QOBUZ DOWNLOADS – GENERAL CONDITIONS OF USE AND SALE

PREAMBLE


The QOBUZ website, the address of which is http://www.qobuz.com (hereinafter referred to as the "Site"), is published by the company XANDRIE SA, which has a share capital of EUR 6 676 548 its head office located at 45 rue Delizy – 93500 PANTIN, France, and is registered with the Register of Trade and Companies of Bobigny under number B 749 983 029.

The Site offers the adult, non-professional public a product consisting of payable permanent downloads of music recordings in the form of tracks or albums, and an advertisement-free unlimited music streaming service by paid subscription available in different levels of sound quality.

The Site offers visitors or Clients free access to broad range of editorial content (articles, dossiers, blogs, podcasts) regarding current music and the world of high-fidelity music.

These General Conditions of Use and Sale (GCUS) govern the online sale of downloads by the company XANDRIE SA (hereinafter referred to as the "download product").

In order to benefit from this service, all customers of the Site must have consulted and accepted in advance, without reservations or restriction, these General Conditions of Use and Sale.

XANDRIE SA reserves the right to modify, at any time and at its discretion, these General Conditions of Use and Sale.

For any information of a technical nature, the customer can refer to the "Help, FAQ" section available on the Site.

DEFINITIONS


Under these GCUS, the following definitions will apply:

"Qobuz Applications" must be understood as any software made available to the Customer by XANDRIE SA allowing access to the Service and needing to be installed on Listening Devices.

"Customer" must be understood as any person registered for the Service under the conditions stipulated in article 3 of these GCUS.

"Nominative Information" must be understood as any information relating to the Customer.

"Listening Device" must be understood as any electronic device that makes it possible to connect to the Internet through wired and/or wireless technology or through mobile radiotelephony networks from which the Service is available and on which a XANDRIE SA Application can be installed.

"Service" must be understood as any online and offline service that makes it possible to view, listen to and download the audio and video available on the Site or via the Qobuz Applications.

"Site" or "Website" must be understood as the interactive electronic service which is run by the company XANDRIE SA on the Internet and which can be accessed at the address http://www.qobuz.com.

"Streaming" must be understood as listening to or viewing digital files in real time, without the option to download them, under the conditions described below.

"Downloading" must be understood as the permanent transmission from the Site of a digital file containing the sound recording chosen by the Customer and its reproduction on the hard drive of the Customer's computer, under the conditions described below.

ARTICLE 1 – PURPOSE


The Site offers the Customer online audio/video services, the precise conditions of which are detailed in these GCUS.

Any trial offers of the download product that might be offered by XANDRIE SA to its Customers are also subject to the Customer's unreserved acceptance of these GCUS.

The "qobuz.com" service is reserved for private individuals who are adults or who are children and have parental consent, and it cannot be used for professional purposes. In this respect, these provisions are without prejudice to the legal provisions protecting the consumer, notably those stipulated in the French Consumer Code.

In the absence of evidence to the contrary, the data recorded by XANDRIE SA constitutes proof of all of the transactions made between XANDRIE SA and its Customers.

The history of transactions between XANDRIE SA and the Customer can be consulted at any time in the Customer's profile, which is available on the Site, in accordance with article 5 of these GCUS.

ARTICLE 2 – DESCRIPTION OF THE DOWNLOAD PRODUCT


XANDRIE SA offers the Customer a product consisting of the Downloading of music recordings (tracks or albums), which are available in various levels of audio quality, notably in True CD Quality and Hi-Res 24-Bit Quality.

This service is accessible 24 hours a day and 7 days a week.

However, due to the complexity of the Internet, unplanned service interruptions may occur (problems due to the Internet service provider, external maintenance, etc.) and XANDRIE SA cannot under any circumstances be held responsible for this. Nonetheless, XANDRIE SA promises, as far as possible, to inform its Customers of any foreseeable interruption to its services by displaying a message on its Site.

XANDRIE SA reserves the right to make any modification or improvement to its services that it considers necessary and useful, and cannot be held responsible for any damages of any kind that might result from this.

In addition, XANDRIE SA reserves the right, without advance notice or compensation, to permanently stop a service or all of the services offered on the Site, and cannot be held liable for any damages of any kind that might result from this, with the exception of deliveries of defective files.

ARTICLE 3 – CONDITIONS OF ACCESS TO THE DOWNLOAD PRODUCT


To be able to benefit from the Services, the Customer must create an account. To do this, the Customer simply clicks on the "My Account" button, which is available on the Site's home page. The Customer then follows the instructions given by the Site.

The Customer is asked to choose an ID (login name) and password. This information is strictly confidential, and the Customer is asked to exercise the greatest caution in keeping them. The Customer remains solely responsible for the consequences of the use of his/her account, until it is deactivated.

Any account created is personal, named and unique. The Customer can only create one account for him/herself at a time, and all of the information attached to the account (downloads, etc.) will be deleted irrevocably and permanently upon closure of the account.

In order to fulfil the legal obligations relating to billing, the Customer will be asked for several pieces of personal information (title, surname, first name, email address, post code, etc.).

The Customer promises to provide accurate and sincere information, and to inform XANDRIE SA of any change in this respect. If it transpires that the Customer has provided inaccurate information with fraudulent intent, XANDRIE SA reserves the right to permanently close his/her account and to bring civil or criminal proceedings against him/her as appropriate.

Once the Customer has provided the required information, the Customer ticks a checkbox stating "I confirm that I have taken notice of and accepted the General Conditions of Use and Sale of the qobuz.com site". After confirming this field, the Customer is deemed to have read and accepted these GCUS and may therefore be held responsible for any non-fulfilment of the various obligations resulting from them.

ARTICLE 4 – CONDITIONS OF USE OF THE DOWNLOAD PRODUCT


In accordance with article 16 of these GCUS, all of the files offered via the Service are protected by authors' rights.

They can therefore only be used strictly in a private and free capacity, with complete respect for the conditions defined by XANDRIE SA;

In this respect, in accordance with article 12 of the GCUS and with the legislation in force, the Customer is strictly forbidden from trying to bypass, remove or impair the technical measures implemented to protect works or any device with an equivalent objective.

The playing, transfer and burning of downloaded music files is free and unlimited, subject to strictly private use.

For more information about how to use downloads, the Customer shall refer to the "Help, FAQ" section.

ARTICLE 5 – ORDERING


The history of transactions between the Service and the Customer can be consulted at any time on the Site in the section "My Account", download history.

We recommend that you consult your account regularly and contact the Customer Service department if you have any questions or in the event of a problem.

Your order forms and invoices are archived on a reliable, durable medium and can be produced for the purpose of proof.

ARTICLE 6 - TERRITORY


Music files bought on the Site are reserved for Customers residing in the following territories: France, Switzerland, Belgium, Luxembourg, Germany, United Kingdom, Netherlands, Austria and Ireland (hereinafter referred to as the "Territory"), who have a bank card issued by a banking institution established in the Territory.

ARTICLE 7 – PRICES

The price of downloads of music recordings is indicated on the Site the local currency of the Customer.

The price of downloads of music recordings will include the price of the product plus any applicable VAT (in force on the date of purchasing the download).

Our prices do not include charges for connection and communication relating to the use of an online sales service, these being payable exclusively by the Internet user.

XANDRIE SA reserves the right to modify the prices or these General Conditions of Use and Sale at any time; the products and services will be billed in accordance with the tariffs in force at the time the Customer's order is recorded.

The conditions of use (downloading, number of copies authorised to be burnt, number of transfers possible, etc.) are governed contractually between XANDRIE SA and the rights holders. They are imperative and are specified to the Customer at the time of use. They can be modified by contract and apply immediately after being signed.

ARTICLE 8 – PAYMENT METHODS


Payment is made by bank card or any other method accepted by the payment service providers.

The Customer pays for his/her orders by communicating his/her bank details to XANDRIE SA via its certified partners, it being understood that the transaction is secure thanks to the service providers' secure online payment systems, which ensure that the transaction is made in accordance with banking security standards.

The amount will be debited at the time the order is made or up to 24 hours afterwards.

With regard to the download product, the Customer's bank details (card number, account reference) are not kept by XANDRIE SA.

The bank details used by the Customer to access the download product (card number, account reference) are not kept by XANDRIE SA.

XANDRIE SA reserves the right to cancel or refuse any order from a Customer with whom there is a dispute (unpaid bill, etc.).

ARTICLE 9 - ABSENCE OF RIGHT OF WITHDRAWAL

 

 

As per the stipulations of Articles L121-21-8 13°  of the French Consumer Code, the Client acknowledges and expressly accepts, through accepting the present GCUS at the time of purchase (i) the provision of the Download starts immediately after the confirmation of the sale and (ii) acknowledges and accepts therefore that they shall not be able to use the right of withdrawal and the delay of fourteen full days associated with online or remote sales which the Consumer Code stipulates.

 

Therefore, no request for withdrawal, cancellation or refund will be acceptable after each Download.

ARTICLE 10 – CUSTOMER'S OBLIGATIONS


The Customer declares on his/her honour that he/she is of legal adult age and has full legal capacity to place an order on the Site.

The Customer declares that he/she accepts these GCUS.

In accordance with article 4 of these GCUS, the Customer expressly promises to respect the conditions of use of downloading, not to violate or try to violate the file protection measures and to respect the legislation in force relating to intellectual property rights.

The Customer expressly promises not to use the Site or its Services for illegal purposes.

The Customer expressly promises not to make commercial or illegal use of the information, services and content provided on the Site, under penalty of being held criminally or civilly responsible.

The Customer declares that he/she is solely responsible for the use he/she makes of the Service. XANDRIE SA may not under any circumstances be held responsible in the context of proceedings opened against one of its Customers who has engaged in incorrect use of its Service.

Each Customer who has bought music recordings via XANDRIE SA's permanent download product is deemed to have downloaded and saved the said recordings onto his/her personal computer. XANDRIE SA may not under any circumstances be held responsible for any loss of any file downloaded via its Site.

The Customer promises to take personal responsibility in the event of any claim or proceedings launched against XANDRIE SA connected with incorrect use of the Service.

In any event, XANDRIE SA will only be held responsible to the extent of its obligation to provide a compliant service. In this respect, this responsibility will be limited to the price of the order made by the Customer.

XANDRIE SA draws the Customer's attention to comments that it might publish on the Site.

The Site has interactive features that enable you notably to publish comments and to make some of your information accessible to the public, on the Internet or on social networks. XANDRIE SA cannot under any circumstances be held responsible for the Customer's decisions to make some of his/her information publicly accessible.

The Customer is also informed that the spaces reserved for comments on the Site are moderated and that remarks prohibited by law and/or by these GCUS, as well as any that violate third-party rights, may be deleted permanently, without advance notice or compensation of any kind. To this effect, it is prohibited to publish, notably but not exhaustively, comments likely to:

a) constitute a violation of third-party intellectual property rights; in this respect, the member promises not to reproduce or communicate to the public on the Site any information which is protected under authors' rights, subject to a trademark or more generally protected by any other intellectual property right held by third parties without the prior consent of the holder(s) of such property rights;

b) contain computer viruses that interrupt, destroy or distort any of the Site's functionalities;

c) advocate crimes or contain messages which are illegal, threatening, or which by nature are paedophilic, pornographic, defamatory, obscene, hateful, racist, xenophobic, revisionist or which are contrary to public order or the accepted principles of morality;

d) infringe the private life or the respect for dignity of third parties;

e) incite violence, fanaticism, crime, suicide, or hatred on the basis of religion, race, gender, sexual orientation, ethnicity or disability;

f) harass other members;

g) promote or encourage any criminal activity or enterprise;

h) request and/or communicate passwords and/or personal information for commercial or illegal purposes;

i) send advertising messages or undesired correspondence;

j) include advertisements and/or requests in order to offer products and/or services for commercialisation by means of the Site;

k) include addresses or hypertext links leading to external sites, the content of which conflicts with laws and regulations in force, violates third-party rights or conflicts with these conditions.

ARTICLE 11 – CUSTOMER'S OBLIGATIONS SPECIFIC TO THE Qobuz Applications


The Qobuz Applications and any copies thereof remain the exclusive property of XANDRIE SA, which grants the Customer a limited, non-exclusive and revocable licence for personal and non-commercial use. XANDRIE SA retains ownership of all copies of the Qobuz Applications, even once installed on your Listening Devices.

The Qobuz Applications are protected by the French laws relating to the French Intellectual Property Code.

As such, any impairment, representation, reproduction, modification, deletion, commercial use, whether total or partial, of the various elements of the Qobuz Applications is prohibited and leaves its author(s) open to proceedings.

These GCUS do not under any circumstances grant authorisation to represent, reproduce, modify or use commercially the various elements of the Qobuz Applications. Any total or partial reproduction of the Qobuz Applications and/or elements thereof for any purposes other than their use in accordance with their intended purpose is strictly prohibited; any resale, exchange or renting of files or their transfer to third parties is strictly prohibited.

The Customer benefits from the right to personal and non-commercial use of the Qobuz Applications.

Any use of the Qobuz Applications by the Customer that falls outside the framework of these conditions is prohibited and exposes the Customer to civil and criminal prosecution.

Notably, the Customer must not:

(a) modify or create works derived from the Qobuz Applications or their documentation, including translation or localisation;

(b) copy the Qobuz Applications except under the terms of these GCUS;

(c) separate the components of the Qobuz Applications that are licensed as indivisible products;

(d) grant sublicences or permit the simultaneous use of the Qobuz Applications by more than one user;

(e) carry out reverse engineering, decompilation or disassembly, or try in any other way to extract the source code of the Qobuz Applications for any product (except to the extent that the legislation in force prohibits such a restriction);

(f) redistribute, sell, rent, grant sublicences for or use the Qobuz Applications in the framework of a time-sharing solution or virtual office, or in any other way transfer the rights to any software.

ARTICLE 12 – DELETION AND DEACTIVATION OF THE XANDRIE SA ACCOUNT


In the event of clear violation of the GCUS by the Customer, XANDRIE SA reserves the right to delete and/or temporarily deactivate the Customer's account, without advance warning or compensation, notably in the event of:

· infringement of XANDRIE SA's interests and/or intellectual property rights;

· provision of incorrect information when registering with the Site;

· bypassing or attempting to bypass the technical protection measures implemented on the Site;

· total or partial non-payment of bills sent to the Customer.

The Customer is also permitted to request the deletion of his/her account. To do so, the Customer must send a request using the online contact form and XANDRIE SA will then delete the Customer's account within a maximum of 48 hours after receipt of the aforementioned message.

The Customer's attention is drawn to the fact that deletion of the account will prevent him/her permanently and irrevocably from retrieving on the Site the digital files that he/she downloaded and from being able to download them again.

ARTICLE 13 – SITE'S RESPONSIBILITY


In accordance with article 2, XANDRIE SA cannot under any circumstances be held responsible for any technical problems inherent in the functioning of the Internet network. A non-exhaustive list of such problems includes problems relating to speed when accessing the Site, download speeds, suspension or inaccessibility of the Services, or fraudulent use by third parties of any information contained on the Site.

These GCUS clearly explain the procedures for technical use of files offered for download on XANDRIE SA.

The Customer is hereby informed that due to the variety of hardware standards and file encodings, not all audio-playing hardware will support all of the formats and levels of sound quality available for download. Detailed information about the required hardware configuration is available at the following address .

In the event of technical incompatibility of the said files with the Customer's hardware, XANDRIE SA cannot under any circumstances be held responsible, and no reimbursement can be made. Furthermore, the protection of the Customer's computer hardware, notably against viruses, cannot under any circumstances be deemed the responsibility of XANDRIE SA.

The Site may contain hypertext links leading to third-party websites. XANDRIE SA cannot under any circumstances be held responsible in the event that the said third-party sites include any unlawful elements.

Finally, XANDRIE SA cannot be held responsible in the event of non-respect of the legislation of a foreign country in which the downloading is performed.

ARTICLE 14 – PERSONAL DATA


The protection of personal data is important to XANDRIE SA: all information and data concerning the Customer, which is necessary for the management of his/her orders and commercial relationship with XANDRIE SA, collected during the creation of the account, is intended for the sole use of XANDRIE SA.

Depending on the choices that he/she makes when creating the account, the Customer may receive offers from XANDRIE SA by email or post. However, the Customer has the option, if he/she wishes, not to receive offers by email, by making a request to this effect to the Customer Service department.

XANDRIE SA promises to respect the legislation of the territories listed in article 6 in relation to personal data, and, if applicable, to make any necessary statement to the local protection bodies.

In accordance with the French Law on Information Technology and Freedom no. 78-17 of 6 January 1978, this website has been declared to the CNIL (French Data Protection Authority) under number 1263952.

As such, the Customer has a right of access, information, modification and removal in relation to personal data concerning him/her, which can be exercised by sending a simple letter by email or post to XANDRIE SA. Any request must include the Customer's surname, first name and address, and must be addressed to XANDRIE SA@qobuz.com or XANDRIE SA Service juridique, , 45 rue de Delizy, 93692 Pantin CEDEX, France.

The Customer also notes that XANDRIE SA, in the interests of supporting the commercial relationship with the Customer, may choose to use "cookies" in accordance with article 15 of these GCUS. However, the Customer always has the option to deactivate the "cookies" through the options in his/her Internet browser. To do so, he/she simply needs to consult the help section of the browser concerned.

ARTICLE 15 – COOKIES


XANDRIE SA automatically collects information relating to its Customers via cookies that allow it to track their browsing through the Site.

The cookie files stored by the Customer's browser on his/her hard drive serve the purpose (among others) of recording information about the Customer or about his/her movement within the Site. In this way, the Site can recognise a visitor's habits and customise the presentation of the Site for each visitor; the "cookies" then make it possible to memorise how many articles to display on the home page or to retain a user's login details – when the visitor returns to the site, they no longer have to type in their name and password to be recognised, as these are automatically sent by the "cookie".

The "LEGAL INFORMATION" section on the Site indicates how to stop the saving of cookies.

ARTICLE 16 – INTELLECTUAL PROPERTY


The Site and all of its editorial, graphic, photographic, audio and video content are protected under the provisions of the French Intellectual Property Code. The Site and its associated databases have also been registered with the French Agency for the Protection of Programs (APP).

