Pentos.co is an online service accessible at https://pentos.co (hereinafter “the Site”), provided by AGAB S.A.S. with a capital of €1.000,00, registered with the Creteil registry of commerce and companies under no. 879 239 572 , with its registered office located at 65 avenue sainte marie 94160 Saint Mande (France) (hereinafter “Pentos”), providing online services of statistical and charts data, and content in relation to the exploitation of recorded music in the world at large (hereinafter “the Service”).
ARTICLE 1 – PURPOSE AND PRIOR ACCEPTANCE
1.1. These TOS establish the contractual obligations between Pentos and any User desiring to access, consult, view and more generally use the Service with any device (personal computer, digital tablet, mobile phone).
1.2. The applicable TOS are those in force when the User creates an Account. The use of the Service, registration, Subscription or payment entails the User’s full and complete acceptance to the TOS in force. Any User who does not wish to adhere to, and comply with, the applicable TOS in their entirety must refrain from using the Service and, if applicable, close his/her Account.
1.3. Pentos reserves the right to modify the Service and the present TOS at any time, as provided herein. Consequently, Users undertake to regularly refer to the TOS to be aware of any changes that may be made, being specified that any substantial modification of these TOS will be subject to the User’s consent.
ARTICLE 2 – DESCRIPTION OF THE SERVICE
2.1. The Service offers Users the ability to view data, information and content relating to artists, phonographic and videographic recordings and albums, related statistics on sales, listening, viewing, charts and links to social networks accounts and other content and websites, accessible on a dashboard, with aggregation and analysis functionalities and tools.
The number and variety of features provided within the Service, and the access given, vary according to the Subscription of the User and, where the User has not taken out a Subscription but accesses the Service upon the invitation or delegation of another User, according to the access granted by this User.
2.2. Pentos remains free to modify the layout, presentation and graphic design of its Service and of the site(s), application(s) or other mediums or platforms on which it is made available.
2.3. Pentos remains sole decision-maker as to the way in which the features and tools of the Service are made available to Users and, where applicable, any associated advertising is displayed. Users may not, in this regard, assert any claims, action or damage due to the modification or removal of whatever editorial content and/or functionality of the Service, unless it is an essential part of the Subscription chosen.
ARTICLE 3 – AVAILABILITY OF THE SERVICE
3.1. The Service is available online and requires Users to have, by their own means, an adequate and compatible computer equipment, and internet access, the costs of which shall be borne by the User.
3.2. Subject to technical or material constraints, Pentos offers the Service 24 hours a day, 7 days a week. Users are informed that Pentos may interrupt direct or indirect access to the Service, in particular for technical or editorial reasons (such as maintenance, updating, etc.), if necessary, without prior notice or information to Users, even if Pentos will endeavor to inform Users in due time, subject to any technical and/or security requirements.
3.3 It is reminded that the proper functioning of the Service and the data made available on the Service depend in part on third parties and the data they make available for use. As such, Pentos cannot be bound by any obligation (whether best-efforts or result driven), as to the extent, quantity, relevance and accuracy of the third party data provided within the Service.
ARTICLE 4 – ACCESS TO SERVICE
4.1. The functionalities of the Service are provided in consideration of a fee, subject to free trial periods that may be offered on an exceptional basis and under limited conditions of duration and access. Pricing is set by Pentos depending in particular on the extent of the features available, the duration of Subscription and the number of artists whose data and information may be consulted.
4.2. In order to access the Service, each User must create beforehand an Account including compulsory information (such as his/her name, contact details, valid email address, etc.) which must be accurate and sincere (hereinafter an “Account“).
Pentos reserves the possibility to refuse the registration or subscription of any User, who may have caused difficulties in the past in relation to invoice payments or whose behavior may have proven to be contrary to these TOS or to applicable legislation.
When creating his/her Account, the User will take out a Subscription or will be invited to use the Service as part of another User ‘s Subscription:
- The “Subscribed User” subscribes to a paid Subscription and is responsible for its payment and for all Users to whom he/she grants consulting and administration permissions for this Subscription.
- The User without a Subscription is invited and appointed by a Subscribed User, directly or by the intermediary of another User acting on his/her behalf, to access to all or part of the Service within the Subscription taken out by the Subscribed User and, where applicable, may be granted administrative powers on the Subscription (payments, operations relating to invoicing, invitation of other Users, etc.), depending of the rights granted by the Subscribed User.
The Subscribed User, as the person responsible for the Subscription to the Service, has the possibility to invite other Users to access his/her Subscription, according to the delegations and access permissions he/she determines. As such, the Subscribed User acknowledges and agrees that all of his/her Users shall comply with these TOS in their entirety and guarantees such compliance on their behalf, being reminded that any breach by a User in the context of a Subscription may have an effect on the Subscription as a whole.
