EDJING

TERMS AND CONDITIONS OF USE

Last updated: 03/12/2020

Terms and Conditions of Use

Welcome to edjing Mix, a service offered by MWM (« edjing Mix », « MWM », « we », « us » « our ») and our Terms and Conditions of Use. This affects your edjing Mix usage (« mobile application », « the App »).

These Conditions of Use and our Privacy Policy, constitute a legal agreement (the « Agreement ») between you and MWM, concerning your use of the App.

IF YOU DON’T AGREE WITH THESE TERMS, THEN PLEASE DON’T USE THE SERVICE

Definitions

App: the edjing Mix application, developed by MWM;

Catalogue: the page where you can browse all MWM Content made available to you;

MWM Content: the content owned by MWM that is made available to you through the Catalogue in the conditions set forth in these Terms of Use;

Premium Services: the paid services offered by MWM on the App, available on subscription;

Services: the services offered by MWM on the App, as further described in these Terms of Use;

Terms of Use: the present document called "Terms of Use for the edjing Mix Application";

User, You: any App user holding a User Account, or using the App without being registered;

User Account: your personal account on the App;

User Content: any content created, published, or shared on the App by a User, including but not limited to creations, User profile descriptions and pictures, captions etc.

Terms

Headquarters : the edjing Mix mobile application is a MWM product. MWM is an SAS with a capital of 2.098,79€, registered to the RCS of Nanterre under the number 513 627 299. The Headquarters is located in 54 Avenue du Général Leclerc, Boulogne Billancourt 92100 – France (Hereinafter referred to as « The Company »).

The Head of Publication is Jean-Baptiste Hironde.

The App is hosted on the Apple App Store, with servers geographically located in data centres in Europe (mostly in Belgium, United Kingdom and Germany), with registered offices at Apple Inc., One Apple Park Way, Cupertino, CA 95014, USA, and can be contacted through the following link: https://support.apple.com/contact.

edjing Mix mobile application is registered at the CNIL - Commission National de l’informatique et des Libertés – under the number 1407706.

In compliance with Section 12 of the law 78 – 17 of the 6th January 1978 related to computer software, files and freedom, you have the right to consult, modify, rectify, and delete all data you relayed to us. For that, you have to send us an email at contact@edjing.com.

Acceptance of the Conditions of Use

The purpose of the Terms of Use is to define the conditions under which you may use the App, and the Services provided by MWM. It is very important that you carefully read and understand these Terms of Use, because by registering on the App, and / or using its functionalities, you acknowledge that you are bound by these Terms of Use and agree to comply with them in their entirety. These Terms of Use prevail over any previous agreement, exchange or arrangement that may have been reached between you and MWM.

By reaching and using edjing Mix or by reaching to the content of the application, you declare and guarantee that you read and understood the Conditions of Use as well as the confidentiality policys, that you stand by it, that you are legally an adult or that you are  more than 13 years old if you reside outside of the European Union or 16 years old if you reside in the European Union and your parents or guardian gave you the right to use the edjing Mix mobile application.

IF YOU DON’T AGREE WITH THESE CONDITIONS, THEN PLEASE DON’T USE THE EDJING MOBILE APPLICATION.

You can consult these Terms of Use at any time under the heading “Terms of Use” on our website: http://edjing.com/public/files/tos/edjing.

Description of the edjing Mix service

The App is a djing and mixing tool, that enables you to mix tracks and sounds provided by yourself, or based on MWM Content or Third Party Content distributed through Third Party Platforms to whom the User may access if subscribed.

The App offers in particular the following functionalities:

If you subscribe to the Premium Services, the App will be free from any advertising, and you may have access to the following additional functionalities:

 PRICE OF THE SERVICES - PREMIUM SERVICES

The access to the App and to the Services are entirely free of charge, except for the Premium Services.

You may subscribe to the Premium Services directly on the App, through the App Store, or Google Play, or through our website via the secure system STRIPE: www.mwm-apps.com.

The subscriptions we offer are renewed tacitly monthly or yearly, depending on the subscription you have chosen. If you wish to cancel your subscription, you must do it through Apple, Google or on our website at least 24 hours before the next invoicing date (see in particular: https://support.apple.com/HT202039). If you cancel your subscription, you will still be able to use the Premium Services features until the expiry of your subscription. All fees paid in advance are acquired by MWM, and you will in no case be refunded pro-rata for the time left on your subscription.

