applicable law.

    3. HOTMIX accepts no liability for any loss or damage (direct, indirect, material or immaterial) arising from the use of the Website / Application and its components, or from the inability to use the Website.

    4. Under no circumstances may the User use the recordings of the radio stations for the purpose of generating content using Artificial Intelligence ("AI") and/or allowing such use by third parties from the Service. "SACEM TDM RESERVATION-1".

    5. The User is further required to inform HOTMIX immediately in writing if he/she becomes aware of any inappropriate behaviour or use in connection with the Website / Application by sending an e-mail to the following address: support@hotmixradio.com.

  1. DOWNLOADING THE APPLICATION

    1. Before registering, in order to use the Application, the User shall first visit the App Store, Google Play or Windows Phone with his/her smartphone, computer or tablet to download the Application.

    2. The relationship between the User and the App Store, Google Play or Windows Phone is governed by the general terms and conditions of the App Store, Google Play and Windows Phone available on their websites.

    3. By downloading through the App Store, Google Play or Windows Phone, Users declare that they have read, understood and accepted the general terms and conditions of the App Store, Google Play or Windows Phone.

    4. HOTMIX cannot be held responsible if the smartphone, computer or tablet is not compatible with the Application or if the downloaded version of the Application is inadequate for the smartphone, laptop or tablet.

    5. Downloading of any content of any kind and/or software (widgets, utilities or otherwise) when using the Website and/or this Application shall be carried out at the User's own risk. The User is solely responsible for any damage to his/her computer or other receiving terminal, in particular mobile, and/or any loss of data resulting from such downloading.

  2. REGISTRATION AND ACCOUNT CREATION

    1. FREE SERVICE: Access to the Free Service does not require the User to register or create an account.

    2. FREEMIUM SERVICE AND PREMIUM SERVICE

      1. To access the Freemium Service, Users must (i) be at least 16 years old and (ii) create a personal account via the Website / Application.
      2. To access the Premium Service, Users must (i) be at least 18 years old and (ii) create a personal account via the Website / Application.
      3. HOTMIX reserves the right to request at any time proof of the identity and legal capacity of the User wishing to register. If the User is a legal entity, he/she certifies that he/she is authorised to do so and commits the legal entity to compliance with these GTCU.
      4. Following submission of the registration form available on the Website, the Application, the Facebook, Google or Apple ID account, the User will receive, at the e-mail address indicated in the form, an acknowledgement of receipt containing a six-digit code. Registration is complete when the User has submitted the registration form. The User can then identify himself/herself on the Website / Application by entering the six-digit code in the fields provided for this purpose.
      5. Registration of a User shall result in the registration of the User's data in the HOTMIX database. The data collected on this occasion shall be processed in accordance with the applicable regulations on personal data and in particular Regulation 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, applicable as of 25 May 2018. All relevant information regarding the processing of such data is available on the Privacy Policy page.
      6. The User may at any time request the deletion of his/her account by going to his/her profile page. The User's information and profile will then be deleted, at the User's request, according to the legal data retention period, and subject to the provision of proof of identity.
      7. The User is responsible for the use of and access to his/her account. In this respect, the User must ensure that no other person has access to the Website / Application using his/her password. In the event that the User becomes aware that another person is accessing the Website / Application with his/her password, he/she shall inform HOTMIX without delay by e-mail at the following address: support@hotmixradio.com.

