Autorisation de diffusion de Gallery-maker.com


GENERAL CONDITIONS OF MEMBERS AREA

Victor Reny Création Internet
14 rue du Millénaire
56250 - SULNIAC - France
Tel : 02 97 47 04 41

Last update the 22/09/2014
This text of the general conditions is only a translation of the French version. Only the French version serves as legal text.

1. Accept the Terms and Conditions.

This publication agreement specifies the terms and conditions that apply to a person or a legal entity in the use of internet publishing site Free-scores.com.
We reserve the right to examine the relevance of your content and can choose to remove it from our site, if we decide it is inappropriate. If you do not follow these guidelines or terms and conditions of this Agreement, we reserve the right to terminate your participation in the program.

Definitions :
"Content": scores, such as compositions, text, images, sound, or any other material that (depending on context) is downloaded or made available for printing or listening.
"Free-scores.com", "we" or "VRCI" means Victor Reny Creation Internet, its successors and assigns.
"You", "THE ARTIST" or "Member" means the member of the site visitor identified by access login and password.
"Customer" and "USER" means a visitor making a purchase license on Free-scores.com.

2. Changes in convention

We may change the terms of this Agreement or the Service at any time (s) in our sole discretion. Your continued use of the Site or the Service constitutes your agreement to all changes. If you do not agree to new or different conditions, you should not use the Site or the Service.

3. Authorization

Free-scores.com is a platform for sharing musical Contents.
To do this, by publishing any Content through the member area of the site on Free-scores.com , you grant Free-scores.com and any other sites or applications in the VRCI network a limited license to display and distribute this content or parts thereof, in any form and medium, the license you grant to Free-scores.com is non-exclusive and valid worldwide.

ARTIST may revoke this authorization at any time by removing itself files it added to the site or requesting the closure of his account..

Moreover, the ARTIST guarantees to VRCI the rights of publication of ARTIST's Content on the Free-Scores.com website. Free-scores.com is not a publisher. Publication of scores and audio files on Free-scores.com suppose the transfert of nonexclusive license of the ARTIST such the publication authorization and the distribution of public performance licenses (for the licenses program sale) (revocable by the member as specified above). All other transfers of rights ARTIST make in the context of a specific contract negotiated directly with VRCI.

Despite our efforts at moderation to avoid any posting defiant disorder copyright, moderation is not a guarantee of Free-scores.com responsibility if problems of law. The ARTIST engage that in no case a third or a designer can claim and oppose Free-Scores.com copyright and / or proprietary to the works concerned. ARTIST guaranteed to VRCI against any trouble, claim any eviction and injury that VRCI may suffer thereby, or more generally the fact that his works or his use of the website Free-Scores.com would affect the rights of third parties. In this case VRCI can not be held responsible and if legal proceedings are initiated by a third party VRCI reject responsibility on the diffuser member of the offending files.
Therefore, VRCI requires each member to indicate and keep up to date the exact postal address from an online form available in the member zone. Inaccurate contact the member could lead deleting files online without notice.

4. FILES.

PDF SHEET MUSIC FILES:

The free sheet submitted to free-scores.com must be complete (no sheet music extract allowed)
You may only put it on-line for one of these specific cases :

• An original composition :
It is an original sheet music that you have written, You should be the sole copyright owner of this piece.

You have the ability, from within on your account, to permit or not down-loading of any mp3 version of your works by other members.

• A new arrangement or an edition of an out-of-copyright work.
It is a sheet music that you have published by your own means (by music notation software).
Such must be in the public domain under French law: viz.70 years after the composer's death (and, exceptionally, during periods of war, for longer).

• A scanned sheet music of an out-of-copyright work / a public domain score.
A scanned work which is in public domain. Public Domain applies in France as follows:

- To the author: composers and arrangers (deritative works) passes into the Public Domain at the higher time 84 years and 272 days after the 1st January following the death of the authors. These years are made up of 70 years of European standards and 14 years + 272 days of war.)
Details :
Life + 70 years (except posthumous works published after this term)
+ 6 years 152 days for musical work published between 2 august 1914 and 31 december 1919
+ 8 years and 120 days for musical work published between 13 august 1941 and 1st january 1948
+ 30 years for all works if the author died on active service

- To the publishers: count 70 years after the effective date of commercial support (right graphs).
If you contribute to the addition of Public Domain free sheet music on free-scores.com, I recall that it is necessary to indicate one 1st step of adding a sheet music, information about the publisher with the date of the sheet music publication. Visuals and informations from the publisher on the PDF should not be omitted.

The sheet music will have to be in PDF format and must include :
- The composer's name
- If it is an arrangement by someone else you must indicate the arranger's identity.
- A Licence : "Copyright", "All right reserved", "Public Domain" or other licence.
- The PDF must be complete.

By sharing your sheet music on free-scores.com, you grant permission to free-scores.com to disseminate them free-of-charge to other visitors.
You, however, keep all your rights to your pieces: visitors to free-scores.com do not have any rights to redistribute them or to sell them.

MP3 AUDIO FILES:

By putting a full MP3 (audio extracts not allowed) on the site you agree that your file complies with one of the following cases:

• You yourself playing, or uploaded with full permission of everyone playing on the recording

• You have performed sheet music from an another member of the site.
In this case, your rights on the piece are limited to your interpretation. Any other diffusion/service of the piece within another framework that free-scores.com will have to be done with the agreement of the composer /arranger .