You are informed that MWM reserves the right to change the subscription plans, or adjust their pricing, in any manner and at any time. Any price changes or changes to your subscription plan will take effect after a reasonable notice period.

Unless otherwise allowed through the Apple Store or Google Play, in accordance with article L121-21-8, 13° of the French Consumer Code, you are informed, that when subscribing to the Premium Services, you expressly accept that the performance of the contract begins at the time of your purchase, and waive your right of withdrawal.

The cost of connecting to the Internet, and other fees relating to telecommunications are entirely your own responsibility.

Registration / Connection

Access to the App / Downloading

To access the App, you must download it to your smartphone or tablet, via Apple or Google legal downloading platform (App Store, Google Play). The download is free.

Minimum age

To register on the App and / or use the Services:

If you are too young to accept the Terms of Use in your country of residence, a parent or legal guardian must approve your registration on the App and accept these Terms of Use on your behalf.

To purchase Premium Services, you must be at least 18 years old at the time of the purchase.

User Content

Intellectual Property - License of use to MWM

MWM doesn’t claim ownership of your User Content. Nevertheless, by using the App, you hereby grant to MWM a non-exclusive, non-transferable, royalty-free, non-sublicensable license to use and reproduce your User Content for the whole world, and for the duration of protection of your User Content by intellectual property rights, for the following purposes: (i) to share your User Content and make it available to other Users within the App, particularly in order for MWM and other Users to use, publish, adapt, modify and create derivative works based on your User Content; and (ii) to promote the App or more largely, the services offered by, and activities of MWM, by any means, and through any communication channel, known or unknown at this date, in particular any social media, internet website, intranet or extranet, mobile application, email communication, displays and posters, television advertisements, printed press etc. In this respect, MWM undertakes to make its best efforts to credit your User Account whenever it shares your User Content.

In case the User Content includes your picture, you grant to MWM, free of charge, the right to use your image for the promotion of the App or the Services, on the media as mentioned above, for the duration of your User Account, and for the whole world.

License of use granted to other Users

You acknowledge that by sharing your User Content and its sources, you authorize other Users to publish, adapt, modify, and create derivative works based on your User Content, or to download it and use it for their own private and non-commercial use. This license is granted for the whole world, and for the duration of protection of your User Content by intellectual property rights.

In this respect, no User may use your User Content, or any of their User Content which is based on your User Content, for any commercial use without your prior written consent.

In the same manner, you will be able to use other Users' User Content within the limits set forth herein.

Storage of your User Content

Some content you want to share via the platform, like your musical creations, are stocked on your request on your personal Facebook account or on other services but never on the edjing Mix platform. So you have to respect the Conditions of Use of Facebook and the other services available on the web.

edjing Mix doesn’t have to delete content on these websites, mainframes or other systems like Facebook, and doesn’t have to demand the deleting of your content in other services.

That’s why you understand that your musical creations, videos, texts, photos, pictures, graphics, commentaries and other content, data or information you download, stock, submit, share or give via the application (hereinafter “Your Content”) is solely owned and controlled by you, not by edjing Mix. edjing Mix doesn’t claim ownership of your content, you expressly acknowledge and agree that your content is at your own risk.

You can’t download, stock, distribute, send, submit, show, carry out, give or convey any content which you don’t have the rights.

In particular, all unauthorized use of protected content in your own content may violate the rights of third parties and is strictly prohibited. All of these offenses may result in termination of your access to the platform and may also result in civil or criminal proceedings by or on behalf of the copyright owner.

Warranties

You declare and guarantee to MWM that:

In this respect, you warrant MWM and other Users against any disturbances, claims, evictions, remedies or actions of any person on the grounds of the violation of their rights, and that you shall be responsible for all costs and damages that may result from such claims or actions.

Removal

MWM reserves the right to remove your User Content, suspend or terminate your access to the App and / or exercise all legal remedies if MWM believes that any of your User Content violates any of the statements or foregoing warranties, or otherwise violates the rights of another person or that violates any law, rule or regulation.

MWM Content

MWM owns all intellectual property rights relating to the MWM Content that is made available to you through the Catalogue.

MWM grants you, free of charge, and for the duration of your User Account, the personal and non-exclusive right to access and use, publish, adapt, modify and create derivative works based on the MWM Content, exclusively within the App or to download it and use it for your own private and non-commercial use.

