Last update: [06/23/21]

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These Terms of Use govern all relations between the Website edited by MWM, whose identity and contact details are specified in the Mandatory Legal Notice section, and the user (“You”, “Your”).

 

ANY USER WHO WISHES TO USE THE WEBSITE IS DEEMED TO HAVE READ THESE TERMS OF USE. THESE TERMS OF USE ARE NOT CONDITIONS OR TERMS OF SALE OR CONDITIONS OR TERMS OF SERVICES. 

 

BY CONTINUING TO BROWSE THE WEBSITE, YOU ACKNOWLEDGE THAT YOU COMPLY WITH THESE TERMS OF USE.

 

These Terms of Use are intended to constitute the rule that must be observed by all users visiting the Website. Any Internet user required at each visit to take note of any changes in the latter, MWM reserving the right to modify them at any time.

 

1. Definition

 

The terms defined below shall have the following meanings between the Parties:

• Internet: network of networks allowing the exchange of information using a protocol called TCP/IP. The data is routed through networks of a different nature which are capable of reading messages according to this technical standard. Each element of this network belongs to private or public bodies which operate them in cooperation without necessarily implying a quality bilateral obligation;

• User: any person accessing and implementing the functionalities of this Website;

• Party, Parties: refers in the singular indiscriminately to MWM or the User, and in the plural to MWM and the User;

• Personal Data Protection Regulations: the French law of January 6th, 1978 relating to computing and personal freedom and and its updates and modifications ; and REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) ;

• Phase: either describes the hardware products sold by MWM, notably Phase controller in pack or as a standalone, and other products such as mixfader, cases, or other products sold on https://mwm-store.com; or the hardware department of MWM developing, selling and commercializing Phase products aforementioned and all of its activities.  

• Website : the website edited and published by MWM, accessible at www.phasedj.com.

 

    2. Purpose and Description

 

The purpose of these Terms of Use is to set the conditions of use of the Website and all the pages of the Website.

 

This Website is a portal website that allows Users to learn more about Phase, its activities and products, and to keep abreast of news about Phase.

 

Insofar as this is not a commercial website, there are no Terms of sale, nor any information relating to the security of payment methods.

 

    3. Effective Date - Duration

 

These Terms of Use’s effective date is the date they are put online as indicated at the top of this page and will be enforceable on the date of the first use of the Website by the User.

 

These Terms of Use are enforceable for the duration of your use of the Website and until new Terms of Use replace these.

 

The User may at any time renounce using the Website but remains responsible for any previous use.

​    4. Access to the Website

 

The access to the Website is free. In principle, it is accessible 24 hours a day, 7 days a week.

 

MWM strives to provide quality access and allow Users to use the means of communication made available to them under the best possible conditions.

 

Due to the nature and complexity of the Internet, and in particular, its technical performance and response times for consulting, querying or transferring information data, MWM makes its best efforts, in accordance with the best practices, to allow access and use of the Website. MWM cannot ensure absolute accessibility or availability of the Website.

 

However, MWM reserves the right, without notice or compensation, to temporarily or permanently close the Website, in particular to carry out updates, maintenance operations, modifications or changes to operational methods and servers, without this list being limited.

 

MWM is not responsible for any damage of any kind that may result from these changes or from a temporary unavailability or from the definitive closure of all or part of the Website or the services associated with it.

 

MWM reserves the right to supplement or modify, at any time, the Website and the services available therein according to technological developments.

 

It is up to the User to ensure the possibilities of development of the IT and transmission resources available to them so that these resources can adapt to changes in the Website.

 

    5. Hypertext links

• MWM reserves the right to set up hyperlinks on its Website giving access to web pages other than those of its Website over which MWM has no control.

MWM declines all responsibility for the conditions of access to these websites, their operation, their use of Users' Personal Data and the content of the information provided on these sites by activating hyperlinks.

 

The User who owns a website in a personal capacity and wishes to place on his website, for personal purposes, a simple link returning directly to the homepage of the Website, must obtain the express authorization of MWM to establish this link.

 

Under no circumstances can this authorization be qualified as an implicit affiliation agreement.

In any event, hypertext links to the Website without MWM’s prior authorization must be removed at MWM’s first request.

 

    6. Personal Data and Cookies

• In accordance with the Personal Data Protection Regulations, the User is informed that MWM, as controller, implements the processing of Personal Data.

