General Terms of Use
1. Definitions
For the understanding and the interpretation of the present General Terms of Use, the following terms shall have the following meanings:
- The "quickstudio.com website" shall mean the website accessible at the URL https://www.quickstudio.com for musicians, and accessible at https://pro.quickstudio.com for the managers of music studios.
- The "Quick-Studio Service" shall mean a service the purpose of which is to manage the schedules of rehearsal and recording studios, accessible via the Internet and mobile telephony, free of charge or for a fee, depending on the offer chosen by the user.
- "User" shall mean a user legitimately registered to use the services accessible via the https://www.quickstudio.com website or via the https://pro.quickstudio.com address.
- "Subscription" shall mean the act of payment allowing studio managers to access to the of Quick-Studio Service via the https://pro.quickstudio.com address, over a specified period. This period can be one month, three months, six months and one year renewable tacitly for periods of the same duration.
- "Quick-Studio mobile version" shall mean the mobile version of the Quick-Studio Service accessible on mobile phones.
- "General Terms of Use" shall mean this contract.
- "Quick-Studio" shall mean the entity responsible for the services accessible via the quickstudio.com website consisting in the user's ability to consult the schedules of rehearsal and recording studios using the Quick-Studio Service, to make booking requests online, and to pay online directly through the integrated MangoPay service.
2. Description of the Service
The quickstudio.com website offers rehearsal and recording studios a schedule management service, which also allows to book online and is accessible via the Internet and mobile phones.
The registration on the Quick-Studio website is free.
However, the access to certain features of the website implies the payment in a form of Subscription by studio managers. Before subscribing to the paid services, the user is informed about the special conditions applicable to this Subscription (price, duration of the subscription, etc.).
3. Acceptance of the General Terms of Use and the Use of Cookies Policy
The user declares to have read and accepted, fully and without reserve, the entirety of these General Terms of Use in force on the day of access to the quickstudio.com website.
Quick-Studio reserves the right to modify at any time all or part of these General Terms of Use and the Use of Cookies Policy. Therefore, it is the responsibility of the user to regularly check the updates of these General Terms of Use, permanently available on the quickstudio.com website.
Any use of the quickstudio.com Service after a modification of the General Terms of Use implies full acceptance by the user of the new General Terms of Use.
4. Registration and access to Quick-Studio Service
4.1. Registration for the Service
To be a user of the quickstudio.com Service, the user must be at least 18 years old in France and, in any case, be an adult according to the legislation in force in each of the states in which the quickstudio.com Service is accessible, and must fill out all the mandatory fields in the registration form.
The user agrees that the information communicated, including personal information, is accurate, complete and up-to-date and engages to make any necessary updates in his personal space, available under the heading "My account".
4.2 Access to the Service
Once registered, the user has a username, email and password, which are strictly personal and confidential and which must not be communicated by the user to third parties.
The user is informed that in case of disclosure of these identifiers to a third party, he will be responsible for all actions or statements made through his personal user account, whether fraudulent or not.
5. Right of withdrawal
5.1. Right to withdraw
In accordance with Article L 121-21 of the Consumer Code, the user has a period of 14 (fourteen) clear days from his Subscription to the Quick-Studio Service to exercise his right of withdrawal, without penalty and without giving a reason.
To exercise this right of withdrawal, the user must notify Quick-Studio of his decision to withdraw from this contract by means of an unambiguous declaration before the expiry of the deadline.
- By email: [email protected]. If the user uses this option, Quick-Studio will communicate to him, without delay, an acknowledgment of receipt of the withdrawal on a durable medium (for example, an email).
- By post: Quick-Studio SARL, 173 bis rue de Charenton 75012 Paris.
Whatever the mode of communication used, the decision of withdrawal must imperatively include:
- the Subscription date of the first paid Subscription,
- the name(s) used on quickstudio.com,
- the email address used on quickstudio.com,
- the last name(s) and first name(s) of the user(s) of quickstudio.com,
- the complete postal address of the user(s) of quickstudio.com.
For the withdrawal period to be respected, it is sufficient that the user transmit his notice relating to the exercise of the right of withdrawal before the expiry of the withdrawal period.
5.2. Effects of the withdrawal
In the event of the user's withdrawal from the present contract, Quick-Studio shall reimburse him the amounts paid without undue delay and, in any case, not later than 14 (fourteen) days from the the date on which Quick-Studio has been informed of the user's decision to withdraw from this contract.
Quick-Studio shall make the reimbursement using the same method of payment as the original transaction unless the user expressly agrees otherwise; in any case, this reimbursement shall not entail any costs for the user.
6. Rates and Subscriptions
6.1. Prices and payment methods
Registration for the quickstudio.com Service is free of charge. The registration gives users the right to consult the schedules of the studios, to book online if the studio offers this possibility, as well as to consult the pages of the Service on the Internet and mobile phones.
