Terms and conditions
The Music Care website is a service providing unlimited Music Care sessions to help clients to better manage their health when dealing with conditions such as chronic and acute pain, anxiety, depression, sleep disorders, memory disorders etc. The service is operated by Music Care ("Company" or "Music Care") available on the Company's website www.music-care.com. Music Care is a French Company registered under number 505 386 425 before the Paris Trade and Companies Registry with a head office located 8 rue de la Vaquerie, 75011 Paris, France. You can contact the Company at the following email address: firstname.lastname@example.org. By using the Company's Website, (the "Website") you agree to be bound by these Terms and Conditions (this "Agreement"), whether or not you register as a member of Music Care ("Member"). If you wish to become a Member and make use of the Music Care service (the "Service"), please read this Agreement carefully. If you object to anything in this Agreement, do not use the Website or the Service. The Agreement is subject to modifications by Music Care at any time, effective upon posting on the Music Care Website, and your use of the Service after such posting will constitute acceptance by you of such changes.
1 - Acceptance of the Agreement
- a - Electronic Agreement
- This Agreement is an electronic contract that sets out the legally binding terms of your use of the Website and your membership in the Service. Music Care may modify this Agreement from time to time, such modifications to be effective upon posting by Music Care on the Website. This Agreement includes Music Care's Acceptable Use Policy for Content posted on the Website, Music Care's subscription policies and any notices regarding the Website. By accessing the Website or becoming a Member, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein.
- b - Electronic Form
- By accessing the Website or becoming a Member, you consent to have this Agreement provided to you in electronic form.
- c - Non-electronic Copy
- You have the right to receive this Agreement in non-electronic form. You may request a non-electronic copy of this Agreement either before or after you electronically sign the Agreement. To receive a non-electronic copy of this Agreement, please send an e-mail to
- d - Withdrawing Your Consent
- You have the right at any time to withdraw your consent to have this Agreement provided to you in electronic form.
- I - Effect
- Should you choose to withdraw your consent to have this Agreement provided to you in electronic form, we will discontinue your then-current username and password. This means that you will not have the right to use the Service unless, and until, we issue you a new username and password. We only will issue you a new username and password after we receive a signed copy of a non-electronic version of this Agreement, which we will send to you upon request.
- II - Notice
- To withdraw your consent and/or request a non-electronic copy of this Agreement, please send an email to email@example.com.
- III - Prospective Nature
- Your withdrawal of consent shall be effective within a reasonable time after we receive your withdrawal notice described above. Your withdrawal of consent will not affect the legal validity or enforceability of the Agreement provided to, and electronically signed by, you prior to the effective date of your withdrawal.
- e - Access and Retention
- In order to access and retain this electronic Agreement, you must have access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for your records.
2 - Eligibility.
By using the Website, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
3 - Registration Process
When you are registering on the Website, you will create your own account as a "Member" and provide your personal information. You will confirm your subscription to the Service by using the icon "I confirm my order" available on the Website. As a Member, you will have the ability to listen to unlimited Music Care sessions available within the Service during the time allowed by the chosen membership. By subscribing to the Service, you expressly agree to be bound by these Terms and Conditions. Any fraudulent use and order of the Service shall be considered by Music Care as null and void and of no effect.
4 - Term
This Agreement will remain in full force and effect on a monthly basis as from the subscription to the Service. The Agreement is automatically renewed by periods of one month. You may terminate your membership by contacting us at firstname.lastname@example.org. If you terminate your subscription, your subscription will remain active until the end of your then-current subscription period (that is, the subscription period through which you had paid prior to your termination). Music Care may terminate your membership and/or subscription by sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to Music Care. If Music Care terminates your membership in the Service because you have breached this Agreement, you will not be entitled to any refund of unused subscription fees. All decisions regarding the termination of accounts shall be made in the sole discretion of Music Care. Music Care is not required to provide you notice prior to terminating your membership and/or subscription. Music Care is not required, and may be prohibited, from disclosing a reason for the termination of your account. Even after your membership or subscription is terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
5 - Non-commercial use by Members
The Website is for the personal use of individual Members only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become Members and should not use the Service or the Website for any purpose. Use of the Website is under the permission of Music Care, which may be revoked at any time, for any reason, in Music Care's sole discretion.
