Condiciones generales de venta

These General Terms and Conditions of Sale and Use (hereinafter referred to as the «GTCU») apply to the services offered by STAN GROUP, a simplified joint stock company with capital of 1,000 euros, whose registered office is located at 174 rue de Courcelles, 75017 Paris (hereinafter referred to as «STAN«), in particular on the mobile application called «STAN» developed by STAN.

The Application offers a hosting, referencing and connection service between Artist and User profiles with a view to sharing Artist Content and User Content (hereinafter referred to as «the Services»).

To this end, STAN acts as an online platform operator.

Any use of the services offered on the Application for any purpose whatsoever by Users and Artists implies consultation, understanding and acceptance of these GCUA.

ARTICLE 1 – DEFINITIONS

«Stan Subscription»: the acquisition of a certain number of Stan Coins in exchange for payment of the Stan Subscription price by the Subscriber and according to the chosen Stan Subscription periodicity, the amount of which is taken by a third-party digital merchant platform (such as Apple Store, Google Play or any other STAN partner platform). Subscribers can manage and cancel their subscriptions by accessing their account settings on these Use of the Services published by STAN to which the Stan Subscription gives access is subject to the present terms and conditions;
«Artist Profile Subscription» means the right to access Artist Content on an Artist’s Profile for a certain period of time freely and without charge or, at the Artist’s sole discretion, in return for payment of a certain amount of Stan Coins per month spent by the User and/or Subscriber.
«Subscriber»: refers to the User who has subscribed to a Stan ;
«Affiliates», means all persons and entities that, directly or indirectly, control, are controlled by or under the control of STAN, where control may be exercised through managerial power, equity ownership or otherwise. This includes STAN’s subsidiaries, employees, officers, representatives and
«Application»: refers generically to the applications that can be downloaded and executed from the operating system of a smartphone or tablet, published by STAN and available on the Apple Store and/or any other download platform chosen by STAN with a view to providing the Services, as well as all corresponding websites and web pages where applicable.
«Artist»: refers to any person who has an Artist Account and shares Artist Content on said
«Stan Coins»: refers to a virtual currency that can be acquired by the User and/or Subscriber by subscribing to a Stan Subscription or purchasing an Order. Once purchased, this virtual currency has no monetary value and cannot under any circumstances be exchanged by the User for real money, goods or services, with STAN or anyone else.

The User holder of Stan Coins acknowledges that these Stan Coins are not transferable and agrees not to transfer them to anyone else. The User holder of Stan Coins is not owner of Stan Coins, but only holds a limited personal and revocable right of use exclusively on the Application. The User accepts that the acquisition of Stan Coins constitutes a definitive sale and that no refund will be granted once the transaction has been completed.

«Order»: refers to the purchase of a certain number of Stan Coins individually or in a pack via the
«Account»: refers to the computer interface hosted on the Application and enabling the User or Artist to use the Application and Services, while benefiting from a space hosting his/her data.
«Artist Account» or «Profile» refers to the account/profile dedicated to the Artist made available by STAN and available to the Artist to share his/her Artist Content accessible to Users, according to the various Artist Profile Subscriptions offered.
«User Account» refers to the Account created by STAN for the
«User Content»: refers to any element published by a User on the Application (message or content of any nature whatsoever: text, images, videos, sounds, illustrations, multimedia content, logos, trademarks, animations, drawings and models, data and, in general, all elements and content published by a User, etc.).
«Artist Content»: refers to any element published by an Artist on the Application as well as via his/her Profile (message or content of any nature whatsoever: texts, images, videos, sounds, recordings, illustrations, multimedia content, logos, trademarks, animations, drawings and models, data and generally all elements and content published by an Artist, etc.) concerning his/her musical career.
«General Terms and Conditions of Sale and Use» or «GTSU» or «Contract»: refers to the present contractual conditions made available on the Application, in order to govern the use of the latter by any User and any Artist;
«User»: any individual or legal entity using the Services offered on the Application.
«Services»: refers to all the services offered by STAN on the Application and defined herein.

The definition attributed to a singular term also applies to that term when used in the plural, and vice versa. The same applies to the use of the masculine or feminine gender.

ARTICLE 2 – PURPOSE

The purpose of these GTCU, entered into between STAN, the User and the Artist (hereinafter the «Parties»), is to set out the respective rights and obligations of the Parties with regard to the use of the Application and all the Services offered therein.

These General Terms and Conditions of Sale and Use (GTCU) govern the use by Users and Artists of the Application and the associated Services and functionalities, and set out the various obligations of each of the Parties.

It is hereby stipulated that the Artists shall enter into a separate contract with STAN in addition to the GCUA in order to determine the conditions for the provision of the Services, which shall be sent to them in accordance with the conditions detailed below.

Use of the Application and Services implies acceptance of these GTCU. The User therefore undertakes to read these GTCU carefully when accessing the Site, and is invited to download, print and retain a copy. The GTCU are permanently accessible on the Application. STAN reserves the right to adapt or modify these GCU at any time.

