Terms of Use

This site (the “Site”) is published by AKN Records Ltd., 20-22 Wenlock Road, London N1 7GU – United Kingdom, company registered for England and Wales under number 13090281, (hereinafter “Kapana”, “Kapana Music”, “AKN Records”, “AKN Records Ltd”, “AKN”, “we”, “our”, “our”).

The Site is hosted by
OVH
140 Quai du Sartel
59100 Roubaix – France
https://www.ovh.com

The Site provides its users with access to content relating to AKN Records and its artists (“Artists”) and in particular musical content, images, discussion forums, games, texts, data and other similar content. . All the content and services provided on the Site are hereinafter referred to by the term “Services”.

Your use of the Site is governed by these General Conditions of Use regardless of the means by which you access the Site (via the Internet, via a “Wireless Access Protocol” type network (commonly referred to as “WAP”), through a mobile network, or through other types of networks. These General Conditions of Use govern your relationship with AKN Records.
The Site may include third party applications (as defined in section 12 below).
Your use of such applications is governed by additional terms which are not included in these General Terms and Conditions and which are made available by their suppliers.

Article 1 : Acceptance of conditions

Access to and use of the Site implies your unreserved acceptance of these General Terms and Conditions of Use, the Personal Data Processing Policy (hereinafter referred to as the “Policy”) and the General Terms and Conditions of Sale as well as any additional information that may appear on the Site.
We reserve the right to make changes to these General Conditions of Use, changes which will take effect as soon as they are posted on the Site. Your use of the Site implies acceptance of the modified General Conditions of Use.

Article 2 : Territory

The Site may be unavailable in certain countries. You are responsible for your use of the Site. In particular, you agree to comply with all local laws and rules of practice.
We reserve the right to restrict access to the site, in whole or in part, to any person, geographic area or jurisdiction at any time and in our sole discretion.

Article 3 : Information communicated

You may be required to communicate your personal data to third parties through the Site (for example, when you subscribe to the service of a supplier through the Site).
In such a case, the processing of your personal data falls within the personal data processing policy of this third party and not under The Policy.
You declare that all the information you submit through the Site is accurate and complete and you agree to update it on a regular basis.

Article 4 : Rules of use

By accessing or using the Site, you agree to comply with all applicable legislation as well as the rights of third parties. In particular, you agree to comply with the following rules (“The rules of use”):
You agree not to:
– Display, transmit or put online through the Site:
· One or more content of an indecent, pornographic, degrading, defamatory, fraudulent, obscene, threatening, harassing or inciting to racial hatred.
· One or more content promoting games of chance or which encourages illegal activities infringing intellectual property rights such as “piracy”, unauthorized access to the information system “cracking” or “phreaking” or more generally reprehensible by law.
One or more contents containing a virus, hidden message, spyware or any other harmful element or likely to mislead, or whose purpose is to observe the activity of an information system, software or equipment.
· Messages of the “spam” type (unsolicited commercial prospecting by electronic means) or promoting pyramid-type practices.
· One or more confidential information (not public) relating to a company without the express authorization of the legal representative of this one.
– Use the Site for an aim contrary to the laws in force.
– Use the Site to defame, harass, threaten or violate the rights of another user of the Site including, without limitation, the rights relating to the protection of personal data, the right to privacy as well as the right to liberty expression.
– Impersonate a natural or legal person (including AKN Records and its affiliates) or falsely present yourself as being linked to another natural or legal person;
– Hinder the operation of the Site and / or access to it, in particular by modifying server and / or network parameters or in general, by violating procedures and rules of use relating to networks.
– Restrict or prevent a third party from using or enjoying the Site or all or part of the Services;
– Reproduce, duplicate, copy, sell, resell or exploit for commercial purposes, all or part of the Site.
– Use the site to promote products and services without obtaining our prior consent.
– Modify, adapt, translate, decompile or disassemble all or part of the Site except in cases expressly authorized by applicable law.
– Delete the mentions relating to intellectual property rights or any other element of the Site (text, image, sound or others).
– Duplicate or reproduce in the form of “framing” all or part of the Site.
– Create a database in order to download and systematically save all or part of the content of the Site.
– Use a search robot “spider” or a site vacuum cleaner or another manual or automatic device allowing to extract, index the data of the Site or to reproduce or divert the navigation structure or the presentation of the Site, without our prior agreement .
We reserve the right to terminate your use in the event of a violation of these terms.

