GENERAL TERMS AND CONDITIONS OF USE
The website accessible at the address www.ibis-music.com is published by ACCOR, a public limited company with capital of EUR 870,366,459, registered with the Trade and Companies Register of Nanterre under the number 602 036 444, whose registered office is located at 82 Rue Henri Farman, 92130 ISSY-LES-MOULINEAUX, France.
Phone: +33 1 45 38 19 98
The Director of Publication for this site is Sébastien Bazin.
The person in charge of publication is Ms. Martine GORCE MOMBOISSE.
The website www.ibis-music.com is hosted by Online, a simplified joint-stock company with capital of EUR 214,410.50, registered with the Trade and Companies Register of Paris under the number 433 115 904, whose registered office is located at 8 rue de la Ville l’Evêque, 75008, Paris, France.
Phone: +33 01 73 50 31 75
These general terms and conditions of use (hereafter, the “GTCU”) apply to any natural person (hereinafter, the “User”) accessing the available site at the following URL address: website www.ibis-music.com (hereinafter, the “Site”). These GTCU shall define the rights and obligations of the User and ACCOR when using the Site.
The User acknowledges having read and accepted these GTCU.
3. ACCESS TO THE SITE AND SERVICES OFFERED BY THE SITE
The Site is accessible free of charge to any User with access to the Internet.
As such, the costs incurred by the User to access the Site (hardware, software, Internet connection, etc.) are the responsibility of the User.
Access to the Site and services does not require prior registration or the creation of an account by the User.
The Site provides information about concerts, artists, partnerships and allows the booking of concert tickets.
For the purpose of booking concert tickets, the User will be sent to a third-party website https://www.eventbrite.com/ that is not under the control of ACCOR. ACCOR therefore disclaims any liability for the content and services offered by this website.
4. OBLIGATIONS AND RESPONSIBILITY OF THE USER
The use of the Site is the sole responsibility of the User.
The User agrees to not use the Site in an illegal manner and to abide by these GTCU.
The User undertakes to navigate the Site in accordance with the GTCU and applicable regulations.
5. OBLIGATIONS AND RESPONSIBILITY OF ACCOR
ACCOR undertakes, within an obligation of means, to provide access to the Site while complying with the GTCU and to act with diligence and care, to make every effort, within a reasonable limit, to remedy any malfunction brought to its attention.
However, ACCOR may be obliged to temporarily suspend partial or total access to the Site, particularly upon the occurrence of a force majeure event or an event beyond the control of Accor, or for technical reasons involving maintenance, breakdowns and problems related to telecommunication networks, without this leading to any liability on the part of ACCOR or that entitles the User to any compensation.
The User acknowledges and accepts that the responsibility of ACCOR does not extend to any inconvenience or damage arising from the use of the Internet network, which includes but is not limited to:
- the poor transmission and/or reception of any data and/or information over the Internet;
- the failure of any reception equipment or lines of communication;
- any malfunction of the Internet network that prevents the Site from operating properly.
In any case, ACCOR cannot be held liable for any indirect damages such as, but not limited to, loss of profits, loss of customers, etc.
The Site may redirect to web links of other sites that are published and managed by third parties and not under the control of ACCOR. Therefore, ACCOR disclaims any liability for the content of these websites and the services offered.
The information available on the Site is presented and offered to Users in good faith. ACCOR is not responsible for the accuracy of or any errors or omissions found on the Site. ACCOR makes no guarantee of any kind, expressed or implied, and assumes no liability for the use of this information. The User is solely responsible for the use of such information. ACCOR cannot be held liable for any damage, whether direct or indirect, resulting from information contained on this website.
ACCOR disclaims all liability arising from any claim by a third party, especially in the event where the information, trademarks, logos and/or photographs posted online would violate the intellectual and/or industrial property rights of a third party, or that the information concerned is false, inaccurate or likely to mislead Users.
