Terms of use

These terms of use (hereinafter the “Terms”) apply to your use of the The Audio Marketplace (TAM)portal available on theaudiomarketplace.eu (hereinafter the “Platform”). By accessing the Platform, you agree to be bound by these Terms. We reserve the right to modify or to update these Terms at any time and at our sole discretion. Please review these Terms on a regular basis as any modification thereto becomes effective upon publication on the Platform.

 

1. Ownership of the Platform and the Content

The Audio Marketplace (TAM) is a joint project of Agence France-Presse (“AFP”), Agora Media, DAWEX, EFE, ENEX, Europod and Wake Word (hereinafter the “Project Partners”), which is co-funded by the European Commission’s Directorate-General for Communications Networks, Content and Technology (DG Connect).

As between the Project Partners and you, the Project Partners are the sole owners of the Platform, all its components and any content (text, photos, videos, audio material, still and animated graphics, multimedia content, metadata and any other content whatever its form) displayed on the Platform (hereinafter the “Content”). The Platform (including its design, URLs and any trademarks and logos appearing thereon) and the Content are protected by copyright and other intellectual property laws and treaties.

 

2. Permitted use of the Platform and the Content

You may only view the Platform and the Content and reproduce short extracts of Content, without any alteration, for strictly personal and private purposes, to the exclusion of any commercial use, and only to the extent and as permitted by European copyright law. Any such reproductions of the Content shall maintain all intellectual property notices, including all disclaimers contained therein.

Any other use of the Platform and/or the Content, in particular (by way of example and without limitation) any reproduction, communication to the public, distribution, storage, modification, translation, decompilation, extraction of the Platform and/or the Content, in whole or in part, for any purpose, without the prior written consent of the Project Partners, is strictly prohibited.

Except as permitted by European copyright law for the purposes of scientific research by research organizations and cultural heritage institutions, any access to or use (such as but not limited to reproduction, aggregation and archiving) of the Platform and/or of the Content, for any systematic or automated activities related to text and/or data scraping, mining, extraction, aggregation, analysis, exploration or harvesting, through any “robot”, “bot”, “spider”, “scraper”, or any other automated device, program, technique, tool, process or method carried out in order to create, develop, train, test,

evaluate, modify, and/or support software, algorithms and machine learning/artificial intelligence models or for any other purpose, without the prior written consent of the Project Partners, is strictly prohibited. This provision of the Terms constitutes the Project partners’ express opposition (within the meaning of article 4.3 and Recital 18 of the Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC) to text and data mining for other purposes than scientific research.

 

3. Limitations and disclaimers of liability

The Platform and the Content are provided “as is”, without warranty of any kind, whether express or implied, including fitness for a particular purpose and non-infringement of third-party rights. You are responsible for making your own verification and assessment of the Content and are solely responsible for the consequences of any decision made or transaction carried out on the basis of any Content available on the Platform. Your use of the Platform and the Content is under your sole and full responsibility.

The Project Partners are not responsible for the websites referenced on or referencing the Platform (in particular by means of a hyperlink). References made to third-party websites on the Platform shall by no means be construed as an approval or endorsement by the Project Partners of these websites or their content. Third-party websites are not under the control of the Project Partners (who are not responsible in any way for any of their content) and are governed by their own terms of use.

The access to or the availability of the Platform and/or the Content may be totally or partially interrupted or run slowly due to causes beyond the Project Partners’ control or may be totally or partially modified, suspended, interrupted or restricted by the Project Partners at any time.

The Project Partners do not guarantee that the Platform and the Content are provided without interruption, server downtime or delay or free from errors or any breach of security due to hackings, security intrusions, bugs, viruses, malwares, etc., that may affect your hardware, software or data. In no event shall the Project Partners be liable for any damages whatsoever arising out of or related to your access to or use of, or your impossibility to access or use, the Platform and/or the Content.

 

4. Miscellaneous

If one or more provisions of these Terms are held to be invalid, illegal or unenforceable under any applicable law or rule, or declared invalid, illegal or unenforceable by a court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect any other provision of these Terms, which shall remain in full force and effect. Any failure to insist upon or enforce any provision of these Terms shall not be construed as a waiver of any provision of these Terms or of any right of the Project Partners.

 

5. Governing law and Jurisdiction

These Terms and any dispute arising thereof shall be governed by and construed in accordance with French law without regard to its conflict of law provisions.

The Courts of Paris (FRANCE) shall have exclusive jurisdiction notwithstanding any actions in warranty or plurality of defendants.