Any commercial use of MWM Content, or of User Content based on MWM Content without the prior written consent of MWM is strictly prohibited.

Third-party Websites And Applications

The App can give you access to websites, databases, networks, servers, information, software, programs, systems, directories, applications, products or services, third party (hereinafter "external services", "third party services").

MWM has no control over external services, and is not, and can not be responsible for their content, operation or use. By pointing or otherwise providing access to external services, edjing Mix makes no warranty or does not expressly or implicitly endorse, in relation to the legality, the accuracy, the quality or the authenticity of the content, information or services provided by these external services.

External services may have their own terms of use and / or confidentiality policyYou are responsible for reviewing the Conditions of Use of these external services.

You are responsible for taking the precautions to protect yourself against fraud while you are using external services, and you have to protect your systems against viruses, worms, Trojan horses, and other harmful content or destructive and documents that can be included or may emanate from these external services.

MWM Mix disclaims any liability for any damages arising from your use of external services, and you irrevocably waive any claim against edjing Mix, regarding the content or functioning of all external services.

IMPORTANT:

Good Conduct / Prohibited Behaviour

By using the App, you formally undertake not to carry out via the Services any illegal and / or immoral acts contrary to public order, to comply with the laws and regulations in force, not to contravene public order, and not to jeopardise the normal course of the App and Services.

The App is an automatic data processing system. Any fraudulent access or remaining within such system is forbidden and sanctioned by law. In the same manner, any hindrance or alteration of the functioning of such system, or any introduction, deletion, or modification of the data contained in such system are forbidden. Therefore, you undertake not to disturb the functioning of this automatic data processing system, and in particular not to introduce any virus, nor to damage, illegally access, or modify, the data stored on the App.

You shall not extract and / or re-utilize parts of the content of the App without the prior written authorization of MWM. In particular, you shall not use any screen scraping, web scraping, or “crawling” robot, or any similar tool for the collection of data in order to extract or re-utilize a substantial part, or a non-substantial part but in a systematic or repeated way, or the elements contained on the App.

You undertake not to access, or attempt to access the App by any mean other than the interface of the App provided by MWM, nor to engage in any activity likely to hinder or disturb the functioning of the App.

Intellectual Property

MWM grants you, free of charge, the personal and non-exclusive right to access and use the App, exclusively for your own private and non-commercial use, in accordance with the conditions set out in these Terms of Use.

The architecture of the App, graphics, concepts, scenarios, names and trade names, trademarks, logos, slogans, domain names, databases, software, and all other components of the App, although this is not an exhaustive list (hereinafter the “Protected Elements”), are the exclusive property of MWM. As such, you are hereby informed that these Terms of Use do not entail any assignment of intellectual property rights attached to the App or to the Protected Elements in your favour.

Consequently, you shall refrain from any action that could damage, directly or indirectly, the intellectual property rights of MWM. As such, the use, reproduction, transmission, marketing or creation of derivative works based on the Protected Elements without the prior written agreement of MWM is strictly prohibited and punishable as copyright infringement.

Push Notifications

If you have approved them, you may receive push notifications via the App to inform you of events relating to your User Account, or to the Services when MWM wants to share news about the App, its features, or the Premium Services.

You can deactivate or configure push notifications at any time on the “Settings” page of your device

Exclusions From Guarantees

You hereby acknowledge that you use the App at your own risk. MWM cannot be held liable for the quality or comprehensiveness or availability of the Services offered by the App, the latter being offered “as is”. Furthermore, MWM reserves the right to amend or suspend its Services at its discretion, and to stop producing the App at any time, without incurring any liability as a result.

MWM shall do its best efforts to maintain the App available 7 days a week, and 24 hours a day. However, access to the App may be temporarily suspended, in case of planned or unplanned maintenance, migrations, updates, or constraints related to the functioning of the Internet.

It is recalled that the transmission of data over the internet only benefits from a limited reliability. The networks used to transmit such data may have different characteristics and capacities, and are likely to be saturated at certain times of the day, which may affect their delay of transmission and their availability.

Liability

The App is to be used for private purposes only.

 

MWM cannot be held liable for any indirect damage, resulting from your use of the App (and in particular but without limitation loss of data, loss of customers or business, loss of chance or opportunities, loss of reputation), or from your impossibility to access the App, your use of the elements contained on the App, from any default, bug or interruption of the App.

