Welcome to ClapCharts, a service provided by ClapCharts SAS ("ClapCharts", "we" "our", or "us").
Description of the Platform
The Platform is a hosting service. Registered users of the Platform may submit, upload and post audio, text, photos, pictures and other content, data or information ("Content"), which will be stored by ClapCharts at the direction of such registered users, and may be shared and distributed by such registered users, and other users of the Platform, using the tools and features provided as part of the Platform and accessible via the Website, Apps and elsewhere. The Platform also enables registered users to interact with one another and to contribute to discussions, and enables any user of the Website, Apps or certain Services (who may or may not be registered users of the Platform) to review, view, listen to and share Content uploaded and made available by registered users.
Your ClapCharts account
You are not obliged to register to use the Platform. However, access to the Apps and certain Services is only available to registered users.
You are solely responsible for maintaining the confidentiality and security of your username and password, and you will remain responsible for all use of your username and password, and all activity emanating from your account, whether or not such activity was authorized by you.
If your username or password is lost or stolen, or if you believe that your account has been accessed by unauthorized third parties, you are advised to notify ClapCharts in writing, and should change your password at the earliest possible opportunity.
You may terminate your account at any time as described in the Termination section below.
Your use of the Platform
(i) You must not copy, rip or capture, or attempt to copy, rip or capture, any audio Content from the Platform or any part of the Platform, other than by means of download or store for offline listening provided by the Platform.
(iii) You must not use any Content (other than Your Content) in any way that is designed to create a separate content service or that replicates any part of the Platform offering.
(iv) You must not employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of any Content.
(v) You must not employ any techniques or make use of any services, automated or otherwise, designed to misrepresent the popularity of Your Content on the Platform, or to misrepresent your activity on the Platform, including without limitation by the use of bots, botnets, scripts, apps, plugins, extensions or other automated means to register accounts, log in, play Content, review Content, particularly where such activity occurs in a multiple or repetitive fashion. You must not offer or promote the availability of any such techniques or services to any other users of the Platform.
(vi) You must not alter or remove, or attempt to alter or remove, any trademark, copyright or other proprietary or legal notices contained in, or appearing on, the Platform or any Content appearing on the Platform (other than Your Content).
(vii) You must not, and must not permit any third party to, copy or adapt the object code of the Website or any of the Apps or Services, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the Platform, or circumvent or attempt to circumvent or copy any copy protection mechanism or territorial restrictions or access any rights management information pertaining to Content other than Your Content.
(viii) You must not use the Platform to upload, post, store, transmit, display, copy, distribute, promote, make available, continue to make available or otherwise communicate to the public any Content that is abusive, libellous, defamatory, pornographic or obscene, that promotes or incites violence, terrorism, illegal acts, or hatred on the grounds of race, ethnicity, cultural identity, religious belief, disability, gender, identity or sexual orientation, or is otherwise objectionable in ClapCharts’s reasonable discretion;
(ix) You must not use or attempt to use another person's account, password, or other information, unless you have express permission from that other person.
(x) You must not collect or attempt to collect personal data, or any other kind of information about other users, including without limitation, through spidering or any form of scraping.
Any and all audio, text, photos, pictures, graphics, and other content, data or information that you upload, store, transmit, submit, exchange or make available to or via the Platform (hereinafter "Your Content") is generated, owned and controlled solely by you, and not by ClapCharts.
ClapCharts does not claim any ownership rights in Your Content, and you hereby expressly acknowledge and agree that Your Content remains your sole responsibility.
Grant of license
Removal of audio Content from your account will automatically result in the deletion of the relevant files from ClapCharts’s systems and servers. However, notwithstanding the foregoing, you hereby acknowledge and agree that once Your Content is distributed to a Linked Service, ClapCharts is not obligated to ensure the deletion of Your Content from any servers or systems operated by the operators of any Linked Service, or to require that any user of the Platform or any Linked Service deletes any item of Your Content. Furthermore, after deletion of an item of Your Content or removal from the ability for other users to listen to the applicable Content offline, the applicable Content may still be temporarily available to other users of the Platform who saved the applicable Content for offline listening on their devices.
Any Content other than Your Content is the property of the relevant Uploader, and is or may be subject to copyright, trademark rights or other intellectual property or proprietary rights. Such Content may not be downloaded, reproduced, distributed, transmitted, re-uploaded, republished, displayed, sold, licensed, made available or otherwise communicated to the public or exploited for any purposes except via the features of the Platform from time to time and within the parameters set by the Uploader on the Platform or with the express written consent of the Uploader. Where you repost another user’s Content, or include another user’s Content in a playlist or station or where you listen to another user’s Content offline, you acquire no ownership rights whatsoever in that Content. Subject to the rights expressly granted in this section, all rights in Content are reserved to the relevant Uploader.
Representations and warranties
You hereby represent and warrant to ClapCharts as follows:
(ii) Your Content and the availability thereof on the Platform does not and will not infringe or violate the rights of any third party, including, without limitation, any intellectual property rights, performers’ rights, rights of privacy or publicity, or rights in confidential information.
