TERMS OF USE
Home Recording

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IMPORTANT:
THE FOLLOWING TERMS OF USE (hereafter the "Terms of Use") CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AS WELL AS A DISPUTE RESOLUTION (see Section 13 below) PROVISION THAT GOVERNS HOW POTENTIAL DISPUTES WILL BE SETTLED.


The website HOMERECORDING.COM (the "Website") is maintained and provided to you and those who access or use the Website (together, the “Users”) by P. Bordas S.A.R.L., a French limited liability company with a share capital of 77,235€, registered with the Trade and Commercial Registry of Nanterre under reference 310 072 384, having its registered office located 56 rue du Moulin Vert 75014 Paris, France (hereafter "P.BORDAS").`
P.BORDAS also provides, through the Website, a collection of online content, including notably classifieds, reviews, forums, videos, music, pictures, exclusive and contributive editorial content and various email or private messenger services (hereafter the "Services") .
The information presented on the Website is for informative purpose only.
For the avoidance of doubt, it is agreed that the term Users shall include persons who have been accessing or using, are accessing or using, or will be accessing or using the Website or the Services.

1. Acceptance of the Terms of Use:

  • 1.1. By accessing or using the Website or any of the Services, you agree to be bound by these Terms of Use, together with any supplemental terms, policies, rules and guidelines that may be published on the Website by P.BORDAS. Should you object to any applicable term or condition or guideline herein set or to any subsequent modification of the foregoing, your only recourse is to immediately discontinue use of the Website.
  • 1.2. Without prejudice to any remedy P.BORDAS is entitled to in law or equity, you further agree that P.BORDAS reserves the right to enforce the Terms of Use through self-help, community moderation, active investigation, litigation and prosecution, as it may be applicable or practicable, at P.BORDAS' sole discretion.
  • 2. Behavioral Guidelines:


  • 2.1. You agree not to submit or transmit (directly, indirectly or in any way whatsoever) through the Website or any of the Services any material, or otherwise engage in any conduct that may, notably:
  • - Violate or infringe any right whatsoever including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights;
    - Be unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious in any way whatsoever or contain explicit or graphic descriptions, or accounts of, sexual acts;
    - Victimize, harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, disability or any other discrimination;
    - Contain viruses or any other computer code, bot, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network, or allows to automatically collect information or any other material from the Website;
    - Encourage conduct that would constitute a criminal offense, or that may give rise to civil liability;
    - Damage, disable or overburden our server, attempt to gain unauthorized access to protected content (defined as any material that may be located or on or accessible through our server, or the computer or network of the Users, but which is not publicly available on the Website), or harvest information about the other Users;
    - Use the Website or any of the Services to transmit, directly or indirectly, any unsolicited communications, scams or spamming;
    - Violate these Terms of Use, or any other guideline or policy posted on the Website by P.BORDAS, its network administrators or its moderators; or
    - Interfere with the use of the Website or any of the Services by others or render it harmful to them or their property.

    3. Property Rights

  • 3.1. You acknowledge and agree that that P.BORDAS owns all legal right, title and interest in and to the Website, the Services and any material whatsoever - including without limitation any data, text, communication, message, information, software, image, audio and video - ("Content”), published on the Website or through any of the Services by P.BORDAS or its agents or representatives, including any intellectual property rights (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You acknowledge and agree that nothing in these Terms of Use gives you the right to use or copy the aforementioned Content or any of P.BORDAS’ trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
  • 3.2. Notwithstanding the above, you further agree that any other Content posted on the Website or through the use of the Services by Users (“Users Content”), remains the entire property of its original author. According to the applicable copyright law, such Content shall not be used, copied, publicly displayed or reproduced without its author prior consent, save for your private and non-commercial use. However, and subject to the provisions contained in specific guidelines applicable to a particular Service, by posting User Content on the Website or through the Services, you hereby agree to grant to P.BORDAS, its successors, licensees, affiliates and assignees a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, copy, sublicense, adapt, translate, transmit, publicly perform, or display any such User Content and to irrevocably waive (to the extent permited by law) in favor of P.BORDAS and its successors, licensees, affiliates and assignees, all moral rights in respect of any such User Content.
  • 3.3. You acknowledge that the Website may contain features and functionalities that may link you or provide you access to third party websites ("Third Party Website") or content (“Third Party Content”), managed and developed independently from P.BORDAS. Therefore, you acknowledge and agree that P.BORDAS does not own any legal right, title or interest (with the exception of the right to use the portion published on the Website) in any of the Third Party Content, the Third Party Website, its (or the third party’s) trade names, trademarks, service marks, logos, domain names, and other distinctive brand features, whether some of them may be contained on the Website or not.
  • 3.4. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or published within the Website and that you will not use any trademark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
  • 4. Content – Liability

