Un nouveau service mp3…

Je me demandais récemment s’il était encore possible de proposer des services liés à la musique sans se prendre en frontal les majors et autres itunes. Apparemment, mp3tunes propose des services intéressants mais qui à mon sens ne régleront pas le problème du piratage de la musique… Donc les fonctionnalités proposées par mp3tunes (le nom est quand même borderline par rapport à nos amis d’iTunes) sont les suivants pour la version gratuite :

Mettre en ligne ses mp3 sur le site de mp3tunes

Jouer votre musique de n’importe quel PC

Pour la version payante (une quarantaine d’euros par an) :

Un backup de vos mp3

Et une synchronisation entre le online et le offline

Voila je teste le service histoire de voir… Michael Arrington de techcrunch teste lui la version payante, lors de l’upload de ses mp3 le système a planté, dommage…

MP3 mp3tunes

Voici quand même les conditions générales de ventes du site :

MP3TUNES TERMS OF USE

PLEASE READ THIS TERMS OF USE AGREEMENT CAREFULLY BEFORE USING THIS SITE. MP3TUNES, LLC (« MP3Tunes, » « we, » « us ») provides this web site and all site-related services (collectively, the « Site ») subject to your compliance with the terms and conditions set forth in this agreement (the « Agreement »). This Agreement governs the relationship between MP3tunes and you, the Site visitor and/or subscriber (« you ») with respect to your use of the Site. It is important that you read carefully and understand the terms and conditions of this Agreement. BY USING THE SITE, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THE SITE.

We reserve the right at any time at our sole discretion to:

* Change, modify, add or remove the terms and conditions of this Agreement;

* Change the Site, including eliminating or discontinuing any content on or feature of the Site; or

* Change any fees or charges for use of the Site.

Any changes we make will be effective immediately upon posting a revised version of this Agreement on the Site. Your continued use of the Site following such changes will be deemed acceptance of such changes. Be sure to return to this page periodically to ensure familiarity with the most current version of this Agreement. Upon our request, you agree to sign a non-electronic version of this Agreement.

Materials. All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, music (other than music or content uploaded by You or at Your request), artwork and computer code (collectively, « Materials »), including but not limited to the design, expression, structure, « look and feel » and arrangement of the Materials, contained on the Site is owned, controlled or licensed by or to MP3tunes, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Except as expressly provided in this Agreement, no part of the Site and no Materials may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including « mirroring ») to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without MP3tunes’s express prior written consent. Unless otherwise specified on the Site, you may download Materials displayed on the Site, and may use the downloaded Materials, solely for your personal, non-commercial informational purpose and ? do not copy or post the Materials on any networked computer or broadcast it in any media. You must retain all copyright and other proprietary notices on downloaded and copied Materials, and any such downloads or copies are subject to the terms and conditions of this Agreement. Use or downloading of the Materials is conditioned on acceptance of the terms and conditions of any license agreements relating to the Materials, including agreements of third parties. By acquiring or using the Materials, you agree to such terms and conditions. You may not download, copy or use any of the Materials except as expressly authorized by this Agreement and, in any event, you may not distribute, modify, transmit or publicly display the Materials without the written consent of MP3tunes or, if so indicated in writing by MP3tunes, its licensors or suppliers. You acknowledge that you do not acquire any ownership rights by using the Site or the Materials.

The trademarks, logos, and service marks displayed on the Site (collectively the « Trademarks ») are the registered and unregistered trademarks of MP3tunes, MP3tunes’s licensors and suppliers, and others. The Trademarks owned by MP3tunes, whether registered or unregistered, may not be used in connection with any product or service that is not MP3tunes’s, in any manner that is likely to cause confusion with customers, or in any manner that disparages MP3tunes. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of MP3tunes, MP3tunes’s licensors or suppliers, or the third party owner of any such Trademark. Misuse of any Trademarks is prohibited, and MP3tunes will aggressively enforce its intellectual property rights in such Trademarks, including via civil and criminal proceedings.

You acknowledge that by uploading music or any other content to the Site, or requesting that music or any content be uploaded to your account maintained on the Site, that you are directing MP3tunes to store the file in the format in which it is uploaded and to covert and store it in the MP3 format, or such other format in which it may be converted by MP3tunes. You agree that you will not upload music and content, and will not request that any music or content be uploaded to your account maintained on the Site, that infringes the copyright or other intellectual property rights of any third party.

Registration. Some areas of the Site may require you to be or become a MP3tunes subscriber. When and if you register to become a subscriber, you agree to (a) provide accurate, current and complete information about yourself as prompted by our registration form (including your email address) and (b) maintain and update your information (including your email address) to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate this Agreement and your use of the Site.