6 - Account Security
You are responsible for maintaining the confidentiality of the username and password that you designate during the Registration Process, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify Music Care of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Music Care will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling your auto-sign in feature if you have linked your Microsoft .Net Passport or AOL ScreenName to your Music Care account.
7 - Content on Music Care
- a - Proprietary Rights
- Music Care owns and retains all proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of Music Care, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
- Reliance on Content, Advice, Etc. Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by Music Care, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Music Care does not :
- I - guarantee the accuracy, completeness, or usefulness of any information on the Service,
- II - or adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Website.
Under no circumstances will Music Care or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website or transmitted to or by any Members.
8 - Content posted by you on Music Care
- You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service, or transmit to other Members. You will not provide inaccurate, misleading or false information to the Company or to any other Member. If information provided to Music Care, or another Member, subsequently becomes inaccurate, misleading or false, you will promptly notify Music Care of such change.
- You understand and agree that Music Care may review and delete any content, messages, double-blind emails, photos or profiles (collectively, "Content"), in each case in whole or in part, that in the sole judgment of Music Care violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members.
- By posting Content to any public area of Music Care, you automatically grant, and you represent and warrant that you have the right to grant, to Music Care, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your Content by Music Care will not infringe or violate the rights of any third party.
- Your use of the Service, including but not limited to the Content you post on the Service, must be in accordance with any and all applicable laws and regulations.
- All information you include in your Member profile must be accurate, current and complete.
9 - Prohibited Activities
Music Care reserves the right to investigate and terminate your membership if you have misused the Service, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal.
10 - Subscriptions; Charges on Your Billing Account.
- a - General
- Music Care bills you through an online account (your "Billing Account") for use of the Service. You agree to pay Music Care all charges at the prices then in effect for any use of the Service by you using your Billing Account, and you authorize Music Care to charge your chosen payment provider (your "Payment Method") for the Service. You agree to make payment using that selected Payment Method.
- b - Payment Method
- The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method (the "Payment Method Provider"). If Music Care does not receive payment from your Payment Method Provider, you agree to pay all amounts due on your Billing Account upon demand.
11 - Modifications to Service
Music Care reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Music Care shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
12 - Blocking of IP Addresses
In order to protect the integrity of the Service, Music Care reserves the right at any time in its sole discretion to block Members from certain IP addresses from accessing the Website.
13 - Disclaimers
Music Care is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in the Service. Music Care is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. Music Care assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. Music Care is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will Music Care or any of its affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website or the Service, any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided "AS-IS" and Music Care expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Music Care cannot guarantee and does not promise any specific results from use of the Website and/or the Service. In addition to the preceding paragraph and other provisions of this Agreement, any advice that may be posted on the Website is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. Music Care makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Website. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
14 - Links
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Music Care has no control over such sites and resources, you acknowledge and agree that Music Care is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Music Care shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such Content, goods or services available on or through any such site or resource.
15 - Limitation on Liability
To the extent permitted by law, in no event will Music Care be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Web site or the Service, even if Music Care has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Music Care's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Music Care for the Service during the term of membership.
16 - U.S. Export Controls
Software from this Website (the "Software") is further subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported
- I - into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods
- II - to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders
By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list
17 - Jurisdictions and Choice of Law
If there is any dispute arising out of the Website and/or the Service, by using the Website, you expressly agree that any such dispute shall be governed by the laws of France, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the Courts of Paris for the resolution of any such dispute.
18 - Indemnity by You
You agree to indemnify and hold Music Care, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
19 - No Third Party Beneficiaries
You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.