  • 4.1. The Website is build upon a community of Users that continuously upload, share or transmit Content. Although you acknowledge and agree that P.BORDAS is using its best efforts to ensure compliance with applicable law and regulations, particularly through these Terms of Use and through any policy that P.BORDAS may deem appropriate to apply, you are aware that reviewing all the Content is materially neither possible nor practical. Moreover, you understand that P.BORDAS has no control a priori over Users.
  • 4.2. YOU HEREBY AGREE THAT P.BORDAS SHALL NOT BE HELD LIABLE FOR ANY LOSS OR DAMAGE, IN ANY WAY WHATSOEVER AND TO THE EXTENT PERMITTED BY LAW, INCURRED IN CONNECTION WITH USERS CONTENT OR THIRD PARTY CONTENT.
  • 5. Relationship with Third Party Websites

  • 5.1. You acknowledge and agree that any access or use of a Third Party Website shall be governed by the terms of use of that particular Third Party Website only, and that any communication, relationship, including without limitation payment or shipping of goods or services or any other terms, conditions and warranty in connection with the aforementioned, is only entered into between you and the third party and shall not be binding P.BORDAS in any way whatsoever.
  • 6. Disclaimer

  • 6.1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS AND USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THAT THE WEBSITE IS PROVIDED "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE". YOU AKNOWLEDGE AND AGREE THAT P.BORDAS MAKES NO EXPRESS WARRANTIES OR GUARANTEES ABOUT THE WEBSITE OR ITS CONTENT. TO THE EXTENT PERMITTED BY LAW, P.BORDAS DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER IMPLIED OR EXPRESSED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES THAT ALL SOFTWARE, CONTENT AND SERVICES AVAILABLE THROUGH THE WEBSITE, TOGETHER WITH THE WEBSITE ITSELF, ARE OF SATISFACTORY QUALITY, ACCURATE, TIMELY, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. FURTHERMORE, P.BORDAS DOES NOT GUARANTEE THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION, AVAILABLE AT ALL TIMES, OR THAT ANY DEFECT IN THE OPERATION OR FUNCTIONALITY OF THE WEBSITE OR ANY SOFTWARE PROVIDED ON OR THROUGH THE WEBSITE WILL BE CORRECTED.
  • 7. Liability Waiver – General

  • 7.1. TO THE EXTENT PERMITTED BY LAW, P.BORDAS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR LOSSES ARISING FROM THE USE OF, INABILITY TO USE, OR RELIANCE UPON THE WEBSITE OR ITS CONTENT. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF P.BORDAS KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
  • 8. Liability Waiver – Third Party Website/Content

  • 8.1. YOU HEREBY AGREE THAT P.BORDAS SHALL NOT BE HELD LIABLE FOR ANY LOSS OR DAMAGE, IN ANY WAY WHATSOEVER AND TO THE EXTENT PERMITTED BY LAW, INCURRED IN CONNECTION WITH THIRD PARTY CONTENT OR THIRD PARTY WEBSITE.
  • 8.2. FURTHERMORE, YOU HEREBY AKNOWLEDGE AND AGREE THAT ANY RELASHIONSHIP BETWEEN YOU AND A THIRD PARTY (WHETHER P.BORDAS PROVIDED THE LINK TO THIS THIRD PARTY WITHIN THE WEBSITE OR NOT) IS BETWEEN YOU AND THE THIRD PARTY ONLY, AND THAT P.BORDAS SHALL NOT BE HELD LIABLE FOR ANY LOSS OR DAMAGE THAT YOU MAY HAVE INCURRED IN CONNECTION WITH, OR CLAIM YOU MAY HAVE AGAINST, A THIRD PARTY.
  • 9. Indemnification