ARTICLE 3 – DESCRIPTION OF SERVICES

STAN is an online platform operator that acts as a host and not as a content publisher.

STAN proposes to connect Artists and Users. Artists may publish Artist Content on their Profiles with a view to sharing it with Users. Artists may offer their Artist Content on an exclusive basis to certain Users, subject to subscribing to their Profiles free of charge or in exchange for Stan Coins, at the Artist’s discretion, by taking out an Artist Profile Subscription entitling the User to more or less benefits depending on the formula chosen by the User. Users have the option of commenting on or liking all or part of the Content posted by Artists on their Artist Profiles, as well as exchanging with Artists via the Application’s messaging system in accordance with the terms and conditions determined by the Application.

Artists may also offer additional benefits and/or Artist Content to Users in exchange for Stan Coins. It is expressly agreed that access to benefits and/or additional Artist Content in exchange for Stan Coins does not give the User any right of ownership or exclusivity over such Content.

Access to additional benefits and/or Artist Content in exchange for Stan Coins is freely decided by the Artist, in compliance with these GTCU and in particular the Code of Ethics, and STAN cannot be held liable in any way whatsoever in this respect.

The amount o f Stan Coins to be paid in exchange for the Artist Profile Subscription is freely determined by the Artists and corresponds to the number of Stan Coins that must be spent by the User in order to access the Artist Content.

Users may also, if they wish, give tips in Stan Coins to Artists. The said tips will entitle Users to specific Artist Content, exclusive or otherwise, offered by the Artist and under the conditions set by the latter, without STAN being held liable in this respect.

The Artist also chooses the frequency of the Artist Profile Subscription, which may be monthly or half- yearly.

The User will receive an alert in the event that the User’s balance of Stan Coins is insufficient to cover an Artist Profile Subscription. If the balance is still insufficient on the anniversary date of the Artist Profile Subscription renewal, the Artist Profile Subscription will be automatically terminated.

In the event of an increase in the number of Stan Coins to be paid in order to access Artist Content via the Artist Profile Subscription at the Artist’s discretion, this increase will only be applicable from the next renewal of the Artist Profile Subscription, with the User retaining the option to unsubscribe.

Artist Content can be accessed from Profiles by Users who have downloaded the Application and taken out a free or paying Artist Profile Subscription with the Artist concerned. The Artist is the sole decision-maker as to whether or not access to his/her Profile is free of charge and as to the cost of the Artist Profile Subscription.

Certain excerpts of Artist Content accessible only in exchange for Stan Coins may, however, be made public free of charge at STAN’s discretion for a limited time or not.

The Profiles on which Artist Content is published are thus accessible and referenced on the Application. In particular, these Profiles are accessible from the Application’s search engine, from Users’/Subscribers’ news feeds, or according to STAN’s suggestions.

STAN reserves the right to freely change the Services and the conditions of access to the Services, at its sole discretion.

ARTICLE 4 – SYSTEM REQUIREMENTS

Use of the Application and Services requires a broadband Internet connection for personal computers and a mobile Internet service for portable devices and, where applicable, an account with the digital merchant platforms (App Store, Google Play etc.). These connections are not provided by STAN, so the User must first individually subscribe to a broadband Internet connection and/or a mobile Internet offer in order to use the Application and its Services. A third-generation (3G) mobile Internet connection is strongly recommended. The User can activate the service from a personal computer (PC or MAC) with a compatible operating system and browser, and from a compatible mobile device (compatible hardware, operating system and browser). To use the Application and Services via a smartphone or other device, the device must meet certain system requirements. These requirements can be found in particular on digital trading platforms (App Store, Google Play etc.).

ARTICLE 5 – CREATING AN ACCOUNT

User account: any person wishing to use the Application must register and create an account via the Application in accordance with the steps set out therein, and accept these GTCU.

To use the Application, the User must (1) be 15 years of age (or the equivalent minimum age in his/her country of origin) or older, (2) have the consent of a parent or guardian if the User is a minor

(3) be entitled to accept these GTCU and (4) reside in a country where the Service is available.

A User Account is a personal account and may not be used or shared with more than one person. Users are prohibited from sharing their Account with third parties. Users must maintain the security of their Account and login details, and must not under any circumstances disclose them to third parties. Users are solely responsible for the use of their Account. The User is entirely responsible for the accuracy and updating of the data communicated when opening and managing his/her Account.

Under no circumstances shall STAN be held liable in the event of usurpation of a User’s identity. All access and actions carried out from a User’s Account will be presumed to have been carried out by that User, insofar as STAN is not obliged and does not have the technical means to ensure the identity of persons accessing the Site from an Account. The User is required to notify STAN immediately by e- mail of the loss or theft of any access codes allocated.

