GENERAL TERMS & CONDITIONS OF USE (GTCU) OF THE LOFIGIRL.COM WEBSITE DATED 12/04/2022

Table of contents

• Article 1: Definitions 
• Article 2: Enforceability and modifications of the GTCU
• Article 3: Purpose 
• Article 4 : Acceptance of the GTCU
• Article 5: Use of the Site and creation of an account 
• Article 6: Technical requirements
• Article 7 : Obligations and responsibility of LOFI 
• Article 8: Obligations and responsibility of the User
• Article 9: Availability and access
• Article 10: Personal data
• Article 11: Intellectual Property 
• Article 12: Advertising and third party sites
• Article 13: Agreement of proof 
• Article 14: Language
• Article 15: Applicable law – Disputes 
• Article 16: Nullity of a clause
  
  
  

The Service is provided by CC RECORDS FZE LLC (hereinafter LOFI).

The Site is freely accessible. 

The GTCU define and govern the terms and conditions of access and navigation of the User on the Site, and determine the respective rights and obligations of the User and LOFI in the context of the use of the Site.

Article 1: Definitions 

“Beatmakers” refers to the authors of the tracks broadcast on the Site and the accounts that LOFI holds on social networks;

“Illustrators” refers to the designers of the illustrations available on the Site and the accounts held by LOFI on social networks; 

“Parties” means both LOFI and the User;

“Site” means the website www.lofigirl.com and www.lofirecords.com on which the Service is offered;

“Service” means all the services offered by LOFI on the Site;

“User(s)” means the natural person(s) who uses the Site (with or without registration). 

Article 2: Enforceability and modifications of the GTCU

The GTCU constitute the only contractual document opposable to the Parties, to the exclusion of any other physical or digital document, prospectus, catalogs or photographs of the products which have only an indicative value.

LOFI may modify the GTCU as needed. In this case, the modifications made will only be applicable after the expiration of a period of 30 working days from the modification. The User is invited to consult this page regularly and to watch out for possible changes compared to the previous versions. If the User has a personal account, the User will be informed by e-mail of any changes to the GTCU.

LOFI keeps each version of its GTCU and can send them to the User upon request. 

The conditions of the publishers of the programs, independent of LOFI, included in the Site, are applicable cumulatively with the present GTCU, which the User accepts without reserve. 

Article 3: Purpose 

LOFI, through its Site and its social network accounts, offers to broadcast, stream, download and share tracks as well as to broadcast and download illustrations in the strict respect of the patrimonial rights held by LOFI on the works it makes available. 

LOFI also offers the creation of a customizable content (avatar) using its tool called LOFI GENERATOR.

Article 4 : Acceptance of the GTCU

Simply browsing the Site implies full and complete acceptance of these GTCU by the User. 

In case of creation of a personal account on the Site, the User will have to confirm his acceptance by checking the corresponding box. The User will then acknowledge having fully understood and accepted them without restriction.

Article 5: Use of the Site and creation of an account 

The use of the Site, as well as the creation of a personal account, are free.

The use of the Site by a User does not require the prior creation of an account. 

If the User wishes to create a personal account, to download an album or an illustration of a Beatmaker or an Illustrator, he will have to fill in a registration form including: his name, his first name, his e-mail address. He will have to choose a password. His email address will be his login.

A User who has created an account has the possibility to personalize his profile:

– Changing the password ;

– Changing preferences ;

– Modification of the coordinates.

The login and password are personal, confidential, and not transferable to third parties. The User is the owner of the account created and has access to it through his login and password.  

It is the User’s responsibility to maintain the confidentiality of this combination allowing access to his account. Otherwise, LOFI cannot be held responsible for any fraudulent use of this information. 

If the User loses and/or forgets his password, he may request a password reset from the Site. 

After having previously notified the User, LOFI may, for the needs of the operation of the Service, to preserve the security of the data, modify, change, or delete a login and/or password at any time.  

The User guarantees the truthfulness and accuracy of the information provided to LOFI through the Site. The creation of a personal account can only be validated after the User has expressly accepted the GTCU and the Privacy Policy, and acknowledges having read them. 

Article 6: Technical requirements

The Site has been tested on PC and MAC computers running the following operating systems: Windows, Mac OS. As well as for the browsers : 

Chrome; 

Firefox; 

Safari;

Opera.

The User is informed that there is a possibility that malfunctions may occur on computers or from browsers that are not included in the above-mentioned lists, or from computers with a particularly slow Internet connection.

The User assures having taken knowledge, before the acceptance of the present, of the technical prerequisites mentioned in the present article.

Article 7 : Obligations and responsibility of LOFI 

LOFI is only responsible for the use of the Site.

LOFI shall not be liable in case of force majeure or fault of the User, as defined in this article.