    3. BUSINESS SERVICE

      1. To access the Service, any User, whether professional (with a valid VAT number) or individual, must (i) create an account via the Site / Application and (ii) provide the necessary information for invoicing, if applicable for professionals. An invoice will be issued for each payment of the services.
      2. By subscribing to the Business Service, HOTMIX hereby grants the User a non-exclusive, non-transferable, non-sub-licensable license limited to the duration of the subscription to the Service.This license permits the User to use "Jamendo In-Store" radio stations as background music in a public place (broadcasting rights). This license further authorizes the User to reproduce the « Jamendo In-Store » radio stations on any analog or digital media for the purpose of broadcasting it in the public place.
      3. HOTMIX reserves the right to request proof of identity, professional status, and, if applicable, the validity of the VAT number of the User wishing to register for the Service at any time.
      4. After submitting the registration form available on the Site, Application, or via a Facebook, Google, or Apple ID account, the User will receive, at the email address provided in the form, a confirmation email containing a six-digit code. Registration is completed when the User has submitted the form and entered the six-digit code in the designated fields.
      5. Registering an User results in the recording of their data in the HOTMIX database. The data collected is processed in accordance with applicable data protection laws, notably the General Data Protection Regulation (EU) 2016/679 of April 27, 2016. All information regarding the processing of this data is available on the Privacy Policy page.
      6. The User can request the deletion of their account at any time via their profile page. Their information and profile will then be deleted, subject to the legal retention periods for personal data and upon provision of proof of identity if necessary.
      7. The User is responsible for the use of and access to their account. The User must ensure that no unauthorized person uses their login credentials to access the Site / Application. If the User becomes aware that another person is accessing the Site / Application with their password, they must inform HOTMIX immediately by email at: support@hotmixradio.com.
      8. HOTMIX cannot be held liable for the use of the "Hotmix" radio stations in public places, as this is strictly prohibited. The User is solely responsible for ensuring compliance with this restriction and for obtaining any necessary authorization or license for broadcasting content in public places. In the event of non-compliance, the User assumes full responsibility for any legal and financial consequences.
      9. HOTMIX represents that music on the “Jamendo In-Store” radio stations come from artists that represent and warrant that they hold sufficient rights in the works to grant the required licenses for the distribution of the works on HOTMIX and, through HOTMIX, to its clients and partners under this GTCU.
      10. HOTMIX does not represent or warrant that the User will not be required to pay performing rights fees or any other similar fees to local performing rights organizations or similar collecting societies under specific local statutes or legislations. The User are hereby informed and acknowledge that some countries may have laws or regulations imposing the collection of royalties by (a) national / local Collective Management Organizations(s) (“CMO”) for the use of music (including, but not limited to, for their reproduction and communication to the public such as in points of sale or other venues accessible to the public) even if the corresponding rights holders are not members of or affiliated with said CMO(s) (b) or any other CMO in the world. This may notably be the case in some countries for the collection of the equitable remuneration in the European Union and other countries with legislations providing for such a remuneration.
      11. HOTMIX shall defend, indemnify and hold the User harmless from and against any third party claim, including related cost reasonably incurred by the User, resulting directly from a breach by HOTMIX of its representations. However, any amount to which you are entitled is subject to the following conditions and limitations: (i) The User has not breached the GTCU ; (ii) The User has used the Service in accordance with the GTCU; (iii) The User must promptly notify in writing HOTMIX of any such claim, as Hotmix is not liable to pay any amounts resulting from such claim that were incurred by the User between the date the claim first arose and the date HOTMIX received the notification; (iv) the claim concerned has been settled or has resulted in a final judgment adverse to the User rendered by a court of competent jurisdiction; and (v) HOTMIX’s liability is limited to 33% of the aggregate fees the User paid to HOTMIX during the 12 months preceding the date HOTMIX received the notification.