Artist Profile: anyone wishing to become an Artist and create an Artist Profile must submit their application to STAN and follow the steps detailed on the Application. The choice of whether or not to create an Artist Profile remains at STAN’s sole discretion. STAN is under no obligation to justify this choice. It is specified that Artist Profiles are exclusively dedicated to artists in the music sector.

STAN may ask the person wishing to become an Artist for proof of his or her reputation, identity, tax domicile, professional activity(ies), examples of content already posted on its social networks, presentations and press kits, etc. STAN may also ask the person wishing to become an Artist for proof of his or her professional activity(ies).

The creation of an Artist Profile is also subject to the conclusion of a contract, in addition to the acceptance of these GTCU, between STAN and the Artist, which will be sent to the Artist by STAN after the Artist’s application has been selected. This contract details and determines the conditions under which STAN provides the Artist with the Services.

ARTICLE 6 – SUBSCRIPTIONS AND CONDITIONS

By subscribing to a Stan Subscription and/or an Artist Profile Subscription, Users acknowledge that they have read, understood and accepted the present GTCU without limitation or condition and that they are of legal age and capable or over 15 (fifteen) years of age and subscribe to a Stan Subscription and/or an Artist Profile Subscription with the prior authorisation of the person holding parental authority (parents or guardians). Similarly, they acknowledge that they wish to have immediate access to the Artist Content and thus expressly waive their right of withdrawal.

Users undertake to carefully read the information relating to a Stan Subscription and/or an Artist Profile Subscription before subscribing.

Prerequisite: in order to subscribe to a Stan Subscription and/or an Artist Profile Subscription, the User must first create a User Account on the Application in accordance with the above and have an account with the third-party digital merchandising platform (such as Apple Store, Google Play or any other STAN partner platform).
Subscriptions available: Stan Subscriptions are offered and presented by third-party digital platforms and entitle the holder to a certain number of Stan Coins, making it possible to subscribe to Artist Profile Subscriptions that are not free of charge, with the essential characteristics of the Subscriptions, namely: the frequency of payment of the subscription price (monthly, half-yearly, etc.), the price and the number of Stan Coins credited.
Stan Subscription price: The User acknowledges that the price of a Stan Subscription is freely determined by STAN. The price of a Stan Subscription is due at the time of subscription to the Stan Subscription and at each renewal of the said Stan Subscription. Prices are shown in euros, inclusive of all taxes and charges (including bank charges). Prices may change according to changes in applicable taxes, in particular value-added tax (VAT).
Various formulas offered as a guide: (updated to 10/29/2024)
Monthly subscription at €9.99/€22.99/€59.99, deducted by third-party digital platforms. This Stan Subscription entitles you to a certain number of Stan Coins, the exact amount of which is specified on the Application. Stan Subscription is automatically renewed for successive periods of the same duration as the initial period, unless it is cancelled at least 24 hours before the end of the current contractual period. Subscribers can manage and cancel their Stan Subscription by accessing their account settings on the third-party digital platform.
Orders: the User may also purchase Stan Coins (in packs or individually), enabling access to certain Services and Artist Profiles at the prices displayed on third-party digital platforms.
In the event of a difference between the offers referred to above and those proposed on third-party digital platforms, only those proposed on third-party digital platforms are binding on the latter, the User and STAN.

Stan subscriptions taken out for a fixed period are non-refundable, even in the event of early termination. The purchase of Stan Coins (in packs or individually) is also non-refundable.

Terms of payment: the terms of payment for Stan Subscription and Orders are determined by the third-party digital trading platforms that process payments directly (such as Apple Store, Google Play or any other STAN partner platform).
Subscription confirmation: as soon as the subscription has been registered, a confirmation e- mail summarizing the Subscription Stan conditions will be sent to the Subscriber.
Conclusion of contract : The transaction enabling the Subscriber to take out a Stan Subscription on a third-party digital merchant platform that handles payments directly (such as Apple Store, Google Play or any other STAN partner platform) is deemed to have been concluded between the Subscriber and the platform operator. The Subscriber is committed until the end of the term of the Stan Subscription to which he/she has subscribed.

The contract between STAN and the User concerning access to and use of the Services on the Application and the conditions applicable to Artist Profile Subscriptions is formed when the User acknowledges, by checking the box provided for this purpose, that he/she has read and accepts these GCVU. In accordance with article L.221-28 al.13 of the French Consumer Code, the User gives his/her express prior agreement to the immediate execution of the contract and expressly waives the withdrawal period, as the contract concerns the supply of digital content not provided on a physical medium.

Sponsorship: Users and Artists can access functions known as «This allows Stan Coins to be awarded. STAN remains free to set up the terms and rules of sponsorship and to limit access to these functions to certain User profiles, in particular according to their seniority.

ARTICLE 7 – ARTIST PROFILE SUBSCRIPTIONS

Before subscribing to an Artist Profile Subscription, Users are responsible for ascertaining what the Artist offers, his or her activity, the frequency of his or her publications, the types of content offered, etc. Users undertake to read the information relating to an Artist Profile Subscription carefully before subscribing. Users undertake to read the information relating to an Artist Profile Subscription carefully before subscribing.