By sharing your mp3 on free-scores.com, you grant permission to free-scores.com to disseminate them free-of-charge to other visitors.
You, however, keep all your rights to your pieces: visitors to free-scores.com do not have any rights to redistribute them or to sell them.

MIDI AUDIO FILES :

• You have created the MIDI file yourself. You haven't take it from an another website (or with authorization from file owner).

By sharing your MIDI file on free-scores.com, you grant the permission to free-scores.com to disseminate them free-of-charge to other visitors.
You, however, keep all your rights to your pieces: visitors to free-scores.com do not have any rights to redistribute them or to sell them.

5. Advertising sharing and Donation

5.1 Google Adsense
ARTISTS which added sheet music and/or MP3 can benefit from displaying banners of their own Google Adsense account. It is therefore required prior to the ARTIST to have a Google Adsense account enabled by the Google Adsense team. Free-scores.com has no connection with the company Google Adsense and can not in any way guarantee the success of the member's registration in the Google Adsense program or ensure sustainability over time of the proposed Google-sharing system.
Advertisements Turnover scale is detemined by the number of sheet music or mp3 posted on Free-scores.com by the member. This scale information is available in the Member area. Changes in the levels of scale can be applied without notice by VRCI.

5.2 Paypal Donation
We can provide you the opportunity to receive donations via your artist page. For this, we do not charge a commission, you must have a valid Paypal account to receive donations.

6. Licenses

The license service offered by Free-scores.com is to give your permission for USERS who request it for public performances and/or in an educational setting of your sheet music. To do this you delegate to Free-scores.com the technical and financial management of the authorizations. You agree that the license granted to a USER by Free-scores.com is your own authorization intrinsically to the moral law on the protection of your works. You agree that the certificate issued to the USER by Free-scores.com gives it the necessary permissions set by the Licensing section 6.2 and 6.3 (excluding obligations for public representation in Chapter 6.4).

Using Free-scores.com licenses is authorized only for works that you have all rights. Note that offer a license on Free-scores.com does not change the availability of your score on the site, it is accessible for free on the site.

6.1. Pricing License
The license price is fixed on the basis of a flat fee for a license valid one year. The price of each license is determined by the Member and the minimum amount is set to € 1.00 (license fee) or free (free license).

6.2. License for public performance.
License granted by yourself with whom you authorize the use of your score (only the PDF files on the download page) for the public representation of your music (concerts, live performance only) either free or against a fee to a musician (or group of musicians). This license has a minimum validity of 1 year for an unlimited number of performances. This license is not a license to reproduce or a license to broadcast audio files. It is not valid for the concert organizers or media organizations.

6.3. License for educational purposes
License granted by yourself with whom you authorize teachers to teach and play your sheet music in the context of individual or group lessons in an music school establishement or at home. It also allows public performances of the play in a music school establishement. This license has a minimum validity of 1 year for an unlimited number of performances.

6.4. Author's societiess
If you are an associate of an author's society (such as SACEM in France) know that Free-scores.com license is compatible with your membership. An organization such as SACEM is for concert organizers, media ... that must make the reports and royalty payments. Your free-scores.com license speaks directly to the musicians. You authorize the USER through the Free-scores.com license to use your sheet music in a public setting, but this does not affect the organizers of your benefit to file and pay their fee management companies rights.

6.5. Payment of license fees
To offer licensing agreements on Free-scores.com, you are required to have a Paypal account. Payment will be immediately credited to your Paypal account after the purchase by the customer. You will be notified by email with each payment. You will receive instant payment for each purchase to your Paypal account. You will earn 70% of the amount deducted from commission fees of the transaction through PayPal. (fees are available on https://www.paypal.com/webapps/mpp/paypal-fees)

6.6. Commission Free-scores.com
We receive a commission (30%) of all fees collected on actual sales.

6.7. Taxes
It is your responsibility to pay taxes that may be due to your advantage, such as value added tax or income tax. This is also true for all the gifts you could receive.

6.8. Contact rights
Before or after a financial transaction between a customer and a member, the two parties have the opportunity to contact via Free-scores.com. Any subsequent financial transaction between two parties on the same work but in a different part of the public representation or educational use, should be acquitted of 10% of the transaction amount for Free-scores.com.

6.9. Copy fraud
If it is acceptable to use the public domain music through free distribution at the site, we do not allow the exploitation of the work in connection with the sale of license under our program if it is akin to the "copy fraud" (commercial exploitation of a public domain work). Your score, if it comes from a public domain work should be an arrangement that provides additional value that is not currently represented on our site as a version of a different main instrument (s), an adaptation to a specific level or arrangement in a style that is different from the original and more generally that is not a simple transcription of the original work or arrangement of any other commercial or free editor. If we determine that the arrangement does not provide enough unique value, so we will reject your title of publication and / or remove your site title (as part of a sale of license).

7. Governing Law and Jurisdiction
The rules of law applicable to content and data transmissions on and around the site are determined by the French law. In case of dispute, having been the subject of a settlement agreement, only the French courts in the jurisdiction of the Court of Appeal of Bordeaux or Paris are competent.



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