Terms of Service
1. General
The KaraFun Website, the address of which is http://www.karafun.com (hereinafter the "Website") is a publication created, developed and operated by KaraFun (hereinafter "RECISIO"), Recisio S.A.S. au capital de 12 000 € - R.C.S.: Lille 515 253 128 with a registered office located at 74 rue des Arts - 59000 Lille - France.
The KaraFun Website offers its visitors or members the discovery and temporary access to a database of musical arrangements and videos incorporating song lyrics, as well as downloading of software.The KaraFun Website is an on-demand subscription service fee from advertising (hereinafter the ''Service Fee'').
These general conditions of use and sale are intended to define the contractual and commercial relationship between KaraFun on the one hand, and any subscriber to the Service Fee (hereinafter "Subscriber"), on the other.
The subscription and access to the Service Fee shall be strictly subject without limitation to prior qualification to these terms and conditions of use and sale. These general conditions shall be without prejudice to the legal provisions in this area including those contained in the Consumer Code.
2. Description of the Service Fee
The Service Fee is a service provided and operated by Recisio allowing a subscriber by subscribing to the present terms, from his personal computer and / or from his iPhone to listen to and view music as a Karaoke Video free from ads.
From the website, and once he has subscribed, the Subscriber has access to all features of the Service Fee.
Once the subscription expires or terminates, unlimited access to the service is no longer allowed.
The music in the form of karaoke can be listened to and read throughout the duration of the subscription, but cannot be downloaded, transferred or copied on any medium whatsoever (excluding professional offers).
The KaraFun Pro Downloader, software for downloading video content is a service exclusively for active KaraFun Business subscribers - as defined below.
KaraFun subscription plans cover the rights to sound recording (what you hear) in combination with the synchronized lyrics, as well as the copyrights of the reproduced works.
However, for KaraFun Pro and KaraFun Business offers, you will also have to pay public performance fees. Contact your local performance rights organization for more information.
For KaraFun Pro and KaraFun Business offers, if you choose to use the ''extended'' catalog, copyright management for this catalog section is done directly with the rights holders and we can not guarantee this in your name.
Unless expressly authorized, KaraFun offers may not be resold or included in any other commercial form, and the end user of the Service may not be different from the user who paid for the Service.
“Community Studio” Feature: Users with a KaraFun subscription can use the “Community Studio” feature to share their songs with the KaraFun community. By using this feature, users allow Recisio to convert the uploaded songs into karaoke videos.
The user declares that they have or have obtained all necessary permissions from the various rights holders concerning the conversion of musical works into karaoke videos. This includes, but is not limited to, copyright permissions for the synchronization of music and lyrics. Additionally, the user agrees not to use this feature to produce illegal content or content that infringes the rights of third parties.
Reporting: For any music uploaded from the “Community Studio” feature that violates third-party rights or Site rules, Recisio offers the ability to quickly and easily report the content by clicking on the “Report Illegal Content” button.
Anyone using the “Report Illegal Content” section must specify the reason for the report and provide proof of the rights they hold. Recisio will review reports and reserves the right to remove any music that does not comply with the contract rules or any current legal or regulatory provisions.
The user acknowledges that the responsibility for compliance with copyright and other intellectual property rights rests entirely with them.
By using the “Community Studio” feature, the user agrees to these terms and commits to complying with all applicable laws.
3. KaraFun Professional
KaraFun Professional is a subscription package for companies or individuals (DJs, restaurants, shops, theaters, etc.) with occasional karaoke activity.
The monthly Pro subscription allow the use of a single device for reading Karaoke content.
4. KaraFun Business
KaraFun Business is an offer distributed exclusively by Recisio and not within the scope of KaraFun Professional. KaraFun Business is reserved for establishments (Karaoke Bars or Karaoke Box(es) with rooms that can be privatized for free or for rent) with Karaoke as their main activity. KaraFun Business handles single karaoke establishments or karaoke chains operating several establishments under one banner.
The subscription and use of the KaraFun Business service is subject to general conditions of use. For more information, please contact Recisio at business@karafun.com
5. Terms of Service Fee
Access to the Service Fee from a personal computer is possible via the Website only.
Use of the Service Fee requires a broadband connection to Internet. It is specified that these Connections are not supported by Recisio, it is therefore up to the Subscriber to priorly subscribe to a broadband Internet offer to use the service Fee. The catalog of sound recordings available within the Service Fee is dependent on existing contracts with copyright holders and is therefore likely to change.
