The present agreement is limited to a non-commercial use of the API Music Story Pro and the content accessible by this API. For any commercial use, please contact the commercial assistant desk of Music Story.
API : (Application Programming Interface) a set of technical services, access to servers, schematics, pictures, code examples or requests made accessible by Music Story at the address http://developers.music-story.com and http://api.music-story.com
Contents: metadata, data, associated data, usernames, texts, references, characteristics, links, pictures, media files, phonograms, videograms and more generally the results with requests available through the API at the address http://api.music-story.com
These contents :
-are either produced by Music Story which wholly holds the rights ( a few examples : artists' biographies, album reviews or news linked to music). These contents are called hereafter and in the documentation of the API “editorial metadata”. The present agreement authorises an access and a limited broadcast of these contents for a non-commercial use (as described in 6. Broadcasting of editorial data)
- or originate from a partner having an agreement with Music Story in order to make the content available through the API. The details of the partners as well as some access and publication procedures are available in the section of the developer documentation corresponding to the partner at the address http://developers.music-story.com/
-or under creative commons licence, or finally, free of rights
The type of licence that applies to the content and the type of content is indicated in the data returned by the API during the access to the content.
Applications: application or software for broadcasting contents to the general public users, carried out by a developer or a development team using an API, pre-existing or not to the set up of the access to the API, whatever the final broadcasting support may be.
Commercial use: Any use by an application accessing to the API and to the content, developed and operated by an organisation with a commercial or public service purpose, and not a legal person.
Are taken into consideration in the case of a commercial use :
-the broadcasting of the contents on the website of a commercial firm, even if operating with this website doesn't constitute the principal revenues for this firm.
-the broadcasting of the contents on the website of a public body
Are taken into account in the case of a non-commercial use:
-the production of a prototype
-the broadcasting of the content on a legal person's blog, not constituted as an operating body of this blog and not having as main revenues, the revenues originating from operating this blog.
Broadcasting on small bodies' websites such as associations for example can be considered as a non-commercial use, provided the authorisation was requested in the first place. To obtain an authorisation, please contact Music Story's commercial assistant desk
By ticking the box referring to your acceptance or by using the API you accept to be bound by the present licence agreement between yourself (called “User” below) and the the SAS Music Story company, registered to the commercial register of Lille, France under the number 50476540400023 and its office located at 14 rue du Carrousel, 59650 Villeneuve d'Ascq, France (called “Music Story” below)
By accepting this agreement on behalf of a company and or any body, firm, association, public establishment or not, legal person or judicial entity of any form (hereafter called “Company”), you guarantee being in charge of the power of binding this Company by the present agreement and in this case, the term “User" used hereafter designates the said company.
The licence agreement binding the User and Music Story is composed of the present contract in its latest version as well as all the terms and conditions available at the address http://developers.music-story.com.
3. Licence agreement
Throughout the duration of the present licence agreement and subject to the respect of the completeness, without any exception, of its terms, Music Story gives to the User a non-exclusive licence with a non-commercial use of the API with the purpose of developing applications.
This licence agreement doesn't constitute in any sort a transfer of property of the API and the contents to the benefit of the User. Music Story is still the exclusive owner of the API and the editorial data as well as the rights acquired committed to the contents.
Music Story reserves the right to modify or interrupt the operation of the API as well as including, deleting or modifying some contents at any time and without notice to the User.
Obligations of the User
Except for an agreement expressly given by Music Story, the User, nor any third party representing him cannot :
-buy, lend, divest, sub-licence, distribute or transfer the use of the API to any other third party, neither in its entirety nor in parts or by components.
-Disassemble, decompile, modify, adapt, copy or create works derived from the API,
- carry out any combination or integration with other software or derived works that could lead API components to be the subject of an Open Source licence.
- massively copy, index, acquire, scan, submit requests on the content available by the API in order to restore every or a part of the contents in any form, to create a database, or to carry out comparative analysis
- the User, or any other third party representing him cannot in any case :
- usurp an identity, try to obtain an unauthorised access to the API, disrupt the integrity or the performance of the API and the contents by executing programs, treatments, algorithms, scripts or propagation of a virus.
- using the API to develop one or several applications of which usage would be contrary to the law, rules, regulations, authorisation of beneficiaries, norms of the industry (which Music Story reserves the right to its evaluation) in particular that which pertains to intellectual property and the protection of personal data.
The User remains the single and unique party responsible for the assistance and support to the users of the application it has developed.
4. Client account
To gain access to the API, the User must create an account at the address http://developers.music-story.com bound to its email address. There can only be one account by email address, corresponding to one contract, and this whatever the nature of the User, legal person or Company
When opening the account, the User receives several unique keys (called hereafter “API keys”) allowing the access to the API. The User cannot in any case sell, lend, divest, sublicense, distribute, communicate or transfer the API keys to any other third party, nor use these API keys from third party applications.
The User is entirely responsible (1)for the confidentiality and the security of his API keys, (2) of any actions while using the API keys, whether they are carried out by him or by a third party. The User must immediately warn Music Story if he thinks his API keys have been copied or reproduced in whatever way by a third party whoever he may be.
5. Use limitation
The total number of calls to the API made on a period of time by the applications developed by the User is subject to being limited by Music Story. These Limits are specified in the description of the offer available at the address http://developers.music-story.com/offer
Music Story can change the usage limitations at any moment, without notice and putting a device in place, in whatever nature it may be, allowing to prevent an abusive usage of the API including stopping the access to the API by the user. If the User wished to access the API beyond the limits put in place, he must contact Music Story in order to obtain a specified agreement corresponding to his request.
