General conditions of use of the Sony Music Live platform
These terms will be effective as from January 1st, 2021.
Welcome to The Sony Music Live platform!
The Sony Music Live platform as well as the live stream portal available from URLs https://secureplayer.online and https://www.sonymusic.be/ (hereafter referred to together as the “Application“) is an application accessible on a personal computer, tablet, telephone or other mobile device, created with the objective of allowing its users (hereafter the “Users” or “you”), in particular, to have access to, view, listen to, and where possible share, with other Users videos, music (through the embedded Vimeo player), photographs and other content by artists – either broadcast live or available on demand – on the Application, to keep up to date with the news of their favorite artists and to interact with like-minded Users through the Vimeo chat function during the stream of the content, without being charged any fees (hereinafter the “Free Services“).
The Application is provided to you by Sony Music Entertainment Belgium NV, having its registered office at Hooikaai 55 Quai au Foin, 1000 Brussels, Belgium, with company number 0415.736.357 (hereinafter the “Company” or “we“).
Sony Music Entertainment can be contacted at the following coordinates: Hooikaai 55 Quai au Foin, 1000 Brussels, +32 2 702 97 20, [email protected]
The User Agreement governs your use of the Application, your relationship with the Company and with Vimeo and provides you information about the service of the Application. When you use the Application, you agree to the User Agreement, which is legally binding.
Access to the Application
Access to the Application as such, whether or not by means of a voucher code, is free (excluding any connection costs, the price of which depends on your electronic communication operator), with no obligation to purchase on the Application.
When you use the Application , we will ask you to confirm your express acceptance of the User Agreement by ticking the corresponding box. This confirmation is necessary for you to use the Application. This acceptance can only be full and complete. Any conditional acceptance is considered null and void. Users who do not agree to be bound by the User Agreement must not use the Application.
1. Minimum Age Requirement
To download the Application and use the Free Services without parental consent, you must be at least 16 years of age. If you are between 13 and 16 years of age, you may access and/or download the Application and use the Free Services , provided you have obtained prior consent from your parent or legal guardian. Before using the Application, we will ask you to declare the age range to which you belong. If you are between 13 and 16 years of age, by downloading the Application, you acknowledge and agree that you have obtained the prior consent of your parent or guardian. Where Vimeo has more strict guidelines, those will apply while using the embedded Vimeo player.
2. Your rights and obligations while using the Application
Using the Application gives you access to video streams which are distributed on the Application by Artists (hereinafter the “The Sony Music Live platform Content”) through the embedded Vimeo player. The intellectual property rights on the Sony Music Live platform Content are kept by the rights holders and/or their respective successors and assigns, except as permitted herein.
Permitted Uses – You may view, listen to, comment on, and, where possible also share with other Users of the Application the Sony Music Live platform Content, by means of the Application’s tools, including the embedded Vimeo video player, and Free Services (your profile, your personal page, the fan groups in which you participate, personal messaging, etc.). Any use must be made for private and personal purposes or for sharing with other Users of the Application via the tools of the Application.
Unauthorized Uses – Any use not expressly permitted is not permitted. In particular, you are not allowed to:
- Reproduce, download, transmit, distribute, display, sell, license, alter, modify or use in any way whatsoever the Sony Music Live platform Content by any means other than the tools and Free Services of the Application;
- Use the Application to view, listen to, or otherwise use the Sony Music Live platform Content for any purpose other than your personal, non-commercial use.
Failure on your part to comply with its restrictions on use will constitute a violation of the intellectual property rights of the rights owners, artists, authors and/or respective assignees, and will engage your liability.
Other protected intellectual property rights – The structure of the Application, the software and databases used for its creation and operation, graphic elements, trademarks, other distinctive signs such as trade names and domain names, are protected by the intellectual property rights we own. The rights in the embedded video player are owned by Vimeo. You may use the Application and video player only to the extent necessary to enable you to use the Application in accordance with its purpose.