Users acknowledge that they wish to have immediate access to the Artist Content and thus expressly waive their right of withdrawal.

The number of Stan Coins to be paid in order to benefit from the Artist Profile Subscription and the frequency of payment of Stan Coins are freely determined by the Artist concerned and remain their sole and entire responsibility.

The User will have a list of all his Artist Profile Subscriptions on his Account, free of charge or in exchange for the payment of Stan Coins.

It should be noted that STAN gives no guarantee that the Artist will respect his or her commitments with regard to the advantages indicated in return for subscribing to an Artist Profile Subscription, the Artist being solely responsible for the offers he or she proposes, STAN being merely an online platform operator putting Users in contact with Artists. STAN gives no guarantee as to the frequency of publication or the Artist Content, which is the sole responsibility of the Artists. Users hereby waive any and all recourse whatsoever against STAN in respect of the Artists’ publication of their Profiles.

ARTICLE 8 – STAN CORNERS

STAN may revise the pricing of Stan Corners at any time. STAN may also revise the pricing of Stan Memberships and Artist Profile Memberships offered through the Services with reasonable notice and in accordance with applicable law. STAN may limit the total amount of Stan Coins that may be purchased at any given time, and/or limit the total amount of Stan Coins that may be held globally on a User and/or Subscriber Account. The User is only authorized to acquire Stan Coins from STAN or its authorized partners through the Services, and in no other way. Depending on the digital trading platform, the purchase of Stan Coins may be subject to the terms of use and agreement of the platform provider. Usage rights for each purchase may vary from item to item.

If STAN terminates or suspends a User Account in accordance with these Terms, the User concerned may lose any Stan Coins, and STAN will not provide any compensation or refund in this respect. If the User has an active Subscription at the date of termination, it will not be automatically renewed at the end of the current Subscription period.

The amount invoiced for any Stan Corner shall be as indicated on the Application at the time the Stan Subscription is taken out or the Order is placed, except in the case of manifest error. The amount charged by the digital merchant platform includes, subject to the terms and conditions of said platform, any sales tax and any other charges. Depending on the User’s bank, additional charges may be applied by the User’s bank; STAN has no control over this aspect and accepts no liability in this respect.

ARTICLE 9 – DEREFERENCING

In accordance with articles L. 11-7 and D.111-7 of the French Consumer Code, the referencing methods and ranking criteria for the various Artist Contents and Artist Profiles are determined by STAN according to several criteria:

Date of publication ;
Ranking by relevance (according to subscriptions taken out by a User, according to suggestions based on User preferences, Artist Profiles with the most subscribers, Artist Content most viewed or having generated the most interactions, etc.) ;

Artists’ reputation ;
Promotional offers on subscriptions or by STAN ;
Certain Artist Content or Artist Profiles may be given special prominence or greater exposure than other Content or Profiles, in return for remuneration received directly or directly by STAN.

Users are reminded that they can access Artist Profiles via a search engine on the Application.

ARTICLE 10 – COMMUNICATION

Users and Artists undertake to use the means of communication offered on the Application in compliance with the Code of Ethics set out below.

It is strictly forbidden to ask for or exchange personal details via the means of communication offered by STAN. Users and Artists also undertake to respect the Code of Ethics reproduced below in the context of their communications.

STAN is not responsible for exchanges and communications made via the means of communication offered on the Application. STAN will do its utmost to punish any violation of these rules and of the Code of Ethics following a report.

ARTICLE 11 – CODE OF ETHICS

The User and the Artist declare and guarantee that they will not contravene any legal or regulatory provision, and that they will not behave in a manner contrary to public order and morality. Users and Artists undertake to respect the rules of politeness, courtesy, moderation and good manners in their interactions with Artists and other Users.

In particular, the User and the Artist agree not to behave in any way and not to publish any message or User Content / Artist Content:

Which would be contrary to public order and morality;
Which could be considered an apology for terrorism;
Constitutes conduct or content that is hateful, inciting to hatred, defamatory, containing insults or insults, revisionist or injurious to the honor or reputation of others;
Which would constitute harassment;
Incites any form of violence, hatred or discrimination, notably on the grounds of origin, religion, disability, gender, age, sexual orientation or identity, physical appearance, etc.
Who would incite to commit acts reprehensible by law or contrary to the Code of Ethics;
Which would constitute unsolicited advertising or incitement to prostitution;
That would encourage self-mutilation or suicide;
Which would encourage anyone to share messages or content of a sexual nature;
To promote the services and/or websites of a third party, whether a competitor or not;
Pedophile character;
Which would be constitutive of denigration with regard to the Artists, the Users or STAN or any other person;
Who would or could endanger the safety of persons and property;
Is misleading, deceptive or proposes or promotes illegal, fraudulent or deceptive activities.