(iii) You have obtained any and all necessary consents, permissions and/or releases from any and all persons appearing in Your Content in order to include their name, voice, performance or likeness in Your Content and to publish the same on the Platform and via any Linked Services.
Liability for content
You hereby acknowledge and agree that ClapCharts (i) stores content and other information at the request and with the authorization of its users, (ii) acts merely as a passive conduit and/or host for the uploading, storage and the broadcast of such content, and (iii) plays no active role and gives no assistance in the presentation or use of the content. You are solely responsible for all of Your Content that you upload, post or distribute to, on or through the Platform, and to the extent permissible by law, ClapCharts excludes all liability with respect to all content (including Your Content) and the activities of its users with respect thereto.
ClapCharts and employees, directors, officers and shareholders hereby exclude, to the fullest extent permitted by law, any and all liability which may arise from any content uploaded to the Platform by users, including, but not limited to, any claims for infringement of intellectual property rights, rights of privacy or publicity rights, any claims relating to publication of abusive, defamatory, pornographic, or obscene material, or any claims relating to the completeness, accuracy, currency or reliability of any information provided by users of the Platform. By using the Platform, you irrevocably waive the right to assert any claim with respect to any of the foregoing against ClapCharts or any of its employees, directors, officers or shareholders.
If you discover any content on the Platform that you believe infringes your copyright, please report this to us and make sure that you include the following information:
- a statement that you have identified Content on ClapCharts that infringes your copyright or the copyright of a third party on whose behalf you are entitled to act;
- a description of the copyright work(s) that you claim have been infringed;
- a description of the Content that you claim is infringing and with the artist name and song title;
- your full name, address and telephone number, a valid email address on which you can be contacted, and your ClapCharts user name if you have one;
- a statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law; and
- a statement by you that the information in your notice is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
- with respect to your statement that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed, confirmation that such statement is true and sincere;
- your electronic or physical signature (which may be a scanned copy).
Your notice should be sent to us by email to email@example.com and/or by mail to the following address: ClapCharts, 8 boulevard de Clichy, 75018 Paris, Attn: Copyright Team
Blocking and removal of content
Please also note that individual Uploaders have control over the audio content that they store in their account from time to time, and may remove any or all audio content or other content without notice. You have no right of continued access to any particular item of content and ClapCharts shall have no liability in the event that you are unable to access an item of content due to its removal from the Platform, whether by ClapCharts or the relevant uploader.
The platform, including, without limitation, the website, the apps and all content and services accessed through or via the website, the apps, the services or otherwise, are provided "as is", "as available", and "with all faults".
Whilst ClapCharts uses reasonable endeavors to correct any errors or omissions in the platform as soon as practicable once they have been brought to ClapCharts’s attention, ClapCharts makes no promises, guarantees, representations or warranties of any kind whatsoever (express or implied) regarding the website, the apps, the services or any part or parts thereof, any content, or any linked services or other external services. ClapCharts does not warrant that your use of the platform will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the platform or any part or parts thereof, the Content, or the servers on which the platform operates are or will be free of viruses or other harmful components. ClapCharts does not warrant that any transmission of content uploaded to the platform will be secure or that any elements of the platform designed to prevent unauthorized access, sharing or download of content will be effective in any and all cases, and does not warrant that your use of the platform is lawful in any particular jurisdiction.
Limitation of liability
In no event shall ClapCharts’s aggregate liability to you under this agreement exceed the greater of 100 euros or the amounts (if any) paid by you to ClapCharts during the previous twelve (12) months for the services giving rise to the claim.
ClapCharts and its employees, directors, officers and shareholders, shall have no liability for:
- Any loss or damage arising from: (a) your inability to access or use the platform or any part or parts thereof, or to access any content or any external services via the platform; (b) any changes that ClapCharts may make to the platform or any part thereof, or any temporary or permanent suspension or cessation of access to the platform or any content in or from any or all territories; (c) any action taken against you by third party rights holders with respect to any alleged infringement of such third party’s rights relating to your Content or your use of the platform, or any action taken as part of an investigation by ClapCharts or any relevant law enforcement authority regarding your use of the platform; (d) any errors or omissions in the platform’s technical operation, or from any inaccuracy or defect in any content or any information relating to content; (e) your failure to provide ClapCharts with accurate or complete information, or your failure to keep your username or password suitably confidential; (f) any misconduct by other users or third parties using the platform, especially in breach of the agreement;
- Any loss or damage to any computer hardware or software, any loss of data (including your Content), or any loss or damage from any security breach; and/or
Any claim or cause of action arising out of or related to your use of the platform must be notified to ClapCharts as soon as possible.
You hereby agree to indemnify, defend and hold harmless ClapCharts, its directors, officers, employees and shareholders from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys' fees, resulting from:
(iii) any activity related to your account, be it by you or by any other person accessing your account with or without your consent unless such activity was caused by the act or default of ClapCharts.