More generally, authors' rights and related rights are reserved and XANDRIE SA is the exclusive holder or concessionaire of all of the elements of intellectual property that make up the Site, such as logos, brands, pictures and templates, audio and video files, text, images, technologies and know-how.

As such, any impairment, or, in the absence of authorisation, any representation, reproduction, modification or commercial use, whether total or partial, of the various elements of the Site is prohibited and leaves its author(s) open to proceedings. These GCUS do not under any circumstances grant authorisation to represent, reproduce, modify or use commercially the various elements of the Site. Thus, any total or partial reproduction of the Site and/or elements thereof for any purposes other than its/their use in accordance with its/their intended purpose is strictly prohibited; any resale, exchange or renting of files or their transfer to third parties is strictly prohibited.

Similarly, the various possibilities offered to the Customer for burning or transferring as part of the products are not under any circumstances accompanied by relinquishment by the rights holders of their rights to their files which have been included in XANDRIE SA's services. Furthermore, XANDRIE SA remains the sole holder of the right to broadcast the said files, which are protected by authors' rights throughout the world.

Through these conditions, the Customer promises not to violate (modify, remove, etc.) any of the technical measures for the protection of rights, not to block, modify or remove any information relating to the system of rights on the products and not to encourage or help third parties to perform such acts. Similarly, he/she promises not to try to bypass or modify the software necessary for the use of the services.

The Customer benefits from a right to make personal use of the files, limited by the conditions described in article 4, in a strictly private capacity. Any use of the files by the Customer that falls outside the framework of these GCUS is prohibited and exposes the Customer to civil and criminal prosecution.

ARTICLE 17 – CUSTOMER SERVICE


Our Customer Service department is available to you for any information:

· With the online contact form  

· By post: XANDRIE SA, , 45 rue de Delizy, 93692 Pantin CEDEX, France

ARTICLE 18 – APPLICABLE LAW


Unless otherwise specified by the legislation of one of the territories listed in article 6 of these conditions, these GCUS will be subject to French law.

In the event of a dispute, the parties agree to seek arbitration before engaging in any court action.

If no amicable agreement can be reached between XANDRIE SA and the Customer, the French courts will be the solely competent authorities unless otherwise specified in the legislation of the Customer's country of residence.

 


 

QOBUZ HI-FI SUBLIME SUBSCRIPTION – GENERAL CONDITIONS OF USE AND SALE

PREAMBLE


The QOBUZ website, the address of which is http://www.qobuz.com (hereinafter referred to as the "Site"), is published by the company XANDRIE SA, which has a share capital of EUR 6 676 548 its head office located at 45 rue Delizy – 93500 PANTIN, France, and is registered with the Register of Trade and Companies of Bobigny under number B 749 983 029.

The Site offers the adult, non-professional public a product consisting of payable permanent downloads of music recordings in the form of tracks or albums (hereafter "the XANDRIE SA download service").

The Site also offers an unlimited listening service for streaming music without advertisements, proposed and operated by XANDRIE SA, permitting the Customer, by means of a paying subscription, to listen to all the titles in the Site's musical catalogue (hereafter "the Qobuz streaming service").

 

The Site offers visitors or Customers free access to broad range of editorial content (articles, dossiers, blogs, podcasts) regarding current music and the world of high-fidelity music.

 

The present General Conditions of Use and Sale (GCUS) cover the paying subscription HI-FI SUBLIME offer (hereafter referred to as "the QOBUZ HI-FI SUBLIME offer").

In order to benefit from the XANDRIE SA streaming subscription products, all customers of the Site must have consulted and accepted in advance, without reservations or restriction, these General Conditions of Use and Sale.

XANDRIE SA reserves the right to modify, at any time and at its discretion, these General Conditions of Use and Sale.

For any information of a technical nature, the customer can refer to the "Help, FAQ" section available on the Site.

DEFINITIONS


Under these GCUS, the following definitions will apply:

"Hi-Res 24-bit albums" refers to all Hi-Res 24-bit quality albums which are available for download.

"Qobuz Applications" must be understood as any software made available to the Customer by XANDRIE SA allowing access to the Service and needing to be installed on Listening Devices.

"Customer" must be understood as any person registered for the Service under the conditions stipulated in article 3 of these GCUS.

"Import" must be understood as the temporary and encrypted transmission and storage, via an Internet network, of tracks, playlists or albums which have been selected by the Customer beforehand, onto any Listening Device, through the use of the Qobuz Applications.

"Nominative Information" must be understood as any information relating to the Customer.

"Offline Mode" must be understood as functionality that makes it possible to listen in MP3 quality or in True CD Quality without an active Internet connection to tracks, playlists and albums which have been downloaded by the Customer beforehand via the Import feature on any Listening Device through the use of the Qobuz Applications.

"Mobile Listening Device" must be understood as any electronic device that makes it possible to connect to the Internet through wired and/or wireless technology or through mobile radiotelephony networks from which the Service is available and on which a XANDRIE SA Application can be installed or an application within which the Service is available.

"Non-mobile Listening Device" must be understood as any electronic device that makes it possible to connect to the Internet through wired and/or wireless technology from which the Service is available via the Site, via the XANDRIE SA Player or via the XANDRIE SA Desktop application.

"Service" must be understood as any online or offline service that makes it possible to view or listen to the audio and video available on the Site or via the Qobuz Applications.

"Site" or "Website" must be understood as the interactive electronic service which is run by the company XANDRIE SA on the Internet and which can be accessed at the address http://www.qobuz.com .

"Streaming" must be understood as listening to or viewing digital files in real time, without the option to download them, under the conditions described below.

"Downloading" must be understood as the permanent transmission from the Site of a digital file containing the sound recording chosen by the Customer and its reproduction on the hard drive of the Customer's computer, under the conditions described below.

ARTICLE 1 – PURPOSE


The Site offers the Customer online audio/video services, the precise conditions of which are detailed in these GCUS.

The "qobuz.com" service is reserved for private individuals who are adults or who are children and have parental consent, and it cannot be used for professional purposes. In this respect, these provisions are without prejudice to the legal provisions protecting the consumer, notably those stipulated in the French Consumer Code.

In the absence of evidence to the contrary, the data recorded by XANDRIE SA constitutes proof of all of the transactions made between XANDRIE SA and its Customers.

The history of transactions between XANDRIE SA and the Customer can be consulted at any time in the Customer's profile, which is available on the Site.

ARTICLE 2 – DESCRIPTION OF THE QOBUZ HI-FI SUBLIME OFFER

The QOBUZ HI-FI SUBLIME offer is a paying subscription offer:

 

-          the Qobuz streaming service without advertising which allows the Customer to listen to all tracks in the musical catalogue on the Site in real CD quality on three specific Non-mobile or Mobile Listening Devices (personal computer, tablets, smartphones, connected audio devices);

 

-          to Hi-Res 24-bit albums via download for a preferential fee as per the conditions foreseen in the XANDRIE SA Downloads General Conditions of Use and Sales available here:  http://www.qobuz.com/gb-en/legal/terms#telechargement  

The XANDRIE SA service also offers the Customer the possibility to access digital files on any Listening Device in Offline Mode via the Import feature. This access is available to Customers who have subscribed to the QOBUZ HI-FI SUBLIME offer.

The Offline Mode enables the Customer to listen to tracks, playlists or albums which have been downloaded by the Customer beforehand via the Import feature on any Listening Device through the use of the Qobuz Applications.

To do this, the Customer must import the tracks, albums and playlists concerned beforehand onto the desired devices and select Offline Mode.

It will then be possible to listen to the imported music without an active Internet connection, and this will remain the case throughout the subscription.

It will then be possible to listen to the imported music without an active Internet connection for a period of 30 days. After these 30 days, it will be necessary to log in to the service again in order to reactivate the right to listen to the imported music in Offline Mode.

The Import of music does not allow the imported music to be transferred or burnt onto any media of any kind.

Upon expiry of the subscription period (month or year), the Streaming and Import of music files (tracks, albums, playlists) and the Offline Mode will no longer be authorised to the Customer.

The XANDRIE SA streaming and download services are accessible 24 hours a day and 7 days a week.

However, due to the complexity of the Internet, unplanned service interruptions may occur (problems due to the Internet service provider, external maintenance, etc.) and XANDRIE SA cannot under any circumstances be held responsible for this. Nonetheless, XANDRIE SA promises, as far as possible, to inform its Customers of any foreseeable interruption to its services by displaying a message on its Site.

XANDRIE SA reserves the right to make any modification or improvement to its services that it considers necessary and useful, and cannot be held responsible for any damages of any kind that might result from this.

In addition, XANDRIE SA reserves the right, without advance notice or compensation, to permanently stop a service or all of the services offered on the Site, and cannot be held liable for any damages of any kind that might result from this.

ARTICLE 3 – CONDITIONS OF ACCESS TO QOBUZ HI-FI SUBLIME OFFER


To be able to benefit from the XANDRIE SA streaming subscription products, the Customer must create an account. To do this, the Customer simply clicks on the "My Account" button, which is available on the Site's home page. The Customer then follows the instructions given by the Site.

Among other things, the Customer is asked to choose an ID (login name) and password. This information is strictly confidential, and the Customer is asked to exercise the greatest caution in keeping them. The Customer remains solely responsible for the consequences of the use of his/her account, until it is deactivated.

Any account created is personal and named and unique. The Customer can only create a single account.

In order to fulfil the legal obligations relating to billing, the Customer will be asked for several pieces of personal information (title, surname, first name, email address, post code, etc.). The Customer promises to provide accurate and sincere information, and to inform XANDRIE SA of any change in this respect. If it transpires that the Customer has provided inaccurate information with fraudulent intent, XANDRIE SA reserves the right to permanently close his/her account and to bring civil or criminal proceedings against him/her as appropriate.

Once the Customer has provided the required information, the Customer ticks a checkbox stating "I confirm that I have taken notice of and accepted the General Conditions of Use and Sale of the qobuz.com site". After confirming this field, the Customer is deemed to have read and accepted these GCUS and may therefore be held responsible for any non-fulfilment of the various obligations resulting from them.

ARTICLE 4 – CONDITIONS OF USE OF THE QOBUZ HI-FI SUBLIME OFFER 


The XANDRIE SA music streaming service will be accessible by the Customer on his/her personal computer (PC or Mac) via the Site, the XANDRIE SA Player or the XANDRIE SA Desktop application.

Streaming and Import on Mobile Listening Devices requires the prior download and installation of the XANDRIE SA mobile applications on these devices (list of available mobile applications can be found here: http://www.qobuz.com/gb-en/applications). 

Use of the unlimited streaming service requires a broadband Internet connection and possibly a wireless connection (WiFi and mobile radiotelephony networks) for Mobile Listening Devices.

The charges for connection and communication relating to the use of an online sales service are not paid by XANDRIE SA, in accordance with article 10 of these GCUS.

The QOBUZ HI-FI SUBLIME offer allows access to XANDRIE SA streaming service on three specific listening devices (personal computer, tablets, smartphones, and connected audio devices).

Access to the Qobuz streaming service is strictly personal, and it and cannot be used on several Listening Devices at the same time.

In accordance with article 18 of these GCUS, all of the files offered via the Service are protected by authors' rights.

They can therefore only be used strictly in a private and free capacity, with complete respect for the conditions defined by XANDRIE SA;

In this respect, in accordance with article 12 of these GCUS and with the legislation in force, the Customer is strictly forbidden from trying to bypass, remove or impair the technical measures implemented to protect works or any device with an equivalent objective.

XANDRIE SA grants subscribers to its streaming service a limited, non-exclusive and revocable licence authorising them to listen in real time, without authorisation to download, in their country of residence, the multimedia content available on XANDRIE SA via the XANDRIE SA streaming products. This use must be in a personal and non-commercial context. Subscribers are not authorised to sell or sublicense their rights at the end of their subscription.

The tracks and albums making up the Site's music catalogue that are available to XANDRIE SA streaming subscribers for listening are subject to contracts between XANDRIE SA and the rights holders and are therefore are liable to change.

As such, XANDRIE SA cannot under any circumstances guarantee the presence of a track or album by any artists or performers in the catalogue that it offers to its Customers and cannot under any circumstances be held responsible for any deletion of tracks, albums or the catalogue of any artist or performer on its Site.

For more information about how to use the Qobuz streaming service, the Customer shall refer to the "Help, FAQ" section.

ARTICLE 5 – ABSENCE OF RIGHT OF WITHDRAWAL

 

 

As per the stipulations of Articles L121-21-8 13° of the French Consumer Code, the Customer acknowledges and expressly accepts, through accepting the present GCUS at the time of registration (i) the provision of the Service starts immediately after the confirmation of his registration to the QOBUZ HI-FI SUBLIME offer and (ii) acknowledges and accepts therefore that they shall not be able to use the right of withdrawal and the delay of fourteen full days associated with online or remote sales which the Consumer Code stipulates.

 

Therefore, no request for withdrawal, cancellation or refund will be acceptable for the subscribed period.

ARTICLE 6 – DURATION


The QOBUZ HI-FI SUBLIME subscription offer is offered by XANDRIE SA for a one-year period.

XANDRIE SA reserves the right to offer, for variable periods, trial offers for its streaming subscription services, excepting for those subscribers who have already subscribed for a one-year period to one of the subscriber offers available on the Site.

ARTICLE 7 – RENEWAL


The subscription to the QOBUZ HI-FI SUBLIME offer will be automatically renewed at the end of every subscription period, unless the Customer terminates the service as per article 8 of the present GCUS. 

The method of payment used at the time of the initial subscription will then be used again, unless the Customer has modified it beforehand in the "My Account" section.

ARTICLE 8 – CANCELLATION


The subscriber may discontinue his/her subscription to the QOBUZ HI-FI SUBLIME offer that he/she subscribed to by going to the "My Account" section.

Receipt and acceptance of the cancellation will be confirmed to the Customer by email, but will only take effect at the end of the current subscription period, subject to the notification having been sent at least 48 hours before the end of this period.

If the cancellation period is not respected, the subscription will be automatically renewed.

In the case of annual subscriptions, XANDRIE SA promises to inform the Customer, no earlier than three months and no later than one month before the product's renewal date, if it may not be able to renew the XANDRIE SA streaming subscription that the Customer initially subscribed to.

Unless the account is permanently closed, any subscription will remain valid for the whole duration of the paid-for or offered offer (monthly or annually), even in the case of unsubscription by the Customer before the end of this period.

ARTICLE 9 – TERRITORY


Access to XANDRIE SA streaming subscription products is reserved for Customers residing in the following territories: France, Switzerland, Belgium, Luxembourg, Germany, United Kingdom, Netherlands, Austria and Ireland (hereinafter referred to as the "Territory"), who have a bank card issued by a banking institution established in the Territory.

ARTICLE 10 – PRICES


The price of XANDRIE SA streaming subscription products is indicated on the Site in the local currency of the Customer.

The price includes the price of subscription plus any applicable VAT (in force on the date of subscription).

Our prices do not include charges for connection and communication relating to the use of an online sales service, these being payable exclusively by the Internet user.

XANDRIE SA reserves the right to modify the prices or these General Conditions of Use and Sale at any time, the products and services being billed in accordance with the tariffs in force at the time the Customer's order is recorded.

XANDRIE SA reserves the right to offer time-limited trial offers of its music streaming service free of charge to any user of the Service and to subscribers to the Service, with the exception of its subscribers who have subscribed for a duration of one year to one of its streaming subscription products offered on the Site.

XANDRIE SA reserves the right to offer trial offers of its music streaming service for variable durations.

ARTICLE 11 – CUSTOMER'S OBLIGATIONS SPECIFIC TO THE Qobuz Applications


The Qobuz Applications and any copies thereof remain the exclusive property of XANDRIE SA, which grants the Customer a limited, non-exclusive and revocable licence for personal and non-commercial use. XANDRIE SA retains ownership of all copies of the Qobuz Applications, even once installed on your Listening Devices.

The Qobuz Applications are protected by the French laws relating to the French Intellectual Property Code.

As such, any impairment, representation, reproduction, modification, deletion, commercial use, whether total or partial, of the various elements of the Qobuz Applications is prohibited and leaves its author(s) open to proceedings.

These GCUS do not under any circumstances grant authorisation to represent, reproduce, modify or use commercially the various elements of the Qobuz Applications. Thus, any total or partial reproduction of Qobuz Applications and/or elements thereof for any purposes other than their use in accordance with their intended purpose is strictly prohibited; any resale, exchange or renting of files or their transfer to third parties is strictly prohibited.

The Customer benefits from the right to personal and non-commercial use of the Qobuz Applications. Any use of the Qobuz Applications by the Customer that falls outside the framework of these conditions is prohibited and exposes the Customer to civil and criminal prosecution.

The Customer must not:

(a) modify or create works derived from the Qobuz Applications or their documentation, including translation or localisation;

(b) copy the Qobuz Applications except under the terms of these GCUS;

(c) separate the components of the Qobuz Applications that are licensed as indivisible products;

(d) grant sublicences or permit the simultaneous use of the Qobuz Applications by more than one user;

(e) carry out reverse engineering, decompilation or disassembly, or try in any other way to extract the source code of the Qobuz Applications for any product (except to the extent that the legislation in force prohibits such a restriction);

(f) redistribute, sell, rent, grant sublicences for or use the Qobuz Applications in the framework of a time-sharing solution or virtual office, or in any other way transfer the rights to any software.

ARTICLE 12 – EARLY CANCELLATION, DEACTIVATION AND DELETION OF THE XANDRIE SA ACCOUNT


In the event of clear violation of the GCUS by the Customer, XANDRIE SA reserves the right to cancel the current subscription, delete and/or temporarily deactivate the Customer's account, without advance warning or compensation, notably in the event of:

· infringement of XANDRIE SA's interests and/or intellectual property rights;

· provision of incorrect information when registering with the Site;

· bypassing or attempting to bypass the technical protection measures implemented on the Site;

· total or partial non-payment of bills sent to the Customer.

The Customer is also permitted to request the deletion of his/her account. To do so, the Customer must send a request using the online contact form and XANDRIE SA will then delete the Customer's account within a maximum of 48 hours after receipt of the aforementioned message.