 

MWM will make its best efforts to secure your access to the App, but shall not ensure full security. MWM shall not be held liable in relation to any bug or damages relating to the use of the Internet network, such as service breakdowns, external intrusions, or in the presence of IT viruses, or security breaches that may cause damages to your IT equipment or data.

 

Also, MWM shall not be liable for the consequences resulting from your violation of the Terms of Use. Therefore, you undertake to indemnify MWM in case of action from a third party, or in case MWM is sanctioned due to your fault.

Deleting Your User Account

You may, at any time, decide to delete your User Account by contacting: support@account.mwm-apps.com. Your request will be processed within the best delays.

Deleting your User Account will entail the permanent deletion of your User Content and personal data, subject to MWM’s legal obligations.

MWM will still be able to use your User Content for the purpose of the license granted herebove, and other Users who have created their own User Content on the basis of your User Content will still be able to use such User Content within the conditions set forth hereabove.

If you wish to re-register on the App, you must provide all your information again.

Termination

If you fail to comply with these Terms of Use, MWM reserves the right to suspend your access to the App without notice by closing your User Account, temporarily or permanently, without prejudice to any compensation for damages that MWM is entitled to claim.

Final Provisions

MWM’s failure, at any time, to enforce any of the provisions of these Terms of Use and / or its tolerance of the non-fulfilment of any of the obligations set out in these Terms of Use cannot be interpreted as MWM waiving any subsequent enforcement of any of the aforementioned provisions.

If one or more of the provisions of these Terms of Use are deemed invalid or declared as such in application of a law or regulation, or following a final decision made by a competent court, the other provisions shall retain their full force and scope. MWM may, where applicable, replace the invalid provision(s) with a new provision.

The titles of the articles in these Terms of Use are for information purposes only and should not be considered as having any legal value.

Applicable Law - Disputes

These Terms of Use are governed by the laws of France.

In case a disagreement or a dispute arises, you may contact MWM directly in an attempt to resolve the dispute amicably.

If the dispute cannot be resolved amicably, you are informed that you can choose to use mediation free of charge.

You can also visit the European online Dispute resolution platform, available at: https://webgate.ec.europa.eu/odr/.

Any disagreement and / or difficulty with the interpretation or execution of these Terms of Use shall be referred to the competent courts.


PRIVACY POLICY

Last update:

Who Are We And What Is This Document?

The edjing Mix application (the "App") has been developed and is operated by MWM, which is located 54, Avenue du Général Leclerc, 92100, Boulogne Billancourt, France and can be contacted by email at: contact@edjing.com, (hereinafter "MWM").

 

MWM is very mindful of respecting your private life and the confidentiality of personal data relating to you (hereinafter “Personal Data”). This privacy policy is intended to inform you of how your Personal Data are collected, processed and stored by MWM and its processors when you use the App and related services.

 

MWM undertakes to process your Personal Data in accordance with the applicable laws and regulations, and in particular the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, or "GDPR", and Law No. 78-17 of 6 January 1978 on information technology, data files and liberties, in its current version (hereinafter the “Applicable Regulations”).

 

Please note that MWM can amend this privacy policy at any time, in full or in part. If the privacy policy is amended, you will be informed by a push notification and an email sent to you with a link toward the updated privacy policy.

 

What Personal Data Do We Collect And What For?

MWM processes your Personal Data for the purposes and on the legal bases set out below.

Personal Data collected when you register on the App

When you register on the App, you must provide a certain amount of information, particularly your username, email and password. You may also add a profile picture to your profile.

You can also decide to sign up with Apple, using your Apple ID, or with Facebook which will transmit to MWM the public information on your Facebook profile: name, surname, profile picture, and if you chose to share it or if authorized in your Facebook settings, your email address. Please note that if you chose to hide your email address, we won't have it, but we will nevertheless be able to communicate with you through Apple or Facebook.

MWM processes such Personal Data for the creation and management of your account and for providing the services offered via the App. This processing is necessary for entering into and executing a contract with you.

You are informed that MWM also uses your email address to send you service messages, and information relating to the App (e.g. contents created by the community, tutorials, new features etc.), and direct marketing emails or newsletters relating to other similar products or services offered by MWM, on the basis of its legitimate interests to communicate with you and inform you of new products or services.