 

To find out more about this processing of Personal Data and the extent of their rights, Users are invited to refer to the Privacy Policy, available at : Privacy policy.

 

    7. MWM Responsibility

 

    a) General responsibility

 

MWM cannot be deemed responsible for:

• the quality of the Website, the Website being offered "as is" ;

• disruption of the use of the Website;

• the impossibility to use the Website;

• computer security breaches, which may cause damage to Users' computer equipment and their data;

• infringement of the rights of Users in general.

​    b) Responsibility for the information on the Website

 

MWM cannot be deemed liable for any direct or indirect damages that may result from the access to or use of the Website or the information contained therein, whatever its nature.

 

MWM makes its best efforts to provide up-to-date information on its Website. All information brought to the attention of people accessing the site has been modified on a specific date.

 

The information on the Website reflects an opinion at the time of its creation and not at the time of consultation of the Website. The Information may require an update which may or may not have taken place on the date of their consultation for technical reasons.

 

MWM cannot be deemed liable for any errors or omissions. Any update, new service or new feature which improves or increases one or more existing information content will be subject to these conditions.

 

MWM declines all responsibility for the appropriateness of decisions and the terms of their execution taken by Users solely on the basis of the information published on the Website.

 

    8. Obligations of the User

 

The User undertakes to use the Website and all the information to which he may have access only to obtain information and for a purpose consistent with public order, good morals and the rights of third Parties.

 

Thus, it is forbidden to publish or transmit via the Website any element that is unlawful, harmful, defamatory, pornographic, hateful, racist or otherwise detrimental to human dignity in particular. In the event that MWM is informed of the presence of illegal content on the Website, MWM would be entitled to immediately remove the content.

 

The User also agrees not to disrupt the use that other Users may make of this Website and not to access parts of the Website to which access is restricted.

 

    9. Intellectual Property

 

The content of the Website, the general structure as well as the software, texts, videos, images, animated or not, photographs, its know-how and all the other elements composing the Website are the exclusive property of MWM or of third parties who have granted it a license.

 

These Terms of Use do not imply any transfer of any kind of intellectual property right on elements belonging to MWM nor on elements of partners or third parties who have granted it a license, such as sounds, photographs, images, literary texts, artistic works, software, brands, graphic charters, logos for the benefit of the consumer.

 

The User is prohibited in particular from modifying, copying, reproducing, downloading, distributing, transmitting, commercially exploiting and / or distributing in any way the pages of the Website, or the computer codes of the elements composing the Website.

 

Any reproduction and / or representation, in whole or in part, of one of these rights, without the express authorization of MWM, is prohibited and constitutes an infringement liable to engage the civil and criminal liability of the infringer.

 

Consequently, the User refrains from any action or any act likely to directly or indirectly infringe the intellectual property rights of MWM.

 

The same applies to the databases appearing, where applicable, on the Website which are protected by articles of the French Intellectual Property Code. Any total or partial extraction or reuse of said databases and their content is therefore prohibited without the express prior authorization of MWM.

 

The distinctive marks of MWM and its partners, such as domain names, brands, names and logos appearing on the Website are protected by the French Intellectual Property Code. Any total or partial reproduction of these distinctive signs made from elements of the Website without the express authorization of MWM is therefore prohibited, within the meaning of the French Intellectual Property Code.

 

Only use in accordance with the purpose of the Website is authorized.

 

Any other use, not expressly authorized in writing and in advance by MWM, is prohibited and constitutes an infringement.

 

    10. Tolerance

•  

The Parties mutually agree that the fact that one Party tolerates a situation, whatever the frequency and duration, does not have the effect of granting the other Party acquired rights, nor modify these Terms of Use.

 

Furthermore, such tolerance cannot be interpreted as a waiver of the rights in question.

 

    11. Nullity

 

If one or more stipulations of these Terms of Use are held to be invalid or declared as such in application of a law, a regulation or following a decision which has become res judicata of a competent court, the other stipulations will retain all their force and scope.

 

    12. Legal address

 

For the execution of this agreement and except for special provisions, the User agrees to address all correspondence to the head office of MWM as stated in the Mandatory Legal Notice.

 

    13. Applicable law

 

These Terms of Use of the Website are governed by French law.

 

This is the case for the substantive and procedural rules, notwithstanding the places of performance of substantial or ancillary obligations.