Use of your content – You may import / upload to the Application Content such as photographs, videos, text, illustrations, graphics etc. (“Your Content”), and share it with other Users of the Application by means of the tools and services, and the Vimeo chat tool in particular, under the condition that:
- You have the necessary authorizations and intellectual property rights on any content that you import / upload to the Application and that you share by means of the tools and services;
- Your Content and its distribution within the Application do not infringe any right recognized and protected by law, and in particular any intellectual property right, image, privacy, personality, right relating to the protection of personal data, etc.
- You are responsible for Your Content that you submit to the Application. Thus, you guarantee the Company against any claim coming from any third party, which could be the subject of a failure to comply with the Application by you of the conditions for importing and sharing Your Content within the Application. The User thus agrees not to distribute, in particular and without this list being exhaustive:
- Content that is pornographic, obscene, indecent, shocking, or unsuitable for a family audience, defamatory, abusive, violent, racist, xenophobic or revisionist,
- infringing Content,
- Content that is detrimental to the image of a third party, or constitutes non-consensual distribution or making available of intimate images,
- Content that is false, misleading or that proposes or promotes illegal, fraudulent or deceptive activities,
- Content harmful to third party computer systems (such as viruses, worms, Trojan horses, etc.),
- and more generally Content that may infringe the rights of third parties or be prejudicial to third parties, in any manner and in any form whatsoever.
Third-Party Content – Content imported/uploaded to the Application by another User (hereinafter “Third-Party Content“) and the related intellectual property rights are presumed to belong to this User. You may use the Third-Party Content via the tools and services of the Application in the same manner and with the same restrictions applicable to The Sony Music Live platform Content, unless the User in question has granted you express authorization allowing a more extensive use.
Before sharing Third-Party Content within the Application, it is your responsibility to verify its compliance with the conditions that also apply for Use of Your Content (see above). In case of doubt, or if you consider that Third-Party Content is likely to infringe the rights of a third party, you must refrain from sharing it.
We invite you to notify us of any Third-Party Content that does not comply with these T&C, User Agreement or the rights of any third party via the tab: “Report”.
Accessing digital content –Upon invitation to attend our live music session (”Digital Content”), you have a non-exclusive right to access and consult it on your devices, solely for personal and non-commercial use. Any right that is not expressly granted to you is reserved to the owners and assignees of the content in question, which may be third party companies distributing their content on the Application or, as the case may be, our Company.
You are solely responsible for the consultation of the Digital Content in accordance with the terms of the license granted herein. Failure to comply with these conditions is likely to engage your civil and criminal liability, particularly in the event of an act of counterfeiting, any other act prejudicial to the rights of the Users, third parties, or any act punishable by the legislation in force, without this list being exhaustive.
Exchanges with other Users – The Application gives you the possibility, via its tools and services, and the Vimeo chat tool in particular,to comment on The Sony Music Live platform Content, Your Content and Third-Party Content, to create and participate in discussion groups, and to exchange private messages with one or more Users.
You are solely responsible for the content of your messages and comments and you must ensure that they are legal and respectful and that they do not infringe any legal provisions.
You also undertake, in your exchanges with other Users, particularly in the context of messaging, comments, to respect the usual rules of politeness and courtesy.
You are also solely responsible for recognizing and respecting the private nature of messages exchanged within a closed discussion group or through the Sony Music Live platform and/or Vimeo messaging system, by refraining from any disclosure of these messages beyond the private circle to which they are intended.
3. Authorization to use Your Content
You retain all your intellectual property rights on Your Content, which you may (re)use and exploit as you wish outside the Application.
However, by importing / uploading to the Application Your Content, you agree to grant the Company and other Users the following rights:
License granted to the Company – You grant to the Company a non-exclusive, free, transferable, and assignable license, valid for the entire World, to use, reproduce, host, create technical copies, distribute, communicate to the public, modify, analyze, display Your Content, for the sole purpose of exploitation, promotion and improvement of the Application, its tools and services.
License granted to other Users – You grant other Users of the Application a non-exclusive, free, worldwide license to access and use Your Content using the Application tools and services to the extent permitted by these T&C and User Agreement.