The User and the Artist undertake to refrain from committing any act comparable to cyber-stalking, or any other offence comparable to pimping, in accordance with articles 225-5 et seq. of the French Penal Code.

The User and the Artist are also prohibited from

copy, modify, sublicense, translate, sell, decompile or misappropriate the Application or any of the goods or concepts used by STAN for the purposes of the Services and the operation of the Application;
engage in conduct that interferes with or diverts STAN’s computer systems, or that violates STAN’s computer security measures,
undermine STAN’s financial, commercial or moral rights and interests;
market, transfer or give access in any other way to the Services or to the information hosted on the Application.

The User and the Artist also have the obligation to :

To use the Application in accordance with its purpose and not to divert the purpose of the Application by inappropriate use and not to disorganize, slow down, modify or undermine the normal operation of the Application, or the automated data processing systems of the Application in accordance with Articles 323-1 et seq. of the French Penal Code;
Respect the privacy of Users, Artists and all third parties and not divulge any personal or confidential information when using the Application;
Respect the intellectual property rights of the Artist Content, STAN Content, User Content and any third party using the Application and Services;

Any breach of the present Code of Ethics (and more generally of the present GCUA) may result in immediate suspension of the User Account and/or Artist Account, or even deletion of such Account and/or termination of the Artist Profile Subscription and/or Stan Subscription, without prejudice to any remedies and damages that may be sought by STAN, the Artists, any other User or any third party.

ARTICLE 12 – REPORTING

As STAN is not a content publisher but a host in its capacity as an online platform operator, it is not responsible for content posted and/or shared by Users or Artists. However, STAN has set up a reporting procedure in order to remove any content that it considers to be manifestly illicit. Users are invited to report any content that contravenes these GTCU, and more specifically the Code of Ethics, to the following e-mail address: RGPD@stangroup.fr.

ARTICLE 13 – USER CONTENT

The User declares and guarantees that he/she is the owner of all intellectual property rights (copyright, trademark rights, related rights, including all image rights, etc.) relating to User Content and that he/she has obtained all necessary authorisation for the purposes of granting this non-exclusive and free licence to STAN, and guarantees STAN against any recourse, claim, loss, damage, liability, costs, etc. in this respect. It is reminded that the User is solely responsible for the User Content that he/she publishes, STAN being only a content host.

User Content remains the exclusive property of the Users who have shared and/or published it. The User grants STAN a non-exclusive, free, transferable, sub-licensable license, for the World and until the deletion of his Account and data on the Application, on all of his intellectual property rights on the User Content that he has posted or shared. These rights include in particular:

The right of reproduction, including but not limited to: the right to fix or cause to be fixed, to establish or cause to be established any number of originals, duplicates, or copies of all or part of the User Content, on any media known or unknown to date, by any means and technical processes known or unknown to date, in any format, using any framing ratio;
The right of representation, including but not limited to: the right to communicate to the public, make available to the public, broadcast, disclose to the public all or part of the User Content, host it, use it, distribute it, modify it, perform it, copy it, broadcast it or display it publicly, for commercial, advertising, promotional or non-commercial purposes, on all media known or unknown to date, by all means known or unknown to date, by all processes known or unknown to date, and in particular on the Internet, by broadcasting, by any online exploitation process, on STAN’s social networks or those of their partners, on any physical and/or dematerialized support known or to be known, for exploitation on any media including public display and communication by public and outdoor and/or digital display, POP, in closed circuits (public places, trade fairs, festivals, stadiums, concert halls, places of passage, event broadcasts, train stations, airports, etc.), distribution in any movie theatres, in theatres, in theatres, in theatres, in theatres, in theatres, in theatres, in theatres, in theatres, in theatres, in theatres, in theatres, in theatres, in theatres, in theatres, in theatres.), distribution in all cinemas and/or public venues on a commercial or non-commercial basis, free of charge or for a fee, internal and external communication, professional communication, public and press relations, on all websites and social networks, TV broadcasting, TV catch-ups, VOD, billboards etc..;
The right of adaptation is understood, subject to moral rights, as the right to modify and adapt the User Content and to make any changes STAN deems useful, STAN reserving the right to integrate any brand and/or logo of its choice, without limitation of formats, colors and materials, accompanied by any captions, texts, recordings, or necessary additions. This also includes the right to translate User Content as well as the creation of works derived from said User Content and to incorporate them in any other content or work (visual, audiovisual, multimedia, etc.) with a view to their exploitation in accordance with the present section, as well as any other activity related to User Content.

The User declares and warrants that he/she is the owner of all intellectual property rights (copyright, trademark rights, neighbouring rights, including all image rights, etc.) relating to User Content and that he/she has obtained all necessary authorisation for the purposes of granting this non-exclusive and free licence to STAN, and indemnifies STAN against all claims, losses, damages, liability, costs, etc. in this respect. It is reminded that the User is solely responsible for the User Content that he/she publishes, STAN being only a content host.