In no case can Recisio guarantee the presence of any specific title or album in the catalog available from the Service Fee.
Likewise, Recisio cannot guarantee that any title or certain album in the catalog available of Service Fee will be indefinite.
Recisio will in no way be responsible for the removal or disabling of elements of the proposed contents of the catalog.
As a subscriber, you can activate the Service Fee on a personal computer (PC or Mac) registered from the Service.The service Fee is only accessible from a single connection at a time. It is specified that Recisio is implementing technical means to check for multiple simultaneous connections to a single account of the Service Fee and to detect attempts to multiple connections.
6. Access and amendment of the Service Fee
The service Fee is available twenty-four hours, seven days a week, within the limits of the conditions above and the provisions of Article 11 below.
However, Recisio reserves the right to make changes and improvements of its choice to the Service Fee related to technical developments.
Recisio reserves the right to change the price of any of its subscription packages. Recisio shall inform each subscriber via email to the address indicated by the Subscriber upon registering for the Service (or to the email changed by the aforementioned upon the request of the Subscriber) of any rate increase at least 15 (fifteen) days prior to taking effect. In the case where the Subscriber does not accept this price increase, he/she may terminate service from his/her account via the Site and the termination will take effect at the next monthly subscription term. Should the Subscriber fail to terminate the subscription, the new pricing will therefore take effect starting at the next subscription renewal date following the effective date of the new rates.
Any increase in the VAT (Value Added Tax) will automatically and immediately be reflected in the price of the Service. The same shall apply in the case where any new tax would be based on the price of Service and in which Recisio becomes indebted. The termination conditions provided in case of change in the price of any subscription packages, and as outlined above, will apply under the same conditions in case of any price change resulting from an increase or from the establishment of new taxes.
Moreover, Recisio reserves the right, without notice or compensation, to suspend temporary access to the Service Fee for which may be necessary to ensure maintenance operations related to technological change, or necessary to the continuity of the Service Fee.
The Subscriber relieves Recisio from all liability in this respect and waives all claims and / or proceeding against it as such.
Temporary interruptions of the service will wherever possible, be reported via the website at least 24 (twenty-four) hours before they intervene except where such interruptions have a matter of urgency. Recisio reserves the right, without compensation, to shut down the Service Fee. Any closure of the Service shall be notified via the website at least 1 (one) month before it come into effect.
The Subscriber will not be liable for any payment after the termination date of the Service.
7. Right of Withdrawal
In accordance with the provisions of Article L.121-20-2 1 of the Consumer Code the Subscriber expressly acknowledges and agrees that (i) provision of the Service Fee starts at validation of his registration to the Service Fee or before the deadline of seven days defined under the Consumer Code and (ii) recognizes and accepts as a result of not receiving the right of withdrawal related to the online or remote sale of services.
Accordingly, no request withdrawal, cancellation or refund will be admissible to the subscribed period.
8. Duration
Recisio offers the Subscriber a choice of a one-month subscription. It is also possible that trial or discovery offers of the Paid Service with variable durations may be offered on the Site, temporarily or not. Unless otherwise indicated, these trial or discovery offers will be subject to these general terms of use and sale and will be limited to a single registration (same IP address (Internet Protocol) and/or same email address) regardless of the trial or discovery offer.
9. Renewal
Unless terminated by the Subscriber under the terms of Article 5, the monthly Service Fee is automatically renewed for a period identical to that originally purchased..In case of automatic renewal, the rate then in effect for the subscription will be fully applicable to the Subscriber.
Unless otherwise indicated on the Site and unless terminated by the Subscriber under the terms of Article 5, any free trial or discovery of the Service Fee is transformed into a monthly subscription as stated in the specific offer or, alternatively, the tariff for monthly subscriptions of the Service Fee.
10. Termination
To unsubscribe, the Subscriber must request this from their account on the website by clicking on the "cancel my subscription" page. Termination will become effective at the end of the current subscription period provided that notification has been sent at least 48 (forty-eight) hours before its term and until the date and time as specified to the Subscriber, for a free trial or discovery unless specified otherwise on the website.
In case of non-compliance with the terms above, the subscription is completely renewed.
Termination does not allow a refund of the subscription to the Service Fee.
The aggregate amount paid for the subscription will remain vested in Recisio.