You hereby acknowledge that some of your Personal Data (username and profile picture) will be visible to other users of the App when you post content.

Please note that you can also access the App as a "visitor", without registering. The above Personal Data will then not be collected. Please read our Terms of Use for more details on the visitor access and features:  http://edjing.com/public/files/tos/edjing.

Personal Data collected when you subscribe

You can also subscribe to the App or make in-app purchases.

In case of in-app purchases, your card details and invoice information (name, surname and postal address) are collected and processed by Google or Apple, depending on the app store of your device.

When you make a payment outside of the App, such as on our website www.mwm-apps.com, your invoicing data and credit card details are collected and processed on our behalf by Stripe. We only have access to the last four digits and to the expiry date of your credit card.

Such Personal Data will only be processed for the payment or subscription you ordered. This processing is necessary for entering into and executing a contract with you.

Data collected when you contact MWM the App

While you are using the App, you may contact MWM. MWM will process your personal data based on its legitimate interests to process and answer your questions and claims.

Anonymous usage data

MWM may collect usage data, in an anonymous manner, in order to better organize and manage the contents it presents on the App. This data is aggregated and can in no respect identify you.

Are Cookies Set On Your Device When You Use Our Website ?

 What is a cookie?

A cookie is a small text file sent to your browser by the website you visit or app you download, and stored on your device. Cookies allow the website or app to collect information about your visit, such as how you navigate through the website or your language preference, in order to improve your browsing experience and the content and functionality of the website or app.

You are informed that on our website, we only install cookies strictly necessary to manage your connection, allowing in particular to keep your session open.

 

You are informed that you cannot use the App without the cookie.

Personalized Advertising

The first time you connect on the App, a pop up will be displayed, informing you that if you give your consent, your advertising ID (IDFA) and other data, such as location data, and other demographic and interest data about you will be transmitted to MoPub, a division of Twitter, and all its data partners, for the purpose of providing you with a personalized advertising experience. You are free to refuse or agree to such processing.

For more information on the data processing activities performed by MoPub and its data partners as data controllers, please consult the following documentation:

You may withdraw your consent later by enabling the "Limit Ad Tracking" setting on iOS devices or "Opt-out of Ads personalisation" setting on Android devices.

With Whom Do We Share Your Personal Data?

Your Personal Data may be transmitted to MWM’s processors and service providers, and particularly its technical, hosting, payment or client support services providers such as:

 

MWM may also need to share your Personal Data with its external advisors (lawyers, accountants, etc.).

 

You are hereby informed that, while MWM does not actively transfer your Personal Data outside the European Union, some of its data processors may do so, particularly to the United States, under the Privacy Shield:

- Stripe: https://stripe.com/en-fr/privacy ;

- Zendesk: https://www.zendesk.com/company/customers-partners/privacy-policy/

How Long Do We Store Your Personal Data For?

MWM shall store your Personal Data for any length of time required for the use of your account, as such, your Personal Data will be permanently deleted when you delete your account.

Furthermore, if your account remains inactive for a period of 3 years after the final user action, MWM will send you an email to inform you of the deletion of your account.

You are hereby informed that MWM reserves the right to store your Personal Data in its temporary archives where strictly necessary to defend its rights in the event of a dispute, for the applicable limitation period.

Also, please note that considering its status of hosting service provider, MWM is subject to a legal obligation to retain some Personal Data relating to you for a duration of one year, on the basis of article 6.II of the Law 2004-575 of 21 June 2004 on confidence in the digital economy (LCEN).

How Can You Exercise Your Rights?

In accordance with the Applicable Regulations, you have the rights to access, rectify, and delete your Personal Data. Under the conditions of the Applicable Regulations, you also benefit from the rights to request the limitation of the processing, the portability of your Personal Data, and the right to object to processing for reasons pertaining to your personal situation when the processing is based on MWM’s legitimate interest. You can also communicate instructions about the fate of your Personal Data in the event of your death.

You can also, at any time, and without reason, object to the processing of your Personal Data for the purposes of direct marketing.

You can exercise these rights with MWM by sending your request accompanied by a copy of an identity document by email to the following email address: privacy@mwm-apps.com or by mail, writing to the following address: MWM, 54, Avenue du Général Leclerc, 92100, Boulogne Billancourt, France.

In any case, you may, at any time, submit a claim to the CNIL (French Data Protection Authority) (www.cnil.fr).