The Customer's attention is drawn to the fact that the cancellation of the account will prevent them, definitively and irrevocably, from finding information associated with the account and its associated purchases (playlists, albums, tracks, connection information etc.).

ARTICLE 13 – PAYMENT METHODS


Payment is made by bank card or any other method accepted by the payment service providers.

The Customer pays for his/her orders by communicating his/her bank details to XANDRIE SA via its certified partners, it being understood that the transaction is secure thanks to the service providers' secure online payment systems, which ensure that the transaction is made in accordance with banking security standards.

The amount will be debited at the time the order is made or up to 24 hours afterwards.

The payment method used to subscribe to one of the QOBUZ HI-FI SUBLIME offer will be reused when automatically renewing the subscription as described in article 7, unless the user changes this payment method in the "My Account" section. This change of payment method may be carried out at any time.

XANDRIE SA reserves the right to cancel or refuse any order from a Customer with whom there is a dispute (unpaid bill, etc.).

ARTICLE 14 – CUSTOMER'S OBLIGATIONS


The Customer declares on his/her honour that he/she is of legal adult age and has full legal capacity to place an order on the Site.

The Customer declares that he/she accepts these GCUS.

In accordance with article 4 of these GCUS, the Customer expressly promises to respect the conditions of use of the Qobuz streaming service, not to violate or try to violate the file protection measures and to respect the legislation in force relating to intellectual property rights.

The Customer expressly promises not to use the Site or its Services for illegal purposes.

The Customer expressly promises not to make commercial or illegal use of the information, services and content provided on the Site, under penalty of being held criminally or civilly responsible.

The Customer declares that he/she is solely responsible for the use he/she makes of the Service. XANDRIE SA may not under any circumstances be held responsible in the context of proceedings opened against one of its Customers who has engaged in incorrect use of its Services.

The Customer promises to take personal responsibility in the event of any claim or proceedings launched against XANDRIE SA connected with incorrect use of the Service.

In any event, XANDRIE SA will only be held responsible to the extent of its obligation to provide a compliant service. In this respect, this responsibility will be limited to the price of the order made by the Customer.

XANDRIE SA draws the Customer's attention to comments that it might publish on the Site.

The Site has interactive features that enable you notably to publish comments and to make some of your information accessible to the public, on the Internet or on social networks. XANDRIE SA cannot under any circumstances be held responsible for the Customer's decisions to make some of his/her information publicly accessible.

The Customer is also informed that the spaces reserved for comments on the Site are moderated and that remarks prohibited by law and/or by these GCUS, as well as any that violate third-party rights, may be deleted permanently, without advance notice or compensation of any kind. To this effect, it is prohibited to publish, notably but not exhaustively, comments likely to:

a) constitute a violation of third-party intellectual property rights; in this respect, the member promises not to reproduce or communicate to the public on the Site any information which is protected under authors' rights, subject to a trademark or more generally protected by any other intellectual property right held by third parties without the prior consent of the holder(s) of such property rights;

b) contain computer viruses that interrupt, destroy or distort any of the Site's functionalities;

c) advocate crimes or contain messages which are illegal, threatening, or which by nature are paedophilic, pornographic, defamatory, obscene, hateful, racist, xenophobic, revisionist or which are contrary to public order or the accepted principles of morality;

d) infringe the private life or the respect for dignity of third parties;

e) incite violence, fanaticism, crime, suicide, or hatred on the basis of religion, race, gender, sexual orientation, ethnicity or disability;

f) harass other members;

g) promote or encourage any criminal activity or enterprise;

h) request and/or communicate passwords and/or personal information for commercial or illegal purposes;

i) send advertising messages or undesired correspondence;

j) include advertisements and/or requests in order to offer products and/or services for commercialisation by means of the Site;

k) include addresses or hypertext links leading to external sites, the content of which conflicts with laws and regulations in force, violates third-party rights or conflicts with these conditions.

ARTICLE 15 – SITE'S RESPONSIBILITY


In accordance with article 2, XANDRIE SA cannot under any circumstances be held responsible for any technical problems inherent in the functioning of the Internet network. A non-exhaustive list of such problems includes problems relating to speed when accessing the Site, download speeds, suspension or inaccessibility of the Services, or fraudulent use by third parties of any information contained on the Site.

These GCUS clearly explain the procedures for technical use of the streaming services offered by XANDRIE SA.

In the event of technical incompatibility of the said services with the Customer's hardware, XANDRIE SA cannot under any circumstances be held responsible, and no reimbursement can be made. Furthermore, the protection of the Customer's computer hardware, notably against viruses, cannot under any circumstances be deemed the responsibility of XANDRIE SA.

The Site may contain hypertext links leading to third-party websites. XANDRIE SA cannot under any circumstances be held responsible in the event that the said third-party sites include any unlawful elements.

Finally, XANDRIE SA cannot be held responsible in the event of non-respect of the legislation of a foreign country in which the downloading is performed.

ARTICLE 16 – PERSONAL DATA


The protection of personal data is important to XANDRIE SA: all information and data concerning the Customer, which is necessary for the management of his/her orders and commercial relationship with XANDRIE SA, collected during the creation of the account, is intended for the sole use of XANDRIE SA.

Depending on the choices that he/she makes when creating the account, the Customer may receive offers from XANDRIE SA by email or post. However, the Customer has the option, if he/she wishes, not to receive offers by email, by making a request to this effect to the Customer Service department.

XANDRIE SA promises to respect the legislation of the territories listed in article 9 in relation to personal data, and, if applicable, to make any necessary statement to the local protection bodies.

In accordance with the French Law on Information Technology and Freedom no. 78-17 of 6 January 1978, this website has been declared to the CNIL (French Data Protection Authority) under number 1263952.

As such, the Customer has a right of access, information, modification and removal in relation to personal data concerning him/her, which can be exercised by sending a simple letter by email or post to XANDRIE SA. Any request must include the Customer's surname, first name and address, and must be addressed to XANDRIE SA@qobuz.com or XANDRIE SA Service juridique, , 45 rue de Delizy, 93692 Pantin CEDEX, France.

The Customer also notes that XANDRIE SA, in the interests of supporting the commercial relationship with the Customer, may choose to use "cookies" in accordance with article 15 of these GCUS. However, the Customer always has the option to deactivate the "cookies" through the options in his/her Internet browser. To do so, he/she simply needs to consult the help section of the browser concerned.

ARTICLE 17 – COOKIES


XANDRIE SA automatically collects information relating to its Customers via cookies that allow it to track their browsing through the Site.

The cookie files stored by the Customer's browser on his/her hard drive serve the purpose (among others) of recording information about the Customer or about his/her movement within the Site. In this way, the Site can recognise a visitor's habits and customise the presentation of the Site for each visitor; the "cookies" then make it possible to memorise how many articles to display on the home page or to retain a user's login details – when the visitor returns to the site, they no longer have to type in their name and password to be recognised, as these are automatically sent by the "cookie".

The "LEGAL INFORMATION" section on the Site indicates how to stop the saving of cookies.

ARTICLE 18 – INTELLECTUAL PROPERTY


The Site and all of its editorial, graphic, photographic, audio and video content are protected under the provisions of the French Intellectual Property Code. The Site and its associated databases have also been registered with the French Agency for the Protection of Programs (APP).

More generally, authors' rights and related rights are reserved and XANDRIE SA is the exclusive holder or concessionaire of all of the elements of intellectual property that make up the Site, such as logos, brands, pictures and templates, audio and video files, text, images, technologies and know-how.

As such, any impairment, or, in the absence of authorisation, any representation, reproduction, modification or commercial use, whether total or partial, of the various elements of the Site is prohibited and leaves its author(s) open to proceedings. These GCUS do not under any circumstances grant authorisation to represent, reproduce, modify or use commercially the various elements of the Site. Thus, any total or partial reproduction of the Site and/or elements thereof for any purposes other than its/their use in accordance with its/their intended purpose is strictly prohibited; any resale, exchange or renting of files or their transfer to third parties is strictly prohibited.

Similarly, the various possibilities offered to the Customer for burning or transferring as part of the products are not under any circumstances accompanied by relinquishment by the rights holders of their rights to their files which have been included in XANDRIE SA's services.

Furthermore, XANDRIE SA remains the sole holder of the right to broadcast the said files, which are protected by authors' rights throughout the world.

Through these conditions, the Customer promises not to violate (modify, remove, etc.) any of the technical measures for the protection of rights, not to block, modify or remove any information relating to the system of rights on the products and not to encourage or help third parties to perform such acts. Similarly, he/she promises not to try to bypass or modify the software necessary for the use of the services.

The Customer benefits from a right to make personal use of the service, limited by the conditions described in article 4, in a strictly personal and non-commercial capacity. Any use of the service by the Customer that falls outside the framework of these GCUS is prohibited and exposes the Customer to civil and criminal prosecution.

ARTICLE 19 – CUSTOMER SERVICE


Our Customer Service department is available to you for any information:

· With the online contact form  

· By post: XANDRIE SA, , 45 rue de Delizy, 93692 Pantin CEDEX, France

ARTICLE 20 – APPLICABLE LAW


Unless otherwise specified by the legislation of one of the territories listed in article 6 of these conditions, these GCUS will be subject to French law.

In the event of a dispute, the parties agree to seek arbitration before engaging in any court action.

If no amicable agreement can be reached between XANDRIE SA and the Customer, the French courts will be the solely competent authorities unless otherwise specified in the legislation of the Customer's country of residence.


 

QOBUZ HI-FI OFFER – GENERAL CONDITIONS OF USE AND SALE

PREAMBLE


The QOBUZ website, the address of which is http://www.qobuz.com (hereinafter referred to as the "Site"), is published by the company XANDRIE SA, which has a share capital of EUR 6 676 548 its head office located at 45 rue Delizy – 93500 PANTIN, France, and is registered with the Register of Trade and Companies of Bobigny under number B 749 983 029.

The Site offers the adult, non-professional public a product consisting of payable permanent downloads of music recordings in the form of tracks or albums (hereafter "the XANDRIE SA download service").

The Site also offers an unlimited listening service for streaming music without advertisements, proposed and operated by XANDRIE SA, permitting the Customer, by means of a paying subscription, to listen to all the titles in the Site's musical catalogue (hereafter "the Qobuz streaming service").

 

The Site offers visitors or Customers free access to broad range of editorial content (articles, dossiers, blogs, podcasts) regarding current music and the world of high-fidelity music.

 

The present General Conditions of Use and Sale (GCUS) cover the paying subscription offer for the Qobuz streaming service without advertising, which allows the Customer to listen to all the tracks in the Site's musical catalogue in real CD quality on three specific Non-mobile or Mobile Listening Device (personal computer, tablets, smartphones, connected audio devices) (hereafter referred to as "the QOBUZ HI-FI offer").

In order to benefit from the QOBUZ HI-FI offer, all customers of the Site must have consulted and accepted in advance, without reservations or restriction, these General Conditions of Use and Sale.

XANDRIE SA reserves the right to modify, at any time and at its discretion, these General Conditions of Use and Sale.

For any information of a technical nature, the customer can refer to the "Help, FAQ" section available on the Site.

DEFINITIONS


Under these GCUS, the following definitions will apply:

"Qobuz Applications" must be understood as any software made available to the Customer by XANDRIE SA allowing access to the Service and needing to be installed on Listening Devices.

"Customer" must be understood as any person registered for the Service under the conditions stipulated in article 3 of these GCUS.

"Import" must be understood as the temporary and encrypted transmission and storage, via an Internet network, of tracks, playlists or albums which have been selected by the Customer beforehand, onto any Listening Device, through the use of the Qobuz Applications.

"Nominative Information" must be understood as any information relating to the Customer.

"Offline Mode" must be understood as functionality that makes it possible to listen in MP3 quality or in True CD Quality without an active Internet connection to tracks, playlists and albums which have been downloaded by the Customer beforehand via the Import feature on any Listening Device through the use of the Qobuz Applications.

"Mobile Listening Device" must be understood as any electronic device that makes it possible to connect to the Internet through wired and/or wireless technology or through mobile radiotelephony networks from which the Service is available and on which a XANDRIE SA Application can be installed.

"Non-mobile Listening Device" must be understood as any electronic device that makes it possible to connect to the Internet through wired and/or wireless technology from which the Service is available via the Site, via the XANDRIE SA Player or via the XANDRIE SA Desktop application.

"Service" must be understood as any online or offline service that makes it possible to view or listen to the audio and video available on the Site or via the Qobuz Applications.

"Site" or "Website" must be understood as the interactive electronic service which is run by the company XANDRIE SA on the Internet and which can be accessed at the address http://www.qobuz.com .

"Streaming" must be understood as listening to or viewing digital files in real time, without the option to download them, under the conditions described below.

ARTICLE 1 – PURPOSE


The Site offers the Customer online audio/video services, the precise conditions of which are detailed in these GCUS.

The "qobuz.com" service is reserved for private individuals who are adults or who are children and have parental consent, and it cannot be used for professional purposes. In this respect, these provisions are without prejudice to the legal provisions protecting the consumer, notably those stipulated in the French Consumer Code.

In the absence of evidence to the contrary, the data recorded by XANDRIE SA constitutes proof of all of the transactions made between XANDRIE SA and its Customers.

The history of transactions between XANDRIE SA and the Customer can be consulted at any time in the Customer's profile, which is available on the Site.

ARTICLE 2 – DESCRIPTION OF THE QOBUZ HI-FI OFFER

The QOBUZ HI-FI offer cover the paying subscription offer for the Qobuz streaming service without advertising, which allows the Customer to listen to all the tracks in the Site's musical catalogue in real CD Quality on three specific Non-mobile or Mobile Listening Device (personal computer, tablets, smartphones, connected audio devices) (hereafter referred to as "the QOBUZ HI-FI offer").


The XANDRIE SA service also offers the Customer the possibility to access digital files on any Listening Device in Offline Mode via the Import feature. This access is available to Customers who have subscribed to the QOBUZ HI-FI offer.

The Offline Mode enables the Customer to listen to tracks, playlists or albums which have been downloaded by the Customer beforehand via the Import feature on any Listening Device through the use of the Qobuz Applications.

To do this, the Customer must import the tracks, albums and playlists concerned beforehand onto the desired devices and select Offline Mode.

It will then be possible to listen to the imported music without an active Internet connection, and this will remain the case throughout the subscription.

It will then be possible to listen to the imported music without an active Internet connection for a period of 30 days. After these 30 days, it will be necessary to log in to the service again in order to reactivate the right to listen to the imported music in Offline Mode.

The Import of music does not allow the imported music to be transferred or burnt onto any media of any kind.

Upon expiry of the subscription period (month or year), the Streaming and Import of music files (tracks, albums, playlists) and the Offline Mode will no longer be authorised to the Customer.

the Qobuz streaming service is accessible 24 hours a day and 7 days a week.

However, due to the complexity of the Internet, unplanned service interruptions may occur (problems due to the Internet service provider, external maintenance, etc.) and XANDRIE SA cannot under any circumstances be held responsible for this. Nonetheless, XANDRIE SA promises, as far as possible, to inform its Customers of any foreseeable interruption to its services by displaying a message on its Site.

XANDRIE SA reserves the right to make any modification or improvement to its services that it considers necessary and useful, and cannot be held responsible for any damages of any kind that might result from this.

In addition, XANDRIE SA reserves the right, without advance notice or compensation, to permanently stop a service or all of the services offered on the Site, and cannot be held liable for any damages of any kind that might result from this.

ARTICLE 3 – CONDITIONS OF ACCESS TO QOBUZ HI-FI OFFER


To be able to benefit from the QOBUZ HI-FI offer, the Customer must create an account. To do this, the Customer simply clicks on the "My Account" button, which is available on the Site's home page. The Customer then follows the instructions given by the Site.

Among other things, the Customer is asked to choose an ID (login name) and password. This information is strictly confidential, and the Customer is asked to exercise the greatest caution in keeping them. The Customer remains solely responsible for the consequences of the use of his/her account, until it is deactivated.

Any account created is personal and named and unique. The Customer can only create a single account.

In order to fulfil the legal obligations relating to billing, the Customer will be asked for several pieces of personal information (title, surname, first name, email address, post code, etc.). The Customer promises to provide accurate and sincere information, and to inform XANDRIE SA of any change in this respect. If it transpires that the Customer has provided inaccurate information with fraudulent intent, XANDRIE SA reserves the right to permanently close his/her account and to bring civil or criminal proceedings against him/her as appropriate.

Once the Customer has provided the required information, the Customer ticks a checkbox stating "I confirm that I have taken notice of and accepted the General Conditions of Use and Sale of the qobuz.com site". After confirming this field, the Customer is deemed to have read and accepted these GCUS and may therefore be held responsible for any non-fulfilment of the various obligations resulting from them.

Any trial offers offered by XANDRIE SA to its users will also be subject to the approval, without reservations or restriction, of these General Conditions of Use and Sale.

ARTICLE 4 – CONDITIONS OF USE OF THE QOBUZ HI-FI OFFER


The XANDRIE SA music streaming service will be accessible by the Customer on his/her personal computer (PC or Mac) via the Site, the XANDRIE SA Player or the XANDRIE SA Desktop application.

Streaming and Import on Mobile Listening Devices requires the prior download and installation of the XANDRIE SA mobile applications on these devices (list of available mobile applications can be found here: http://www.qobuz.com/gb-en/applications).

Use of the unlimited streaming service requires a broadband Internet connection and possibly a wireless connection (WiFi and mobile radiotelephony networks) for Mobile Listening Devices.

The charges for connection and communication relating to the use of an online sales service are not paid by XANDRIE SA, in accordance with article 10 of these GCUS.

The QOBUZ HI-FI offer allows access to XANDRIE SA streaming service on three specific listening devices (personal computer, tablets, smartphones, connected audio devices).

Access to the Qobuz streaming service is strictly personal, and it and cannot be used on several Listening Devices at the same time.

In accordance with article 18 of these GCUS, all of the files offered via the Service are protected by authors' rights.