6. Editorial metadata
The editorial metadata produced by Music Story and available by the API can be subject to a limited broadcast in the context of an non-commercial use. This broadcasting limits are specified in the description of the offer available at the address http://developers.music-story.com/offer
Throughout the duration of the present licence agreement and subject to the respect of the completeness, without any exception, of his terms including these broadcasting limits, Music Story gives to the user the right to broadcast the editorial metadata obtained through the API on the applications he has developed using the API.
Music Story can change these broadcasting limits at any moment, without notice and put in place any device of whatever nature, allowing to prevent the access to the editorial metadata by the API, including stopping the access to the API by the User. If the User wishes to broadcast the editorial metadata beyond the limits put in place, he must contact Music Story in order to obtain a specific agreement corresponding to his demand.
Obligations of the User
Except for an agreement expressly given by Music Story, the User or any other thrid party representing him cannot :
-sell, lend, divest, broadcasting rights, sublicence, distribute or transfer the editorial metadata to any other third party, whether it be in its whole or partially,
-not respect the moral right and in particular the right of the integrity of their work by granting themselves or by modifying in any way the editorial metadata
The user commits to having each text broadcasted composing editorial metadata to have it done with the information returned by the API when the text is accessed :
-name of the author
-links to the page corresponding to the website http://www.music-story.com
- the Music Story logo available at the address http://developers.music-story.com/images/logosms/16.jpg
7. Third part contents
The use of contents accessed to by the API and coming from a third party partner of Music Story is strictly ruled by agreement or authorisation that the User contracts with this third party partner.
Music Story rejects any type of responsibility for any nature for these contents except for their strict availability by the API.
8. Attribution requirements
All applications using the API must show the Music Story Pro logo available in the formats 16,32,64, with a link to the website developers.music-story.com, which should be done on a "in relation to" page or a similar location.
9. Duration and termination
The present licence agreement is put into force as soon as its acceptance by the User and can be terminated by every party at any moment without any special grounds. In the case the User breaches any of the terms of the present agreement, the cessation of the present licence agreeent will be immediate.
In the case of the termination of the present licence agreement, the User must destroy and remove any storage unit, computer, servers, memory, cache or hard drive, without any exception, of all the copies on the components of the API, whatever its version, as well as all the contents obtained thanks to the API, and this without any date restriction. In this case the User will have to certify to Music Story the destruction of all the elements of the subject in the present paragraph.
The sections entitled “03. Licence – Obligatiosns of the user”, “04. User account”, “06. Editorial data broadcasting- obligations of the user”, “09. Duration and termination”, “10. Responsibility Limitation”, “11. Disclamer of warranty” and “12. General Provisions” will outlast the termination of the present licence agreement. Notwithstanding the above, other provisions can outlast the termination of the present licence agreement if their survival is reasonnably necessary to regulate the relations between parties concerning the subject of the present licence agreement.
10. Limitation of liability
Music Story as well as its third party representatives, legal persons or companies, shall not be held responsible for a loss of operation, loss of customers, loss or corruption of data, breakdowns, interruption of service and direct or indirect damage of any nature arising rom the use of the API. In the case of a problem linked to the API,the User has as only resorts : to either submit a complaint to Music Story or to stop using the API and its contents. Any complaint concerning the use of the API must be filed less than a year after the occurrence of the event originating from the complaint.
The User accepts to remove Music Story as well as its third party reprensentatives, legal persons or companies of any responsibility linked to the complaint of a third party resulting or not from the use of the API and to take in charge, without any limitation, the charges, costs, fees that have been directly or indirectly caused by the said complaint.
11. Disclaimer of warranties
Considering the applicable laws, the API and the contents are made available to the user “as such” without guarantee of any sort of continuation of service, accuracy, reliability, results, performance, technical support or third party rights.
12. General information
This agreement constitutes the entirety of the licence agreement between the User and Music Story dealing with the use of the API and the contents. It replaces every previous written or oral agreement dealing with the same subject. Nothing in the conditions of the present licence agreement can be interpreted as conferring rights to third parties beneficiaries.
The present licence agreement is concluded intuitu personae : the User cannot be transferred by any means, including through the merger, demerger or other transformation, by a pledge or a divestment of the entirety or parts of the rights under the present licence agreement, without the previous consent of Music Story.
In the case of a force majeure, the responsibility for every party will be discarded. Force majeure for the purpose of the present convention means, in particular : natural catastrophes, war, attacks, riots, strikes, embargos, legal or national emergency provisions, as well as the cases retained by case-law and any other case independent from the expressed will of the parties, preventing the normal execution of the present licence agreement.
The law applicable to the present licence agreement is the French law. In the case of a dispute occuring at the occasion of the present licence agreement, both concerning its interpretation and its execution, the competence is allocated to the competent jurisdictions of the Lille, France courts, notwithstanding a plurality of responders or a guaranteed appeal, even for the urgent procedures or protective measures, in summary proceedings or by petition.
The API and the contents are subject to the french exportation laws and to the applicable laws of other countries, with which the User must strictly comply.
The nullity or the non-opposability of any provision of the present licence agreement will not affect its other provisions, and it shall be interpreted as if the invalid or non-opposable provision was omitted.
Music Story's failure to exercise or apply any right or provision of the present licence agreement does not constitute a waiver to this right or this provision.
In the case this licence agreement is translated in other languages, and if there is a difference of opinion between the two versions, the french version will prevail if the difference of opinion is the result of an error of translation
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