Article 5 : Registration

You will have to create an account to be able to use part(s) of the Site.
We reserve the right to reject, or require modification of, any username, password or other information you provide during registration.
The username and password are intended for strictly personal use.
You are responsible for all use of your username and password, and you agree to notify us of any fraudulent use of your account on the Site as soon as you become aware of it.

Article 6 User content

a) General provisions:
The site may contain spaces where you can post your own content, including, without limitation, texts, images, photographs, graphics, music, videos, audiovisual works, data, files, links and the like (hereinafter “User Content” ). You will retain ownership of any User Content you post, subject to these terms (including the licensing in section 6 (b) below).

b) Authorization:
For each User Content that you upload to the Site, you authorize us (us and our affiliates) on a non-exclusive and transferable basis, for the entire legal term of the rights, free of charge, for the whole world to: (i ) reproduce, distribute, transmit, make available to the public, communicate to the public, represent, display (publicly or not), edit, modify, adapt, create derivative works from User Content, on any medium and whatever either the format, including on media or formats unknown to date or which will develop, on the Site or in connection with the Site or on any service or similar product published or marketed by one of our affiliates (eg: sites internet, mobile or PC application, “widget” or programming interface); these services and products being hereinafter referred to as “Services relating to the Site”; (ii) use any brand, advertisement relating to User Content; (iii) use your name, photograph or portrait reproducing your image, image, voice, appearance and biographical information that you have provided in connection with your User Content, for the purposes of promoting the Site or the Services relating to the Site and relating to in all cases to your User Content; (iv) use your User Content for promotional purposes relating to the Site, Site-related Services and artists; (v) sub-license the rights set out in sections (i), (ii), (ii), (iv) to one or more third parties and without this sub-license giving rise to new remuneration This license cannot be understood as an authorization to incorporate into your User Content any content that is owned by our company, our parent company, our affiliates, the Artists or our suppliers.
IF YOU DO NOT WISH TO GRANT THE RIGHTS REFERRED TO IN THIS ARTICLE 6, WE INVITE YOU NOT TO PLACE USER CONTENT ON THE SITE OR TO USE THE FEATURES OF THE SITE.

c) Limitation of liability:
It is possible that users of the site post partial or incorrect information or User Content that violates these conditions. We, our affiliates, licensors, Artists and suppliers can not be held responsible for User Content posted on the Site or through it. User Content is considered non-confidential and we may use it (i) without a confidentiality agreement, and (ii) without this information being attributed to you or to a third party. We reserve the right to limit the number and size of any User Content uploaded through the Site or the storage space reserved for such content.

d) User Declaration:
By accepting these terms you represent that you are not entitled to any remuneration for the use or exploitation of your User Content by AKN Records (including without limitation, our suppliers, our affiliates, the Artists and their respective representatives) and this, within the limits of the rights granted under these conditions and / or the applicable law.

e) Guarantees:
By accepting these general conditions, you guarantee that: -You have the legal capacity necessary to accept these terms; and -You are the sole owner of the rights to the User Content that you upload through the Site or you are at least the owner of the rights necessary to grant the licenses provided for in these conditions and that you have obtained all express authorizations from potential beneficiaries; and -You have obtained, from any identifiable person whose name is incorporated in your User Content, the necessary written permission to use and operate their name in accordance with these terms. If the identifiable person is a minor, you guarantee that you have obtained the written authorization of his parents or the person exercising parental authority and you agree to provide us with this authorization at any time and on simple request from us; and -Your User Content as well as the use thereof by us or by our affiliated companies or by persons delegated for this purpose (including, without limitation, our Artists, and our suppliers and their respective representatives, and suppliers of our companies affiliates) does not infringe on trademarks, patents, trade secrets, copyrights or any other right belonging to a third party; and -The User Content that you upload is not confidential and does not contain any confidential information. -By uploading your User Content: · You have complied with applicable laws and regulations (including, without limitation, these terms).
· You have not violated any obligation, agreement or commitment or to which you have entered or committed (including any agreement entered into with a third party).

f) waiver, additional guarantees and indemnity:
Within the limits provided by law, you waive all claims or proceedings of any kind whatsoever against AKN Records, its affiliates, Artists and their licensors, representatives and suppliers. In particular, you waive the liability of AKN Records, its parent company, its affiliates, Artists and their licensors, representatives and suppliers for any reason related to the use of User Content in accordance with the rights granted in this section 6. You agree, upon simple request from us, to take all measures that we deem necessary or desirable to enable us to perform these conditions and in particular the rights granted to User Content. Without prejudice to the other provisions hereof, you agree to indemnify AKN Records, its affiliates, partners, Artists and their representatives and suppliers under the conditions provided herein, including Article 16 below.

g) Obligation of use:
For the purposes of clarification, we reserve the right to use or not to use one or more of the rights granted to us under these terms. These terms do not confer any obligation to use User Content on AKN Records, its affiliates, Artists and their representatives and suppliers.