They can therefore only be used strictly in a private and free capacity, with complete respect for the conditions defined by XANDRIE SA;

In this respect, in accordance with article 12 of these GCUS and with the legislation in force, the Customer is strictly forbidden from trying to bypass, remove or impair the technical measures implemented to protect works or any device with an equivalent objective.

XANDRIE SA grants subscribers to its streaming service a limited, non-exclusive and revocable licence authorising them to listen in real time, without authorisation to download, in their country of residence, the multimedia content available on XANDRIE SA via the QOBUZ HI-FI offer. This use must be in a personal and non-commercial context. Subscribers are not authorised to sell or sublicense their rights at the end of their subscription.

The tracks and albums making up the Site's music catalogue that are available to XANDRIE SA streaming subscribers for listening are subject to contracts between XANDRIE SA and the rights holders and are therefore are liable to change.

As such, XANDRIE SA cannot under any circumstances guarantee the presence of a track or album by any artists or performers in the catalogue that it offers to its Customers and cannot under any circumstances be held responsible for any deletion of tracks, albums or the catalogue of any artist or performer on its Site.

For more information about how to use the Qobuz streaming service, the Customer shall refer to the "Help, FAQ" section.

ARTICLE 5 – ABSENCE OF RIGHT OF WITHDRAWAL

 

 

As per the stipulations of Articles L121-21-8 13° of the French Consumer Code, the Customer acknowledges and expressly accepts, through accepting the present GCUS at the time of registration (i) the provision of the Service starts immediately after the confirmation of his registration to the QOBUZ HI-FI offer and (ii) acknowledges and accepts therefore that they shall not be able to use the right of withdrawal and the delay of fourteen full days associated with online or remote sales which the Consumer Code stipulates.

 

Therefore, no request for withdrawal, cancellation or refund will be acceptable for the subscribed period.

ARTICLE 6 – DURATION


The QOBUZ HI-FI subscription offer is offered by XANDRIE SA for a one-month or a one-year period.

XANDRIE SA reserves the right to offer, for variable periods, trial offers for its streaming subscription services, excepting for those subscribers who have already subscribed for a one-year period to one of the subscriber offers available on the Site.

These trial offers will also be subject to the approval, without reservations or restriction, of these General Conditions of Use and Sale.

ARTICLE 7 – RENEWAL


The subscription to the QOBUZ HI-FI offer will be automatically renewed at the end of every subscription period, unless the Customer terminates the service as per article 8 of the present GCUS.

The method of payment used at the time of the initial subscription will then be used again, unless the Customer has modified it beforehand in the "My Account" section.

ARTICLE 8 – CANCELLATION


The subscriber may discontinue his/her subscription to the QOBUZ HI-FI offer that he/she subscribed to by going to the "My Account" section.

Receipt and acceptance of the cancellation will be confirmed to the Customer by email, but will only take effect at the end of the current subscription period, subject to the notification having been sent at least 48 hours before the end of this period.

If the cancellation period is not respected, the subscription will be automatically renewed.

In the case of annual subscriptions, XANDRIE SA promises to inform the Customer, no earlier than three months and no later than one month before the product's renewal date, if it may not be able to renew the XANDRIE SA streaming subscription that the Customer initially subscribed to.

Unless the account is permanently closed, any subscription will remain valid for the whole duration of the paid-for or offered offer (monthly or annually), even in the case of unsubscription by the Customer before the end of this period.

ARTICLE 9 – TERRITORY


Access to QOBUZ HI-FI offer is reserved for Customers residing in the following territories: France, Switzerland, Belgium, Luxembourg, Germany, United Kingdom, Netherlands, Austria and Ireland (hereinafter referred to as the "Territory"), who have a bank card issued by a banking institution established in the Territory.

ARTICLE 10 – PRICES


The price of QOBUZ HI-FI offer is indicated on the Site the local currency of the Customer.

The price includes the price of subscription plus any applicable VAT (in force on the date of subscription).

Our prices do not include charges for connection and communication relating to the use of an online sales service, these being payable exclusively by the Internet user.

XANDRIE SA reserves the right to modify the prices or these General Conditions of Use and Sale at any time, the products and services being billed in accordance with the tariffs in force at the time the Customer's order is recorded.

XANDRIE SA reserves the right to offer time-limited trial offers of its music streaming service free of charge to any user of the Service and to subscribers to the Service, with the exception of its subscribers who have subscribed for a duration of one year to one of its streaming subscription products offered on the Site.

XANDRIE SA reserves the right to offer trial offers of its music streaming service for variable durations.

ARTICLE 11 – CUSTOMER'S OBLIGATIONS SPECIFIC TO THE Qobuz Applications


The Qobuz Applications and any copies thereof remain the exclusive property of XANDRIE SA, which grants the Customer a limited, non-exclusive and revocable licence for personal and non-commercial use. XANDRIE SA retains ownership of all copies of the Qobuz Applications, even once installed on your Listening Devices.

The Qobuz Applications are protected by the French laws relating to the French Intellectual Property Code.

As such, any impairment, representation, reproduction, modification, deletion, commercial use, whether total or partial, of the various elements of the Qobuz Applications is prohibited and leaves its author(s) open to proceedings.

These GCUS do not under any circumstances grant authorisation to represent, reproduce, modify or use commercially the various elements of the Qobuz Applications. Thus, any total or partial reproduction of Qobuz Applications and/or elements thereof for any purposes other than their use in accordance with their intended purpose is strictly prohibited; any resale, exchange or renting of files or their transfer to third parties is strictly prohibited.

The Customer benefits from the right to personal and non-commercial use of the Qobuz Applications. Any use of the Qobuz Applications by the Customer that falls outside the framework of these conditions is prohibited and exposes the Customer to civil and criminal prosecution.

The Customer must not:

(a) modify or create works derived from the Qobuz Applications or their documentation, including translation or localisation;

(b) copy the Qobuz Applications except under the terms of these GCUS;

(c) separate the components of the Qobuz Applications that are licensed as indivisible products;

(d) grant sublicences or permit the simultaneous use of the Qobuz Applications by more than one user;

(e) carry out reverse engineering, decompilation or disassembly, or try in any other way to extract the source code of the Qobuz Applications for any product (except to the extent that the legislation in force prohibits such a restriction);

(f) redistribute, sell, rent, grant sublicences for or use the Qobuz Applications in the framework of a time-sharing solution or virtual office, or in any other way transfer the rights to any software.

ARTICLE 12 – EARLY CANCELLATION, DEACTIVATION AND DELETION OF THE XANDRIE SA ACCOUNT


In the event of clear violation of the GCUS by the Customer, XANDRIE SA reserves the right to cancel the current subscription, delete and/or temporarily deactivate the Customer's account, without advance warning or compensation, notably in the event of:

· infringement of XANDRIE SA's interests and/or intellectual property rights;

· provision of incorrect information when registering with the Site;

· bypassing or attempting to bypass the technical protection measures implemented on the Site;

· total or partial non-payment of bills sent to the Customer.

The Customer is also permitted to request the deletion of his/her account. To do so, the Customer must send a request using the online contact form and XANDRIE SA will then delete the Customer's account within a maximum of 48 hours after receipt of the aforementioned message.

The Customer's attention is drawn to the fact that the cancellation of the account will prevent them, definitively and irrevocably, from finding information associated with the account and its associated purchases (playlists, albums, tracks, connection information etc.).

ARTICLE 13 – PAYMENT METHODS


Payment is made by bank card or any other method accepted by the payment service providers.

The Customer pays for his/her orders by communicating his/her bank details to XANDRIE SA via its certified partners, it being understood that the transaction is secure thanks to the service providers' secure online payment systems, which ensure that the transaction is made in accordance with banking security standards.

The amount will be debited at the time the order is made or up to 24 hours afterwards.

The payment method used to subscribe to one of the QOBUZ HI-FI offer will be reused when automatically renewing the subscription as described in article 7, unless the user changes this payment method in the "My Account" section. This change of payment method may be carried out at any time.

The trial offers of the Qobuz streaming service which XANDRIE SA may decide to offer may also be subject to a payment method being entered, although these trials will not result in any payment being taken from the Customer during the period specified in the offer. At the end of such trials, the payment method that was provided by the Customer will be reused for the automatic renewal of the Customer's subscription at the price of the QOBUZ HI-FI offer in force at the time of subscribing to the trial offer, under the conditions described in article 7 above.

Throughout the duration of such trial offers of the Qobuz streaming service, the Customer has the option to the cancel the current subscription at any time, in accordance with article 8 above.

XANDRIE SA reserves the right to cancel or refuse any order from a Customer with whom there is a dispute (unpaid bill, etc.).

ARTICLE 14 – CUSTOMER'S OBLIGATIONS


The Customer declares on his/her honour that he/she is of legal adult age and has full legal capacity to place an order on the Site.

The Customer declares that he/she accepts these GCUS.

In accordance with article 4 of these GCUS, the Customer expressly promises to respect the conditions of use of the Qobuz streaming service, not to violate or try to violate the file protection measures and to respect the legislation in force relating to intellectual property rights.

The Customer expressly promises not to use the Site or its Services for illegal purposes.

The Customer expressly promises not to make commercial or illegal use of the information, services and content provided on the Site, under penalty of being held criminally or civilly responsible.

The Customer declares that he/she is solely responsible for the use he/she makes of the Service. XANDRIE SA may not under any circumstances be held responsible in the context of proceedings opened against one of its Customers who has engaged in incorrect use of its Services.

The Customer promises to take personal responsibility in the event of any claim or proceedings launched against XANDRIE SA connected with incorrect use of the Service.

In any event, XANDRIE SA will only be held responsible to the extent of its obligation to provide a compliant service. In this respect, this responsibility will be limited to the price of the order made by the Customer.

XANDRIE SA draws the Customer's attention to comments that it might publish on the Site.

The Site has interactive features that enable you notably to publish comments and to make some of your information accessible to the public, on the Internet or on social networks. XANDRIE SA cannot under any circumstances be held responsible for the Customer's decisions to make some of his/her information publicly accessible.

The Customer is also informed that the spaces reserved for comments on the Site are moderated and that remarks prohibited by law and/or by these GCUS, as well as any that violate third-party rights, may be deleted permanently, without advance notice or compensation of any kind. To this effect, it is prohibited to publish, notably but not exhaustively, comments likely to:

a) constitute a violation of third-party intellectual property rights; in this respect, the member promises not to reproduce or communicate to the public on the Site any information which is protected under authors' rights, subject to a trademark or more generally protected by any other intellectual property right held by third parties without the prior consent of the holder(s) of such property rights;

b) contain computer viruses that interrupt, destroy or distort any of the Site's functionalities;

c) advocate crimes or contain messages which are illegal, threatening, or which by nature are paedophilic, pornographic, defamatory, obscene, hateful, racist, xenophobic, revisionist or which are contrary to public order or the accepted principles of morality;

d) infringe the private life or the respect for dignity of third parties;

e) incite violence, fanaticism, crime, suicide, or hatred on the basis of religion, race, gender, sexual orientation, ethnicity or disability;

f) harass other members;

g) promote or encourage any criminal activity or enterprise;

h) request and/or communicate passwords and/or personal information for commercial or illegal purposes;

i) send advertising messages or undesired correspondence;

j) include advertisements and/or requests in order to offer products and/or services for commercialisation by means of the Site;

k) include addresses or hypertext links leading to external sites, the content of which conflicts with laws and regulations in force, violates third-party rights or conflicts with these conditions.

ARTICLE 15 – SITE'S RESPONSIBILITY


In accordance with article 2, XANDRIE SA cannot under any circumstances be held responsible for any technical problems inherent in the functioning of the Internet network. A non-exhaustive list of such problems includes problems relating to speed when accessing the Site, download speeds, suspension or inaccessibility of the Services, or fraudulent use by third parties of any information contained on the Site.

These GCUS clearly explain the procedures for technical use of the streaming services offered by XANDRIE SA.

In the event of technical incompatibility of the said services with the Customer's hardware, XANDRIE SA cannot under any circumstances be held responsible, and no reimbursement can be made. Furthermore, the protection of the Customer's computer hardware, notably against viruses, cannot under any circumstances be deemed the responsibility of XANDRIE SA.

The Site may contain hypertext links leading to third-party websites. XANDRIE SA cannot under any circumstances be held responsible in the event that the said third-party sites include any unlawful elements.

Finally, XANDRIE SA cannot be held responsible in the event of non-respect of the legislation of a foreign country in which the downloading is performed.

ARTICLE 16 – PERSONAL DATA


The protection of personal data is important to XANDRIE SA: all information and data concerning the Customer, which is necessary for the management of his/her orders and commercial relationship with XANDRIE SA, collected during the creation of the account, is intended for the sole use of XANDRIE SA.

Depending on the choices that he/she makes when creating the account, the Customer may receive offers from XANDRIE SA by email or post. However, the Customer has the option, if he/she wishes, not to receive offers by email, by making a request to this effect to the Customer Service department.

XANDRIE SA promises to respect the legislation of the territories listed in article 9 in relation to personal data, and, if applicable, to make any necessary statement to the local protection bodies.

In accordance with the French Law on Information Technology and Freedom no. 78-17 of 6 January 1978, this website has been declared to the CNIL (French Data Protection Authority) under number 1263952.

As such, the Customer has a right of access, information, modification and removal in relation to personal data concerning him/her, which can be exercised by sending a simple letter by email or post to XANDRIE SA. Any request must include the Customer's surname, first name and address, and must be addressed to XANDRIE SA@qobuz.com or XANDRIE SA Service juridique, , 45 rue de Delizy, 93692 Pantin CEDEX, France.

The Customer also notes that XANDRIE SA, in the interests of supporting the commercial relationship with the Customer, may choose to use "cookies" in accordance with article 15 of these GCUS. However, the Customer always has the option to deactivate the "cookies" through the options in his/her Internet browser. To do so, he/she simply needs to consult the help section of the browser concerned.

ARTICLE 17 – COOKIES


XANDRIE SA automatically collects information relating to its Customers via cookies that allow it to track their browsing through the Site.

The cookie files stored by the Customer's browser on his/her hard drive serve the purpose (among others) of recording information about the Customer or about his/her movement within the Site. In this way, the Site can recognise a visitor's habits and customise the presentation of the Site for each visitor; the "cookies" then make it possible to memorise how many articles to display on the home page or to retain a user's login details – when the visitor returns to the site, they no longer have to type in their name and password to be recognised, as these are automatically sent by the "cookie".

The "LEGAL INFORMATION" section on the Site indicates how to stop the saving of cookies.

ARTICLE 18 – INTELLECTUAL PROPERTY


The Site and all of its editorial, graphic, photographic, audio and video content are protected under the provisions of the French Intellectual Property Code. The Site and its associated databases have also been registered with the French Agency for the Protection of Programs (APP).

More generally, authors' rights and related rights are reserved and XANDRIE SA is the exclusive holder or concessionaire of all of the elements of intellectual property that make up the Site, such as logos, brands, pictures and templates, audio and video files, text, images, technologies and know-how.

As such, any impairment, or, in the absence of authorisation, any representation, reproduction, modification or commercial use, whether total or partial, of the various elements of the Site is prohibited and leaves its author(s) open to proceedings. These GCUS do not under any circumstances grant authorisation to represent, reproduce, modify or use commercially the various elements of the Site. Thus, any total or partial reproduction of the Site and/or elements thereof for any purposes other than its/their use in accordance with its/their intended purpose is strictly prohibited; any resale, exchange or renting of files or their transfer to third parties is strictly prohibited.

Similarly, the various possibilities offered to the Customer for burning or transferring as part of the products are not under any circumstances accompanied by relinquishment by the rights holders of their rights to their files which have been included in XANDRIE SA's services.

Furthermore, XANDRIE SA remains the sole holder of the right to broadcast the said files, which are protected by authors' rights throughout the world.

Through these conditions, the Customer promises not to violate (modify, remove, etc.) any of the technical measures for the protection of rights, not to block, modify or remove any information relating to the system of rights on the products and not to encourage or help third parties to perform such acts. Similarly, he/she promises not to try to bypass or modify the software necessary for the use of the services.

The Customer benefits from a right to make personal use of the service, limited by the conditions described in article 4, in a strictly personal and non-commercial capacity. Any use of the service by the Customer that falls outside the framework of these GCUS is prohibited and exposes the Customer to civil and criminal prosecution.

ARTICLE 19 – CUSTOMER SERVICE


Our Customer Service department is available to you for any information:

· With the online contact form

· By post: XANDRIE SA, , 45 rue de Delizy, 93692 Pantin CEDEX, France

ARTICLE 20 – APPLICABLE LAW


Unless otherwise specified by the legislation of one of the territories listed in article 6 of these conditions, these GCUS will be subject to French law.

In the event of a dispute, the parties agree to seek arbitration before engaging in any court action.

If no amicable agreement can be reached between XANDRIE SA and the Customer, the French courts will be the solely competent authorities unless otherwise specified in the legislation of the Customer's country of residence.


 

QOBUZ HI-FI CLASSICAL SUBSCRIPTION – GENERAL CONDITIONS OF USE AND SALE

PREAMBLE


The QOBUZ website, the address of which is http://www.qobuz.com (hereinafter referred to as the "Site"), is published by the company XANDRIE SA, which has a share capital of EUR 6 676 548 its head office located at 45 rue Delizy – 93500 PANTIN, France, and is registered with the Register of Trade and Companies of Bobigny under number B 749 983 029.

The Site offers the adult, non-professional public a product consisting of payable permanent downloads of music recordings in the form of tracks or albums (hereafter "the XANDRIE SA download service").

The Site also offers an unlimited listening service for streaming music without advertisements, proposed and operated by XANDRIE SA, permitting the Customer, by means of a paying subscription, to listen to all the titles in the Site's musical catalogue (hereafter "the Qobuz streaming service").

 

The Site offers visitors or Customers free access to broad range of editorial content (articles, dossiers, blogs, podcasts) regarding current music and the world of high-fidelity music.

 

The present General Conditions of Use and Sale (GCUS) cover the paying subscription offer for the Qobuz streaming service without advertising, which allows the Customer to listen to all the tracks and albums in the Classical genre present in the Site's musical catalogue in real CD quality on three specific Non-mobile or Mobile Listening Device (personal computer, tablets, smartphones, connected audio devices) (hereafter referred to as "the QOBUZ HI-FI CLASSICAL offer").