Studio managers can subscribe to Quick-Studio services as described in our "How it works" menu https://www.quickstudio.com/en/how-it-works.
6.2. Modification, renewal and termination of the Subscription
Users subscribed to the access for studios option may change their Subscription plan at any time or terminate their Subscription under the conditions set out in Article 10 "Termination". In order exercise these rights, the users have to contact Quick-Studio.
- By email: [email protected].
- By post: Quick-Studio SARL, 173 bis rue de Charenton 75012 Paris.
This procedure cancels the renewal but allows the user to use the remaining Subscription days.
At the end of the Subscription, it will, if not terminated by the user, be automatically renewed for a period equivalent to that initially chosen by the user when subscribing for his Subscription.
The price of the renewed Subscription will be identical to that of the initial Subscription, unless expressly notified to the user otherwise at least 30 days before the date of the renewal.
The user may terminate the renewed Subscription at any time under the same conditions as the termination of the initial Subscription.
In application of Article L.136-1 of the Consumer Code:
"The service provider shall inform the consumer in writing, by nominative letter or by email, three months at the earliest, and one month at the latest, before expiry of the period during which renewal can be declined, of the option to refrain from renewing a contract with a tacit renewal clause that he/she has entered into. This information, provided in clear and intelligible terms, indicates in a clear text box the date of termination.
When such information has not been sent to him pursuant to the provisions of the first paragraph, the consumer is free to terminate the contract at any time on or after the renewal date. Any advances made after the last renewal date or, in the case of open-ended contracts, after the date on which the initial fixed-term contract was converted, shall be reimbursed within thirty days of the cancellation date, after deduction of the sums corresponding to performance of the contract up to that date. Failing reimbursement as stipulated above, the sums due shall bear interest at the legal rate.
The provisions of the present article shall apply without prejudice to those which make certain contracts legally subject to special rules relating to consumer information."
7. Obligations and prohibitions
By accepting these General Terms of Use, the user expressly agrees:
- not to make comments, propagate or disseminate in any form whatsoever content that contravenes the rights of others or that is defamatory, injurious, obscene, offensive, violent or inciting to violence, political, racist or xenophobic and, in general, any content that is contrary to the laws and regulations in force.
- not to make comments, propagate or disseminate in any form whatsoever content infringing in any manner the protection of minors.
- not to post or disseminate in any form whatsoever information or content incorporating links (including hyperlinks) to third-party websites that are illegal.
- not to insert or make visible his phone number, his mailing address or his email address in the sections of the quickstudio.com website, except, if he takes the responsibility.
- not to post or disseminate in any form whatsoever information or content that has the effect of slowing down, decreasing and / or preventing the normal functioning of the quickstudio.com website, in particular, software, viruses, Trojans, sending massive messages, etc.
- not to advertise any other website or service, whether competitor or not, with the purpose of drawing away registered users, or for any other reason, in particular by means of hyperlinks.
- not to communicate, disseminate, share, make available in any way whatsoever his login information (username and password) on the quickstudio.com website.
- not to infringe the intellectual property rights (patents, trademarks, domain names, corporate names, commercial names, signs, designs, copyright, secrets) belonging to others.
- not to collect or store personal information of other users.
- not to create fake profiles in order to mislead the quickstudio.com Service and / or other users. In case of doubt about the authenticity of a profile, Quick-Studio may proceed to any verification that it deems necessary and it will be the user's responsibility to demonstrate that his profile corresponds to all the information he has indicated when creating it. In which case the user shall be obliged to follow any procedure that will be indicated by Quick-Studio. In case the user refuses to undergo such verification, Quick-Studio reserves the right to delete his account without any refund, if applicable. In the event of a repeated breach of this term, the user will no longer be allowed to create a new profile on the quickstudio.com website.
The webmaster, moderator or administrator of the quickstudio.com website reserves the right to cancel the Subscription of any user who does not respect the rules set out above.
Thus, should a user infringe the rights of another user of the quickstudio.com Service in breach of the provisions of this Article (in particular, by posting a defamatory, insulting, obscene, offensive, violent or inciting violence message, etc.), the aggrieved user may report it to the webmaster, moderator or administrator of the quickstudio.com website.
In the event of a complaint by one of the users, the offending message will be transferred to the moderator of the website who may unilaterally decide to delete the account of the user in breach, without the latter being able to claim the reimbursement of his Subscription. Therefore, the parties expressly accept that, considering the insulting, defamatory, etc. nature of messages, the correspondence between the two users may be communicated by the aggrieved user to the managers of the quickstudio.com website with a view to a rapid resolution of the dispute. Also, for purposes of impartiality, it is specified that by communicating the disputed message, the aggrieved user agrees to communicates to the quickstudio.com website the entirety of the exchange relating to the same discussion.