11. Conditions for access to the Service Fee
The Subscriber declares his or her ability to accept the terms of use and sale, that he or she are of legal age and not subject to a decision of legal protection of Majors (put under protection of the court, under tutorship or curatorship) or, if the Subscriber is minor, the holder of parental consent allowing he or she to subscribe.
The Subscriber declares to have a credit card issued by a bank.
12. Subscription to the Service Fee – Opening of account
To subscribe to the Service Fee, a person must:
- Create an account on the website or, if the user is already registered, log in to the website.
- Inform the different fields of the subscription form on the website.
- Confirm acceptance of the terms of sale and use of Service Fee.
- Adjust the price of his subscription using one of the means of payment offered.
- Confirm registration by accepting subscription to the Service Fee.
Once registration is validated, Recisio provides the subscriber (at the address provided by the latter when registering on the site) with a confirmation email.
Subject to other provisions of these general conditions of sale and use of the Service Fee, the subscription to the Service Fee is effective only when Recisio sends and email confirmation referred to in above paragraph. Recisio recommends the Subscriber to to keep this email and / or print it.
The Subscriber can change the sent password, to his account on the website by clicking on the "Change my personal details." menu.
The Subscriber agrees to provide true and sincere information related to his identity. The Subscriber undertakes to inform Recisio immediately of any change of information when subscribing to a subscription and particularly any change of mailing address or electronic means of payment. The Subscriber may change this information from his account on the Site by clicking on the "Change my personal details." menu.
The Subscriber shall immediately notify Recisio for any loss or unauthorized use of his account, his username and password.
Passwords and IDs are personal and the Subscriber agrees not to disclose them. As such, the Subscriber is solely responsible for their use.
The Subscriber is solely responsible for the use of his account, until it is desactivated and consequently, the Subscriber relieves the Recisio and its partners, contractors or rights holders of any responsibility in this regard, unless the Subscriber can demonstrate that the use of its usernames and / or their account results from a fraud by a third party.
13. Price
The price of the subscription to the Paying Service is indicated on the Site in euros and all taxes included.
Recisio reserves the right to change the price of each subscription form in accordance with the terms and conditions set out in article 5 above.
It is reminded that the connection and communication costs (Internet) related to the use of the Paying Service are not supported by Recisio and remain the responsibility of the Subscriber.
14. Payment of price
Different modes of payment of the subscription price are offered on the Site (by Visa or MasterCard credit cards).
It is to be noted that when the Subscriber shares to bank details with Recisio, these details are not kept by Recisio.
The price of the subscription is payable monthly regardless of the length of the subscription chosen by the Subscriber. The payment will be made, in due course (payment in advance), during the creation of his account and then each month, by direct debit until termination of his subscription, that the termination is at his initiative or that of Recisio.
To maximize transaction security, Recisio have chosen payment systems from PayPal and Stripe companies. The guarantees given by Recisio for transaction security are identical to those obtained by Recisio from the publishers of the aforementioned payment systems, respectively.
In the absence of contrary elements brought by the Subscriber, the computerized registers, preserved in the computer systems of Recisio and its partners under reasonable conditions of safety, will be considered as proof of communications, the orders, validations and payments between the Subscriber and Recisio. This information will be valid unless otherwise provided by the Subscriber. The archiving of these elements is carried out on a reliable and durable medium so as to correspond to a faithful and durable copy in accordance with Article 1348 of the Civil Code.
15. Liability
The Subscriber declares to be informed of the constraints and limitations of Internet networks. Consequently, Recisio will not be held responsible for failures in accessing the Service Fee, speeds of opening and consultation of service pages, speed of listening of sound recordings, temporary or permanent inaccessibility to the Service Fee, the fraudulent use by others of information available on the website. Accordingly, it is the Subscriber's responsibility to protect their computer equipment or other especially against any form of intrusion and / or contamination by viruses, and Recisio will in no case be held responsible for such failure. Recisio can not be held responsible for any malfunction or damage to the equipment of the Subscriber. More generally, Recisio disclaims any liability if a breach of any obligation was actually a case of force majeure or fortuitous, including but not limited to, disasters, fires, strikes internal or external failures or breakdowns internal or external, and generally all irresistible and unpredictable event that does not allow fulfillment of controls. In no case Recisio can be held liable in the event that the proposed service be incompatible with certain equipment and / or hardware features of the Subscriber. Finally, the Subscriber is solely responsible for their use of the Service Fee and can not stand Recisio responsible for any claims and / or proceeding against them as such.The Subscriber undertakes to do their personal business of any complaint, claim or objection and more generally of any proceedings brought against Recisio from a third party which is linked to their use of the Service Fee.