  • 9.1. Upon P.BORDAS' request, you agree to defend, indemnify, and hold P.BORDAS, its affiliates and/or their respective representatives harmless from and against any and all losses, claims (including, but not limited to any civil, criminal, or administrative action), obligations, demands, assessments, penalties, liabilities, expenses (including, for the avoidance of doubt, attorney's fees), and/or damages asserted against or incurred by P.BORDAS, its affiliates and/or their respective representatives that may arise or result from your use or misuse of the Website or any of the Services. P.BORDAS reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with P.BORDAS in asserting any available defenses.
  • 10. Privacy

  • 10.1. For information about P.BORDAS’ data protection practices and privacy policies, please read (“Privacy Policy”). This link explains how P.BORDAS treats your personal information, and protects your privacy, when you access or use the Website or any of the Services.
  • 10.2. You hereby acknowledge that you understand P.BORDAS’ Privacy Policy, and you expressly agree to the use of your data in accordance with the Privacy Policy.
  • 11. Incorporation by Reference

  • 11.1. You and P.BORDAS agree that the following documents (“Incorporated Documents”) shall be incorporated to these Terms of Use by reference as if fully set out herein:
  • - Terms of Use
    - Classified Ads Warning
    - vBulletin Forum Board FAQ
    - Home Recording Rules

    12. Changes to the Terms of Use

  • 12.1. You hereby acknowledge and agree that P.BORDAS reserves the right to modify these Terms of Use at its own discretion, together with any supplemental terms, policies, rules and guidelines that may be published on the Website by P.BORDAS.
  • 12.2. In such event, P.BORDAS agrees that it shall make a new copy of the Terms of Use available on the Website, and you understand and agree that by accessing or using the Website after the date on which the Terms of Use have been modified, you will be accepting and be bound by the updated Terms of Use.
  • 13. Applicable Law / Dispute Resolution / Jurisdiction

  • 13.1. These Terms of Use, and your relationship with P.BORDAS under these Terms of Use, shall be governed by the laws of the France, without regard to its conflict of laws provisions.
  • 13.2. In the event of a dispute arising from or in connection with the Terms of Use, the Website, any of the Services, the Content, User Content or Third Party Content, you agree to first try and seek for an amicable settlement with P.BORDAS by contacting and notifying P.BORDAS’ legal department by email (legal@audiofanzine.com)and by registered mail with recorded delivery (P. Bordas SARL, 13 rue Raymond Losserand, Paris, 75014 France)
  • 13.3. If P.BORDAS is not able to offer a reasonable solution and you and P.BORDAS are not able to agree on a reasonable settlement within 15 days from receipt of the notification by P.BORDAS, you and P.BORDAS agree that the aforementioned dispute shall be exclusively resolved by the French Courts located within the jurisdiction of the French Court of Appeal of Paris.
  • 13.4. For any other dispute arising from or in connection with the Terms of Use, the Website, any of the Services, the Content, User Content or Third Party Content, P.BORDAS and you agree that the dispute shall be exclusively resolved by the French Courts located within the jurisdiction of the French Court of Appeal of Paris.
  • 14. Miscellaneous

  • 14.1. The Terms of Use (together with the Incorporated Documents) are the complete and exclusive statement between you and P.BORDAS with regard to the subject matter hereof and supersede and/or terminate all prior agreements, discussions or communications between you and P.BORDAS (whether written or oral) with regard to the subject matter hereof.
  • 14.2. A waiver by P.BORDAS of any particular breach or default in connection with any provision of the Terms of Use shall not be deemed as a waiver of any subsequent default or breach of that same or any other provision of the Terms of Use.
  • 14.3. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
  • 14.4. You acknowledge and agree that P.BORDAS’ affiliates and their respective representatives shall be third party beneficiaries to the Terms of Use and that these other entities or persons shall be entitled to directly enforce, and rely upon, any provision of the Terms of Use which confers a benefit on (or rights in favor of) them. Other than this, no other person or entity shall be third party beneficiaries to the Terms of Use.
  • 14.5. The Terms of Use can only be modified in compliance with Section 12 above.
  • 14.6. For your convenience, P.BORDAS may decide to publish translations of the Terms of Use. In such an event, you acknowledge and agree that the [English] version shall prevail.