4.3. Pentos may allow new Subscribed Users (and any other User authorized by the latter) to access the Service free of charge for a limited period of time from the date of creation of a new Subscribed User Account (hereinafter the “Trial Period”). At the end of this Trial Period, the User will be free to take out a Subscription in accordance with the provisions of Article 5 below or to cease using the Service.
4.4. Each Account is personal and may not be used by anyone other than the User. It cannot be transferred, shared or assigned to a third party, even between Users of the same company, entity or group, or more generally between Users who depend on the same Subscription.
Each User undertakes to keep his/her login details private and confidential and not to disclose them. Each User is solely responsible for access to his/her Account with his/her login and password, unless there is evidence of fraudulent use by a third party.
4.5. An Account may be terminated at any time (i) by the User, as provided for in these TOS or (ii) by Pentos in the event of a breach of the provisions of these TOS or violation of applicable legislation, or in the event of outstanding payments.
Users acknowledges and accepts that the termination of their Account implies the permanent deletion of all data, settings, information saved therein, which may not give rise to any financial or other compensatory claim. Any breach by a User may entail the termination of the Subscribed User Account, of which he/she depends and who is responsible for him/her.
4.6. Duration of Subscription
Following the opening of their Account, if applicable following a free Trial Period, Users will be invited to choose the type of subscription which they intend to take out (hereinafter the “Subscription”).
The duration of each Subscription is chosen by the User on the basis of one or more months, starting from the day the Account is created.
Unless terminated before its expiry by the User, the Subscription will be tacitly renewed for the same duration as the one initially subscribed. For example, the Subscription will be renewed for a new duration of one month if the ongoing Subscription was monthly or for a new duration of twelve months if the ongoing Subscription was annual.
Unless agreed otherwise in writing by Pentos, a Subscription may not be terminated before its term, except when a User wishes to benefit from data and/or functionalities pertaining to a higher level of Subscription, in which case the Subscription in progress will end from the effective date of the new Subscription. Such modification will be subject to Pentos approval, in which case an amount corresponding pro rata to the duration of the remaining ongoing Subscription shall be deducted from the price of the new Subscription.
4.7. Pricing conditions
The financial terms of Subscription to the Service are expressed in euros excluding taxes.
The applicable monthly and annual rates are those indicated in the rate sheet in force on the day on which the Subscription is taken out.
Subscription rates are subject to change by Pentos, in which case they will apply to any contract period following their entry into force.
4.8. Terms of payment
Depending on the duration of the Subscription chosen by the User, the fee is payable monthly, annually or at another frequency corresponding to the standard duration of the Subscription.
The Subscribed User undertakes to provide Pentos at once with all information necessary for invoicing. The Subscribed User (or any other User delegated by him/her and/or acting on his/her behalf) shall proceed to the payment timely, using payment methods available on the Site (such as payment by credit card).
Unless otherwise stipulated or agreed, the Subscription fees are payable in advance. Failure to pay shall prevent accessibility and the normal and complete use of the Service.
4.9. Termination of Subscription
The Subscribed User (or any other User delegated by him/her and/or acting on his/her behalf) may terminate his/her Subscription directly from his Account online or by written notice to AGAB SAS, 65 avenue sainte marie 94160 sainte mande (France) or by email at: email@example.com. Termination will be effective at the end of the current Subscription period, provided that the request has been sent at least 48 (forty-eight) hours before the end of the ongoing period, and until the end date such as indicated on the User Account.
The closing of a Subscribed User Account shall necessarily result in the termination of the current Subscription and will therefore occur at the end of the current Subscription period.
ARTICLE 5 – CONDITION OF USE OF THE SERVICE
5.1. All Users undertake not to contravene with applicable legislation and the legitimate interests of third parties and of Pentos. To this end, when Users use any of the Service features, when he/she is invited to, or has the possibility of, uploading, suggesting, modifying data or information on the Service, Users undertake in particular to abstain from the following:
- Using the Service, or any element thereof, in a commercial form without the prior written authorization of Pentos, subject to data sharing expressly permitted by the Service, in a professional setting but non-commercial only;
- Disseminating data, information or content that is false, incorrect, misleading, defamatory or offensive;
- Violating applicable legislation, in particular legislation relating to intellectual property notably by publishing infringing content (including the creation of hyperlinks to websites offering infringing content or by simply providing information relating to such websites), to personality rights, to image rights and to press law;
- Using the Service in order to send, in any form whatsoever, unsolicited advertising or promotional content;
- Copying, modifying, or distributing content, data, information from Pentos or from the Service, free of charge or in consideration of a payment, without the consent of Pentos, particularly under circumstances which may suggest a partnership with Pentos;
- Usurping the identity of a User; attempting to mislead other Users by usurping an identity, a corporate name, trade name, or by damaging the image or reputation of others, by posing as a third party or a person affiliated with Pentos;
- Collecting, by any means, information about Users without their consent;
- Hacking or engaging in any act of fraudulent collection of personal data;
- Spreading viruses, malware or other devices likely to harm Pentos or Users of the Service;
- Using, in the framework of classification or ranking tools provided on the Service, any automated means which permit a massive voting, thereby creating an artificial overload of the server;
- Interfering or attempting to interfere with the operation and/or accessibility of the Service or any other service and/or content accessible on the Internet;
- Using any automated system or software to scrape or extract data from the Site (screen data capture or « screen scraping » / « data scraping »).