In the sense of these GTCU, will be considered as a case of force majeure opposable to the User any impediment, limitation or disruption of the Site due to unavailability and / or malfunction and / or failure occurring on the electronic communication networks and mobile radio and that would limit or prevent access to all or part of the Site (examples: network congestion, failure of Internet service providers, electrical failure, malfunction of software or hardware, etc..), fire, epidemic, explosion, earthquake, fluctuations in bandwidth, failure attributable to the access provider, failure of transmission networks, collapse of facilities, illegal or fraudulent use of passwords, codes or references provided to the User, computer hacking, security breach attributable to the platform host or developers, flood, power failure, war, embargo, law, injunction, demand or requirement of any government, requisition, strike, boycott, or other circumstances (intervention of law enforcement agencies in the areas where its premises or servers are located) beyond the reasonable control of LOFI. In such circumstances, LOFI shall be excused from performing its obligations to the extent of such impediment, limitation, or disruption.

Under the terms of these GTCU, any misuse of the Site, fault, negligence, omission or failure on the part of the User or his/her employees, failure to follow the advice given by LOFI on the Site, any disclosure or unlawful use of the User’s password, codes and references, as well as the provision of erroneous information or failure to update such information in the User’s personal space, will be considered a fault of the User. The implementation of any technical process, such as robots or automatic requests, whose implementation would contravene the letter or spirit of these GTCU, will also be considered a fault of the User.

In case of impossibility of access to the Site, the User will not be able to claim any damage and will not be able to claim any compensation.

The unavailability of one or more online services, even if prolonged and without any limitation, shall not constitute a prejudice for the Users and shall not give rise to the awarding of damages by LOFI.

Article 8: Obligations and responsibility of the User

8.1 – General obligations concerning the use of the Site

The User also agrees not to interfere with or disrupt LOFI’s servers and to comply with any requirements, procedures, or general rules communicated to the User by LOFI.

It is strictly prohibited to use the Site for the following purposes:

• the exercise of illegal or fraudulent activities or activities that infringe on the rights or security of third parties,- infringement of public order or violation of laws and regulations in force,- intrusion into the computer system of a third party or any activity of such a nature as to harm, control, interfere with or intercept all or part of the computer system of a third party, or to violate the integrity or security thereof- the sending of unsolicited emails and/or commercial prospecting or solicitation,- manipulations intended to improve the referencing of a third party site,- aiding or abetting, in any form and in any manner whatsoever, one or more of the acts and activities described above,- and more generally any practice diverting the Service for purposes other than those for which it was designed.
• monetize, sell, or license all or part of the access to the Service or the Site, as well as the information hosted and/or shared therein.

The following are also strictly prohibited: (i) any conduct that could interrupt, suspend, slow down or prevent the continuity of the Service, (ii) any intrusion or attempted intrusion into LOFI’s systems, (iii) any detour of the Site’s system resources, (iv) any action that imposes a disproportionately large load on the Site’s infrastructure (v) any breach of security or authentication measures, (vi) any act that may adversely affect the financial, commercial or moral rights and interests of LOFI or the users of the Site, and more generally (vii) any breach of these terms and conditions.

If the User fails to comply with the above obligations, LOFI reserves the right to suspend the User’s LOFI account at any time or to delete it permanently.

In the absence of conclusive evidence that the User complies with the provisions of these Terms and Conditions, LOFI reserves the right, without further notice or formality, to suspend or terminate access to the Site.

In the event of non-compliance by the User with these commitments, LOFI also reserves the right to take legal action to obtain compensation from the User for the damage he has suffered and to notify any relevant authority.

8.2 – Obligations concerning the tracks accessible on the Site and the social networks

The Service allows the broadcasting, streaming, downloading, and sharing of track created by Beatmakers.

These tracks are accessible on the Site and the channels on the social networks of which LOFI is owner.

The User is authorized to reproduce and distribute the track for any use other than commercial. 

The reproduction, broadcasting or sharing of these tracks is only allowed on a limited list of platforms, namely: Youtube, Tik Tok, Twitch and Instagram.

A commercial use of the work chosen by the User is forbidden and can only be done after prior agreement obtained from LOFI by filling in this form.

LOFI’s and its partners’ authorship of the track must be respected in the following manner on the sites on which the track is reproduced, broadcast or shared:

For TwitchAdd the following to your description (via text or banner)

• Track provided by Lofi Girl
• Listen: bit.ly/lofigirI-playlists 

Not an obligation but much appreciated

• Now playing with the track title on your screen
• Bot sending the current track title/link to the playlist in the chat
• Host the Lofi Girl Twitch page at the end of your livestream

For YouTubeAdd the following to your description

• Artist(s) name – Track title
• Provided by Lofi Girl
• Watch: YouTube link to the track concerned
• Listen: Spotify link to the track concerned

For InstagramAdd the following to your description

• Artist(s) name – Track title
• Provided by Lofi Girl

For Tik TokAdd the following to your description

• Artist(s) name – Track title
• Provided by Lofi Girl

By respect for the integrity of the work, any modification of the original track published by LOFI is forbidden. You cannot add lyrics, sample, or remix the track. Violation of this rule could lead to the removal of the content and to be sued for counterfeiting.