ARTICLE 14 – LIABILITY

It is reminded that STAN, as host, will make its best efforts to remove any content that it considers manifestly illicit in accordance with article 6 I 2° of the law of June 21, 2004 for confidence in the digital economy, subject to the conditions and rules applicable by third-party digital trading platforms on which the Application is available (such as Apple Store, Google Play or any other STAN partner platform).

Furthermore, in accordance with the provisions of articles L.111-7 et seq. of the French Consumer Code, as an online platform operator, STAN undertakes to provide clear, transparent and fair information on the terms and conditions of its intervention, in particular within these terms and conditions.

STAN declines all responsibility for any interruptions or bugs in the Application. STAN does not provide any guarantee concerning all or part of the Application, in particular with regard to any direct or indirect damage arising from the use of the Application by the User and/or the Artist.

STAN undertakes to provide the Services diligently, it being specified that STAN is bound by an obligation of means.

Access to the Application may be limited or suspended for scheduled maintenance operations. STAN reserves the right, without prior notice or compensation, to temporarily close the Application or access to one or more remote services, in particular to carry out updates, maintenance operations, modifications or changes to operating methods, servers and access times, without this list being limitative.

STAN will make its best efforts, in accordance with the rules of the art, to secure the Application with regard to the risk incurred and the nature of the data processed. However, STAN shall only be liable in this respect in the event of a proven fault attributable to the latter.

Hosting: STAN provides, on a best-efforts basis, the hosting of the data produced and/or entered by/on the Application (as well as any website where applicable), on its servers or via a professional host, and on servers located within the European Union in the case of personal data.

Due to the nature and complexity of the Internet network, and in particular its technical performance and response times for consulting, querying or transferring information d a t a , and subject to the applicable conditions of digital trading platforms third parties on which the Application is available (such as Apple Store, Google Play or any other STAN partner platform), STAN will make its best efforts, in accordance with good practice, to enable access to and use of the Application and the Services offered. STAN cannot guarantee the quality of the Internet network, nor the accessibility or absolute availability of the Application allowing access to the Services. STAN shall not be liable for the proper functioning of the User’s computer equipment or access to the Internet. STAN shall not be liable for

The User declares that he/she is fully aware of the intrinsic characteristics of the Internet, and in particular of the fact that (i) the transmission of information on the Internet is only relatively reliable, as information circulates on heterogeneous networks, with varying characteristics and capacities, which are sometimes saturated at certain times of the day, thereby impacting download times or accessibility to information; (ii) that the Internet is an open network and that, consequently, the information it carries is not protected against the risks of misappropriation, intrusion into its system, piracy of data, programs and files on its system, or contamination by computer viruses; and (iii) that it is the user’s responsibility to take all appropriate measures to protect data, files or programs stored on its system against contamination by viruses or attempts to intrude into its system.

Users are reminded that STAN acts as an intermediary and that STAN is a third party in the relationship between Users and Artists, which the latter expressly accept. STAN is therefore not responsible for the way in which Users and Artists use the Application and the User Content and Artist Content published by the latter.

STAN is not liable for Users’ failure to pay the price of Subscriptions or for failure to deliver the benefits offered by the Artist in return for subscribing to a Subscription.

More generally, STAN is in no way responsible for the non-performance or breach of these GTCU by Users or Artists or for the fraudulent use by third parties of information made available on the Application, nor for any interruption and/or contamination by viruses caused by the User or an Artist.

Nor shall STAN be liable in the event of force majeure within the meaning of article 1218 of the French Civil Code, either due to an event beyond its control, or due to the fault of the User or the Artist, or due to the fault of any third party.

ARTICLE 15 – ARTIST CONTENT

Artist Content remains the exclusive property of the Artists, who publish and/or share it in the messaging system available on the Application under their sole responsibility, STAN being merely a content host. The publication of Artist Content does not grant Users any intellectual property rights whatsoever in respect thereof.

Users are therefore prohibited from re-exploiting, distributing, communicating, modifying, selling, reposting on their social networks, sharing, downloading, for any purpose whatsoever, and by any means whatsoever, the Artist Content as well as the Artists’ image or any attribute of their personality (photo, image, surname, first name, signature, voice, distinctive features, etc.), which the latter expressly accept and acknowledge. Users only have the right to view Artist Content on the Application. Any unauthorized use or dissemination of the Artist’s Content is likely to infringe STAN’s rights as well as the rights of the Artist, to engage the liability of Users and thus result in an order to pay damages.

Users also acknowledge that any contests organized on the Application by the Artists are placed under the sole responsibility of the latter, and STAN cannot be held liable for any losses incurred as a result of such contests.be held liable in any way whatsoever with regard to the methods of organization, purposes, prizes, etc. of the contests organized by the Artists.

