Legal Notices and Terms and Conditions
Youtrace is a website that provides several services with the aim of promoting music by artists from Africa and/or the afro urban music scene.
Youtrace services are available online on computers and other connected devices compatible with Youtrace.
The YouTrace service includes the broadcasting of music videos on the “YouTrace” YouTube channel. To benefit from this service, please read the terms and conditions and privacy policy for the YouTube service and accept them. You can view the terms and conditions here:
https://www.youtube.com/static?template=terms&gl=FR
I Definitions
Application: refers to the Trace Play application that can be downloaded from the Play Store.
T&C: refers to these terms and conditions for use of the Services edited by Trace Global.
Account: refers to the Youtrace user account in which all data, including personal data, relating to the User can be found. Personal data includes the User ID (username and password), which must be recorded by Trace Global for the User to access the Services. The recording of personal data is also required for the management of your account by Trace Global, for managing the business relationship between the User and Trace Global, and for analysis and statistical purposes.
Content:
All the texts, images, and videos on the Youtrace website.
Personal Data: “any information relating to a physical person identified or identifiable (hereinafter referred to as “data subject”); an “identifiable physical person” is deemed to be a physical person who can be identified, directly or indirectly, including by referring to an identifier such as a name, identification number, localization data, online identifier, or by one or more elements specific to their physical, physiological, genetic, psychic, economic, cultural, or social identity.” (Article 4 of Ruling 2016/679 relating to the protection of physical persons related to the processing of personal data and the free circulation of such data
The terms “data subject”, “data controller”, and “sensitive data” have the meanings defined by the General Data Protective Regulation (GDPR no. 2016-679).
User ID: refers to the email address and any confidential code or password associated with the email address, chosen by the User and allowing them to identify themselves to access all the Services.
Registration: refers to the online registration procedure that the User follows on the Website in order to access the Services. Registration leads to the creation of a User Account and a User ID specific to each User.
Services: all the offers proposed by Trace Global and accessible online from the Youtrace website intended to promote artists from Africa and the afro urban music scene.
Website: refers to the Youtrace website accessible at the following URL that provides access to the Services subject to these T&C: http://youtrace.tv/
User: refers to any physical person or legal entity accessing the Services who has an account.
Youtrace or Editor: refers to the company editing the Services.
II Legal Notices
Under article 6 of Law no. 2004-575 of June 21, 2004, to support confidence in the digital economy, the identity of the various contributors to the performance and monitoring of the http://youtrace.tv/l website is provided to its users:
Editor
The “www.youtrace.tv” website is the property of TRACE GLOBAL, a Société par Actions Simplifiée (simplified joint-stock company) with a capital of 1,204,000 euros, registered with the Nanterre RCS under number 411 205 628, whose headquarters is situated at 73 rue Henri Barbusse 92110 Clichy, France. Phone: 00 33 (0) 1 77 68 05 20. VAT no.: FR93411205628
Publication Manager
Mr Jean Michel Bonard – jmbonard@trace.tv.
Webmaster
web-support@youtrace.tv
Host
Naitways, 20 Rue Rouget de Lisle, 92130 Issy-les-Moulineaux, France
Data Protection Officer
Mr Sven Balisson – dpo-trace@trace.tv
III Purpose of the T&C and Current Version
These Terms and Conditions are intended to set out the conditions under which the Users can access the Services.
Any person who wishes to benefit from the Youtrace Services offered by Trace Global undertakes to comply with these Terms and Conditions unreservedly.
The User is expressly informed that the authoritative version of the Youtrace Terms and Conditions is that which is accessible online at the following address at the moment they log in to the following website: http://youtrace.tv/
All Users are, therefore, required to refer to the version accessible online on the day they access any one of the Services.
Trace Global is free to modify the T&C and the legal notices at any time, including to take any legal, case law, editorial, and/or technical developments into account.
The T&C and any modifications are deemed accepted unreservedly by the User logging in to the Website once they have been uploaded. If the User does not wish to accept all or part of the T&C and/or the legal notices, they are asked to renounce all use of the Services.
IV Accessing the Website
The Website is open to any User via the Internet and/or mobile devices that fulfil the conditions listed above subject to a connection to the Internet network being available.
However, the creation of a customer account is required if you wish to benefit from the Youtrace Services proposed by Trace Global.
V Legal Age for using the Service
You must be aged 18 or over to create an account on Youtrace. In some countries, the age of legal majority may be different, in which case you must satisfy this requirement to become a member. Minors may use the service but only with the agreement and under the supervision of a parent or legal guardian.
VI Creating an Account
1) General terms for Website Registration and Account creation
Access to the Services is subject to the Identification of the User following the creation of an Account through the registration procedure on the Website.
By registering, the User is required to share personal data that will be collected by the Website (including surname, first name(s), date of birth, postal address, email address, etc.) and which will then be used to identify them and facilitate their access to the Services.
When registering online, the User undertakes to provide true, accurate, up-to-date, and complete information regarding their identity and age. They undertake not to create a false identity that would cause Trace Global or third parties to make a mistake and not to usurp the identity of another legal or physical person.
Once the T&C have been validated and the Account created, the User receives an email confirming their registration, sent to the email address associated with their User ID.
If the User provides false, inaccurate, out of date, incomplete, or misleading information, Trace Global may immediately suspend or cancel their User Account and refuse access, temporarily or permanently to all or part of the Services subject to registration without providing notice or compensation.