As part of the registration process, you will be asked to enter your email address and password. We may refuse to grant you an account utilizing an email address that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion. You will be responsible for the confidentiality and use of your email address and password and you agree not to provide, disclose, transfer or resell your email address and password or use of or access to the Site to any third party. If you have reason to believe that your account with us is no longer secure, you must promptly change your password by visiting https://shop.mp3tunes.com/forgotPassword.php and immediately notify us of the problem by emailing us athelp@mp3tunes.com. You are entirely responsible for maintaining the confidentiality of your EMAIL ADDRESS and password and for any and all activities that ARE CONDUCTED through your account.

Code of Conduct. While using the Site and/or Materials, you agree not to:

* Restrict or inhibit the proper working of the Site or any other visitor or subscriber from using the Site, including, without limitation, by means of « hacking » or defacing any portion of the Site;

* Use the Site or Materials for any unlawful purpose or any purpose prohibited under this Agreement, or to solicit the performance of any illegal activity;

* Express or imply that any statements you make are endorsed by us, without our prior written consent;

* Transmit (a) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us),

* Engage in spamming or flooding or taking any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site;

* Transmit any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a destructive nature;

* Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site;

* Remove any copyright, trademark or other proprietary rights notices contained in the Site or Materials;

* « Frame » or « mirror » any part of the Site without our prior written authorization;

* Link to any page of or content on the Site other than the URL located at http://www.mp3tunes.com/;

* Use any robot, spider, site search/retrieval application, page-scrape, deep-link or other manual or automatic device or process to retrieve, index, « data mine » or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents; or

* Harvest or collect information about Site visitors or members without their express consent.

While using the Site and/or Materials, you agree to comply with all applicable laws, rules and regulations.

Making Purchases. If you wish to purchase products or services described on the Site, you will be asked by MP3tunes or the third party provider of the product or service to supply certain information applicable to your purchase, including, without limitation, credit card and other information. You understand that any such information will be treated by MP3tunes in the manner described in our Privacy Policy, which can be found at http://www.mp3tunes.com/privacy_policy.php MP3tunes’ Privacy Policy applies to use of this Site, and its terms are made a part of this Agreement by this reference. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted. You agree that all information that you provide to MP3tunes or such third party provider will be accurate, current and complete. You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases.

Verification of information applicable to a purchase may be required prior to MP3tunes’s acceptance of any order. Price and availability of any product or service are subject to change without notice. Current rates for any product or service available through the Site may be obtained by contacting our Member Services Department at members@mp3tunes.com.

Submissions and Postings. Please note that, because we and our designees host message boards and other forums found on the Site (collectively, the « Forums ») and, therefore, redistribute materials you give to us, we require certain rights in those materials Accordingly, by sending or transmitting to us creative suggestions, ideas, notes, concepts, information or other materials (collectively, « Submissions »), or by posting such Submissions to any area of the Site, you grant us and our designees a worldwide, non-exclusive, sublicenseable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Submissions in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. None of the Submissions will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Submissions. [INCLUDE THIS SECTION AND THE NEXT SECTION IF MP3TUNES WILL BE PROVIDING A FORUM OR CHAT ROOM] not yet.

We have no obligation to monitor the Site or the Forums, or any Submissions or other materials that you or other third parties transmit or post on the Site or the Forums. You acknowledge and agree that we have the right (but not the obligation) to monitor the Site and the Forums and the materials you transmit or post; to alter or remove any such materials (including, without limitation, any posting to a Forum); to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Site properly; to protect ourselves, our sponsors and our members and visitors; and to comply with legal obligations or governmental requests.

Links. The Site contains links to other Internet web sites which may or may not be owned or operated by MP3tunes. MP3Ttnes has not reviewed all of the web sites that are linked to the Site, and MP3tunes has no control over such sites. Unless otherwise explicitly stated, MP3tunes is not responsible for the content of such web sites, any updates or changes to such sites, or the privacy or other practices of such sites, and the fact that MP3tunes offers such links does not indicate any approval or endorsement of any material contained on any linked site. MP3tunes is providing these links to you only as a convenience. Accordingly, we strongly encourage you to become familiar with the terms of use and practices of any linked site. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from the Site or other sites) is free of such items as viruses, worms, trojan horses, defects, date bombs, time bombs and other items of a destructive nature.

Claims of Copyright Infringement. MP3tunes respects the intellectual property of others, and we ask our users to do the same. The Digital Millennium Copyright Act of 1998 (the « DMCA ») provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by MP3tunes infringe your copyright (for example, materials stored by MP3tunes for a subscriber or on one of our Forums), you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow MP3tunes to locate the material on the Site; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed by MP3tunes against you, the DMCA permits you to send MP3tunes a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Site should be sent to MP3tunes, LLC, 9333 Genesee Ave, Suite 100, San Diego, CA 92121, Attn: E Richards. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.