ARTICLE 16 – ACCOUNT SUSPENSION AND DELETION

At STAN’s initiative: In the event of non-compliance with these GCUA, STAN reserves the right, depending on the seriousness and repetition of the breaches observed by STAN, and in addition to any claim for damages where applicable:

Suspend a User’s Account for a limited period of Temporary suspension of a User’s Account is not a cause for termination of the Subscription taken out by the User concerned.
To purely and simply delete the User Deletion of a User Account automatically terminates the Subscriptions subscribed by the User concerned;
Depending on the seriousness of the breaches, STAN may also unilaterally decide to ban a User from its Site.

Any suspension or deletion will be notified to the User by e-mail to the address provided at the time of registration. All such measures (suspension, removal, banning) do not entail any compensation for the User. In the event of termination of a Stan Subscription and/or Artist Profile Subscription and/or deletion of a User Account by STAN, the User and/or Subscriber shall not be entitled to any reimbursement for the current contractual period and/or purchases of Stan Coins.

Examples of facts giving rise to permanent deletion of a User’s Account: Account suspensions on three occasions; commission of acts reprehensible by law, infringement of the rights of third parties and the intellectual property rights of STAN or the Artists, identity theft; attempted offences committed via the Application.

At the User’s initiative: the User may suspend his or her account, but remains liable for any sums remaining due for the current Subscription period. After a period of one month following suspension of the account at the User’s initiative, STAN may permanently delete the account.

In the event of deletion of the Account, either at STAN’s initiative or following deactivation of the Account by the User within the one-month period, all data stored therein (including Artist Content) will be permanently deleted, which the User expressly acknowledges. Any request for deletion of the Account is final, and does not give rise to any refund, whatever the subscription periods paid for in advance.

ARTICLE 17 – LEGAL WARRANTY

Consumers benefit from legal warranties as defined by articles L.224-25-12 et seq. of the French Consumer Code. The terms and conditions are those set out in the aforementioned articles of the French Consumer Code.

ARTICLE 18 – TAXATION

In accordance with article 242 bis of the French General Tax Code, STAN informs Artists and Users that the income generated by the Application may entail tax, social security and reporting obligations.

As part of the platform’s legal obligation to provide fair, clear and transparent information on the tax and social security obligations incumbent on its Users, we invite you to consult the following websites of the social security and tax authorities, which set out the tax and social security contributions applicable to sums received via our platform, as well as the reporting and payment obligations and penalties:

– on www.impots.gouv.fr, on the obligations tax obligations, link following: https://www.impots.gouv.fr/portail/node/10841

– on www.urssaf.fr, on the obligations , link following : https://www.urssaf.fr/portail/home/espaces-dedies/activites-relevant-de-leconomie.html

The information provided by STAN is given for information purposes only and does not replace the reading of legislative texts, administrative comments and French case law. Each User and each Artist is solely responsible for his or her own legal obligations, in particular tax and social security obligations.

Users and Artists are invited to consult a competent advisor in order to establish precisely all the obligations incumbent upon them in this respect.

ARTICLE 19 – RGPD

Data collection and use :

STAN undertakes to comply with all laws on the protection of personal data, in particular by informing the User of the existence and methods of processing personal data (hereinafter referred to as «the Data»), of the User’s rights concerning his or her Data, of the existence of any transfers to a third country, of the length of time the Data collected will be kept and of Data security measures.

By accessing the Site, and in the context of creating and using his/her account, the User may be required to provide STAN with Data concerning him/herself or third parties. Before communicating Data concerning third parties, the User is solely responsible for obtaining their prior consent.

The User is therefore informed and expressly accepts that his/her Data may be collected and processed by STAN under the terms and conditions set out below.

User Data is collected via the registration form and/or Subscription subscription for the following purposes:

Managing access to and operation of the Application ;
Managing and monitoring account creation and customer relations in general;
Sales and marketing management ;
Improving and personalizing the services offered to customers on the Application;
Compliance with legal and regulatory

The User is informed, at the time of collection of his/her Data, whether or not the transmission of his/her Data is mandatory in order to provide the services offered by the Platform. Where applicable, the User is informed that failure to transmit such Data may prevent the provision of the Services.

Data is kept only for as long as is strictly necessary for the aforementioned purposes and in accordance with applicable regulations.

The Data collected or processed may be transmitted to service providers and contractual partners of STAN who intervene and contribute to the management of the Services and for whom it is necessary to access the Data provided by the User. These service providers and third-party partners are subcontractors within the meaning of French legislation and European regulations.

The User is also informed that some of the Data may be transferred outside the European Union. In this case, STAN guarantees that the recipient country or company provides a sufficient level of protection for the Data transferred, in accordance with French and European regulations. STAN undertakes to protect and ensure the security and confidentiality of the User’s Data, in particular by implementing the appropriate technical and organizational measures to guarantee the security and confidentiality of the Data and, in particular, to prevent it from being damaged, distorted or communicated to unauthorized third parties.

