Terms of service.
The general terms of use of the Qobuz website and services are available at the following link:
https://www.qobuz.com/us-en/legal/mentions
User profile
Access to the Qobuz Club Services (hereinafter “the Services”) is reserved for Users:
who are at least 13 years old, who are over the minimum age required under the laws of their country of residence;
able to use the Services, in accordance with the laws in force in their country of residence;
who have never been temporarily or permanently suspended from the Services.
Creating an account
To use the Services, the User must have a Qobuz account (hereinafter “the Account”) and provide a username and password.
The User is solely responsible for the information associated with their Account and for everything that happens in connection with their Account. The User must therefore ensure the security of their Account and notify our moderators if they suspect or observe unauthorised access to their Account.
Use of Qobuz Club Services
The User undertakes to comply with all the rules set out in the Terms of Use, the Code of Conduct and the Privacy Policy when using the Services.
In particular, the User undertakes not to create, disseminate, transmit, communicate or store, by any means whatsoever and to whomsoever it may be addressed, any illegal content or defamatory, insulting, discriminatory or derogatory statements or statements that contravene public policy.
More generally, the User undertakes not to disrupt, divert, alter or overload the Services and not to act in any way that is not in accordance with the ordinary use of the Site.
The User undertakes not to upload, transmit or distribute on the Services any virus, malicious code or software that would undermine the security or integrity of the Site.
The User also undertakes to respect the privacy of all other Users and not to infringe the rights of third parties.
The User shall refrain from infringing in any way whatsoever all intellectual property rights relating to the Qobuz website (hereinafter “the Site”), as well as its content and Services. In particular, the User undertakes not to reproduce, copy, disseminate, distribute, communicate, transfer or represent the elements and content of the Site and Services on any other website or on any medium for commercial purposes.
The User shall refrain from distributing and/or canvassing for commercial purposes on the Site, and shall refrain from introducing content that may be prejudicial to other Users.
The User acknowledges the public nature of the discussion forums, which can be consulted by anyone, and therefore refrains from disseminating personal details or data.
Users are invited to report any illegal content.
Xandrie SA does not warrant the constant availability of the Site and Services. In the event of interruption to improve the Services, modify the Site or for any other reason, we will do our utmost to inform Users in advance.
Xandrie SA may not be held liable for any modification, suspension or interruption of the Services.
User Content
The User acknowledges and warrants that they have the necessary rights when submitting any information, text, link, photo, video, sound or any other content for publication on the Site. The User accepts sole responsibility for publishing or sharing content for which they have not obtained the necessary rights from the copyright holder. Xandrie SA cannot accept any responsibility for such publication or sharing. Xandrie SA cannot assess the truthfulness, accuracy or copyright compliance of the content published or shared by Users, but undertakes to filter content in accordance with the provisions of the Moderation Code.
When the User creates content on the Services, they grant Xandrie SA the right to use said content: A worldwide, free, 10 (ten) year, non-exclusive and transferable licence to use, copy, modify, adapt, make derivative works from, distribute, store, perform and display the content, in all media formats and media. This licence includes the right for Xandrie SA to make the content available for use, distribution and publication by other legal entities and individuals who are partners of Xandrie SA. Xandrie SA reserves the right to examine, filter, modify or monitor the User’s content. Xandrie SA reserves the right to remove or withdraw content at any time and for any reason, including in the event of a breach of these Terms.
The Services may contain links to third-party websites, products or services, which may be published by affiliated companies, partners of Xandrie SA or Users (hereinafter “Third-Party Content”). Xandrie SA cannot be held responsible for Third Party Content on the Site. Use of Third-Party Content by the User is at their own risk and is their sole responsibility. In the event of a request for the removal of Third Party Content from the Site, motivated by a violation of copyright or intellectual property rights, any User or third party may inform the moderators of Xandrie SA, or contact the Legal Department of Xandrie SA, at the following address:
45 rue Delizy, 93692 Pantin Cedex
France
legal@qobuz.com
Intellectual Property of Xandrie SA
The Qobuz Club website, its content and Services, its software, drawings, models, databases, trademarks and logos are subject to Intellectual Property law. These various elements are the property of Xandrie SA, which grants the User a non-exclusive, revocable, limited, non-transferable right, for non-commercial use, to access and use: (a) the Site and the Qobuz Club Services; and (b) a copy of the mobile application associated with the Services, on a mobile terminal owned by the User. Xandrie SA reserves all rights of use, sale, broadcasting, assignment, distribution and hosting, as well as all other rights over the elements that make up the Site and the Qobuz Club Services.
Other products, designs, models, databases, brands, logos and any other content subject to intellectual property rights presented on the Qobuz Club website belong to their respective owners. Except with the prior written consent of Xandrie SA, the User may not modify, disassemble, decompile or reverse engineer all or part of the Services or the Content.
Indemnification
Unless prohibited by law, the User agrees to defend, indemnify and hold harmless Xandrie SA, its subsidiaries and their directors, officers, employees and third-party service providers from and against any and all claims and demands from any third party, and from and against any and all sums in principal, interest and expenses (including costs and attorney’s fees, indemnity under Article 700 of the French Code of Civil Procedure) that may be awarded against Xandrie SA by any court of competent jurisdiction due to, or in connection with, its use of the Services, its violation of applicable laws and regulations or its Content published on the Site.
Limitation of liability of Xandrie SA and its subsidiaries
By using the Services, the User agrees that the liability of Xandrie SA and its subsidiaries is limited to the maximum extent permitted in the User’s country of residence. Liability will be limited to foreseeable damage resulting from a breach of material contractual obligations customary for this type of contract.
Xandrie SA is not liable for any damage resulting from a non-material breach of any other applicable duty of care. This limitation of liability will not apply to any legal liability which cannot be limited, to liability for death or personal injury caused by our negligence or wilful misconduct or to exclude our liability for anything we have specifically promised to you.
Changes to the General Terms and Conditions
Xandrie SA reserves the right to make any necessary changes or improvements to these Terms from time to time. The revised Conditions will become effective from the date of their publication. By continuing to access or use the Services after the date of publication, the User agrees to be bound by the revised Terms.