In order to benefit from the QOBUZ HI-FI CLASSICAL offer, all customers of the Site must have consulted and accepted in advance, without reservations or restriction, these General Conditions of Use and Sale.

XANDRIE SA reserves the right to modify, at any time and at its discretion, these General Conditions of Use and Sale.

For any information of a technical nature, the customer can refer to the "Help, FAQ" section available on the Site.

DEFINITIONS


Under these GCUS, the following definitions will apply:

"Qobuz Applications" must be understood as any software made available to the Customer by XANDRIE SA allowing access to the Service and needing to be installed on Listening Devices.

"Customer" must be understood as any person registered for the Service under the conditions stipulated in article 3 of these GCUS.

"Classical Genre" must be understood as any digital music file referenced by the Site within the Classical genre.

"Import" must be understood as the temporary and encrypted transmission and storage, via an Internet network, of tracks, playlists or albums which have been selected by the Customer beforehand, onto any Listening Device, through the use of the Qobuz Applications.

"Nominative Information" must be understood as any information relating to the Customer.

"Offline Mode" must be understood as functionality that makes it possible to listen in MP3 quality or in True CD Quality without an active Internet connection to tracks, playlists and albums which have been downloaded by the Customer beforehand via the Import feature on any Listening Device through the use of the Qobuz Applications.

"Mobile Listening Device" must be understood as any electronic device that makes it possible to connect to the Internet through wired and/or wireless technology or through mobile radiotelephony networks from which the Service is available and on which a XANDRIE SA Application can be installed.

"Non-mobile Listening Device" must be understood as any electronic device that makes it possible to connect to the Internet through wired and/or wireless technology from which the Service is available via the Site, via the XANDRIE SA Player or via the XANDRIE SA Desktop application.

"Service" must be understood as any online or offline service that makes it possible to view or listen to the audio and video available on the Site or via the Qobuz Applications.

"Site" or "Website" must be understood as the interactive electronic service which is run by the company XANDRIE SA on the Internet and which can be accessed at the address http://www.qobuz.com .

"Streaming" must be understood as listening to or viewing digital files in real time, without the option to download them, under the conditions described below.

ARTICLE 1 – PURPOSE


The Site offers the Customer online audio/video services, the precise conditions of which are detailed in these GCUS.

The "qobuz.com" service is reserved for private individuals who are adults or who are children and have parental consent, and it cannot be used for professional purposes. In this respect, these provisions are without prejudice to the legal provisions protecting the consumer, notably those stipulated in the French Consumer Code.

In the absence of evidence to the contrary, the data recorded by XANDRIE SA constitutes proof of all of the transactions made between XANDRIE SA and its Customers.

The history of transactions between XANDRIE SA and the Customer can be consulted at any time in the Customer's profile, which is available on the Site.

ARTICLE 2 – DESCRIPTION OF THE QOBUZ HI-FI CLASSICAL OFFER

 

The QOBUZ HI-FI CLASSICAL offer cover the paying subscription offer for the Qobuz streaming service without advertising, which allows the Customer to listen to all the tracks and albums in the Classical genre present in the Site's musical catalogue in real CD quality on three specific Non-mobile or Mobile Listening Device (personal computer, tablets, smartphones, connected audio devices).

The XANDRIE SA service also offers the Customer the possibility to access digital files on any Listening Device in Offline Mode via the Import feature. This access is available to Customers who have subscribed to the QOBUZ HI-FI CLASSICAL offer.

The Offline Mode enables the Customer to listen to tracks, playlists or albums which have been downloaded by the Customer beforehand via the Import feature on any Listening Device through the use of the Qobuz Applications.

To do this, the Customer must import the tracks, albums and playlists concerned beforehand onto the desired devices and select Offline Mode.

It will then be possible to listen to the imported music without an active Internet connection, and this will remain the case throughout the subscription.

It will then be possible to listen to the imported music without an active Internet connection for a period of 30 days. After these 30 days, it will be necessary to log in to the service again in order to reactivate the right to listen to the imported music in Offline Mode.

The Import of music does not allow the imported music to be transferred or burnt onto any media of any kind.

Upon expiry of the subscription period (month or year), the Streaming and Import of music files (tracks, albums, playlists) and the Offline Mode will no longer be authorised to the Customer.

the Qobuz streaming service is accessible 24 hours a day and 7 days a week.

However, due to the complexity of the Internet, unplanned service interruptions may occur (problems due to the Internet service provider, external maintenance, etc.) and XANDRIE SA cannot under any circumstances be held responsible for this. Nonetheless, XANDRIE SA promises, as far as possible, to inform its Customers of any foreseeable interruption to its services by displaying a message on its Site.

XANDRIE SA reserves the right to make any modification or improvement to its services that it considers necessary and useful, and cannot be held responsible for any damages of any kind that might result from this.

In addition, XANDRIE SA reserves the right, without advance notice or compensation, to permanently stop a service or all of the services offered on the Site, and cannot be held liable for any damages of any kind that might result from this.

ARTICLE 3 – CONDITIONS OF ACCESS TO QOBUZ HI-FI CLASSICAL OFFER


To be able to benefit from the QOBUZ HI-FI CLASSICAL offer, the Customer must create an account. To do this, the Customer simply clicks on the "My Account" button, which is available on the Site's home page. The Customer then follows the instructions given by the Site.

Among other things, the Customer is asked to choose an ID (login name) and password. This information is strictly confidential, and the Customer is asked to exercise the greatest caution in keeping them. The Customer remains solely responsible for the consequences of the use of his/her account, until it is deactivated.

Any account created is personal and named and unique. The Customer can only create a single account.

In order to fulfil the legal obligations relating to billing, the Customer will be asked for several pieces of personal information (title, surname, first name, email address, post code, etc.). The Customer promises to provide accurate and sincere information, and to inform XANDRIE SA of any change in this respect. If it transpires that the Customer has provided inaccurate information with fraudulent intent, XANDRIE SA reserves the right to permanently close his/her account and to bring civil or criminal proceedings against him/her as appropriate.

Once the Customer has provided the required information, the Customer ticks a checkbox stating "I confirm that I have taken notice of and accepted the General Conditions of Use and Sale of the qobuz.com site". After confirming this field, the Customer is deemed to have read and accepted these GCUS and may therefore be held responsible for any non-fulfilment of the various obligations resulting from them.

Any trial offers offered by XANDRIE SA to its users will also be subject to the approval, without reservations or restriction, of these General Conditions of Use and Sale.

ARTICLE 4 – CONDITIONS OF USE OF THE QOBUZ HI-FI CLASSICAL OFFER


The XANDRIE SA music streaming service will be accessible by the Customer on his/her personal computer (PC or Mac) via the Site, the XANDRIE SA Player or the XANDRIE SA Desktop application.

Streaming and Import on Mobile Listening Devices requires the prior download and installation of the XANDRIE SA mobile applications on these devices (list of available mobile applications can be found here: http://www.qobuz.com/gb-en/applications).

Use of the unlimited streaming service requires a broadband Internet connection and possibly a wireless connection (WiFi and mobile radiotelephony networks) for Mobile Listening Devices.

The charges for connection and communication relating to the use of an online sales service are not paid by XANDRIE SA, in accordance with article 10 of these GCUS.

The QOBUZ HI-FI CLASSICAL offer allows access to XANDRIE SA streaming service on three specific listening devices (personal computer, tablets, smartphones, connected audio devices).

Access to the Qobuz streaming service is strictly personal, and it and cannot be used on several Listening Devices at the same time.

In accordance with article 18 of these GCUS, all of the files offered via the Service are protected by authors' rights.

They can therefore only be used strictly in a private and free capacity, with complete respect for the conditions defined by XANDRIE SA;

In this respect, in accordance with article 12 of these GCUS and with the legislation in force, the Customer is strictly forbidden from trying to bypass, remove or impair the technical measures implemented to protect works or any device with an equivalent objective.

XANDRIE SA grants subscribers to its streaming service a limited, non-exclusive and revocable licence authorising them to listen in real time, without authorisation to download, in their country of residence, the multimedia content available on XANDRIE SA via the QOBUZ HI-FI CLASSICAL offer. This use must be in a personal and non-commercial context. Subscribers are not authorised to sell or sublicense their rights at the end of their subscription.

The tracks and albums making up the Site's music catalogue that are available to XANDRIE SA streaming subscribers for listening are subject to contracts between XANDRIE SA and the rights holders and are therefore are liable to change.

As such, XANDRIE SA cannot under any circumstances guarantee the presence of a track or album by any artists or performers in the catalogue that it offers to its Customers and cannot under any circumstances be held responsible for any deletion of tracks, albums or the catalogue of any artist or performer on its Site.

For more information about how to use the Qobuz streaming service, the Customer shall refer to the "Help, FAQ" section.

ARTICLE 5 – ABSENCE OF RIGHT OF WITHDRAWAL

 

 

As per the stipulations of Articles L121-21-8 13° of the French Consumer Code, the Customer acknowledges and expressly accepts, through accepting the present GCUS at the time of registration (i) the provision of the Service starts immediately after the confirmation of his registration to the QOBUZ HI-FI CLASSICAL offer and (ii) acknowledges and accepts therefore that they shall not be able to use the right of withdrawal and the delay of fourteen full days associated with online or remote sales which the Consumer Code stipulates.

 

Therefore, no request for withdrawal, cancellation or refund will be acceptable for the subscribed period.

ARTICLE 6 – DURATION


The QOBUZ HI-FI CLASSICAL subscription offer is offered by XANDRIE SA for a one-month or a one-year period.

 

XANDRIE SA reserves the right to offer, for variable periods, trial offers for its streaming subscription services, excepting for those subscribers who have already subscribed for a one-year period to one of the subscriber offers available on the Site.

These trial offers will also be subject to the approval, without reservations or restriction, of these General Conditions of Use and Sale.

ARTICLE 7 – RENEWAL


The subscription to the QOBUZ HI-FI CLASSICAL offer will be automatically renewed at the end of every subscription period, unless the Customer terminates the service as per article 8 of the present GCUS.

The method of payment used at the time of the initial subscription will then be used again, unless the Customer has modified it beforehand in the "My Account" section.

ARTICLE 8 – CANCELLATION


The subscriber may discontinue his/her subscription to the XANDRIE SA streaming product that he/she subscribed to by going to the "My Account" section.

Receipt and acceptance of the cancellation will be confirmed to the Customer by email, but will only take effect at the end of the current subscription period, subject to the notification having been sent at least 48 hours before the end of this period.

If the cancellation period is not respected, the subscription will be automatically renewed.

In the case of annual subscriptions, XANDRIE SA promises to inform the Customer, no earlier than three months and no later than one month before the product's renewal date, if it may not be able to renew the XANDRIE SA streaming subscription that the Customer initially subscribed to.

Unless the account is permanently closed, any subscription will remain valid for the whole duration of the paid-for or offered offer (monthly or annually), even in the case of unsubscription by the Customer before the end of this period.

ARTICLE 9 – TERRITORY


Access to QOBUZ HI-FI CLASSICAL offer is reserved for Customers residing in the following territories: France, Switzerland, Belgium, Luxembourg, Germany, United Kingdom, Netherlands, Austria and Ireland (hereinafter referred to as the "Territory"), who have a bank card issued by a banking institution established in the Territory.

ARTICLE 10 – PRICES


The price of QOBUZ HI-FI CLASSICAL offer is indicated on the Site in the local currency of the Customer.

The price includes the price of subscription plus any applicable VAT (in force on the date of subscription).

Our prices do not include charges for connection and communication relating to the use of an online sales service, these being payable exclusively by the Internet user.

XANDRIE SA reserves the right to modify the prices or these General Conditions of Use and Sale at any time, the products and services being billed in accordance with the tariffs in force at the time the Customer's order is recorded.

XANDRIE SA reserves the right to offer time-limited trial offers of its music streaming service free of charge to any user of the Service and to subscribers to the Service, with the exception of its subscribers who have subscribed for a duration of one year to one of its streaming subscription products offered on the Site.

XANDRIE SA reserves the right to offer trial offers of its music streaming service for variable durations.

ARTICLE 11 – CUSTOMER'S OBLIGATIONS SPECIFIC TO THE Qobuz Applications


The Qobuz Applications and any copies thereof remain the exclusive property of XANDRIE SA, which grants the Customer a limited, non-exclusive and revocable licence for personal and non-commercial use. XANDRIE SA retains ownership of all copies of the Qobuz Applications, even once installed on your Listening Devices.

The Qobuz Applications are protected by the French laws relating to the French Intellectual Property Code.

As such, any impairment, representation, reproduction, modification, deletion, commercial use, whether total or partial, of the various elements of the Qobuz Applications is prohibited and leaves its author(s) open to proceedings.

These GCUS do not under any circumstances grant authorisation to represent, reproduce, modify or use commercially the various elements of the Qobuz Applications. Thus, any total or partial reproduction of Qobuz Applications and/or elements thereof for any purposes other than their use in accordance with their intended purpose is strictly prohibited; any resale, exchange or renting of files or their transfer to third parties is strictly prohibited.

The Customer benefits from the right to personal and non-commercial use of the Qobuz Applications. Any use of the Qobuz Applications by the Customer that falls outside the framework of these conditions is prohibited and exposes the Customer to civil and criminal prosecution.

The Customer must not:

(a) modify or create works derived from the Qobuz Applications or their documentation, including translation or localisation;

(b) copy the Qobuz Applications except under the terms of these GCUS;

(c) separate the components of the Qobuz Applications that are licensed as indivisible products;

(d) grant sublicences or permit the simultaneous use of the Qobuz Applications by more than one user;

(e) carry out reverse engineering, decompilation or disassembly, or try in any other way to extract the source code of the Qobuz Applications for any product (except to the extent that the legislation in force prohibits such a restriction);

(f) redistribute, sell, rent, grant sublicences for or use the Qobuz Applications in the framework of a time-sharing solution or virtual office, or in any other way transfer the rights to any software.

ARTICLE 12 – EARLY CANCELLATION, DEACTIVATION AND DELETION OF THE XANDRIE SA ACCOUNT


In the event of clear violation of the GCUS by the Customer, XANDRIE SA reserves the right to cancel the current subscription, delete and/or temporarily deactivate the Customer's account, without advance warning or compensation, notably in the event of:

· infringement of XANDRIE SA's interests and/or intellectual property rights;

· provision of incorrect information when registering with the Site;

· bypassing or attempting to bypass the technical protection measures implemented on the Site;

· total or partial non-payment of bills sent to the Customer.

The Customer is also permitted to request the deletion of his/her account. To do so, the Customer must send a request using the online contact form and XANDRIE SA will then delete the Customer's account within a maximum of 48 hours after receipt of the aforementioned message.

The Customer's attention is drawn to the fact that the cancellation of the account will prevent them, definitively and irrevocably, from finding information associated with the account and its associated purchases (playlists, albums, tracks, connection information etc.).

ARTICLE 13 – PAYMENT METHODS


Payment is made by bank card or any other method accepted by the payment service providers.

The Customer pays for his/her orders by communicating his/her bank details to XANDRIE SA via its certified partners, it being understood that the transaction is secure thanks to the service providers' secure online payment systems, which ensure that the transaction is made in accordance with banking security standards.

The amount will be debited at the time the order is made or up to 24 hours afterwards.

The payment method used to subscribe to one of the QOBUZ HI-FI CLASSICAL offer will be reused when automatically renewing the subscription as described in article 7, unless the user changes this payment method in the "My Account" section. This change of payment method may be carried out at any time.

The trial offers of the Qobuz streaming service which XANDRIE SA may decide to offer may also be subject to a payment method being entered, although these trials will not result in any payment being taken from the Customer during the period specified in the offer. At the end of such trials, the payment method that was provided by the Customer will be reused for the automatic renewal of the Customer's subscription at the price of the QOBUZ HI-FI CLASSICAL offer in force at the time of subscribing to the trial offer, under the conditions described in article 7 above.

Throughout the duration of such trial offers of the Qobuz streaming service, the Customer has the option to the cancel the current subscription at any time, in accordance with article 8 above.

XANDRIE SA reserves the right to cancel or refuse any order from a Customer with whom there is a dispute (unpaid bill, etc.).

ARTICLE 14 – CUSTOMER'S OBLIGATIONS


The Customer declares on his/her honour that he/she is of legal adult age and has full legal capacity to place an order on the Site.

The Customer declares that he/she accepts these GCUS.

In accordance with article 4 of these GCUS, the Customer expressly promises to respect the conditions of use of the Qobuz streaming service, not to violate or try to violate the file protection measures and to respect the legislation in force relating to intellectual property rights.

The Customer expressly promises not to use the Site or its Services for illegal purposes.

The Customer expressly promises not to make commercial or illegal use of the information, services and content provided on the Site, under penalty of being held criminally or civilly responsible.

The Customer declares that he/she is solely responsible for the use he/she makes of the Service. XANDRIE SA may not under any circumstances be held responsible in the context of proceedings opened against one of its Customers who has engaged in incorrect use of its Services.

The Customer promises to take personal responsibility in the event of any claim or proceedings launched against XANDRIE SA connected with incorrect use of the Service.

In any event, XANDRIE SA will only be held responsible to the extent of its obligation to provide a compliant service. In this respect, this responsibility will be limited to the price of the order made by the Customer.

XANDRIE SA draws the Customer's attention to comments that it might publish on the Site.

The Site has interactive features that enable you notably to publish comments and to make some of your information accessible to the public, on the Internet or on social networks. XANDRIE SA cannot under any circumstances be held responsible for the Customer's decisions to make some of his/her information publicly accessible.