6. INTELLECTUAL PROPERTY RIGHTS/COPYRIGHT
The User acknowledges that the Site and its contents include, without being limited to, all of the text, graphics, images, logos, names, brands, titles, sounds, photographs, videos, drawings, data, software or other materials available on the Site (hereinafter, “ACCOR Content”) are protected by intellectual property law and are the exclusive property of ACCOR or are licensed to ACCOR.
Subject to the acceptance and compliance of these GTCU, ACCOR grants to the User – for the duration of the GTCU and throughout the entire world – a free, non-exclusive and non-transferable right of access and use of ACCOR Content for the sole purpose of information for personal use. Any reproduction or representation made for other purposes may only be authorised by the prior written consent of ACCOR.
In particular, the User may not download, copy, alter, modify, adapt, delete, distribute, transmit, disseminate, sell, rent, assign or use ACCOR Content in whole or in part, in any way, without prior written consent from ACCOR.
Any other use of the Site or its elements that is not expressly authorised shall constitute an infringement of the rights of ACCOR and is punishable as such as provided by Articles L355-2 et seq. of the Intellectual Property Code.
To find out more regarding the photographs used on the Site, the User may consult the Photo Credits section.
7. RESPECT FOR PRIVACY AND PERSONAL DATA
Your information is processed by Accor SA, the data controller, for the sole requirements of Accor SA. ACCOR SA reserves the right to have this data processed by a subcontractor or partner who meets the legal and regulatory requirements for the protection of personal data, whether in terms of confidentiality, security or location. Under no circumstances will the personal data collected be transferred to third parties for commercial use.
Your data is intended for the teams at ACCOR in charge of the ibis-music.com website. Users are also informed that, unless otherwise provided by law or regulatory provisions, the data collected will be kept for the length of time necessary for processing. They may also file a claim with a supervisory authority.
To exercise your rights (access to data, rectification, deletion, restriction or objecting to processing, data portability and the definition of guidelines for processing your data after death), please write to firstname.lastname@example.org.
8. FORCE MAJEURE
Force majeure shall be deemed to include any event that is beyond the control of ACCOR or the User, which could not have reasonably been foreseen at the time of the conclusion of the contract and the effects of which cannot be avoided by appropriate measures, preventing the fulfilment of all or some of the obligations provided for in the contract. Cases considered as force majeure or fortuitous are those usually recognised by the jurisprudence of the French Courts and Tribunals.
Each Party shall not be held liable to the other party in the event of the non-fulfilment of its obligations resulting from a force majeure event. It is expressly agreed that force majeure suspends the performance of the reciprocal obligations of the parties and that each party bears the burden of the costs arising therefrom.
9. APPLICABLE LAW AND DISPUTES
Both the Site and the terms and conditions of its use are governed by French law, regardless of the location of use by the User, without hindering the mandatory protective provisions that may apply in the User's country of residence.
In the event of a dispute arising from the interpretation or fulfilment of these GTCU, the User and ACCOR shall first try to seek an amicable solution. The user may use conventional mediation proceedings or any alternative dispute resolution process. If this fails, all disputes will be subject to the jurisdiction of the French courts.
If one or more stipulations of these GTCU are deemed to be invalid or declared as such under law, regulation or following a decision passed by a competent jurisdiction that has become final, any other stipulations shall remain in force to their full extent.
The authentic language is French.
If the GTCU are translated into a foreign language, the French language will prevail over any other translation in the event of any dispute, litigation, difficulty in the interpretation or fulfilment of these conditions and, more generally, regarding relations between the parties.
12. CHANGE/MODIFICATION OF THE TERMS AND CONDITIONS OF USE
ACCOR reserves the right to modify, supplement and/or update without notice these GTCU at any time as of 15/03/2019. The new GTCU will come into force from the date that they are published on the Site.
It is therefore the User's responsibility to regularly refer to the latest version of the GTCU permanently available on the Site. Any use of the Site following modification of the GTCU implies acceptance by the User of the new GTCU. The User has the ability to save and edit these GTCU using the standard features of their browser or computer.