2) Special conditions for the Registration of minors to the Services
Parents and any person exercising parental control are reminded that their minor child cannot create an Account nor benefit from the Services without their agreement. Only parents are authorized to create an Account and subscribe to any Youtrace offer. Any contract must be signed by the parents or any person exercising parental authority. Furthermore, you are reminded that up to 15 years of age, minors cannot consent to the processing of their personal data alone. Processing is subject to the double consent of both the child and its parents or any person exercising parental authority over them.
3) User ID
The User Account includes its User IDs, provided by Trace Global on registration then modified by the User and placed under their sole responsibility. The User undertakes to keep them secret and not to disclose them in any way whatsoever. If any element of the User ID is lost or stolen, the User must immediately inform Trace Global, which will then proceed to the immediate cancellation and/or updating of the element concerned.
The User alone is responsible for the use made of their User ID even if they save it on their computer, cell phone, or any other type of equipment with an automatic connection to their Account.
Any access, use of the Services, and data transmission carried out from the User Account will be deemed to have been carried out by the User. The User is solely responsible for safeguarding the confidentiality of their password. For this reason, the User is required to ensure that, at the end of each session, they log out from the Services, especially when they access the Services from a public computer.
The User alone is liable for any loss, misappropriation, or unauthorized use of their User ID and the consequences thereof. In all of the cases mentioned above, the User is required to inform Trace Global, providing their surname, first name(s), zip code, town/city, date of birth, phone number and, if possible, username and former password, using the contact form so that Trace Global can remove the username and password in question.
4) Closing the Account
The User may close their account at any time without giving a reason for this as long as they have complied with their commitments to Trace Global. Just go to the “My Account” section.
Trace Global may cancel the account of a User if they breach any of the provisions herein. In the event of breach, Trace Global may, at their discretion, immediately and definitively delete the account of the User in question. The Editor also reserves the right to begin proceedings against the User concerned and to claim damages in compensation for the harm suffered due to the breach. Such cancellation may be carried out without a notice period, warning, or formal notice in advance.
VII Liability
Trace Global undertakes to do its best to ensure that the User can access the Services at any time. However, Trace Global cannot be held liable in the event that the Services are unavailable for any reason whatsoever. An interruption for technical maintenance may be scheduled by http://youtrace.tv/, for which the dates and times will be communicated to users beforehand.
The User acknowledges having read these Terms and Conditions and undertakes to comply with them.
The User acknowledges that they have the necessary skills and means to access and use the Services and that they have checked that the IT configuration used does not contain any viruses and is in perfect working order. Trace Global cannot guarantee that the information provided on its Services is accurate, exhaustive, complete, and up to date nor that it will always work perfectly or is completely secure in terms of IT.
Trace Global shall not be held liable for errors, the unavailability of information, and/or the presence of a virus on its Services. The links to other websites shall not incur the liability of Trace Global as the latter exercises no control over the content of such websites.
As a consequence, Trace Global bears no liability for the content, advertising, products, services, or any other tool available on or from such websites or external sources that it has not approved, nor can it be held liable for any harm caused by or related to these links.
The Trace Global host ensures that service is uninterrupted 24 hours a day, every day of the year. It does, however, reserve the possibility of interrupting the hosting service for the shortest time possible for the purposes of maintenance, infrastructure improvement, due to infrastructure breakdown, or if the Service generates traffic deemed abnormal.
You Trace Global trace and the host cannot be held liable in the event of the malfunctioning of the Internet network, telephone lines, or IT and telecommunication equipment including that related to network congestion that prevents access to the server.
Interactive spaces (with the possibility of asking questions in the contact space) are available to users. Trace Global reserves the right to remove any content added to this space that contravenes French law, including provisions relating to data protection, without prior notice. Where applicable, Trace Global also reserves the possibility of implicating the civil or criminal liability of the user, including in the event of a racist, insulting, defamatory, or pornographic messages, regardless of the form used (text, photograph, etc.)
VIII Data Protection
For more information on the measures implemented by Trace Global concerning data protection and cookies, please see the privacy and cookie policy.
IX Intellectual Property
The content of the Services, the general structure, and the software, texts, images (animated or otherwise), photographs, know-how, and all the other elements that make up the Services are the exclusive property of Trace Global or its partners that have granted it a license.
The same is true for the databases related to the Services, where appropriate, which are protected by the French Intellectual Property Code.
The distinctive signs of Trace Global and its partners such as domain names, brands, titles, and logos figuring on the Services are protected by the French Intellectual Property Code.
Any modification, reproduction, representation, publication, or full or partial adaption of these distinctive signs carried out from the elements of the Services without the express authorization of Trace Global is, therefore, prohibited. Any unauthorized use of the website or any of the elements it contains shall be considered counterfeiting and pursued in accordance with the provisions of articles L. 335-2 and following of the French Intellectual Property Code.
X Correspondence
The User is required to communicate any change in their situation to Trace Global. Trace Global cannot be held liable for the consequences to the User and/or third parties in the event that the User fails to notify Trace Global of any modification whatsoever.
Any complaint and/or disagreement by the User against Trace Global must be formulated in writing and sent to Trace Global within 15 (fifteen) days of the operative event under penalty of foreclosure.
Any notification made under the terms herein must be made in writing and sent to Trace Global at:
TRACE GLOBAL – 73 Rue Henri Barbusse – 92110 Clichy, France
Or by email to: serviceclients@youtrace.tv
The User should take care to keep confirmation of receipt. Such notifications will take effect on the first working day after receipt of the notification by Youtrace unless this is not technically possible.
XI Applicable Law
These T&C are governed by French law
Last modification: 24.03.2020.
In the event of translation, the French version shall prevail.