The Customer is also informed that the spaces reserved for comments on the Site are moderated and that remarks prohibited by law and/or by these GCUS, as well as any that violate third-party rights, may be deleted permanently, without advance notice or compensation of any kind. To this effect, it is prohibited to publish, notably but not exhaustively, comments likely to:

a) constitute a violation of third-party intellectual property rights; in this respect, the member promises not to reproduce or communicate to the public on the Site any information which is protected under authors' rights, subject to a trademark or more generally protected by any other intellectual property right held by third parties without the prior consent of the holder(s) of such property rights;

b) contain computer viruses that interrupt, destroy or distort any of the Site's functionalities;

c) advocate crimes or contain messages which are illegal, threatening, or which by nature are paedophilic, pornographic, defamatory, obscene, hateful, racist, xenophobic, revisionist or which are contrary to public order or the accepted principles of morality;

d) infringe the private life or the respect for dignity of third parties;

e) incite violence, fanaticism, crime, suicide, or hatred on the basis of religion, race, gender, sexual orientation, ethnicity or disability;

f) harass other members;

g) promote or encourage any criminal activity or enterprise;

h) request and/or communicate passwords and/or personal information for commercial or illegal purposes;

i) send advertising messages or undesired correspondence;

j) include advertisements and/or requests in order to offer products and/or services for commercialisation by means of the Site;

k) include addresses or hypertext links leading to external sites, the content of which conflicts with laws and regulations in force, violates third-party rights or conflicts with these conditions.

ARTICLE 15 – SITE'S RESPONSIBILITY


In accordance with article 2, XANDRIE SA cannot under any circumstances be held responsible for any technical problems inherent in the functioning of the Internet network. A non-exhaustive list of such problems includes problems relating to speed when accessing the Site, download speeds, suspension or inaccessibility of the Services, or fraudulent use by third parties of any information contained on the Site.

These GCUS clearly explain the procedures for technical use of the streaming services offered by XANDRIE SA.

In the event of technical incompatibility of the said services with the Customer's hardware, XANDRIE SA cannot under any circumstances be held responsible, and no reimbursement can be made. Furthermore, the protection of the Customer's computer hardware, notably against viruses, cannot under any circumstances be deemed the responsibility of XANDRIE SA.

The Site may contain hypertext links leading to third-party websites. XANDRIE SA cannot under any circumstances be held responsible in the event that the said third-party sites include any unlawful elements.

Finally, XANDRIE SA cannot be held responsible in the event of non-respect of the legislation of a foreign country in which the downloading is performed.

ARTICLE 16 – PERSONAL DATA


The protection of personal data is important to XANDRIE SA: all information and data concerning the Customer, which is necessary for the management of his/her orders and commercial relationship with XANDRIE SA, collected during the creation of the account, is intended for the sole use of XANDRIE SA.

Depending on the choices that he/she makes when creating the account, the Customer may receive offers from XANDRIE SA by email or post. However, the Customer has the option, if he/she wishes, not to receive offers by email, by making a request to this effect to the Customer Service department.

XANDRIE SA promises to respect the legislation of the territories listed in article 9 in relation to personal data, and, if applicable, to make any necessary statement to the local protection bodies.

In accordance with the French Law on Information Technology and Freedom no. 78-17 of 6 January 1978, this website has been declared to the CNIL (French Data Protection Authority) under number 1263952.

As such, the Customer has a right of access, information, modification and removal in relation to personal data concerning him/her, which can be exercised by sending a simple letter by email or post to XANDRIE SA. Any request must include the Customer's surname, first name and address, and must be addressed to XANDRIE SA@qobuz.com or XANDRIE SA Service juridique, , 45 rue de Delizy, 93692 Pantin CEDEX, France.

The Customer also notes that XANDRIE SA, in the interests of supporting the commercial relationship with the Customer, may choose to use "cookies" in accordance with article 15 of these GCUS. However, the Customer always has the option to deactivate the "cookies" through the options in his/her Internet browser. To do so, he/she simply needs to consult the help section of the browser concerned.

ARTICLE 17 – COOKIES


XANDRIE SA automatically collects information relating to its Customers via cookies that allow it to track their browsing through the Site.

The cookie files stored by the Customer's browser on his/her hard drive serve the purpose (among others) of recording information about the Customer or about his/her movement within the Site. In this way, the Site can recognise a visitor's habits and customise the presentation of the Site for each visitor; the "cookies" then make it possible to memorise how many articles to display on the home page or to retain a user's login details – when the visitor returns to the site, they no longer have to type in their name and password to be recognised, as these are automatically sent by the "cookie".

The "LEGAL INFORMATION" section on the Site indicates how to stop the saving of cookies.

ARTICLE 18 – INTELLECTUAL PROPERTY


The Site and all of its editorial, graphic, photographic, audio and video content are protected under the provisions of the French Intellectual Property Code. The Site and its associated databases have also been registered with the French Agency for the Protection of Programs (APP).

More generally, authors' rights and related rights are reserved and XANDRIE SA is the exclusive holder or concessionaire of all of the elements of intellectual property that make up the Site, such as logos, brands, pictures and templates, audio and video files, text, images, technologies and know-how.

As such, any impairment, or, in the absence of authorisation, any representation, reproduction, modification or commercial use, whether total or partial, of the various elements of the Site is prohibited and leaves its author(s) open to proceedings. These GCUS do not under any circumstances grant authorisation to represent, reproduce, modify or use commercially the various elements of the Site. Thus, any total or partial reproduction of the Site and/or elements thereof for any purposes other than its/their use in accordance with its/their intended purpose is strictly prohibited; any resale, exchange or renting of files or their transfer to third parties is strictly prohibited.

Similarly, the various possibilities offered to the Customer for burning or transferring as part of the products are not under any circumstances accompanied by relinquishment by the rights holders of their rights to their files which have been included in XANDRIE SA's services.

Furthermore, XANDRIE SA remains the sole holder of the right to broadcast the said files, which are protected by authors' rights throughout the world.

Through these conditions, the Customer promises not to violate (modify, remove, etc.) any of the technical measures for the protection of rights, not to block, modify or remove any information relating to the system of rights on the products and not to encourage or help third parties to perform such acts. Similarly, he/she promises not to try to bypass or modify the software necessary for the use of the services.

The Customer benefits from a right to make personal use of the service, limited by the conditions described in article 4, in a strictly personal and non-commercial capacity. Any use of the service by the Customer that falls outside the framework of these GCUS is prohibited and exposes the Customer to civil and criminal prosecution.

ARTICLE 19 – CUSTOMER SERVICE


Our Customer Service department is available to you for any information:

· With the online contact form

· By post: XANDRIE SA, , 45 rue de Delizy, 93692 Pantin CEDEX, France

ARTICLE 20 – APPLICABLE LAW


Unless otherwise specified by the legislation of one of the territories listed in article 6 of these conditions, these GCUS will be subject to French law.

In the event of a dispute, the parties agree to seek arbitration before engaging in any court action.

If no amicable agreement can be reached between XANDRIE SA and the Customer, the French courts will be the solely competent authorities unless otherwise specified in the legislation of the Customer's country of residence.

 

QOBUZ PREMIUM OFFER – GENERAL CONDITIONS OF USE AND SALE

PREAMBLE


The QOBUZ website, the address of which is http://www.qobuz.com (hereinafter referred to as the "Site"), is published by the company XANDRIE SA, which has a share capital of EUR 6 676 548 its head office located at 45 rue Delizy – 93500 PANTIN, France, and is registered with the Register of Trade and Companies of Bobigny under number B 749 983 029.

The Site offers the adult, non-professional public a product consisting of payable permanent downloads of music recordings in the form of tracks or albums (hereafter "the XANDRIE SA download service").

The Site also offers an unlimited listening service for streaming music without advertisements, proposed and operated by XANDRIE SA, permitting the Customer, by means of a paying subscription, to listen to all the titles in the Site's musical catalogue (hereafter "the Qobuz streaming service").

 

The Site offers visitors or Customers free access to broad range of editorial content (articles, dossiers, blogs, podcasts) regarding current music and the world of high-fidelity music.

 

The present General Conditions of Use and Sale (GCUS) cover the paying subscription offer for the Qobuz streaming service without advertising, which allows the Customer to listen to all the tracks in the Site's musical catalogue in 320kbps (MP3) quality on three specific Non-Mobile or Mobile Listening Device (personal computer, tablets, smartphones, connected audio devices) (hereafter referred to as "the QOBUZ PREMIUM offer").

In order to benefit from the QOBUZ PREMIUM offer, all customers of the Site must have consulted and accepted in advance, without reservations or restriction, these General Conditions of Use and Sale.

XANDRIE SA reserves the right to modify, at any time and at its discretion, these General Conditions of Use and Sale.

For any information of a technical nature, the customer can refer to the "Help, FAQ" section available on the Site.

DEFINITIONS


Under these GCUS, the following definitions will apply:

"Qobuz Applications" must be understood as any software made available to the Customer by XANDRIE SA allowing access to the Service and needing to be installed on Listening Devices.

"Customer" must be understood as any person registered for the Service under the conditions stipulated in article 3 of these GCUS.

"Import" must be understood as the temporary and encrypted transmission and storage, via an Internet network, of tracks, playlists or albums which have been selected by the Customer beforehand, onto any Listening Device, through the use of the Qobuz Applications.

"Nominative Information" must be understood as any information relating to the Customer.

"Offline Mode" must be understood as functionality that makes it possible to listen in MP3 quality or in True CD Quality without an active Internet connection to tracks, playlists and albums which have been downloaded by the Customer beforehand via the Import feature on any Listening Device through the use of the Qobuz Applications.

"Mobile Listening Device" must be understood as any electronic device that makes it possible to connect to the Internet through wired and/or wireless technology or through mobile radiotelephony networks from which the Service is available and on which a XANDRIE SA Application can be installed.

"Non-mobile Listening Device" must be understood as any electronic device that makes it possible to connect to the Internet through wired and/or wireless technology from which the Service is available via the Site, via the XANDRIE SA Player or via the XANDRIE SA Desktop application.

"Service" must be understood as any online or offline service that makes it possible to view or listen to the audio and video available on the Site or via the Qobuz Applications.

"Site" or "Website" must be understood as the interactive electronic service which is run by the company XANDRIE SA on the Internet and which can be accessed at the address http://www.qobuz.com .

"Streaming" must be understood as listening to or viewing digital files in real time, without the option to download them, under the conditions described below.

ARTICLE 1 – PURPOSE


The Site offers the Customer online audio/video services, the precise conditions of which are detailed in these GCUS.

The "qobuz.com" service is reserved for private individuals who are adults or who are children and have parental consent, and it cannot be used for professional purposes. In this respect, these provisions are without prejudice to the legal provisions protecting the consumer, notably those stipulated in the French Consumer Code.

In the absence of evidence to the contrary, the data recorded by XANDRIE SA constitutes proof of all of the transactions made between XANDRIE SA and its Customers.

The history of transactions between XANDRIE SA and the Customer can be consulted at any time in the Customer's profile, which is available on the Site.

ARTICLE 2 – DESCRIPTION OF THE QOBUZ PREMIUM OFFER

The QOBUZ PREMIUM offer cover the paying subscription offer for the Qobuz streaming service without advertising, which allows the Customer to listen to all the tracks in the Site's musical catalogue in 320kbps (MP3) quality on three specific Non-mobile or Mobile Listening Device (personal computer, tablets, smartphones, connected audio devices).

The XANDRIE SA service also offers the Customer the possibility to access digital files on any Listening Device in Offline Mode via the Import feature. This access is available to Customers who have subscribed to the QOBUZ PREMIUM offer.

The Offline Mode enables the Customer to listen to tracks, playlists or albums which have been downloaded by the Customer beforehand via the Import feature on any Listening Device through the use of the Qobuz Applications.

To do this, the Customer must import the tracks, albums and playlists concerned beforehand onto the desired devices and select Offline Mode.

It will then be possible to listen to the imported music without an active Internet connection, and this will remain the case throughout the subscription.

It will then be possible to listen to the imported music without an active Internet connection for a period of 30 days. After these 30 days, it will be necessary to log in to the service again in order to reactivate the right to listen to the imported music in Offline Mode.

The Import of music does not allow the imported music to be transferred or burnt onto any media of any kind.

Upon expiry of the subscription period (month or year), the Streaming and Import of music files (tracks, albums, playlists) and the Offline Mode will no longer be authorised to the Customer.

the Qobuz streaming service is accessible 24 hours a day and 7 days a week.

However, due to the complexity of the Internet, unplanned service interruptions may occur (problems due to the Internet service provider, external maintenance, etc.) and XANDRIE SA cannot under any circumstances be held responsible for this. Nonetheless, XANDRIE SA promises, as far as possible, to inform its Customers of any foreseeable interruption to its services by displaying a message on its Site.

XANDRIE SA reserves the right to make any modification or improvement to its services that it considers necessary and useful, and cannot be held responsible for any damages of any kind that might result from this.

In addition, XANDRIE SA reserves the right, without advance notice or compensation, to permanently stop a service or all of the services offered on the Site, and cannot be held liable for any damages of any kind that might result from this.

ARTICLE 3 – CONDITIONS OF ACCESS TO QOBUZ PREMIUM OFFER


To be able to benefit from the QOBUZ PREMIUM offer, the Customer must create an account. To do this, the Customer simply clicks on the "My Account" button, which is available on the Site's home page. The Customer then follows the instructions given by the Site.

Among other things, the Customer is asked to choose an ID (login name) and password. This information is strictly confidential, and the Customer is asked to exercise the greatest caution in keeping them. The Customer remains solely responsible for the consequences of the use of his/her account, until it is deactivated.

Any account created is personal and named and unique. The Customer can only create a single account.

In order to fulfil the legal obligations relating to billing, the Customer will be asked for several pieces of personal information (title, surname, first name, email address, post code, etc.). The Customer promises to provide accurate and sincere information, and to inform XANDRIE SA of any change in this respect. If it transpires that the Customer has provided inaccurate information with fraudulent intent, XANDRIE SA reserves the right to permanently close his/her account and to bring civil or criminal proceedings against him/her as appropriate.

Once the Customer has provided the required information, the Customer ticks a checkbox stating "I confirm that I have taken notice of and accepted the General Conditions of Use and Sale of the qobuz.com site". After confirming this field, the Customer is deemed to have read and accepted these GCUS and may therefore be held responsible for any non-fulfilment of the various obligations resulting from them.

Any trial offers offered by XANDRIE SA to its users will also be subject to the approval, without reservations or restriction, of these General Conditions of Use and Sale.

ARTICLE 4 – CONDITIONS OF USE OF THE QOBUZ PREMIUM OFFER


The XANDRIE SA music streaming service will be accessible by the Customer on his/her personal computer (PC or Mac) via the Site, the XANDRIE SA Player or the XANDRIE SA Desktop application.

Streaming and Import on Mobile Listening Devices requires the prior download and installation of the XANDRIE SA mobile applications on these devices (list of available mobile applications can be found here: http://www.qobuz.com/gb-en/applications).

Use of the unlimited streaming service requires a broadband Internet connection and possibly a wireless connection (WiFi and mobile radiotelephony networks) for Mobile Listening Devices.

The charges for connection and communication relating to the use of an online sales service are not paid by XANDRIE SA, in accordance with article 10 of these GCUS.

The QOBUZ PREMIUM offer allows access to XANDRIE SA streaming service on three specific listening devices (personal computer, tablets, smartphones, connected audio devices).

Access to the Qobuz streaming service is strictly personal, and it and cannot be used on several Listening Devices at the same time.

In accordance with article 18 of these GCUS, all of the files offered via the Service are protected by authors' rights.

They can therefore only be used strictly in a private and free capacity, with complete respect for the conditions defined by XANDRIE SA;

In this respect, in accordance with article 12 of these GCUS and with the legislation in force, the Customer is strictly forbidden from trying to bypass, remove or impair the technical measures implemented to protect works or any device with an equivalent objective.

XANDRIE SA grants subscribers to its streaming service a limited, non-exclusive and revocable licence authorising them to listen in real time, without authorisation to download, in their country of residence, the multimedia content available on XANDRIE SA via the QOBUZ PREMIUM offer. This use must be in a personal and non-commercial context. Subscribers are not authorised to sell or sublicense their rights at the end of their subscription.

The tracks and albums making up the Site's music catalogue that are available to XANDRIE SA streaming subscribers for listening are subject to contracts between XANDRIE SA and the rights holders and are therefore are liable to change.

As such, XANDRIE SA cannot under any circumstances guarantee the presence of a track or album by any artists or performers in the catalogue that it offers to its Customers and cannot under any circumstances be held responsible for any deletion of tracks, albums or the catalogue of any artist or performer on its Site.

For more information about how to use the Qobuz streaming service, the Customer shall refer to the "Help, FAQ" section.

ARTICLE 5 – ABSENCE OF RIGHT OF WITHDRAWAL

 

 

As per the stipulations of Articles L121-21-8 13° of the French Consumer Code, the Customer acknowledges and expressly accepts, through accepting the present GCUS at the time of registration (i) the provision of the Service starts immediately after the confirmation of his registration to the QOBUZ PREMIUM offer and (ii) acknowledges and accepts therefore that they shall not be able to use the right of withdrawal and the delay of fourteen full days associated with online or remote sales which the Consumer Code stipulates.

 

Therefore, no request for withdrawal, cancellation or refund will be acceptable for the subscribed period.

ARTICLE 6 – DURATION


The QOBUZ PREMIUM subscription offer is offered by XANDRIE SA for a one-month or a one-year period.

 

XANDRIE SA reserves the right to offer, for variable periods, trial offers for its streaming subscription services, excepting for those subscribers who have already subscribed for a one-year period to one of the subscriber offers available on the Site.

These trial offers will also be subject to the approval, without reservations or restriction, of these General Conditions of Use and Sale.

ARTICLE 7 – RENEWAL


The subscription to the QOBUZ PREMIUM offer will be automatically renewed at the end of every subscription period, unless the Customer terminates the service as per article 8 of the present GCUS.

The method of payment used at the time of the initial subscription will then be used again, unless the Customer has modified it beforehand in the "My Account" section.

ARTICLE 8 – CANCELLATION


The subscriber may discontinue his/her subscription to the QOBUZ PREMIUM offer that he/she subscribed to by going to the "My Account" section.

Receipt and acceptance of the cancellation will be confirmed to the Customer by email, but will only take effect at the end of the current subscription period, subject to the notification having been sent at least 48 hours before the end of this period.

If the cancellation period is not respected, the subscription will be automatically renewed.