  3. PRICE AND PAYMENT (FOR PREMIUM AND BUSINESS USERS ONLY)

    1. The price of the subscription to the Premium/Business Monthly and Annual Services is indicated on the Website and/or the Application in euros and inclusive of all taxes.
    2. HOTMIX reserves the right to modify the price of each of the subscription formulas. HOTMIX shall inform each User by e-mail sent to the address provided by the User concerned at the time of registering for the Premium/Business Monthly Service or the Premium/Business Annual Service (or as subsequently modified in the User’s account) of any price increase at least 15 (fifteen) days before it takes effect. In such a case, the User who does not accept this price increase may terminate his subscription. This cancellation shall take effect at the next subscription expiry date. If the Subscriber does not cancel, the new pricing shall be applicable as of the next subscription deadline following the new pricing taking effect.
    3. Any increase in VAT (Value Added Tax) shall be automatically and immediately reflected in the price of the Premium/Business Monthly Service and/or Premium/Business Annual Service. The same shall apply in the event of the creation of any new tax which would be based on the price of the Premium/Business Monthly Service and/or the Premium/Business Annual Service and for which HOTMIX would become liable. The cancellation conditions provided for in the event of a change in the price of the subscription formulas referred to above shall apply under the same conditions in the event of a change in price resulting from an increase or the creation of new taxes.
    4. It is recalled that the connection and communication costs (Internet and mobile Internet) related to the use of the Premium/Business Monthly Service and Premium/Business Annual Service are not covered by HOTMIX and remain the responsibility of the User.
    5. Depending on the duration of the subscription chosen by the User, the subscription price shall be payable monthly or annually (except in the case of non-recurring payment methods such as gift cards, prepaid cards or others). Payment shall be made on a monthly or annual basis, by direct debit for monthly and annual subscriptions, until the subscription is terminated, whether the termination is at the User's initiative or that of HOTMIX.
    6. In order to optimise the security of transactions, HOTMIX has chosen several payment systems. The guarantees given by HOTMIX with regard to the security of transactions are identical to those obtained by HOTMIX from the operators of the aforementioned payment systems.
    7. Unless the User provides evidence to the contrary, the computerised records kept in HOTMIX's and its partners' computer systems under reasonable security conditions shall be considered proof of communications, orders, validations and payments between the Subscriber and HOTMIX. This information shall be deemed to serve as evidence unless the User provides written proof to the contrary. These elements shall be archived on a reliable and durable medium so as to correspond to a reliable copy.

  4. NO RIGHT OF WITHDRAWAL, RENEWAL, TERMINATION (FOR PREMIUM/BUSINES USERS ONLY)

    1. Right of withdrawal: The User acknowledges and expressly accepts that the provision of the Premium/Business Monthly Service or Premium/Business Annual Service begins immediately after the validation of his subscription. Consequently, no request for withdrawal, cancellation or refund shall be accepted for the period of the subscription.
    2. Renewal: Unless the Subscriber cancels under the terms of Article 9.3 below, the subscription to the Premium/Business Monthly Service or Premium/ Business Annual Service shall be renewed by tacit agreement for a period identical to that initially subscribed to. Thus, if the User subscribes to the monthly subscription, it will be automatically renewed for a further period of one month. If the User subscribes to the annual subscription, it will be automatically renewed for a further period of one year. Unless otherwise stipulated, any instalments already paid may not be reimbursed.
    3. Termination of the subscription: The User may terminate his subscription from his account. The termination shall be taken into account at the end of the current subscription period provided that the request is sent at least 48 (forty-eight) hours before the end of the subscription period. Unless otherwise stipulated, any instalments already paid may not be reimbursed.
    4. Modification of the subscription: The User may modify his subscription from his account. The modification of the subscription shall take effect 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 subscription period. Unless otherwise stipulated, any instalments already paid may not be refunded.

  5. LIABILITY CLAUSE

    1. HOTMIX provides all content (such as images, sounds, videos, photographs, logos, trademarks, graphics, tools, software, documents and any other data) without warranty of any kind. Use of the Website / Application published by HOTMIX is at the User's own risk.

    2. HOTMIX makes every effort to provide the User with available tools and/or reliable information and/or content. However, HOTMIX and/or its partners cannot guarantee the User the accuracy, completeness and/or timeliness of the information and/or content provided, or the availability of such elements and tools. Consequently, HOTMIX and/or its partners shall not be held liable for the use of the information and/or content provided and/or the tools made available on the Website / Application.

