These Terms and Conditions of Use (hereinafter: "TCU") govern the rights and obligations of the User and Wipmusic in connection with the use of the Application and the Services offered.
By using the Application, the User expressly agrees to the application of these TCU. Any person who does not make full and complete agreement on the application of these TCU is not authorized to use the Application.
Wipmusic reserves the right to make any changes it deems necessary to these TCU. In this case, the User will be informed of the update via the Application. Any subsequent use of the Application by the User implies unreserved acceptance of the modifications made to the present TCU.
Application: The WIPMUSIC mobile app, available on various application platforms including: the Apple App Store, the Google Play Store, and the Microsoft Windows Phone Store.
Artist: any natural or legal person registered on the Application and having created an artist profile.
Wipmusic account: the account of a User on which the amounts paid for the benefit of this User by another User arrive, these amounts becoming credits to be reused on the application, or to leave the Application in accordance with these TCU.
Content: any information broadcast by a User via the Application, regardless of the form or object, including videos, sound recordings, photos, texts, events.
Cost of Service: All service charges by Wipmusic and by the payment service (Paypal or Stripe) on a payment made between Users when using a Chargeable Service, via the Application, and more fully described at Article 5.2.
Intellectual rights: all intellectual and industrial property rights in the broadest sense of the term, including copyright, neighboring rights of performers, producer rights, portrait rights, right to Computer programs, database law, patents, trademarks, trade names and other related rights.
Establishment: place (bar, restaurant, cafe, room, ...) in which an event organizer wishes to organize an event.
Event: music concert, or any other performance involving a musical performance in public.
Musiclover: any natural or legal person registered on the Application and having created a musiclover profile.
Organizers of events: any natural or legal person, with or without profit, wishing to organize an event in a private or public place (bar, restaurant, cafe, room).
Services: all services offered by Wipmusic via the Application, and more fully described in Article 5.
User: any natural or legal person registered on the Application, whether he has created an Artist, Musiclover, Event Organizer or Establishment Profile.
Wipmusic: WIP MUSIC, a company whose registered office is located at 1348 Ottignies-Louvain-la-Neuve, Place de l'Université 16, registered at the Banque-Carrefour des Entreprises under the number 0661972144.
The User must register on the Application in order to benefit from the Services. Registration is free.
The User, in the case of a natural person, must not be subject to any age limit. However, if he uses the online payment services offered by the application, he must be 18 years old.
The User must have a valid email address.
The User undertakes to communicate to Wipmusic only valid and authentic information during the registration process.
Wipmusic reserves the right to refuse the registration of any User, without any justification.
Wipmusic reserves the right to verify the validity and authenticity of the information communicated by the User at the time of registration.
The User's registration entails the creation by Wipmusic of a personal account accessible by the User by means of a password. It is through this account, which identifies it, that the User uses the Application.
The User who wishes to be able to leave from the Application the amounts paid to him / her due to the Paid Services described in article 5.2. of this TCU, in order to be able to use them for purposes other than those proposed by the Application, must link his Wipmusic Account to his personal bank account.
The User may unsubscribe from the Application at any time free of charge and without conditions.
When the User de-enrolls from the Application, all of the Content he / she has broadcast will be removed from the Application and any sums available on his / her personal account will be automatically paid into his personal bank account.
Wipmusic can not be held liable for any dissemination by third parties of the Content after deletion.
Wipmusic fournit via l’Application une plateforme facilitant la mise en relation de ses Utilisateurs, Artistes, Musiclovers, Organisateurs d’évènements et Etablissements ainsi que le partage de Contenu à caractère musical (musique et vidéo-clip) créé par les Utilisateurs.<5>5.1. Free services5>
The following services are offered by Wipmusic without financial compensation (excluding connection costs and telecommunication charges).
The Application allows the Musiclover to :
The Application allows the Artist to :
The Application allows the Event Organizer and the Establishment to :
The following services, offered by Wipmusic, are rendered by payment of a service charge (220.127.116.11.) And a bank transaction fee (18.104.22.168.).