In the case of annual subscriptions, XANDRIE SA promises to inform the Customer, no earlier than three months and no later than one month before the product's renewal date, if it may not be able to renew the XANDRIE SA streaming subscription that the Customer initially subscribed to.

Unless the account is permanently closed, any subscription will remain valid for the whole duration of the paid-for or offered offer (monthly or annually), even in the case of unsubscription by the Customer before the end of this period.

ARTICLE 9 – TERRITORY


Access to QOBUZ PREMIUM offer is reserved for Customers residing in the following territories: France, Switzerland, Belgium, Luxembourg, Germany, United Kingdom, Netherlands, Austria and Ireland (hereinafter referred to as the "Territory"), who have a bank card issued by a banking institution established in the Territory.

ARTICLE 10 – PRICES


The price of QOBUZ PREMIUM offer is indicated on the Site in the local currency of the Customer.

The price includes the price of subscription plus any applicable VAT (in force on the date of subscription).

Our prices do not include charges for connection and communication relating to the use of an online sales service, these being payable exclusively by the Internet user.

XANDRIE SA reserves the right to modify the prices or these General Conditions of Use and Sale at any time, the products and services being billed in accordance with the tariffs in force at the time the Customer's order is recorded.

XANDRIE SA reserves the right to offer time-limited trial offers of its music streaming service free of charge to any user of the Service and to subscribers to the Service, with the exception of its subscribers who have subscribed for a duration of one year to one of its streaming subscription products offered on the Site.

XANDRIE SA reserves the right to offer trial offers of its music streaming service for variable durations.

ARTICLE 11 – CUSTOMER'S OBLIGATIONS SPECIFIC TO THE Qobuz Applications


The Qobuz Applications and any copies thereof remain the exclusive property of XANDRIE SA, which grants the Customer a limited, non-exclusive and revocable licence for personal and non-commercial use. XANDRIE SA retains ownership of all copies of the Qobuz Applications, even once installed on your Listening Devices.

The Qobuz Applications are protected by the French laws relating to the French Intellectual Property Code.

As such, any impairment, representation, reproduction, modification, deletion, commercial use, whether total or partial, of the various elements of the Qobuz Applications is prohibited and leaves its author(s) open to proceedings.

These GCUS do not under any circumstances grant authorisation to represent, reproduce, modify or use commercially the various elements of the Qobuz Applications. Thus, any total or partial reproduction of Qobuz Applications and/or elements thereof for any purposes other than their use in accordance with their intended purpose is strictly prohibited; any resale, exchange or renting of files or their transfer to third parties is strictly prohibited.

The Customer benefits from the right to personal and non-commercial use of the Qobuz Applications. Any use of the Qobuz Applications by the Customer that falls outside the framework of these conditions is prohibited and exposes the Customer to civil and criminal prosecution.

The Customer must not:

(a) modify or create works derived from the Qobuz Applications or their documentation, including translation or localisation;

(b) copy the Qobuz Applications except under the terms of these GCUS;

(c) separate the components of the Qobuz Applications that are licensed as indivisible products;

(d) grant sublicences or permit the simultaneous use of the Qobuz Applications by more than one user;

(e) carry out reverse engineering, decompilation or disassembly, or try in any other way to extract the source code of the Qobuz Applications for any product (except to the extent that the legislation in force prohibits such a restriction);

(f) redistribute, sell, rent, grant sublicences for or use the Qobuz Applications in the framework of a time-sharing solution or virtual office, or in any other way transfer the rights to any software.

ARTICLE 12 – EARLY CANCELLATION, DEACTIVATION AND DELETION OF THE XANDRIE SA ACCOUNT


In the event of clear violation of the GCUS by the Customer, XANDRIE SA reserves the right to cancel the current subscription, delete and/or temporarily deactivate the Customer's account, without advance warning or compensation, notably in the event of:

· infringement of XANDRIE SA's interests and/or intellectual property rights;

· provision of incorrect information when registering with the Site;

· bypassing or attempting to bypass the technical protection measures implemented on the Site;

· total or partial non-payment of bills sent to the Customer.

The Customer is also permitted to request the deletion of his/her account. To do so, the Customer must send a request using the online contact form and XANDRIE SA will then delete the Customer's account within a maximum of 48 hours after receipt of the aforementioned message.

The Customer's attention is drawn to the fact that the cancellation of the account will prevent them, definitively and irrevocably, from finding information associated with the account and its associated purchases (playlists, albums, tracks, connection information etc.).

ARTICLE 13 – PAYMENT METHODS


Payment is made by bank card or any other method accepted by the payment service providers.

The Customer pays for his/her orders by communicating his/her bank details to XANDRIE SA via its certified partners, it being understood that the transaction is secure thanks to the service providers' secure online payment systems, which ensure that the transaction is made in accordance with banking security standards.

The amount will be debited at the time the order is made or up to 24 hours afterwards.

The payment method used to subscribe to one of the QOBUZ PREMIUM offer will be reused when automatically renewing the subscription as described in article 7, unless the user changes this payment method in the "My Account" section. This change of payment method may be carried out at any time.

The trial offers of the Qobuz streaming service which XANDRIE SA may decide to offer may also be subject to a payment method being entered, although these trials will not result in any payment being taken from the Customer during the period specified in the offer. At the end of such trials, the payment method that was provided by the Customer will be reused for the automatic renewal of the Customer's subscription at the price of the QOBUZ PREMIUM offer in force at the time of subscribing to the trial offer, under the conditions described in article 7 above.

Throughout the duration of such trial offers of the Qobuz streaming service, the Customer has the option to the cancel the current subscription at any time, in accordance with article 8 above.

XANDRIE SA reserves the right to cancel or refuse any order from a Customer with whom there is a dispute (unpaid bill, etc.).

ARTICLE 14 – CUSTOMER'S OBLIGATIONS


The Customer declares on his/her honour that he/she is of legal adult age and has full legal capacity to place an order on the Site.

The Customer declares that he/she accepts these GCUS.

In accordance with article 4 of these GCUS, the Customer expressly promises to respect the conditions of use of the Qobuz streaming service, not to violate or try to violate the file protection measures and to respect the legislation in force relating to intellectual property rights.

The Customer expressly promises not to use the Site or its Services for illegal purposes.

The Customer expressly promises not to make commercial or illegal use of the information, services and content provided on the Site, under penalty of being held criminally or civilly responsible.

The Customer declares that he/she is solely responsible for the use he/she makes of the Service. XANDRIE SA may not under any circumstances be held responsible in the context of proceedings opened against one of its Customers who has engaged in incorrect use of its Services.

The Customer promises to take personal responsibility in the event of any claim or proceedings launched against XANDRIE SA connected with incorrect use of the Service.

In any event, XANDRIE SA will only be held responsible to the extent of its obligation to provide a compliant service. In this respect, this responsibility will be limited to the price of the order made by the Customer.

XANDRIE SA draws the Customer's attention to comments that it might publish on the Site.

The Site has interactive features that enable you notably to publish comments and to make some of your information accessible to the public, on the Internet or on social networks. XANDRIE SA cannot under any circumstances be held responsible for the Customer's decisions to make some of his/her information publicly accessible.

The Customer is also informed that the spaces reserved for comments on the Site are moderated and that remarks prohibited by law and/or by these GCUS, as well as any that violate third-party rights, may be deleted permanently, without advance notice or compensation of any kind. To this effect, it is prohibited to publish, notably but not exhaustively, comments likely to:

a) constitute a violation of third-party intellectual property rights; in this respect, the member promises not to reproduce or communicate to the public on the Site any information which is protected under authors' rights, subject to a trademark or more generally protected by any other intellectual property right held by third parties without the prior consent of the holder(s) of such property rights;

b) contain computer viruses that interrupt, destroy or distort any of the Site's functionalities;

c) advocate crimes or contain messages which are illegal, threatening, or which by nature are paedophilic, pornographic, defamatory, obscene, hateful, racist, xenophobic, revisionist or which are contrary to public order or the accepted principles of morality;

d) infringe the private life or the respect for dignity of third parties;

e) incite violence, fanaticism, crime, suicide, or hatred on the basis of religion, race, gender, sexual orientation, ethnicity or disability;

f) harass other members;

g) promote or encourage any criminal activity or enterprise;

h) request and/or communicate passwords and/or personal information for commercial or illegal purposes;

i) send advertising messages or undesired correspondence;

j) include advertisements and/or requests in order to offer products and/or services for commercialisation by means of the Site;

k) include addresses or hypertext links leading to external sites, the content of which conflicts with laws and regulations in force, violates third-party rights or conflicts with these conditions.

ARTICLE 15 – SITE'S RESPONSIBILITY


In accordance with article 2, XANDRIE SA cannot under any circumstances be held responsible for any technical problems inherent in the functioning of the Internet network. A non-exhaustive list of such problems includes problems relating to speed when accessing the Site, download speeds, suspension or inaccessibility of the Services, or fraudulent use by third parties of any information contained on the Site.

These GCUS clearly explain the procedures for technical use of the streaming services offered by XANDRIE SA.

In the event of technical incompatibility of the said services with the Customer's hardware, XANDRIE SA cannot under any circumstances be held responsible, and no reimbursement can be made. Furthermore, the protection of the Customer's computer hardware, notably against viruses, cannot under any circumstances be deemed the responsibility of XANDRIE SA.

The Site may contain hypertext links leading to third-party websites. XANDRIE SA cannot under any circumstances be held responsible in the event that the said third-party sites include any unlawful elements.

Finally, XANDRIE SA cannot be held responsible in the event of non-respect of the legislation of a foreign country in which the downloading is performed.

ARTICLE 16 – PERSONAL DATA


The protection of personal data is important to XANDRIE SA: all information and data concerning the Customer, which is necessary for the management of his/her orders and commercial relationship with XANDRIE SA, collected during the creation of the account, is intended for the sole use of XANDRIE SA.

Depending on the choices that he/she makes when creating the account, the Customer may receive offers from XANDRIE SA by email or post. However, the Customer has the option, if he/she wishes, not to receive offers by email, by making a request to this effect to the Customer Service department.

XANDRIE SA promises to respect the legislation of the territories listed in article 9 in relation to personal data, and, if applicable, to make any necessary statement to the local protection bodies.

In accordance with the French Law on Information Technology and Freedom no. 78-17 of 6 January 1978, this website has been declared to the CNIL (French Data Protection Authority) under number 1263952.

As such, the Customer has a right of access, information, modification and removal in relation to personal data concerning him/her, which can be exercised by sending a simple letter by email or post to XANDRIE SA. Any request must include the Customer's surname, first name and address, and must be addressed to XANDRIE SA@qobuz.com or XANDRIE SA Service juridique, , 45 rue de Delizy, 93692 Pantin CEDEX, France.

The Customer also notes that XANDRIE SA, in the interests of supporting the commercial relationship with the Customer, may choose to use "cookies" in accordance with article 15 of these GCUS. However, the Customer always has the option to deactivate the "cookies" through the options in his/her Internet browser. To do so, he/she simply needs to consult the help section of the browser concerned.

ARTICLE 17 – COOKIES


XANDRIE SA automatically collects information relating to its Customers via cookies that allow it to track their browsing through the Site.

The cookie files stored by the Customer's browser on his/her hard drive serve the purpose (among others) of recording information about the Customer or about his/her movement within the Site. In this way, the Site can recognise a visitor's habits and customise the presentation of the Site for each visitor; the "cookies" then make it possible to memorise how many articles to display on the home page or to retain a user's login details – when the visitor returns to the site, they no longer have to type in their name and password to be recognised, as these are automatically sent by the "cookie".

The "LEGAL INFORMATION" section on the Site indicates how to stop the saving of cookies.

ARTICLE 18 – INTELLECTUAL PROPERTY


The Site and all of its editorial, graphic, photographic, audio and video content are protected under the provisions of the French Intellectual Property Code. The Site and its associated databases have also been registered with the French Agency for the Protection of Programs (APP).

More generally, authors' rights and related rights are reserved and XANDRIE SA is the exclusive holder or concessionaire of all of the elements of intellectual property that make up the Site, such as logos, brands, pictures and templates, audio and video files, text, images, technologies and know-how.

As such, any impairment, or, in the absence of authorisation, any representation, reproduction, modification or commercial use, whether total or partial, of the various elements of the Site is prohibited and leaves its author(s) open to proceedings. These GCUS do not under any circumstances grant authorisation to represent, reproduce, modify or use commercially the various elements of the Site. Thus, any total or partial reproduction of the Site and/or elements thereof for any purposes other than its/their use in accordance with its/their intended purpose is strictly prohibited; any resale, exchange or renting of files or their transfer to third parties is strictly prohibited.

Similarly, the various possibilities offered to the Customer for burning or transferring as part of the products are not under any circumstances accompanied by relinquishment by the rights holders of their rights to their files which have been included in XANDRIE SA's services.

Furthermore, XANDRIE SA remains the sole holder of the right to broadcast the said files, which are protected by authors' rights throughout the world.

Through these conditions, the Customer promises not to violate (modify, remove, etc.) any of the technical measures for the protection of rights, not to block, modify or remove any information relating to the system of rights on the products and not to encourage or help third parties to perform such acts. Similarly, he/she promises not to try to bypass or modify the software necessary for the use of the services.

The Customer benefits from a right to make personal use of the service, limited by the conditions described in article 4, in a strictly personal and non-commercial capacity. Any use of the service by the Customer that falls outside the framework of these GCUS is prohibited and exposes the Customer to civil and criminal prosecution.

ARTICLE 19 – CUSTOMER SERVICE


Our Customer Service department is available to you for any information:

· With the online contact form

· By post: XANDRIE SA, , 45 rue de Delizy, 93692 Pantin CEDEX, France

ARTICLE 20 – APPLICABLE LAW


Unless otherwise specified by the legislation of one of the territories listed in article 6 of these conditions, these GCUS will be subject to French law.

In the event of a dispute, the parties agree to seek arbitration before engaging in any court action.

If no amicable agreement can be reached between XANDRIE SA and the Customer, the French courts will be the solely competent authorities unless otherwise specified in the legislation of the Customer's country of residence.


 

QOBUZ BASIC SUBSCRIPTION – GENERAL CONDITIONS OF USE AND SALE

PREAMBLE


The QOBUZ website, the address of which is http://www.qobuz.com (hereinafter referred to as the "Site"), is published by the company XANDRIE SA, which has a share capital of EUR 6 676 548 its head office located at 45 rue Delizy – 93500 PANTIN, France, and is registered with the Register of Trade and Companies of Bobigny under number B 749 983 029.

The Site offers the adult, non-professional public a product consisting of payable permanent downloads of music recordings in the form of tracks or albums (hereafter "the XANDRIE SA download service").

The Site also offers an unlimited listening service for streaming music without advertisements, proposed and operated by XANDRIE SA, permitting the Customer, by means of a paying subscription, to listen to all the titles in the Site's musical catalogue (hereafter "the Qobuz streaming service").

 

The Site offers visitors or Customers free access to broad range of editorial content (articles, dossiers, blogs, podcasts) regarding current music and the world of high-fidelity music.

 

The present General Conditions of Use and Sale (GCUS) cover the paying subscription offer for the Qobuz streaming service without advertising, which is offered by the XANDRIE SA company, and allows the Customer to listen to all the tracks in the Site's musical catalogue in 320kbps (MP3) quality on a single Non-mobile Listening Device (personal computer) (hereafter referred to as "the QOBUZ BASIC offer").

In order to benefit from the QOBUZ BASIC offer, all customers of the Site must have consulted and accepted in advance, without reservations or restriction, these General Conditions of Use and Sale.

XANDRIE SA reserves the right to modify, at any time and at its discretion, these General Conditions of Use and Sale.

For any information of a technical nature, the customer can refer to the "Help, FAQ" section available on the Site.

DEFINITIONS


Under these GCUS, the following definitions will apply:

"Qobuz Applications" must be understood as any software made available to the Customer by XANDRIE SA allowing access to the Service and needing to be installed on Listening Devices.

"Customer" must be understood as any person registered for the Service under the conditions stipulated in article 3 of these GCUS.

"Nominative Information" must be understood as any information relating to the Customer.

"Non-mobile Listening Device" must be understood as any electronic device that makes it possible to connect to the Internet through wired and/or wireless technology from which the Service is available via the Site, via the XANDRIE SA Player or via the XANDRIE SA Desktop application.

"Service" must be understood as any online or offline service that makes it possible to view or listen to the audio and video available on the Site or via the Qobuz Applications.

"Site" or "Website" must be understood as the interactive electronic service which is run by the company XANDRIE SA on the Internet and which can be accessed at the address http://www.qobuz.com .

"Streaming" must be understood as listening to or viewing digital files in real time, without the option to download them, under the conditions described below.

ARTICLE 1 – PURPOSE


The Site offers the Customer online audio/video services, the precise conditions of which are detailed in these GCUS.

The "qobuz.com" service is reserved for private individuals who are adults or who are children and have parental consent, and it cannot be used for professional purposes. In this respect, these provisions are without prejudice to the legal provisions protecting the consumer, notably those stipulated in the French Consumer Code.

In the absence of evidence to the contrary, the data recorded by XANDRIE SA constitutes proof of all of the transactions made between XANDRIE SA and its Customers.

The history of transactions between XANDRIE SA and the Customer can be consulted at any time in the Customer's profile, which is available on the Site.

ARTICLE 2 – DESCRIPTION OF THE QOBUZ BASIC OFFER

The QOBUZ BASIC offer is a paying subscription offer for the Qobuz streaming service without advertising, which allows the Customer to listen to all the tracks in the Site's musical catalogue in 320kbps (MP3) quality on a single Non-mobile Listening Device (personal computer).

the Qobuz streaming service is accessible 24 hours a day and 7 days a week.

However, due to the complexity of the Internet, unplanned service interruptions may occur (problems due to the Internet service provider, external maintenance, etc.) and XANDRIE SA cannot under any circumstances be held responsible for this. Nonetheless, XANDRIE SA promises, as far as possible, to inform its Customers of any foreseeable interruption to its services by displaying a message on its Site.

XANDRIE SA reserves the right to make any modification or improvement to its services that it considers necessary and useful, and cannot be held responsible for any damages of any kind that might result from this.