Data protection, privacy and cookies
Offer and pricing
Any user who uploads a song to the Platform is considered an "Artist". To upload a song, Artists will need to create a ClapCharts account and fill in the "Upload a track" form. Validating this form constitutes a contract between you and ClapCharts with respect to your use of the Platform. This contract is confirmed as soon as our confirmation email is received. This confirmation email is sent to the email address provided when creating the ClapCharts account.
A track can be uploaded to the Platform only one time.
All fee for the upload of a new track must be paid in advance or when the track is being uploaded to the Platform.It is possible to pay using Visa, Mastercard or any other payment method offered during the payment process.
When uploading a new song to the Platform, there can be a delay that generally won’t exceed 48 hours before the song can be featured in the playlists. This delay occurs in order for ClapCharts to ask enough listeners for their opinion and get a relevant feedback.
Once a song has been successfully uploaded, Artists can log on to the Website at any time to check their tracks’ statistics in real time.
For all track uploaded after the 1st of March 2018, our pricing is detailed on our Pricing page.
For all tracks uploaded before the 28th of February 2018 included, there are special limited conditions:
- Pricing: uploading a new song to the Platform is free.
- Airtime: the airtime period for a new track upload is 45 days, starting as soon as the song is available to be featured in the playlists. At the end of the 45 days of airtime, tracks uploaded during our limited launch offer can be aired a second time for a period of 31 days. Any track that was aired for 45 days and aired again for 31 days cannot be published again to the Platform.
At any time, ClapCharts can change the conditions for Artists to upload tracks to the Platform. In such case, the new conditions will apply only to songs after the condition changes. In case of a significant price increase or decrease in our features, you will be notified of these changes at least six (6) weeks in advance, and they will apply only to songs uploaded after the condition changes.
Changes to the Platform, accounts and pricing
ClapCharts reserves the right at any time and for any reason to suspend, discontinue, terminate or cease providing access to the Platform or any part thereof, temporarily or permanently, and whether in its entirety or with respect to individual territories only. In the case of any temporary or permanent suspension, discontinuation, termination or cessation of access, ClapCharts shall use its reasonable endeavors to notify registered users of such decision in advance.
You hereby agree that ClapCharts and its employees, directors, officers and shareholders shall not be liable to you or to any third party for any changes or modifications to the Website, Apps and/or any Services that ClapCharts may wish to make from time to time, or for any decision to suspend, discontinue or terminate the Website, the Services or any part or parts thereof, or your possibility to use or access the same from or within any territory or territories.
ClapCharts may change the features of any type of account, may withdraw or, or introduce new features, products or types of account at any time and for any reason, and may change the prices charged for any of its offers from time to time. In the event of any increase in the price or material reduction in the features of any offer which you have purchased, such change(s) will be communicated to you and will only take effect with respect to songs uploaded after the condition changes. In all other cases, where ClapCharts proposes to make changes to any type of offer you have purchased, and these changes are material and to your disadvantage, ClapCharts will notify you of the proposed changes by sending a message to your ClapCharts account and/or an email to the then current email address that we have for your account, at least six (6) weeks in advance. You will have no obligation to continue using the Platform following any such notification, but if you do not terminate your account as described in the Termination section below during such six (6) week period, your continued use of your account after the end of that six (6) week period will constitute your acceptance of the changes.
You may terminate this Agreement at any time by sending notice in writing to ClapCharts at 8 boulevard de Clichy, 75018 Paris, France, confirming such termination, by removing all of Your Content from your account, or by deleting your account and thereafter by ceasing to use the Platform. If you have any song being aired, and terminate this Agreement before the end of the airtime, we are unable to offer any refund for any unexpired period.
Once your account has been terminated, any and all Content residing in your account, or pertaining to activity from your account (for example, data relating to the distribution or consumption of your sounds), will be irretrievably deleted by ClapCharts, except to the extent that we are obliged or permitted to retain such content, data or information for a certain period of time in accordance with applicable laws and regulations and/or to protect our legitimate business interests. You are advised to save or back up any material that you have uploaded to your account before terminating your account, as ClapCharts assumes no liability for any material that is irretrievably deleted following any termination of your account. ClapCharts is not able to provide you with any .csv or other similar file of data relating to activity associated with your account, whether before or after termination or cancellation. This data is provided and is accessible only for viewing via your account page on the Website for as long as your account is active.
If you access the Platform via any of our Apps or via any third party app connected to your account, deleting that app will not delete your account. If you wish to delete your account, you will need to do so from the Account page on the Website.
Applicable law and jurisdiction
Except where otherwise required by the mandatory law of the United States or any member state of the European Union
(i) this Agreement is subject to the laws of France, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and excluding the principles of conflict of laws (international private law); and
(ii) you hereby agree, and ClapCharts agrees, to submit to the exclusive jurisdiction of the courts in Paris, France for resolution of any dispute, action or proceeding arising in connection with this Agreement.
The services hereunder are offered by ClapCharts SAS, registered to Paris RCS with the number 824 567 408, and VAT registration number FR 88 824567408. ClapCharts’ headquarters is located at 8 boulevard de Clichy, 75018 Paris, France.
Contact : firstname.lastname@example.org