Article 7: Unsolicited proposals 

Notwithstanding any provision to the contrary in these conditions, we are under no obligation to study or take into account any proposals, suggestions, ideas or remarks (“Unsolicited Proposals”) whatever the subject (the Site , Services, products or other). Unsolicited Proposals are not treated as confidential. We reserve the right to use unsolicited Submissions at our sole discretion and without you being able to claim any remuneration or compensation of any kind.

Article 8: Monitoring

AKN Records is not subject to an obligation to monitor such content for which it is the host within the meaning of Article 6.I.2. of Law 2004-575 of June 21, 2004. We may need to:

a) monitor and evaluate any User Content after it appears on the Site.
b) verify that you have obtained all necessary rights, consents and authorizations regarding your User Content in accordance with these terms. c) reject or remove any User Content at any time and for any reason (including, without limitation, if we determine, in our sole discretion, that you have not obtained all necessary rights, permissions and consents and this despite your statements).
You agree to cooperate with us in connection with any checks and / or inquiries we carry out in connection with the foregoing.
We reserve the right to disclose any User Content as well as the elements relating to its transmission to any person and for any reason whatsoever, in accordance with The Policy.
If you are aware of any illegal, offensive or objectionable content on the Site (with the exception of content infringing copyright and which is dealt with in article 22 below), please contact us using the form online contact on the site indicating your name and address, a description of the illegal content and the URL or exact location of such content.

Article 9 : Purchases and Products

Unless we expressly indicate otherwise, all Transactions carried out through the Site, as well as all products available on the Site and your use of these Products are subject to our General Terms and Conditions of Sale (“GTC”). If a Transaction or a particular Product is subject to specific conditions contrary to these conditions or to the GTC, the specific conditions of the Transaction or the Product will apply. References to Products on the Site do not imply our endorsement and / or endorsement thereof.

 Article 10 : Promotion rules

The games and contests, as well as any other promotional operation available on the Site (hereinafter “Promotion”) are subject to conditions which are separate from these conditions. If you wish to participate in a Promotion, we invite you to check the conditions relating to this Promotion and to consult The Policy. In the event of a conflict between the terms of the Promotion and these conditions, the terms of the Promotion will apply.

Article 11 : Intellectual property rights

We, our affiliates, and/or our licensors and suppliers own all content that we make available to users on the Site. This content is protected by copyright, trademark law, patent law or any other legislation in force. Unless expressly authorized in advance by us, you agree not to reproduce, modify, rent, borrow, sell, distribute or create derivative works based on all or part of the Site or any other content made available through the intermediary of the site.
We own certain trade names and brands on the Site including without limitation “AKN Records Ltd.”.
In addition, the Site may contain trademarks and trade names or other protected material belonging to third parties.
These protected elements remain the property of their respective rights holders. All patents, brands, trade names and/or other elements of intellectual property are protected by the laws in force.
Unless expressly authorized in advance, you agree not to reproduce, modify, rent, borrow, sell, distribute or create derivative works based on all or part of the Site or on any other element made available through the site.
No mention on the site should be interpreted as granting a license or a right to use a trade name, a trademark or any other protected element without the prior written consent of the rights holder.
PLEASE NOTE THAT UNAUTHORIZED USE OF THE PRODUCTS AND SERVICES, INCLUDING WITHOUT LIMITATION, USE OF THE SERVICE SOFTWARE, MAY ENGAGE YOUR CIVIL AND PENAL LIABILITY (INCLUDING, WITHOUT LIMITATION, A POSSIBLE SENTENCE TO PAY DAMAGES).