Under the appropriate circumstances, it is MP3tune’s policy to remove and/or to disable access from MP3tunes to web pages of repeat infringers, to terminate subscribers and account holders who are repeat infringers, and to remove and/or to disable access from MP3tunes to web pages as to which there have been steps taken for the purpose of affecting MP3tunes’s search results such as adding inappropriate « meta-tags. »

Access by Minors. Pursuant to 47 U.S.C. Section 230 (d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the web sites of the Electronic Frontier Foundation (http://www.eff/org/pub/Censorship/Ratings_filters_labelling/) and of America Links Up (http://www.netparents.org/parentstips/browsers.html).

Jurisdictional Issues. The Site is solely directed to individuals residing in the United States. We make no representation that Materials available on or through the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

We reserve the right to limit the availability of the Site and/or the provision of any service, program, film or other product described thereon to any person, geographic area or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such service, program, film or other product that we provide.

Rules for Sweepstakes, Contests and Games. Any sweepstakes, contests or games that are accessible through the Site are governed by specific rules. By entering such sweepstakes or contests or participating in such games you will become subject to those rules. We urge you to read the applicable rules, which are linked from the particular activity, and to review our Privacy Policy which, in addition to this Agreement, governs any information you submit in connection with such sweepstakes, contests and games.

Termination. This Agreement shall remain effective until terminated in accordance with its terms. Either party may terminate this Agreement immediately upon notice to the other party. In addition, we reserve the right to immediately terminate this Agreement, and/or your access to and use of the Site or any portion thereof, at any time and for any reason, with or without cause. Upon termination of this Agreement by either party, your right to use the Site shall immediately cease, and you shall destroy all Materials obtained from the Site and all copies thereof, whether made under the terms of this Agreement or otherwise.

Disclaimers. THE SITE, THE MATERIALS ON THE SITE, ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SITE ARE PROVIDED « AS IS » AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MP3TUNES AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you. MP3TUNES AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, THE SERVER(S) ON WHICH THE SITE IS HOSTED OR SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE SOFTWARE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF MP3TUNES OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE ON THE SITE, IN THE SOFTWARE OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SITE AND ANY MATERIALS PROVIDED THROUGH THE SITE ARE ENTIRELY AT YOUR OWN RISK.

A possibility exists that the Site, Materials or Forums could include inaccuracies or errors, or information or materials that violate this Agreement (specifically, the Code of Conduct above). Additionally, a possibility exists that unauthorized alterations could be made by third parties to the Site, Materials or Forums. Although we attempt to ensure the integrity of the Site, we make no guarantees as to the Site’s completeness or correctness. In the event that a situation arises in which the Site’s completeness or correctness is in question, please contact us at help@mp3tunes.com with, if possible, a description of the material to be checked and the location (URL) where such material can be found on the Site, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable. For copyright infringement claims, see the section on « Claims of Copyright Infringement, » above.

Limitation of Liability. NEITHER MP3TUNES NOR ANY OF OUR AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR MATERIALS CONTAINED ON THE SITE, ANY LINKED SITE OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, MATERIALS, OR ANY LINKED SITE IS TO STOP USING THE SITE, MATERIALS, OR LINKED SITE, AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO MP3TUNES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITE IN THE SIX (6) MONTHS PRIOR TO THE INCIDENT GIVING RISE TO THE LIABILITY. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Indemnification. You agree to indemnify, defend and hold MP3tunes, our affiliates, licensors, suppliers, advertisers and sponsors, and our and their directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement or any End User License Agreements you have agreed to, including any violation of the Code of Conduct, above; (b) any allegation that any Submissions or other materials you submit to us or transmit to the Site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with the Site.

Questions. The Site is provided by MP3tunes, LLC. If you have any questions, comments or complaints regarding this Agreement or the Site, feel free to contact us at MP3tunes, LLC, 9333 Genesee Ave, Suite 100, San Diego, CA 92121, 858-779-9058 or help@mp3tunes.com..

Notice for California Users. Under California Civil Code Section 1789.3, California Site users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

Miscellaneous. This Agreement is governed by and construed in accordance with the laws of the State of California, United States of America, without regards to its principles of conflicts of law. You agree to submit to the exclusive jurisdiction of any State or Federal court located in the County of San Diego, California, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire Agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral Agreements between us with respect to such subject matter. This Agreement is not assignable, transferable or sublicenseable by you except with MP3tunes’s prior written consent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.

Please read the MP3tunes Privacy Policy.