Term of the licenses granted – The licenses granted will terminate as soon as you delete Your Content (one or more of Your Contents).
Please consult the Vimeo configuration and confidentiality features to define the way in which you wish to share Your Content with other Users, as well as, if applicable, with our partners.
We are likely to keep Your Content in our systems after the end of the license, in particular when this is necessary for technical reasons related to the operation of the Application, for the management of a dispute or to comply with our legal obligations.
4. Prohibited behaviors
The following are strictly forbidden: (i) any behavior likely to interrupt, suspend, slow down or prevent the proper functioning of the Application, (ii) any intrusion or attempted intrusion into Sony Music Entertainment’s systems, (iii) any hijacking of the Application’s system resources, (iv) any action likely to impose a disproportionate burden on the Application’s infrastructure, (v) any breach of security and authentication measures, (vi) any act likely to harm the financial, commercial or moral rights and interests of Sony Music Entertainment or of the Users of its Application, (vii) any practice diverting the Application for purposes other than those for which it was designed and finally more generally (viii) any breach of the User Agreement, including these T&C, or of the laws and regulations in force.
It is likewise strictly forbidden to monetize, sell or concede all or part of access to the Application, as well as to the Digital Content and any other information it contains.
In the event of failure to comply with any of the provisions of this article or more generally, violations of laws and regulations, Sony Music Entertainment reserves the right to take all appropriate measures and to take any legal action.
5. Penalty for non-compliance
In the event of a breach of any of the provisions of the User Agreement or, more generally, a violation of the laws and regulations in force by a User, the Company reserves the right to take any appropriate action, including:
- Suspend or resolve / remove or prevent access to the Application of the User who is or has been involved in the breach or infringement,
- delete any content posted on the Application,
- publish on the Application any information message that the Company deems useful,
- notify any relevant authority,
- initiate any legal action.
Responsibility for the information published in the Application – You are entirely responsible for the information you publish on the Application, including in particular Your Content, shared hyperlinks, comments and messages (hereinafter the “Information“).
In the event that any Information published on the Application by a User does not comply with the applicable regulations or does not conform to these T&C and/or the User Agreement, the User at the origin of this Information acknowledges and accepts that he is solely responsible for any direct and/or indirect damage that may result from this with respect to third parties and/or the Company.
The Sony Music Live platform Content is published on the Application at the initiative of Sony Music Entertainment, under its entire responsibility.
Users are entirely responsible for their use of the Information available on the Application and in particular for the decision to share Information published by other Users or by artists. They acknowledge and accept that by deciding to share Information that does not comply with the applicable regulations or does not conform to these T&C and/or the User Agreement, they may incur liability towards third parties and/or the Company for direct and/or indirect damages that may result from the dissemination of non-compliant Information.
Contents prejudicial to a third party can be notified to Sony Music Entertainment, which reserves the right to take the necessary measures.
Notification of non-compliant Information – Any User who considers that any Information published in the Application does not comply with applicable regulations or the User Agreement has the possibility to notify the Company of such Information by using the “Notify” tab or by sending an email to [email protected].
The Company will examine the Information reported and, if it finds that it is manifestly unlawful or if it considers that it does not comply with the applicable regulations or the User Agreement, it will proceed to delete the Information. The Company also reserves the right to delete, suspend or restrict access to the Application of the User responsible for the deleted Information, in accordance with point 2 above.
Liability concerning links to third party sites and embedded tools – The hypertext links present on the Application may refer to other websites and online services, which do not belong to the Company and are beyond its control. The same applies to the embedded video player powered by Vimeo. The Company may not be held liable if the content of these sites and services contravenes current legislation. Likewise, the Company shall not be liable for any damage caused to a User as a result of its visit to and use of such third-party sites and services.
Responsibility for the operation of the Application – The Company uses its best efforts to provide you with the Application services and tools and to maintain a secure and error-free environment in accordance with best practices. However, we cannot guarantee the uninterrupted and error-free operation of the Application and its services and tools, including the embedded video player, or its ability to meet your needs.