Article 12 : Third party applications

The site may contain software and services (or links relating thereto) published by third parties and made available by our suppliers (hereinafter “Third Party Application”). To the extent that we have no control over Third Party Applications, we our respective affiliates, partners, Artists and representatives cannot be held responsible for any Third Party Application, including, without limitation, workmanship, accuracy, integrity, quality, legality, usefulness, or security, or intellectual property rights relating to the Third Party Application or its use. We have no obligation to monitor the Third Party Application and we reserve the right to remove or limit access to all or part of the Third Party Application from the Site in our sole discretion. The availability of a Third Party Application on the Site does not imply our approval of it or our affiliation with its provider. In addition, your use of the Third Party Application may be subject to additional terms (such as terms provided by the provider of the Third Party Application) that are not included in these terms or in The Policy. These Terms do not establish any legal relationship between you and the provider of the Third Party Application. Nothing in these terms and conditions should be construed as a warranty by us or our parent company, subsidiaries, affiliates, Artists or their representatives with respect to any Third Party Application. 

Article 13 :  Third party content

The Site may incorporate certain features allowing access to content provided by third parties (“Third Party Content”). To the extent that we do not control Third Party Content, you agree that AKN Records, its affiliates, partners, Artists and their representatives cannot be held responsible for Third Party Content, including, without limitation, performance, the accuracy, integrity, quality, legality, usefulness, or safety, or intellectual property rights relating to Third Party Content or its use. We have no obligation to monitor Third Party Content and we reserve the right to remove or limit access to all or part of Third Party Content from the Site in our sole discretion. The provision of Third Party Content on the Site has not been approved by AKN Records and does not imply our direct or indirect link with the provider of said Content or our affiliation with its supplier. In addition, your use of Third Party Content may be subject to additional terms (such as terms provided by the provider of Third Party Content) that are not included in these terms or in The Policy. These terms do not establish any legal relationship between you and the provider of Third Party Content. Nothing in these terms and conditions should be construed as a guarantee by us or our parent company, subsidiaries, affiliates, artists or their representatives with respect to Third Party Content. 

Article 14 : Links and flows

The site may contain links to external sites and / or information feeds from other sites. These external sites have not been approved by us.
External sites may contain links to the Site with or without our consent.
We reserve the right to block any link to or from the Site.
YOUR USE OF AN EXTERNAL WEBSITE IS AT YOUR SOLE RESPONSIBILITY. WE CANNOT BE HELD RESPONSIBLE FOR SUCH USE.

Article 15 : limitation of liability:

WE MAKE NO WARRANTIES ON THIRD-PARTY CONTENT AND THIRD-PARTY APPLICATIONS PRESENT ON THE SITE. FURTHERMORE, WE CANNOT GUARANTEE THE COMPATIBILITY OF AN APPLICATION WITH THE SITE AND INVITE YOU TO CHECK THIS COMPATIBILITY FIRST. YOU REMAIN SOLELY RESPONSIBLE FOR (A) OBTAINING THE SOFTWARE, HARDWARE, AND / OR ANY OTHER MATERIAL (INCLUDING CONNECTION TO THE INTERNET) NECESSARY FOR THE USE OF THE SITE (B) ENSURE THAT THE SOFTWARE, HARDWARE AND SERVICE YOU USE IS COMPATIBLE WITH THE SITE. YOU ARE SOLELY RESPONSIBLE FOR THE ASSESSMENT OF RISKS RELATED TO THE USE OF THE SITE INCLUDING, WITHOUT LIMITATION, THE ACCURACY, COMPLETENESS OR USEFULNESS OF THIRD PARTY APPLICATIONS, THIRD PARTY CONTENT, AND ALL CONTENT. AVAILABLE ON THE SITE. AKN RECORDS, ITS AFFILIATES, SUPPLIERS, AND ARTISTS AND THEIR RESPECTIVE REPRESENTATIVES (THE “COMPANIES”) SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL DAMAGES OR ANY DIRECT OR INDIRECT LOSS OF CUSTOMER LOSS, LOSS OF PROFIT, ” INSECURITY OF INFORMATION PROVIDED BY YOU IN CONNECTION WITH YOUR USE OF THE SITE (INCLUDING, WITHOUT LIMITATION, WHEN USING OR RECEIVING ANY THIRD PARTY APPLICATION OR THIRD PARTY CONTENT) OR UNAUTHORIZED INTERCEPTION OF SUCH INFORMATION BY THIRD PARTIES. We do our best to maintain the security of the Site. However, we cannot guarantee the security of the Site, Third Party Content or Third Party Applications. In addition, we do not guarantee the uninterrupted functioning of the Site or the Applications of third parties. The Site and / or third party applications may be subject to unauthorized modification by third parties. If you are aware of such a modification, we invite you to notify us via the contact form available on the site, specifying the nature of this modification and the exact location of the modified content (the url link).