In any event and in case of a repeated breach, the webmaster, moderator or administrator of the quickstudio.com website reserve the right to delete the account of the user who does not respect the rules set out above. In all these cases, no refund will be made, and quickstudio.com reserves the right to claim damages in compensation for damages that it or one of its partners would have suffered.
8. Privacy and personal information
Quick-Studio complies with the laws in force in France regarding the protection of privacy and personal information and has been declared to the French National Commission on Information Technology and Liberties (CNIL), under n° 874732.
Quick-Studio respects, in particular, the Law "On Information Technology and Individual Freedoms" n° 78-17 of January 6, 1978 amended by Law 2004-801 of August 6, 2004 integrating into French legislation Directive 95/46/CE of October 24, 1995 on the protection of personal information and privacy in the European Union, and the Law "On Confidence in the Digital Economy" n° 2004-575 of June 21, 2004 (Article L. 33-4-1 amended by the Posts and Telecommunications Code and new Article L. 121-20-5 of the Consumer Code) integrating into French legislation Directive 2000/31/EC of June 8, 2000 on electronic commerce and Directive 2002/58/EC of July 12, 2002 on the protection of personal information and privacy in electronic communications.
The user expresses his explicit consent to the processing of his personal information by Quick-Studio, certain information, indications or content that users may optionally disseminate on the quickstudio.com website being likely to reveal the user's ethnic origin, his nationality and / or religion. By communicating such information on the quickstudio.com website, the user assumes exclusive responsibility.
In any case, Quick-Studio cannot be held responsible for the elements that the user would disclose on his own initiative.
Accordingly, the user waives all claims against Quick-Studio regarding any infringment or damage resulting from the dissemination of information relating to his privacy on the quickstudio.com website as described above.
The user has a right of access and a right of rectification of his personal information
The user may exercise this right at any time directly on the quickstudio.com website by correcting, completing or removing the information about him.
The user can also exercise this right by email: [email protected].
Quick-Studio guarantees that the personal information provided during the user's registration that does not constitute his / her announcement and / or presentation will not be accessible to third parties, nor transmitted, sold or exchanged.
Under Law n° 2000-719 of August 1, 2000, the contacts declared by the user may be communicated at the request of judicial authorities.
9. Responsibilities
9.1. Responsibility of quickstudio.com
The quickstudio.com website provides the storage of signs, texts, images, sounds or messages of any kind provided by the users of the Service. Therefore, the quickstudio.com website must be considered as a host of contents within the meaning of the French laws and, in particular, Article 6 of Law n° 2004-575 of June 21, 2004.
As a hosting provider and in accordance with Article 6.I.7 of Law n° 2004-575, the quickstudio.com website is not subject to any general monitoring obligation.
9.2. Disclaimer
The user expressly acknowledges that the Internet-related constraints do not allow Quick-Studio to guarantee permanent availability and security of the transmission of information on the quickstudio.com website.
Quick-Studio cannot be held liable for a malfunction or impossibility to access to the quickstudio.com website due to a failure of the user's access provider, due to the Internet congestion, due to a hardware which is not suitable or due to any other circumstances unrelated to Quick-Studio.
Similarly, Quick-Studio cannot be held liable for any malfunction or impossibility to access to the quickstudio.com website due to a maintenance operation or an update of the quickstudio.com website.
Quick-Studio cannot be held liable for the accuracy or inaccuracy of the information provided by the users of the Service, or any consequences that may arise.
In case of disclosure or identity fraud to / by a third party, the user will be responsible for all actions or statements made through his personal user account, whether fraudulent or not.
Moreover, Quick-Studio cannot be held responsible for the possible consequences of the disclosure by the user of the information, texts, contents and images, concerning him. By accepting these General Terms of Use, the user expressly waives any recourse against Quick-Studio on the basis of infringement of the right to the image, to his honour, respect to his privacy resulting from the dissemination or disclosure of information concerning him in connection with the use of the Quick-Studio Service.
Also and more generally, Quick-Studio cannot be held liable by the user due to computer errors not attributable to Quick-Studio.
In the event if the responsibility of Quick-Studio is sought in relation to a breach by a user of the law or these General Terms of Use, the latter undertakes to guarantee Quick-Studio against all judgements pronounced against it.
10. Termination
The user has the right at any time to terminate his subscription to the Quick-Studio Service. The cancellation of the registration by the user can be done directly by email sent to the address [email protected] or by post by sending a letter to Quick-Studio SARL, 173 bis rue de Charenton 75012 Paris.
This request does not give rise to the reimbursement for the Subscription for the period remaining until the expiry of the Subscription.
Quick-Studio reserves the right, in case of a serious breach by the user to these General Terms of Use, to cancel the Subscription and delete the account of the user without prior notice.