In addition, XANDRIE SA reserves the right, without advance notice or compensation, to permanently stop a service or all of the services offered on the Site, and cannot be held liable for any damages of any kind that might result from this.

ARTICLE 3 – CONDITIONS OF ACCESS TO QOBUZ BASIC OFFER


To be able to benefit from the QOBUZ BASIC offer, the Customer must create an account. To do this, the Customer simply clicks on the "My Account" button, which is available on the Site's home page. The Customer then follows the instructions given by the Site.

Among other things, the Customer is asked to choose an ID (login name) and password. This information is strictly confidential, and the Customer is asked to exercise the greatest caution in keeping them. The Customer remains solely responsible for the consequences of the use of his/her account, until it is deactivated.

Any account created is personal and named and unique. The Customer can only create a single account.

In order to fulfil the legal obligations relating to billing, the Customer will be asked for several pieces of personal information (title, surname, first name, email address, post code, etc.). The Customer promises to provide accurate and sincere information, and to inform XANDRIE SA of any change in this respect. If it transpires that the Customer has provided inaccurate information with fraudulent intent, XANDRIE SA reserves the right to permanently close his/her account and to bring civil or criminal proceedings against him/her as appropriate.

Once the Customer has provided the required information, the Customer ticks a checkbox stating "I confirm that I have taken notice of and accepted the General Conditions of Use and Sale of the qobuz.com site". After confirming this field, the Customer is deemed to have read and accepted these GCUS and may therefore be held responsible for any non-fulfilment of the various obligations resulting from them.

ARTICLE 4 – CONDITIONS OF USE OF THE QOBUZ BASIC OFFER


The XANDRIE SA music streaming service will be accessible by the Customer on his/her personal computer (PC or Mac) via the Site, the XANDRIE SA Player or the XANDRIE SA Desktop application.

Use of the unlimited streaming service requires a broadband Internet connection.

The charges for connection and communication relating to the use of an online sales service are not paid by XANDRIE SA, in accordance with article 10 of these GCUS.

For the QOBUZ BASIC offer, access to the Qobuz streaming service is authorised for a single, specific Non-mobile Listening Device (personal computer).

Access to the Qobuz streaming service is strictly personal, and it and cannot be used on several Listening Devices at the same time.

In accordance with article 18 of these GCUS, all of the files offered via the Service are protected by authors' rights.

They can therefore only be used strictly in a private and free capacity, with complete respect for the conditions defined by XANDRIE SA;

In this respect, in accordance with article 12 of these GCUS and with the legislation in force, the Customer is strictly forbidden from trying to bypass, remove or impair the technical measures implemented to protect works or any device with an equivalent objective.

XANDRIE SA grants subscribers to its streaming service a limited, non-exclusive and revocable licence authorising them to listen in real time, without authorisation to download, in their country of residence, the multimedia content available on XANDRIE SA via the QOBUZ BASIC offer. This use must be in a personal and non-commercial context. Subscribers are not authorised to sell or sublicense their rights at the end of their subscription.

The tracks and albums making up the Site's music catalogue that are available to XANDRIE SA streaming subscribers for listening are subject to contracts between XANDRIE SA and the rights holders and are therefore are liable to change.

As such, XANDRIE SA cannot under any circumstances guarantee the presence of a track or album by any artists or performers in the catalogue that it offers to its Customers and cannot under any circumstances be held responsible for any deletion of tracks, albums or the catalogue of any artist or performer on its Site.

For more information about how to use the Qobuz streaming service, the Customer shall refer to the "Help, FAQ" section.

ARTICLE 5 – ABSENCE OF RIGHT OF WITHDRAWAL

 

As per the stipulations of Articles L121-21-8 13° of the French Consumer Code, the Customer acknowledges and expressly accepts, through accepting the present GCUS at the time of registration (i) the provision of the Service starts immediately after the confirmation of his registration to the QOBUZ BASIC offer and (ii) acknowledges and accepts therefore that they shall not be able to use the right of withdrawal and the delay of fourteen full days associated with online or remote sales which the Consumer Code stipulates.

 

Therefore, no request for withdrawal, cancellation or refund will be acceptable for the subscribed period.

ARTICLE 6 – DURATION



The QOBUZ BASIC subscription offer is offered by XANDRIE SA for a one-month period.

 

XANDRIE SA reserves the right to propose trial offers for its streaming subscription services other than QOBUZ BASIC offer, of varying lengths.

ARTICLE 7 – RENEWAL


The subscription to the QOBUZ BASIC offer will be automatically renewed at the end of every subscription period, unless the Customer terminates the service as per article 8 of the present GCUS.

The method of payment used at the time of the initial subscription will then be used again, unless the Customer has modified it beforehand in the "My Account" section.

ARTICLE 8 – CANCELLATION


The subscriber may discontinue his/her subscription to the QOBUZ BASIC offer that he/she subscribed to by going to the "My Account" section.

Receipt and acceptance of the cancellation will be confirmed to the Customer by email, but will only take effect at the end of the current subscription period, subject to the notification having been sent at least 48 hours before the end of this period.

If the cancellation period is not respected, the subscription will be automatically renewed.

Unless the account is permanently closed, any subscription will remain valid for the whole duration of the paid-for or offered offer (monthly or annually), even in the case of unsubscription by the Customer before the end of this period.

ARTICLE 9 – TERRITORY


Access to QOBUZ BASIC offer is reserved for Customers residing in the following territories: France, Switzerland, Belgium, Luxembourg, Germany, United Kingdom, Netherlands, Austria and Ireland (hereinafter referred to as the "Territory"), who have a bank card issued by a banking institution established in the Territory.

ARTICLE 10 – PRICES


The price of QOBUZ BASIC offer is indicated on the Site the local currency of the Customer.

The price includes the price of subscription plus any applicable VAT (in force on the date of subscription).

Our prices do not include charges for connection and communication relating to the use of an online sales service, these being payable exclusively by the Internet user.

XANDRIE SA reserves the right to modify the prices or these General Conditions of Use and Sale at any time, the products and services being billed in accordance with the tariffs in force at the time the Customer's order is recorded.

XANDRIE SA reserves the right to propose to any user, and to subscribers of the Service, excepting subscribers who have subscribed to one of the streaming offers on the Site for a period of one year, and likewise to subscribers to the QOBUZ BASIC offer, free trial offers at intervals for its music streaming services.

ARTICLE 11 – CUSTOMER'S OBLIGATIONS SPECIFIC TO THE Qobuz Applications


The Qobuz Applications and any copies thereof remain the exclusive property of XANDRIE SA, which grants the Customer a limited, non-exclusive and revocable licence for personal and non-commercial use. XANDRIE SA retains ownership of all copies of the Qobuz Applications, even once installed on your Listening Devices.

The Qobuz Applications are protected by the French laws relating to the French Intellectual Property Code.

As such, any impairment, representation, reproduction, modification, deletion, commercial use, whether total or partial, of the various elements of the Qobuz Applications is prohibited and leaves its author(s) open to proceedings.

These GCUS do not under any circumstances grant authorisation to represent, reproduce, modify or use commercially the various elements of the Qobuz Applications. Thus, any total or partial reproduction of Qobuz Applications and/or elements thereof for any purposes other than their use in accordance with their intended purpose is strictly prohibited; any resale, exchange or renting of files or their transfer to third parties is strictly prohibited.

The Customer benefits from the right to personal and non-commercial use of the Qobuz Applications. Any use of the Qobuz Applications by the Customer that falls outside the framework of these conditions is prohibited and exposes the Customer to civil and criminal prosecution.

The Customer must not:

(a) modify or create works derived from the Qobuz Applications or their documentation, including translation or localisation;

(b) copy the Qobuz Applications except under the terms of these GCUS;

(c) separate the components of the Qobuz Applications that are licensed as indivisible products;

(d) grant sublicences or permit the simultaneous use of the Qobuz Applications by more than one user;

(e) carry out reverse engineering, decompilation or disassembly, or try in any other way to extract the source code of the Qobuz Applications for any product (except to the extent that the legislation in force prohibits such a restriction);

(f) redistribute, sell, rent, grant sublicences for or use the Qobuz Applications in the framework of a time-sharing solution or virtual office, or in any other way transfer the rights to any software.

ARTICLE 12 – EARLY CANCELLATION, DEACTIVATION AND DELETION OF THE XANDRIE SA ACCOUNT


In the event of clear violation of the GCUS by the Customer, XANDRIE SA reserves the right to cancel the current subscription, delete and/or temporarily deactivate the Customer's account, without advance warning or compensation, notably in the event of:

· infringement of XANDRIE SA's interests and/or intellectual property rights;

· provision of incorrect information when registering with the Site;

· bypassing or attempting to bypass the technical protection measures implemented on the Site;

· total or partial non-payment of bills sent to the Customer.

The Customer is also permitted to request the deletion of his/her account. To do so, the Customer must send a request using the online contact form and XANDRIE SA will then delete the Customer's account within a maximum of 48 hours after receipt of the aforementioned message.

The Customer's attention is drawn to the fact that the cancellation of the account will prevent them, definitively and irrevocably, from finding information associated with the account and its associated purchases (playlists, albums, tracks, connection information etc.).

ARTICLE 13 – PAYMENT METHODS


Payment is made by bank card or any other method accepted by the payment service providers.

The Customer pays for his/her orders by communicating his/her bank details to XANDRIE SA via its certified partners, it being understood that the transaction is secure thanks to the service providers' secure online payment systems, which ensure that the transaction is made in accordance with banking security standards.

The amount will be debited at the time the order is made or up to 24 hours afterwards.

The payment method used to subscribe to one of the QOBUZ BASIC offer will be reused when automatically renewing the subscription as described in article 7, unless the user changes this payment method in the "My Account" section. This change of payment method may be carried out at any time.

XANDRIE SA reserves the right to cancel or refuse any order from a Customer with whom there is a dispute (unpaid bill, etc.).

ARTICLE 14 – CUSTOMER'S OBLIGATIONS


The Customer declares on his/her honour that he/she is of legal adult age and has full legal capacity to place an order on the Site.

The Customer declares that he/she accepts these GCUS.

In accordance with article 4 of these GCUS, the Customer expressly promises to respect the conditions of use of the Qobuz streaming service, not to violate or try to violate the file protection measures and to respect the legislation in force relating to intellectual property rights.

The Customer expressly promises not to use the Site or its Services for illegal purposes.

The Customer expressly promises not to make commercial or illegal use of the information, services and content provided on the Site, under penalty of being held criminally or civilly responsible.

The Customer declares that he/she is solely responsible for the use he/she makes of the Service. XANDRIE SA may not under any circumstances be held responsible in the context of proceedings opened against one of its Customers who has engaged in incorrect use of its Services.

The Customer promises to take personal responsibility in the event of any claim or proceedings launched against XANDRIE SA connected with incorrect use of the Service.

In any event, XANDRIE SA will only be held responsible to the extent of its obligation to provide a compliant service. In this respect, this responsibility will be limited to the price of the order made by the Customer.

XANDRIE SA draws the Customer's attention to comments that it might publish on the Site.

The Site has interactive features that enable you notably to publish comments and to make some of your information accessible to the public, on the Internet or on social networks. XANDRIE SA cannot under any circumstances be held responsible for the Customer's decisions to make some of his/her information publicly accessible.

The Customer is also informed that the spaces reserved for comments on the Site are moderated and that remarks prohibited by law and/or by these GCUS, as well as any that violate third-party rights, may be deleted permanently, without advance notice or compensation of any kind. To this effect, it is prohibited to publish, notably but not exhaustively, comments likely to:

a) constitute a violation of third-party intellectual property rights; in this respect, the member promises not to reproduce or communicate to the public on the Site any information which is protected under authors' rights, subject to a trademark or more generally protected by any other intellectual property right held by third parties without the prior consent of the holder(s) of such property rights;

b) contain computer viruses that interrupt, destroy or distort any of the Site's functionalities;

c) advocate crimes or contain messages which are illegal, threatening, or which by nature are paedophilic, pornographic, defamatory, obscene, hateful, racist, xenophobic, revisionist or which are contrary to public order or the accepted principles of morality;

d) infringe the private life or the respect for dignity of third parties;

e) incite violence, fanaticism, crime, suicide, or hatred on the basis of religion, race, gender, sexual orientation, ethnicity or disability;

f) harass other members;

g) promote or encourage any criminal activity or enterprise;

h) request and/or communicate passwords and/or personal information for commercial or illegal purposes;

i) send advertising messages or undesired correspondence;

j) include advertisements and/or requests in order to offer products and/or services for commercialisation by means of the Site;

k) include addresses or hypertext links leading to external sites, the content of which conflicts with laws and regulations in force, violates third-party rights or conflicts with these conditions.

ARTICLE 15 – SITE'S RESPONSIBILITY


In accordance with article 2, XANDRIE SA cannot under any circumstances be held responsible for any technical problems inherent in the functioning of the Internet network. A non-exhaustive list of such problems includes problems relating to speed when accessing the Site, download speeds, suspension or inaccessibility of the Services, or fraudulent use by third parties of any information contained on the Site.

These GCUS clearly explain the procedures for technical use of the streaming services offered by XANDRIE SA.

In the event of technical incompatibility of the said services with the Customer's hardware, XANDRIE SA cannot under any circumstances be held responsible, and no reimbursement can be made. Furthermore, the protection of the Customer's computer hardware, notably against viruses, cannot under any circumstances be deemed the responsibility of XANDRIE SA.

The Site may contain hypertext links leading to third-party websites. XANDRIE SA cannot under any circumstances be held responsible in the event that the said third-party sites include any unlawful elements.

Finally, XANDRIE SA cannot be held responsible in the event of non-respect of the legislation of a foreign country in which the downloading is performed.

ARTICLE 16 – PERSONAL DATA


The protection of personal data is important to XANDRIE SA: all information and data concerning the Customer, which is necessary for the management of his/her orders and commercial relationship with XANDRIE SA, collected during the creation of the account, is intended for the sole use of XANDRIE SA.

Depending on the choices that he/she makes when creating the account, the Customer may receive offers from XANDRIE SA by email or post. However, the Customer has the option, if he/she wishes, not to receive offers by email, by making a request to this effect to the Customer Service department.

XANDRIE SA promises to respect the legislation of the territories listed in article 9 in relation to personal data, and, if applicable, to make any necessary statement to the local protection bodies.

In accordance with the French Law on Information Technology and Freedom no. 78-17 of 6 January 1978, this website has been declared to the CNIL (French Data Protection Authority) under number 1263952.

As such, the Customer has a right of access, information, modification and removal in relation to personal data concerning him/her, which can be exercised by sending a simple letter by email or post to XANDRIE SA. Any request must include the Customer's surname, first name and address, and must be addressed to XANDRIE SA@qobuz.com or XANDRIE SA Service juridique, , 45 rue de Delizy, 93692 Pantin CEDEX, France.

The Customer also notes that XANDRIE SA, in the interests of supporting the commercial relationship with the Customer, may choose to use "cookies" in accordance with article 15 of these GCUS. However, the Customer always has the option to deactivate the "cookies" through the options in his/her Internet browser. To do so, he/she simply needs to consult the help section of the browser concerned.

ARTICLE 17 – COOKIES


XANDRIE SA automatically collects information relating to its Customers via cookies that allow it to track their browsing through the Site.

The cookie files stored by the Customer's browser on his/her hard drive serve the purpose (among others) of recording information about the Customer or about his/her movement within the Site. In this way, the Site can recognise a visitor's habits and customise the presentation of the Site for each visitor; the "cookies" then make it possible to memorise how many articles to display on the home page or to retain a user's login details – when the visitor returns to the site, they no longer have to type in their name and password to be recognised, as these are automatically sent by the "cookie".

The "LEGAL INFORMATION" section on the Site indicates how to stop the saving of cookies.

ARTICLE 18 – INTELLECTUAL PROPERTY


The Site and all of its editorial, graphic, photographic, audio and video content are protected under the provisions of the French Intellectual Property Code. The Site and its associated databases have also been registered with the French Agency for the Protection of Programs (APP).

More generally, authors' rights and related rights are reserved and XANDRIE SA is the exclusive holder or concessionaire of all of the elements of intellectual property that make up the Site, such as logos, brands, pictures and templates, audio and video files, text, images, technologies and know-how.

As such, any impairment, or, in the absence of authorisation, any representation, reproduction, modification or commercial use, whether total or partial, of the various elements of the Site is prohibited and leaves its author(s) open to proceedings. These GCUS do not under any circumstances grant authorisation to represent, reproduce, modify or use commercially the various elements of the Site. Thus, any total or partial reproduction of the Site and/or elements thereof for any purposes other than its/their use in accordance with its/their intended purpose is strictly prohibited; any resale, exchange or renting of files or their transfer to third parties is strictly prohibited.

Similarly, the various possibilities offered to the Customer for burning or transferring as part of the products are not under any circumstances accompanied by relinquishment by the rights holders of their rights to their files which have been included in XANDRIE SA's services.

Furthermore, XANDRIE SA remains the sole holder of the right to broadcast the said files, which are protected by authors' rights throughout the world.

Through these conditions, the Customer promises not to violate (modify, remove, etc.) any of the technical measures for the protection of rights, not to block, modify or remove any information relating to the system of rights on the products and not to encourage or help third parties to perform such acts. Similarly, he/she promises not to try to bypass or modify the software necessary for the use of the services.

The Customer benefits from a right to make personal use of the service, limited by the conditions described in article 4, in a strictly personal and non-commercial capacity. Any use of the service by the Customer that falls outside the framework of these GCUS is prohibited and exposes the Customer to civil and criminal prosecution.

ARTICLE 19 – CUSTOMER SERVICE


Our Customer Service department is available to you for any information:

· With the online contact form

· By post: XANDRIE SA, 45 rue de Delizy, 93692 Pantin CEDEX, France

ARTICLE 20 – APPLICABLE LAW


Unless otherwise specified by the legislation of one of the territories listed in article 6 of these conditions, these GCUS will be subject to French law.

In the event of a dispute, the parties agree to seek arbitration before engaging in any court action.

If no amicable agreement can be reached between XANDRIE SA and the Customer, the French courts will be the solely competent authorities unless otherwise specified in the legislation of the Customer's country of residence.