Right of access, rectification and opposition :

In accordance with French legislation and European regulations on the protection of personal data, the User has the following rights:

a right of access to the Data concerning him/her;
a right of rectification of the Data concerning him;
the right to object to the collection and processing of personal data;
a right to the deletion of Data concerning him/her;
the right to limit the collection and processing of personal data;
a right to portability of the Data concerning him/her.

The User may exercise these rights by sending a request by email or by post to STAN at the following address rgpd@stangroup.fr, indicating his/her surname, first name, email address and enclosing a copy of a valid form of identification.

STAN will reply to any request made on the basis of one or more of the aforementioned rights within two months of receipt of the request.

Cookie management :

A «cookie» is an information file of limited size, installed on the User’s personal equipment by the websites the User visits. Cookies are used to store browsing information, such as browsing preferences or profile information. Cookies may be created by STAN, in which case they are referred to as internal cookies, or they may come from third-party sites. Some internal cookies are necessary for STAN’s website to function optimally.

Other internal cookies are not necessary for the operation of the STAN website. Third-party cookies come from third-party sites and are not necessary for the operation of the STAN website. On the User’s first visit to the website published by STAN, a banner informs him/her of the presence of these cookies and invites him/her to indicate his/her choice. Cookies are only placed if the User accepts them. The User may at any time object to all or part of the cookies and delete them using the settings on his or her browser. However, if the User objects to the cookies necessary for the operation of the website published by STAN, the User’s experience may be degraded.

Unless deleted by the User, cookies are stored on his/her equipment for a maximum period of 13 months.

Some cookies are used for audience measurement purposes. These are :

Analytical and performance They help to estimate the number of visitors and evaluate their habits of use of the website published by STAN.
Targeting or advertising These help to recognize the User when he/she returns to the website published by STAN and enable the website published by STAN to be personalized or to propose targeted offers according to the User’s centers of interest. Refusing advertising cookies will not stop advertising during browsing. It will only have the effect of displaying advertisements that do not take into account the User’s centers of interest or preferences.

The User’s choices regarding cookies can be expressed directly via his terminal. In this case, they can authorize or refuse the storage of cookies on their terminal by using the appropriate settings on their Internet browser. Cookie settings may vary from one browser to another.

For Internet Explorer : http://windows.microsoft.com/fr-FR/windows-vista/Block-or-allow-cookies
For Safari : http://support.apple.com/kb/PH5042
For Chrome : http://support.google.com/chrome/bin/answer.py?hl=fr&hlrm=en&answer=95647
For Firefox : http://support.mozilla.org/fr/kb/Activer%20et%20d%C3%A9sactiver%20les%20cookies
For Opera : http://help.opera.com/Windows/10.20/fr/cookies.html

ARTICLE 20 – SPECIAL PROVISIONS

Users and Artists authorize STAN to involve any subcontractor of its choice in t h e performance of the present Agreement and the Services, and therefore accept that STAN may disclose to its subcontractors the information necessary for the performance of the present Agreement.

ARTICLE 21 – MODIFICATION OF THE GENERAL TERMS AND CONDITIONS OF SALE

These GCU apply to all Users browsing the Application. STAN reserves the right to modify and update the GTCU at any time, in particular to adapt to changes in legislation or regulations. Users will be notified of any changes to these GTUs. The applicable GTUs are those in force at the time of browsing the Platform.

The nullity of one of the clauses of the present GCU shall not entail the nullity of the other clauses of the GCU as a whole, which shall retain their full effect and scope. In such a case, the Parties shall, insofar as possible, replace the nullified stipulation with a valid stipulation corresponding to the spirit and purpose of these GTCU. STAN’s failure to exercise its rights hereunder shall in no event be construed as a waiver of said rights.

ARTICLE 22 – TRANSFER

In the event of a change in the legal form and/or legal personality of STAN, including in the event of a sale, merger or partial contribution of assets, the GCUA will continue to be in full force and effect for the remaining period. In addition, STAN may transfer, subcontract, license or delegate all or part of the GCUA to an Affiliate or a third party of its choice.

ARTICLE 23 – APPLICABLE LAW AND LITIGATION

These GCU are governed by French law.

In the event of a dispute, the User must make an amicable complaint to STAN by e-mail to the following address: support@stangroup.fr

Or by post to the following address:

If the amicable claim fails, the parties may submit the dispute to the mediator, the Centre de médiation de la consommation de conciliateurs de justice (CM2C). The mediator’s contact details are as follows:

Consumer mediation center of justice conciliators (CM2C)
14 rue Saint Jean 75017 Paris
+33609204886
https://www.cm2c.net.

The parties remain free to accept or refuse recourse to mediation and, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator.

Please note that in accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an online dispute resolution platform, facilitating the independent out-of-court settlement of disputes between consumers and professionals in the European Union. The platform can be accessed at the following link:

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR

If mediation fails, or if mediation is not used, for professional Users, any dispute arising from the GTCU will be settled by the courts within the jurisdiction of the Paris Court of Appeal. For Users who are consumers, the dispute will be settled by the competent court.