    3. HOTMIX disclaims all liability to the User or any third party for any indirect or consequential liability, cost, claim or damage resulting from the performance of this GTCU, or the lawful termination hereof, including but not limited to, loss of profits, loss of opportunity, loss of reputation, loss of data. Furthermore, HOTMIX disclaims all liability for any cost, claim, damage or loss resulting from a modification made to the Service by the User or resulting from the context in which the Service is used.

  6. LINKS TO AND FROM OTHER WEBSITES

Hyperlinks to other websites may appear on the Website / Application. In addition, some websites may include a link to the Website. These third-party websites are not controlled by HOTMIX and HOTMIX assumes no responsibility for their operation, content (including but not limited to advertisements, products, services or any other tools available) and use. Unless otherwise expressly stated by HOTMIX on the Website / Application, the existence of such links does not imply any endorsement by HOTMIX of these third-party websites or the use that may be made of them, nor does it imply any association or partnership with the operators of such websites. HOTMIX is not responsible for webcasting, podcasting or any other form of transmission received from any other website or application.

  1. INTELLECTUAL PROPERTY

The Website / Application and their components (trademarks, logos, graphics, photographs, images, animations, videos, music, texts, icons, technologies, software, domain names and source codes, etc., hereinafter referred to as the “Content”) are the property of HOTMIX and/or have been the subject of authorisations from companies affiliated to the HOTMIX group and/or its partners allowing HOTMIX to publish them. The Content is protected by intellectual property rights (in particular copyright, related rights, image rights, design rights, trademark rights, databases, etc.) and may not therefore be reproduced, performed, used, published, modified or distributed, in whole or in part, without the prior written authorisation of HOTMIX or, where applicable, of the holder of the rights concerned, on pain of constituting an infringement of copyright and/or design rights and/or trademark rights, which is a punishable offence under the Code of Economic Law, or any other infringement of the applicable legal provisions.

  1. COMPLAINTS

In order to be valid, any complaint by the User relating to the Website/Application must be communicated in writing within eight (8) calendar days of becoming aware of the fact which gives rise to the complaint. The absence of any dispute in accordance with the aforementioned rules shall entail the User's unconditional and unreserved acceptance of the fact that gives rise to the complaint and, de facto, the definitive renunciation of any claim in this regard.

  1. MODIFICATIONS AND LANGUAGE VERSIONS

HOTMIX reserves the right to modify and update these GTCU, access to the Website / Application and its content, at any time, subject to notifying Users via the Website. All such modifications shall be binding on Users at the time of each access to the Website, such that it is recommended that the GTCU be consulted at the time of each new use of the Website; the date of the last modification being indicated at the top of these GTCU.

  1. VALIDITY OF CONTRACTUAL CLAUSES
    1. HOTMIX’s failure to invoke a provision of these GTCU at a given time shall not be construed as a waiver of its right to subsequently assert its rights thereunder.
    2. The invalidity, lapse or unenforceability of all or part of any of the foregoing or following provisions shall not render the entire GTCU invalid. The provision that is wholly or partially invalid, lapsed or unenforceable shall be deemed to be null and void. HOTMIX undertakes to replace such provision with another that pursues, insofar as possible, the same objective.
  2. APPLICABLE LAW AND JURISDICTION

    1. The validity, interpretation and/or enforcement of the GTCU shall be governed by French law, to the fullest extent permitted by the applicable rules of private international law.

    2. In the event of any dispute relating to the validity, interpretation or enforcement of the GTCU, the courts of Paris shall have exclusive jurisdiction, to the fullest extent permitted by applicable rules of private international law.

    3. Before taking any steps towards resolving a dispute through the courts, the User and HOTMIX undertake to attempt to resolve the dispute amicably. To this end, they shall first contact each other before resorting, where appropriate, to mediation, arbitration or any other alternative dispute resolution method.

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