The Application allows the Event Organizer and the Establishment, after casting a cast for an upcoming event, to choose, from among the various Artists who have applied, the Artist he wishes for his Event. The Artist selected by the Event Organizer or the Establishment can then confirm its availability. Upon confirmation received by the Event Organizer or the Establishment, a contract for the provision of services is concluded with the Artist selected, via the Application, under the conditions included in the cast distributed by the Event Organizer or the Establishment. Confirmation by the Artist automatically involves the debit of the Event Organizer's bank account or Establishment, the amount of the remuneration mentioned in the cast, including the cost of the Service, and its transfer to Wipmusic. The Event Organizer or the Establishment then receives a code generated by Wipmusic which will allow, once the performance realized by the Artist, to activate the actual payment of the remuneration agreed to the Artist, deducting the Cost Of the Service, by delivering the activation code to the latter.
The Application allows the Artist to enter into a service contract with an Event Organizer or an Establishment via the Application and to obtain payment from his / her Wipmusic Account of the remuneration proposed by the Organizer Events or Establishment in its casting, less the Cost of the Service.
The Artist acknowledges and expressly agrees that he will not receive the remuneration that the Event Organizer or the Establishment has undertaken to pay to him, after deducting the cost of the service, only after having performed during the Event And provided that the Event Organizer or the Establishment actually activates the payment by delivering the code generated by Wipmusic. To effectively collect the remuneration due to him, less the Cost of the Service, the Artist must also activate the code that will have been given to him by the Event Organizer or the Establishment on the Application.
The Artist acknowledges and expressly agrees that the amount paid by the Event Organizer or the Establishment, less the Cost of Service, as remuneration for the Event shall be paid to the Artist on his Wipmusic Account under Form of credits available for the use of the Services and not directly to his or her personal bank account. However, the Application allows the Artist to free the amounts available on his Wipmusic account from his Wipmusic Account and to transfer them to his personal bank account linked to his User account in accordance with article 3.3 of these Terms and Conditions. To do this, the artist must provide the following information about the application: the amount he wants to leave his Wipmusic account to his bank account, his postal address, his name and first name as the owner of the bank account, and Than its bank account number.
In no event shall Wipmusic be considered a party to a contract between its Users, including between an Artist and an Event Organizer or an Establishment, through the use of the Application. The Event Organizer or the Institution and the Artist shall each act in his own name and on his own behalf, and not in the name and / or on behalf of Wipmusic, who remains a third party to their contractual relationship.
Donations Between Users
The Application allows the User to make a donation, after deducting the Cost of the selected Service, to an Artist by different means (scan QR Code, link on a page related to an Artist Event, link on the profile of The Artist) via the "give a tips" page of the Application.
The use of the Paid Services has a Cost equivalent to the sum of the service charges and the bank transaction fees.
The service charges retained by Wipmusic for the conclusion of a contract for the provision of services between an Event Organizer or an Establishment and an Artist for the organization of an Event amount to 5% of the Remuneration proposed by the Event Organizer or the Establishment and announced in the cast distributed on the Application. This amount covers the services offered by Wipmusic.
The service charge retained by Wipmusic on a donation made by a User to an Artist amounts to an amount equivalent to 10% of the amount of the donation, but may not exceed the amount of 0.50 EUR.
Payment of a User to an Artist via the Application is processed by PAYPAL or STRIPE. This intermediary retains a bank transaction fee on the amount paid to the Artist by the User.
Any User may proceed to the payment of the Paid Services he uses on the Application through the PAYPAL service or the STRIPE service.
Any payment made in connection with the use of the Paid Services is carried out via the payment service chosen by the User.
The payment service chosen by the User collects the bank data, is responsible for the security of these data and the retention of the amounts.
Each User accepts, in general, that the payments made are considered as having been made between Users directly.
The purpose of the Application is to host the User Content, to facilitate the connection between the Users and the sharing of Music Content (music and video clip), the User agrees to broadcast only Music Content Or closely related to music.
The User is solely responsible for the Content that it broadcasts via the Application. It chooses the Content that it wishes to broadcast via the Application and can, at any time and without conditions, decide to remove the Content of the Application.
In particular, it is forbidden for the User to distribute via the Application any pornographic, hateful, racist, degrading or illegal content.
Wipmusic reserves the right to remove the Content or to block its distribution without justification, in particular when Wipmusic considers that the User does not respect these TCU.
The User undertakes not to disseminate any Content on which a third party holds rights, in particular Intellectual Rights, without first obtaining the authorization of the right holder or of his rightful owner and, if necessary, Required by the right holder or the company managing its rights.