Any User declares and acknowledges that:
- Its use of the Application is at its own risk and under its full responsibility;
- The Application is accessible to him “as is” and according to its availability;
- Any material downloaded by the User or obtained in any other way during the use of the Application is at the User’s own risk;
- The User shall be solely responsible for any damage to his or her mobile device or any loss of data resulting from the downloading of such material or the use of the Application;
- It is therefore incumbent upon it to take all appropriate measures to protect its own data and/or software from contamination by any viruses circulating on the Internet that may affect the Application;
- He/she is aware of the nature of the Internet, in particular its technical performance and response times for consulting, querying, or transferring information; It is his/her responsibility to take all necessary measures to ensure that the technical characteristics of its equipment allow it to use the Application;
- Sony Music Entertainment does not provide the User with any guarantee as to the adaptation of the Digital Content and/or Information to his needs, expectations or constraints;
- Sony Music Entertainment cannot be held responsible for the non-execution or the delay in the execution of the services provided hereunder due to circumstances that are external to it or a case of force majeure, being expressly specified that are considered as cases of force majeure, in addition to those usually retained by the jurisprudence of Belgian jurisdictions: exceptional bad weather, natural disasters, epidemics, fires and floods, lightning, attacks, cases of rupture or blockage of telecommunications networks, means of transport or postal Free Services, including as a result of strikes, damage caused by computer viruses for which the means of security existing on the market do not allow their eradication, as well as any legal or regulatory obligation or public order imposed by the competent authorities and which would have the effect of substantially modifying the present general conditions.
- In any event, the liability that may be incurred by the Company hereunder is expressly limited to only proven direct damages suffered by the User.
User must also take the necessary steps to safeguard by their own means the Information they deem necessary, of which no copies will be provided to them.
Finally, it is up to Users to take all appropriate measures to protect their own data and/or software stored on their computer equipment against any attack.
7. The protection of your personal data
The Company is responsible for processing your personal data. For any request relating to your personal data, please contact us by mail at: [email protected].
8. Evolution of services and User Agreement
We may at any time decide to modify or remove one or more services from the Application or introduce new services.
We may also decide to modify these T&C at any time in order to take into account changes made to our services or for legal, regulatory reasons or for reasons relating to our legitimate interests.
Any change will be notified to you within a 45-day period. We will then send you an updated version of the User Agreement and indicate the date of their entry into force.
However, certain changes regarding new optional features of our services or new optional services, or made for legal or purely technical reasons, may take effect immediately.
You will need to validate the User Agreement as updated so that you can continue to use the Application. If you do not validate the updated User Agreement, we will consider that you no longer wish to use the Application.
Before using the embedded video player, please consult the Vimeo Terms and Conditions. Company can in no way be held responsible for the services provided by this external service, for which the aforementioned Vimeo Terms and Conditions create a direct contractual relationship between you and Vimeo.
Assignment – The Company may at any time decide to assign or concede all or part of its business, including the operation of the Application, to any third-party entity of its choice.
In the event that such a transfer or concession is likely to result in a restriction of your rights, you will be informed as soon as possible so that you can decide whether you wish to continue to use the Application.
Partial nullity – If one or more of the provisions of these T&C or of the User Agreement is declared null or void with regard to a legislative or regulatory provision in force and/or a court decision having the force of res judicata, it will be deemed to be unwritten and will not result in the nullity of the other provisions. In such a case, the cancelled stipulation will be replaced by a valid stipulation corresponding to the spirit and purpose hereof.
Language – In the event of a translation of these T&C into one or more languages, the language of interpretation shall be the Dutch language in the event of a contradiction or dispute as to the meaning of a term or provision.
Mediation – The User has the right to have recourse, free of charge, to a consumer mediator for the amicable resolution of any dispute relating to the execution of the present document which would oppose him to Sony Music Entertainment.
10. Applicable law and dispute resolution
We will endeavor to resolve amicably any dispute that may arise in connection with the use of the Application.
Sony Music Entertainment Belgium NV. All rights reserved © 2021.