16. Personal Data
Recisio undertakes to respect the legislation on the protection of privacy with regard to automatic processing of personal data.
Information and data regarding each Subscriber are subject to computer processing and are binding as necessary to manage their subscription. They may for this purpose be forwarded to the companies responsible for the management, execution and processing of payment transactions This information and data is also stored for security, to respect the legal and regulatory obligations to which Recisio is subject. This data is processed and stored at the host site identified in the legal notices contained on the Site under conditions designed to ensure their safety.
With the Subscriber's consent, collected data may also be used as part of our trade relations to compile statistics and also allow Recisio to improve and customize the services it offers and the information it receives.
According to the law "Informatique et Libertés" n ° 78-17 of January 6, 1978 the Subscriber has a right to access and correct information. If he or she wishes to exercise this right and obtain information, then the Subscriber is invited to contact Recisio through the website by clicking on the "Contact Us") or write to Recisio.
If your consent has been given (e.g. in connection with the creation of your account during registration for the Service Fee), you will likely receive the Recisio newsletter (Newsletter) to your email address as recorded and, if necessary, modified by yourself. If you no longer wish to receive this newsletter, you may unsubscribe at any time by clicking the link at the bottom of each newsletter or by changing your data from your account on the website by clicking on the "My Information" (to access this section, click here).
If the Subscriber has consented (e.g. in connection with the creation of their account to register to the Service Fee), the Subscriber will likely receive offers from Recisio partners to their recorded email address or, where necessary, modified by he or she, and their details may be transferred to business partners.
The Subscriber is informed that data concerning he or she may be disclosed under any law, regulation or pursuant to a decision of a competent judicial or regulatory authority or, if necessary for Recisio in the context of judicial proceedings.
17. "Cookies"
Recisio wants to place a cookie on your computer. A cookie does not identify you personally. On the other hand, it records information relating to the navigation of your computer on the Site (the pages that you have consulted, the date and time of the consultation, etc.) that Recisio will be able to read during your subsequent visits. This will allow Recisio to facilitate your navigation on the site and will avoid having to provide, at each new visit, information already communicated at an earlier date.
Recisio informs you that the setting of your browser allows you to inform of the presence of "cookies" and you can oppose the registration of "cookies". This procedure is specified on the "Privacy Policy" section of the Site.
Recisio undertakes not to store Users' Data beyond the period strictly necessary for the purposes pursued and in accordance with applicable regulations.
Recisio undertakes to archive, anonymize and delete the Data as soon as the purpose or the retention period expires. The maximum retention periods apply unless a request to cancel or terminate the processing takes place before the expiry of these periods (in accordance with the rights described in Article 12.10 below). However, at the end of these periods, the Data may be archived in order to meet our legal, accounting and tax obligations.
18. Intellectual Property
The general structure of the website, the Service Fee and all component elements (such as including logos, domain names, phonographic or videographic and related items including photographs, images, texts and, or any other person entitled to the sound recordings or videographic and the visual packaging of these records) are the exclusive property of Recisio and, or its licensors (including music producers, labels, collective management of copyright such as SACEM,etc..). These elements are protected by laws and other intellectual property, including copyright. You can use these elements in the context of the use of the Service Fee, in accordance with these terms of use and sale. Any total or partial reproduction of the website, the Service Fee and, or elements (as described above) by any means whatsoever without the express permission of Recisio is therefore prohibited and constitutes an infringement punishable by articles L.335-2 of the Code of Intellectual Property. Any hypertext link to the website and using the technique of "framing" (Technical programming with the ability to split a browser window into multiple autonomous frames in order to display the content of external sites) or "in-line linking" process (to appear on a web page to extract just one element to another site, which saves storage space on the hard disk of the machine that hosts the site, which has the effect to conceal from an unsuspecting user's original environment to which this element belongs) is strictly prohibited. Phonograph records of the Service Fee are protected digital files with national and international copyright and neighboring rights Copyright. For this reason and in accordance with the Code of Intellectual Property, only the usage implied by the subscription plan chosen by the Subscriber is allowed. Any use for any purpose other than private exposes the Subscriber to civil lawsuits and, or criminal prosecution. Any other use of these digital files is strictly prohibited and in particular any attempt to download or transfer or attempts to transfer permanently or temporarily on the hard disk of a computer or other device (including iPods and other portable digital audio players), engraving or attempting to burn on CD or other media is specifically prohibited (excluding professional plans). Any sale, exchange or lease of these digital files is also strictly prohibited. The Subscriber acknowledges that the sound recordings made available for listening in the form of digital files in the Service Fee is protected by technological protection measures implemented by Recisio to prevent or limit within existing technical constraints in the material and technology available, uses of these recordings not covered by these Terms of Use and sale. The Subscriber agrees not to use any technical measure which would allow circumvention of technological protection measures in order to proceed to the download of these files and enable digital preservation in the storage unit's receiving terminal whatever (PC, mobile phone, digital music and other digital audio players laptops, etc.). The Subscriber represents that to knowingly bring harm to a technical measure of protection, under the provisions of Article L. 335-4-1 of the Code of Property Intellectual exposes he or she to pay a fine of 3,750 Euros and that the procuring or offering, knowingly hire, directly or indirectly, means designed or specially adapted to impair a technological measure of protection for its part is being punished of six months imprisonment and a 30,000 Euro fine.