The User warrants Wipmusic against any legal action, remedy or conviction arising out of it, arising from the User's dissemination of Content by fraud of the intellectual rights of a third party. The User warrants Wipmusic of any claims or damages that may result.
When the User disseminates Content via the Application, he remains the owner of the Intellectual Rights relating to the Content.
The User grants to Wipmusic, on a non-exclusive and worldwide basis, a transferable and sublicensable license with respect to all Intellectual Rights, covering the right to use, reproduce, Distribute and distribute, in the broadest sense of these terms and in particular for commercial purposes, the Content and to make derivative works.
The rights granted by the User to Wipmusic terminate when the User removes the Content from the Application. In no event shall Wipmusic be liable for any subsequent dissemination of the Content, even through the Application.
Wipmusic undertakes to remove from the Application any Content which infringes the intellectual rights of a User or a third party, at the request of the holder of these rights. In other cases, Wipmusic remains free to decide whether to delete or not delete the Reported Content.
Wipmusic is the owner of all Intellectual Rights relating to the Application, with the exception of the Content distributed by Users (without prejudice to Article 6).
Consequently, any reproduction or dissemination, in the widest sense, by the User, of the software, structures, animations, texts, layouts, photos, videos, trademarks, logos, slogan and any other element of the Application likely to make The object of protection by an Intellectual Right, is prohibited without the prior written authorization of Wipmusic.
By accepting these TCU, the User is granted by Wipmusic a limited, non-exclusive and non-transferable license to download and install a copy of the Application on a smartphone owned or controlled by Wipmusic, and To use this copy of the Application in a personal capacity only.
It is strictly forbidden to the User to :
Wipmusic collects and processes personal data of the User.
The data is collected and processed by WIP MUSIC, a company whose registered office is located at 1348 Ottignies-Louvain-la-Neuve, Place de l'Université 16, registered at the Crossroads Bank for Enterprises under number 0661972144, represented By Charles Doumit, which can be contacted by mail or by email at firstname.lastname@example.org.
Wipmusic processes all personal data that the User decides to transmit or transmit to him via the Application. By accepting to use the Application, the User gives his / her free, voluntary, specific and informed consent to the processing of his / her personal data by Wipmusic.Upon registration, the following data shall in particular be transmitted by the User to Wipmusic :
Furthermore, when using the Application, data relating to the use of the Application by the User, necessary for the proper functioning and improvement of the Application, are collected automatically by Wipmusic . These data are stored in particular via a tracing process such as a cookie.
In order to take full advantage of the functionality of the Application and Services rendered by Wipmusic, the User may give permission to Wipmusic to collect and process the data relating to its geolocation. These data enable Wipmusic to let users know the content broadcast by other Users and events close to him.
The data is collected and processed by Wipmusic in order to ensure the proper functioning of the Application and its functionality, to enable Wipmusic to offer the Services to the User and to improve them.
The collected data also allow Wipmusic :
Wipmusic has filed a pre-processing declaration with the Privacy Commission.
In accordance with the legislation in force, the User has the right to access, rectify (in case of incorrect data) and delete data concerning him. The User also has the right to oppose, on request and free of charge, the processing of personal data concerning him / her envisaged for direct marketing purposes. These rights may be exercised by the User by contacting the data controller whose contact data are referenced above.
The personal data of the User may be transferred by Wipmusic to third parties, subcontractors, located within the European Union for the sole purpose of achieving the purposes of the processing referred to above. Wipmusic may also transfer this data to third party subcontractors located outside the European Union provided that an adequate level of protection is ensured within the meaning of European Directive 46/95 of 24 October 1995 and European Regulation 2016/679 of 27 April 2016.
In all cases of transfer, Wipmusic ensures that the subcontractors guarantee the same level of protection as itself, in particular by contractual stipulation.
The User acknowledges and accepts that Wipmusic acts as an intermediary provider (transport, storage, hosting of information) within the meaning of Book XII of the Belgian Economic Law Code. As such, Wipmusic has no general obligation to monitor any Content distributed via the Application.
Subject to any loss or damage that can not be excluded or restricted under applicable law, Wipmusic shall not be liable to User for :
The Services provided by Wipmusic are provided as is without warranty of any kind, including quality and reliability.
In particular, and without prejudice to the exclusions of liability provided for in TCU, Wipmusic does not warrant :
Without prejudice to any other obligation imposed on these TCU, the User agrees, by using the Application :
These TCU are subject to Belgian law.