In the event that a User does not observe one of the provisions referred to above, Pentos reserves the right to suspend or remove a User’s access to the Service and/or any Account connected to the same Subscription.
5.2. The Service is reserved to an individual use by the User within the framework of his/her professional activities. Any public exploitation of the Service and data collected and aggregated, without the authorization of Pentos, is prohibited. Users undertake not to exploit or communicate to third parties any information, data, content, notifications, analyses, reports, documents or any other element emanating from his/her use of the Service or the Site, except when sharing tools are specifically made available to Users by Pentos.
In general, as long as this does not cause prejudice to the activities of Pentos or cause undue prejudice to the legitimate interests of Pentos, it will be tolerated that a User communicates, for business purposes, to co-contractors, clients and prospects, data and information derived from his/her use of the Service, provided that: this communication is not directly or indirectly incorporated into a service offer of the User to third parties; the integrity of the data and its presentation is not altered or disparaging with respect to Pentos; such communication is occasional and not customary or frequent; it is free and in no way remunerated, directly or indirectly; that the mention of the address of the Site (www.pentos.co) is systematically visible and, if applicable, on each page so as to clearly identify the source of the information concerned.
ARTICLE 6 – HYPERLINKS
6.1. Hyperlinks accessible on the Service may redirect Users to other websites or other Internet sources. As Pentos is not able to control these sites and external sources, Users acknowledge that Pentos cannot be held liable for the content, advertisements, products, services or other material available on or from these websites or external sources.
Moreover, Users acknowledge that Pentos cannot be held liable for any loss or damage in connection with the use of content, goods or services available on these sites or external sources. Likewise, Pentos cannot be held responsible if the content of such websites violates applicable legislation or regulations. Any error or illegal content originating from such websites must be reported to Pentos by the means made available on the Site.
6.2. Any sharing of a medium or material authorized by Pentos and originating from the Service or incorporating data or elements from the Service or from Pentos shall systematically include a link to the Pentos homepage in the following form: « Source: www.pentos.co ».
In all other cases, the implementation by the User of hyperlinks directing to all or part of the Service is prohibited, except with the prior written consent of Pentos.
Pentos is free to refuse this authorization without having to justify its decision. In the event that Pentos grants an authorization, it shall be temporary and may be withdrawn at any time, without any justification needed by Pentos.
ARTICLE 7 – INTELLECTUAL PROPERTY
7.1. All elements (texts, images, photographs, sounds, software, icons, graphics, layout, database, trademarks, logos, etc.) of the Service, including its structure and editorial content, are protected by intellectual property rights and notably copyright, trademark, database rights, of which Pentos is the owner, assignee or licensee, subject to elements owned by third parties. Therefore, any reproduction, representation, adaptation, translation and/or transformation, in part or in full, or use of any element of the Service cannot take place without the express written prior consent of Pentos.
7.2. Furthermore, Pentos is the owner of the Pentos trademark. By way of consequence, any reproduction, imitation or use of the Pentos trademark is prohibited without prior written permission of Pentos.
ARTICLE 8 – PERSONAL DATA
The data collected by Pentos comprises on the one hand the data that the User provides and on the other hand the information that is collected in an automated way. The creation of an Account involves the communication of personal data to Pentos by Users. Users are informed that the refusal to disclose information labelled as mandatory during the registration process will prevent the creation of the Account and the use of certain features.
In accordance with applicable legislation on data protection, all Users have a right to access, rectify and erase their personal data held by Pentos, that may be exercised in writing at the following address: AGAB, 65 avenue sainte marie 94160 sainte mande (France); firstname.lastname@example.org.
ARTICLE 9 – RESPONSABILITY – WARRANTIES
9.1. Each User undertakes to comply with the terms of the present TOS and acknowledges that any violation thereof, by himself/herself or by any other User related to the same Subscription, may result in the immediate suspension of his/her Account, temporarily or definitively, without compensation or right to reimbursement, and without prejudice to any legal action that may be undertaken by Pentos.