The termination of the Subscription and the deletion of the user's account will be notified / confirmed to him by email.
Termination of the Subscription and deletion of the user's account will automatically destroy his personal information.
11. Content uploaded by Internet users
11.1. Authorization of dissemination of photographs and texts.
The user expressly authorizes Quick-Studio to distribute free of charge any photograph or text that the user will make available on the quickstudio.com website and, from the website to all territories, on all electronic communication media (in particular via mobile devices) and on any smartphone adaptation of the webstie. Therefore, the user expressly grants to Quick-Studio a licence to use the intellectual property rights attached to the content provided. This licence includes the right of Quick-Studio to reproduce, represent, adapt, translate, digitise the content made available by users (including text, images, sounds, videos, etc.) and on any support on which the quickstudio.com website will be available. The user is also informed that, given the intrinsic characteristics of the Internet, transmitted data, including any photograph or text posted by users, are not protected against the risk of fraudulent use and / or piracy, for which we could be held responsible. Therefore, it is up to the user to take all appropriate measures to protect this data.
11.2. Respect for the rights of others
Users are responsible for the content they post online and undertake to ensure that the published information does not violate applicable legal or regulatory provisions and, in particular, the provisions relating to copyright.
Thus, by posting a photograph, a text, a comment, etc. on the quickstudio.com website, it will be up to the user to ensure that the distribution of this content does not constitute:
- An attack against people (including defamation, insults, etc.) and against respect for private life;
- A breach of public order (including apology for crimes against humanity, incitement to racial hatred, etc.);
- Infringement of intellectual property rights of third parties;
So, by putting a photograph, a text, a comment, etc. online, the user guarantees to hold all the necessary rights and authorizations on the part of the rights holders concerned.
Therefore, no action can be brought against quickstudio.com for the non-compliance by the user of any of these provisions.
Finally, Quick-Studio reserves the right to immediately delete any content that violates the terms of these General Terms of Use and the account of the user who has published such illegal content.
12. Protection of minors
The quickstudio.com Service is subject to member access, in order to ensure maximum protection of minors, and actively participates in raising parents' awareness of the protection of their children during their visits to the Internet.
13. Intellectual property of the quickstudio.com website
All components of the quickstudio.com website are the exclusive property of Quick-Studio. Therefore, names, content (other than that posted by users), graphics, logos, trademarks, titles, features, images, and any other hardware or software, are the exclusive property of Quick-Studio and are covered by the intellectual property rights and any applicable law or regulation. The content of the quickstudio.com website may not, at any time, be downloaded, copied, altered, deleted, distributed, sold, rented or used in any way without the express written permission of Quick-Studio. In addition, users of the quickstudio.com website are not allowed to modify, improve, edit, translate, decompile or create one or more derivative works from the content of the website. Any representation, reproduction of this website, by any means whatsoever, constitutes an infringement punishable by articles L.335-2 and the following of the Intellectual Property Code.
14. Miscellaneous
14.1. Duration
These General Terms of Use apply throughout the duration of the quickstudio.com website.
14.2. Update of General Terms of Use
These General Terms of Use are updated regularly and are, therefore, subject to modifications.
Given the possible extensions and improvements to the services, Quick-Studio reserves the right to adapt or modify at any time the scope of services offered through the website.
These General Terms of Use have been updated on November 21, 2017, this edition cancels and replaces previous editions.
By continuing to use the quickstudio.com website after these amendments were made, users give their tacit acceptance of these new General Terms of Use.
14.3. Nullity
If any of the stipulations hereof prove to be null in respect to a rule of law in force or to a judicial decision that has become final, it will be then considered non-written, without entailing the nullity of the General Terms of Use and without altering the validity of the other provisions.
15. Applicable Law and Jurisdiction
These General Terms of Use are governed by and must be interpreted in the sense of French law. Any disputes relating to the interpretation or application of these General Terms of Use will be brought before the French courts, competent within the jurisdiction of the headquarters of Quick-Studio.
However, in view of the provisions of Regulation (EC) n° 593/2008 of the European Parliament and the Council of June 17, 2008, and in particular Article 6.2 thereof, users residing outside the French territory may benefit from the mandatory provisions in force in their respective states.
16. Contact us
The quickstudio.com website is the property of Quick-Studio SARL, a limited liability company, registered with the Paris Trade and Companies Register under number 450 024 435, with its registered office at 173 bis rue de Charenton 75012 Paris, represented by its Manager and Director, email: [email protected], VAT number: FR60450024435.
For any additional information, you can send an email to [email protected].
17. Hosting
The quickstudio.com website is hosted on the servers of the company Scaleway, Datacenter DC3, 59 Rue Julian Grimau, 94400 Vitry-sur-Seine, France.