Legal notices and general terms and conditions of use of the website
BIRDLAND is the editor of the site https://www.birdlandentertainment.com/
In order to inform users of their rights and obligations when they visit the Site and use the services and content offered on it, BIRDLAND has set rules for the use of the Site.
For the purposes of these general terms and conditions of use, the following words have the following definition:
“General Terms and Conditions of Use”: means all the stipulations provided herein to define the terms and rules of access and use of the Site.
“Contents”: means all the information and data made available to Users on the Site.
“Site” means the online public communication service published by BIRDLAND and located at the following URL address: and/or to any other address that may be added to or substituted for it.
“Player”: means the tool for broadcasting and playing video, audio and photo files made available to Users on the Site. The Player may include a Player code, in the form of computer code, which allows any third party to display the files from other sites or blog, through the Player under the conditions of Article 1.2.
“Service(s)”: means the provision of tools, including the recruitment service, the Player, the Content sharing modules and more generally any other service offered by BIRDLAND on the Site.
“User”: means persons accessing the Site in order to consult and use the Services and contents under the conditions defined in these Terms and Conditions of Use.
2. Legal notices
The Site is the property of AMUSE, a SAS with a capital of 10,000 euros, registered in the Paris Trade and Companies Register under number 799 220 934, whose head office is located at 88, rue de la Folie Méricourt – 75011 Paris.
The publishing director of the site is Mr Arthur LENER, in his capacity as President of AMUSE.
Servers Hosted by Amazon Web Services, Inc, P.O. Box 81226, Seattle, WA 98108-1226
The purpose of these General Terms and Conditions of Use is to define the contractual relations between Users and BIRDLAND concerning access and use of the Site and Services.
4. Acceptance of the general terms and conditions of use
BIRDLAND reserves the right to modify the General Conditions of Use at any time. Changes made by BIRDLAND to the General Conditions of Use shall be enforceable against Users from the moment they are published on the Site.
Consequently, all Users are invited to regularly consult the General Conditions of Use. Each new connection to the Site implies the acceptance of the latest version of the General Terms and Conditions of Use.
To access the Site, minors must obtain the authorization of their parents or guardians.
6. Service availability
BIRDLAND will make its best efforts to keep the Site and Services accessible 7 days a week and 24 hours a day.
BIRDLAND may interrupt access, in particular for technical reasons. BIRDLAND is in no case responsible for these interruptions and the consequences which can result from them.
The use of the Services requires an Internet connection and adequate computer equipment, all costs, fees, subscriptions and taxes of which are independent of the Services offered by BIRDLAND and at the User’s exclusive expense.
It is the responsibility of all Users to take all appropriate measures to protect their own data and software against any damage or injury and in particular from contamination by any viruses circulating on the Internet. The User also undertakes not to hinder the operation of the Site and the Services in any way whatsoever and in particular not to use any computer program intended to reach or make unavailable the Site, the Services and more generally the BIRDLAND information system.
Furthermore, all Users declare that they are fully aware of the characteristics and constraints of the Internet, and in particular the fact that data and information transmissions on the Internet only benefit from relative technical reliability, as they circulate on heterogeneous networks with various characteristics and technical capacities, which may disrupt access or make it impossible at certain times.
1.1. The Site and Services
The Site, including all texts, illustrations, videos, images, sounds, data, databases and programs, including software and other underlying technology, and more broadly all original works composing the Site, are protected by copyrights and/or other rights that BIRDLAND holds or is authorized to use.
Except in cases authorized by law and without prior authorization from BIRDLAND and its assigns, any reproduction or representation of the Site and its Content, any extraction of data is prohibited and constitutes an act of infringement punishable under civil and criminal law. This prohibition includes copying, disintegrating, downloading, recording and generally hacking into the Content made available on the Site.
1.2. The Player
The Player, which allows in particular to view the Contents present on the Sites, is the exclusive property of BIRDLAND.
1.2.1. Using the Player
It is prohibited to reproduce, copy, modify, alter, delete, exchange or exploit, directly or indirectly for commercial purposes or for any remuneration, profit or advantage, direct or indirect, all or part of the Player and its Content.
Any backup or download, regardless of the process or medium used for this purpose, of all or part of the Content is expressly prohibited without the prior written permission of BIRDLAND.
Editing, making available to the public or communicating to the public a software, an application, a site, etc. that allows the normal use of the Player to be circumvented is not authorized.
1.2.2. Player export
Exporting the Player allows you to export the Site Content to other websites or blogs by copying and pasting the computer code provided for this purpose. Except express agreement of BIRDLAND, this faculty is addressed only to the private individuals as well as to the media sites, for the needs of information of the public and only if the function export or “embed” is proposed on the Site in question. Otherwise, the Player cannot be exported.
The Player may only be used and exported for non-commercial purposes. The User undertakes not to associate, directly or indirectly, the Player or the sequences integrated into the Player with any commercial products.
More generally, the User undertakes not to associate the Player’s Content, in any way whatsoever, with a political, violent, pornographic environment or which, in a general way, would harm the law or the regulations in force and/or which would harm BIRDLAND‘s image and/or reputation.
The User agrees not to modify, create a service or a derivative work, compile Content and in particular several sequences integrated into the Player or block all or part of the Player’s features, including links to the Site.
In addition, as the Player may include one or more advertisements, it is strictly forbidden to anyone to hide, delete or modify any broadcast of advertising message through the Player.
Finally, the User agrees to be responsible for all authorizations necessary for the use of the Player on his website or blog and any payments due in particular to collective management societies, BIRDLAND providing no guarantee in this regard.
1.3 Content Protection
The Contents accessible by the User are digital files protected by national and international copyright and related rights. They are exclusively reserved for private use.
Any use beyond this framework is strictly prohibited, including resale, exchange, rental of digital files or their transfer to a third party, and exposes its author to legal proceedings (civil and criminal). In particular, any total or partial reproduction, modification or use of the intellectual property rights attached to the Services and the Sites, for any reason and on any medium whatsoever, without the prior express agreement of BIRDLAND, is strictly prohibited.
The technical protection measures (or “MTP” as understood in Article L. 331-5 of the Intellectual Property Code) make it possible to control their use and aim to offer the User maximum flexibility in the use of recordings while protecting the rights holders on the Content.
The User undertakes not to circumvent or undermine the said protection system, nor to encourage third parties to perform such acts.
BIRDLAND and/or its service providers cannot under any circumstances be held liable for any direct or indirect material and/or immaterial damage of any nature whatsoever resulting from the use or unavailability of the Site and Services.
BIRDLAND is not responsible for any delay in the execution or for any non execution of its obligations resulting from the General Conditions of Use which are due to force majeure.
9. Site suspension
10. Applicable law – competent jurisdiction
The French laws are applicable to the present.
The User undertakes to seek an amicable resolution of the dispute with BIRDLAND before any court action.
In the event of failure, disputes arising from the drafting, interpretation or execution of these Terms and Conditions of Use shall be submitted to the competent courts in Paris, including in summary proceedings or upon request, notwithstanding a warranty claim or multiple defendants. For Users acting as professionals, disputes shall be subject to the exclusive jurisdiction of the Paris Commercial Court.