Each User is responsible for his/her behaviour and the Subscribed User acknowledges that his/her responsibility may be engaged for any act or behaviour of a User, to whom he/she has granted access to the Service via his/her Subscription.
9.2. Users are informed that the data made available and aggregated by Pentos originates notably from third-party sources, the accuracy and precision of which do not pertain to the responsibility of Pentos. In order to provide the Service, Pentos processes raw information and data originating from numerous third parties, before their aggregation and reprocessing. Therefore, Pentos grants no warranty in relation to the accuracy or reliability of the information and data provided as part of the Service, even though Pentos will make its best efforts to provide reliable data and information via the Service.
Pentos does not grant any warranty with regard to the ability of the Service and its features and information to meet the expectations of the User’s professional or commercial activities, including for accounting or legal purposes.
Pentos does not grant any guarantee with regard to any decision made in reliance on the Service and the features and information provided. Any use of the Service in a professional, commercial, accounting or legal framework shall remain under the exclusive responsibility of the User.
Furthermore, Pentos assumes no responsibility in the event of misunderstanding or misinterpretation by a User of data presented and made available on the Service. In case of doubt or difficulty of understanding, Users are invited to get in touch with Pentos at the following email address: email@example.com.
9.3. In the event where Pentos' liability is engaged, on whichever legal basis (including in the event of a third party claim), it is expressly agreed that, to the furthest extent admitted by applicable law, Pentos maximal liability shall be limited to the aggregate amount of fees paid by the User to Pentos during the six (6) months preceding the date Pentos' liability was engaged.
9.4 In any event, Pentos shall not be held liable in the following cases: in the event of indirect prejudice suffered by a User, in the event of errors or omissions that are involuntary or which originate from erroneous third-party information, data or content, in the event of removal of features from the Service for any reason whatsoever, and more generally, in the event of a User’s non-compliance with the present TOS.
ARTICLE 10 – FORCE MAJEURE
Circumstances considered as cases of force majeure, shall be those usually accepted as such by case law of the French Cour de Cassation and/or within the meaning of article 1218 of the French Civil Code. Pentos cannot be held liable to the User for any failure of the Service due to an event of force majeure or individual acts by the User.
ARTICLE 11 – REPORTING AN ABUSE OR ERROR
Any User may report, in accordance with the conditions prescribed by law, abusive content or an error related to data or information, by clicking on the “Contact” link or by writing directly to the email address firstname.lastname@example.org or to the following postal address: AGAB , 65 avenue sainte marie 94160 sainte mande (France).
Any report must enable Pentos to identify the reported content and the reason of the notification. Pentos may, where appropriate, request that the User provides all useful details and supporting documents for the assessment of the facts reported and the User undertakes to provide all his/her cooperation in this regard.
ARTICLE 12 – GOVERNING LAW AND JURISDICTION
The present TOS are governed by French law. Failing an amicable settlement, any dispute relating to their validity, their interpretation or their execution shall pertain to French courts.
ARTICLE 13 – MISCELLANEOUS PROVISIONS
13.1. In the event that any provision contained in these TOS is held to be illegal, invalid or unenforceable, for any reason whatsoever, it shall be considered as though it had not been written and the remaining provisions of these TOS shall remain in effect and continue to apply between Users and Pentos.
13.2. Nothing in these TOS affects the rights that a User has in a capacity as consumer, which rights cannot be altered or which the User cannot relinquish within the framework of a contract. As a result, some of the restrictions and limitations mentioned in these TOS will not apply to Users who use the Service as a consumer (i.e. any natural person acting for purposes that are not part of his/her commercial, industrial, artisanal or liberal activity) residing in a country of the European Union.
In the event where the User uses the Service as a consumer, the User acknowledges and expressly agrees (i) that the provision of the Service starts immediately after the validation of his/her registration with the Pentos Service, that is to say before the end of the fourteen clear days period provided by law and (ii) acknowledges and agrees accordingly not to benefit from the right of withdrawal related to the online sale. Consequently, no request for withdrawal, cancellation or refund will be admissible for the period subscribed.
ARTICLE 14 – GENERAL
The Service is accessible at the URL address https://pentos.co and at any other address designated by Pentos.
The Service is published by SOUNDCHARTS S.A.S., a company incorporated under French law, with a capital of €1.000,00, registered with the Creteil registry of commerce and companies under no. 879 239 572 , with its registered office located at 65 avenue sainte marie 94160 sainte mande (France), and whose President is Mr Thibault Le Ouay.
For any questions about the company or the service, please send your questions by email to: email@example.com.
The website’s Director of the Publication is Mr. Thibault Le Ouay.
The information on the hosting provider of the Service is provided in the section “Legal Notice”.
Last updated on: 1 September 2019