 Article 16 : Compensation

Within the limits of applicable law, you agree to defend, indemnify and hold AKN Records, its affiliates and their respective representatives, and their licensors and suppliers (the “Indemnified Parties”) against all claims, actions, lawsuits or proceedings. as well as against all losses, liabilities, damages, costs and expenses (including legal fees) arising from:

• Your use or your activities in connection with the Site;
• Your non-compliance with these General Conditions of Use;
• Complaints from third parties arising out of or in connection with your access to the Site or your use of the latter, in particular information that you have made available to the public on the Site (including, without limitation, infringements copyright.
• The use, non-use or exploitation of your User Content.

Article 17 : Termination 

These conditions are applicable to you when you use the Site, until the termination of your user account. We reserve the right, if necessary, to take any measure we deem appropriate and in particular:
A- to end your access or use of the Site
B- Delete your username and password
C- Delete any file or any information accessible from your user account. We reserve the right to take any measures we deem appropriate for the application of these conditions (including cooperation in the context of any legal proceedings relating to your use of the Site, or to a third party claim relating to your use of the Site). Articles 2, 6-8, 11-19, 21-23 and 25 will remain in force in the event of expiration or termination of these conditions.

Article 18 : Jurisdiction

You agree to submit these terms and their interpretation (and any claim or dispute that may arise under these terms or your use of the Site) to the laws of England and Wales, without regard to principles of conflict of laws.
You accept the exclusive jurisdiction of the courts of England and Wales, and waive any objection in this regard.
Notwithstanding the preceding paragraph, if you reside in a member state of the European Union and access the Site from that state, you agree that these conditions (as well as any claim or dispute in connection with these conditions or your use of the Site) are governed by and interpreted in accordance with the laws of England, without taking into account the principles of conflict of laws.
You accept the exclusive jurisdiction of the English courts and waive any right of objection in this regard.
You further agree that the United Nations Convention on the International Sale of Goods does not apply to these terms.
You agree that any unauthorized use of the Site, the Products or any associated software or Third Party Applications, could result in harm to AKN Records and its affiliates.
In the event of irreparable damage, the COMPANIES have the right, in addition to other available remedies, to order you to take steps to limit their damage. Nothing in this section or in these terms and conditions shall be construed as limiting the remedies available to AKN Records, its affiliates, Artists and their representatives, including, without limitation, remedies relating to breaches of copyright intellectual property.

Article 19 : Parental control

We inform you that parental control solutions are commercially available and can help you limit your children’s access to certain types of content. You can access a list of providers of parental control solutions at http://kids.getnetwise.org/ and http://onguardonline.gov/. Please note that none of the Products and Services mentioned on the Site have received our approval.

 Article 20 : complaints and requests for information

If you have a question or a complaint concerning the Site, we invite you to contact us using the contact form available on the. For security reasons, we therefore invite you not to include confidential information in your email (such as the number of a credit card).

Article 21 : Outlook

Any information on the Site about us or our affiliates that is not historical fact is considered to be (“Outlook”). The Outlook is a forecast only and may be changed or canceled at any time.

Article 22 : Intellectual property – Complaints

If you believe that one or more of the content available on the Site infringes your intellectual property rights, you can (yourself or through your agent) send us a notification asking us to withdraw or deactivate access to such content. Notifications should be sent to:
AKN Records Ltd.
20-22 Wenlock Road, London N1 7GU – United Kingdom
We strongly advise you to consult your legal counsel before sending us a notice of removal of content.

Article 23 : Age requirement

By using the Site, you represent and affirm that you are at least 13 years old. If you are a minor over 13 years old, we invite you to obtain the consent of your parents or the person exercising parental authority to be able to use the Site and purchase Products.

Article 24 : Contact

If you have any questions regarding the interpretation and / or application of these conditions, we invite you to contact us using the contact form available on the site. For security reasons, we therefore invite you not to mention confidential information in your emails (such as the number of a credit card).

Artiste 25 : Miscellaneous provisions

If any of the provisions of these General Conditions is canceled in whole or in part, the validity of the remaining provisions of the General Conditions will not be affected.
The fact that AKN Records does not invoke the application of any of the clauses of these General Conditions does not mean that AKN Records waives them.
These General Conditions constitute the entire agreement of the parties with respect to your use of the Site and the Services.
Notifications will be made to you by email, post or through the Site.
Any printed or electronically generated version of these conditions will have the value of an original document.

© 2020 AKN Records Ltd. | KAPANA Music – All rights reserved