19. Fraud
Any fraud or attempted fraud, demonstrated by commencement of execution, and committed in particular to use of the content offered here within, will be prosecuted under the provisions of Articles 313-1 and following the Penal Code.
Any infringement of the automated data processing system or of the KaraFun software will be prosecuted in accordance with Articles 323-1 to 323-7 of the Penal Code. Any forgery and use will be prosecuted under the provisions of Articles 441-1 to 441-12 of the Penal Code.
Any operation, whose purpose or effect is to infringe upon confidentiality of client data-exchanges and with privacy-related data of users will be prosecuted according to civil and criminal provisions.
In case of non-compliance or suspected non-compliance with the subscription terms of KaraFun or for any violations, attempted or suspected infringement from a user likely to pursue criminal proceedings, the company Recisio may temporarily or permanently suspend access to the user's account.
In the case of proven manipulation of the KaraFun software or other actions that may seriously undermine its operations, the company may, at its sole discretion and without notice, immediately disable the account of the person concerned. It is expressly stated that the application by the company of any of the measures mentioned above will not open right to any compensation that may arise for the benefit of the person concerned.
20. Suspension and / or early termination at the initiative of Recisio or the Subscriber
Without prejudice to any damages that Recisio may seek, Recisio reserves the right to suspend access by a subscriber to the Service Fee and / or termination, without notice or compensation, of the subscription to the Service Fee if failure by the Customer of these terms of use and sale, and including:
- no respect for intellectual property rights of Recisio and / or its licensors,
- circumvention or attempted circumvention of technological protection measures implemented by Recisio,
- Multiple simultaneous connections from a single account to the Service Fee or attempts to multiple simultaneous connections,
- provision of false information when registering to the Service Fee;
- non full or partial payment by the Customer of the price of its subscription to the ServiceFee;
- any actions contrary to business interests of Recisio.
21. Amendments to Terms of Use and Sale
Recisio reserves the right to modify at its own discretion the present Terms and Conditions of use and sale. Recisio shall inform each Subscriber by email at the address provided on his account of any changes to these terms and conditions use and sale at least 15 (fifteen) days before they take effect. In the event the Subscriber does not accept these amendments, he will be free to unsubscribe from his account to the webSite as described in section 5 above. Such termination shall takes effect the next due monthly subscription. In the absence of termination, the new Terms use and sale will therefore apply from the next subscription following the effective date of the new terms of use and sale.
22. Customer Service
For any information or questions about the Service Fee, please contact Recisio through the website by clicking on the "Contact Us" section or send us a letter to the following address: 74 rue des Arts - 59000 Lille - France
23. Nullity of a clause
In the event that any provision of the Terms of Use and Sale be declared invalid or unenforceable for any reason whatsoever, other provisions shall continue to apply.
24. Applicable law and dispute
The general conditions of use and sale are subject to French law. In case of dispute, the parties will seek an amicable solution before starting any legal action. If failure of these attempts, all challenges to the validity, interpretation and / or execution of general conditions of the present terms of use and sale will be made even in cases of multiple defendants or guarantee call, in front of the French courts of jurisdiction.