LOFI authorizes and encourages content creators to use its track on the above-mentioned platforms to monetize a video distinct from the sole distribution of the track itself.  It will be sufficient for the user to respect the authorship rights of the author of the track and LOFI according to the above-mentioned conditions.

LOFI will never file a copyright claim with the platforms if you follow the instructions above.

It is possible that persons who have no direct or indirect link with LOFI may make claims under copyright law, which would then be illegitimate because they do not come directly from the owner of the rights, which is LOFI. In such a case, LOFI cannot be held responsible

8.3 – Obligations concerning the illustrations accessible on the Site

The Service allows the distribution and downloading of illustrations created by Illustrators.

LOFI prohibits any use of the illustrations other than for private purposes.

8.4 – Obligations concerning the LOFI GENERATOR

LOFI grants free access to the LOFI GENERATOR without prior registration of the User or communication of personal data by the User.

LOFI GENERATOR is based on an original work called X which allows the LOFI User to generate as many derivatives works as are offered by default by LOFI GENERATOR, namely, a change of gender, morphology, hair, face, clothes, accessories, animals in the background, windows and cities illustrating the background behind said window.

The user is fully aware that the choices he or she makes from the LOFI GENERATOR are fully dictated by the contents of which LOFI holds the patrimonial rights on behalf of its author in accordance with international copyright rules.

LOFI agrees, as the owner of the economic rights on any work resulting directly or indirectly from the generator, to the User that :

• Any use of the work named X in order to make a new derivative work is prohibited outside the strict framework allowed by the LOFI GENERATOR ;

• The PNG file generated from the LOFI GENERATOR and received by email by the User can only be used in a private context or as an avatar on third party sites or social networks;
• A commercial use of the work chosen by the User is forbidden and can only be done after prior agreement from LOFI. 

It is therefore forbidden for the User to make commercial profit from the work he/she downloads without prior authorization from LOFI.

The User is thus authorized to reproduce and distribute the work resulting from the LOFI GENERATOR for any use other than commercial. 

Only the reproduction and distribution of the original work as generated via the options is authorized. If the User wants to modify it, he must obtain the prior authorization of LOFI.

Article 9: Availability and access

LOFI undertakes to ensure that the User can connect to the Site at any time, excluding periods of maintenance and updates.

Any observation of total or partial unavailability of the Site by the User can be notified to LOFI at support@lofirecords.com with the subject line “Report a malfunction”.

LOFI may freely, at any time, interrupt direct or indirect access to the Site, for any reason, including technical reasons, such as maintenance, updating, etc., without notice or prior notice to Users. LOFI shall not be held responsible for the consequences of such interruptions or unavailability to Users or any third party. 

Article 10: Personal dataCollection of personal data 

Pursuant to the General Data Protection Regulation (GDPR) of 27 April 2016, it is recalled that the personal data requested from the User is necessary to use the entire Service (downloading track, illustrations, and avatars). 

The User has, in accordance with national and European regulations in force, a permanent right of access, modification, rectification and opposition regarding information concerning him/her. 

This right can be exercised: 

• By mail to the address: support@lofirecords.com 

LOFI is committed to ensuring the confidentiality of the personal data communicated by the User.

LOFI collects personal data during the following actions:

• Creation of a User account: first name, last name, e-mail address;
• Contact form: first or last name, e-mail address and telephone (optional). 
• Newsletter registration form: e-mail address.

The User is informed that LOFI will not use his/her personal data to send him/her commercial offers that may be of interest to him/her unless the User has explicitly consented to receive messages from LOFI by filling in his/her email address or by checking a box provided for this purpose.

The data collected is kept by LOFI for the duration of the contractual relationship and up to 3 years after the end of this relationship (last download by the User). 

LOFI may share personal data with the following third parties, subcontractors and partners: IT service providers for data maintenance and hosting purposes; payment service providers for the purpose of carrying out payment and reimbursement operations; telecommunication service providers in order to communicate with the User; 

All the data allowing to establish the proof of a right or of a contract, or preserved in conformance with a legal and/or regulatory obligation, can be the object of an archiving policy, and be preserved for these purposes in accordance with the legal and/or regulatory provisions in force.The purposes of the processing

The data collected by LOFI are mainly used to provide the Service to the User to allow the User to download the contents proposed on the Site by LOFI, to communicate with the User.Right of complaint, deletion, and oblivion

The User is informed of the possibility of lodging a complaint with a supervisory authority.

The data subject has the right to obtain from the controller the erasure of personal data concerning him/her as soon as possible and the controller is obliged to erase such personal data as soon as possible when the personal data are no longer necessary for the purposes for which they were collected or otherwise processed (closure of the personal area); by writing to support@lofirecords.com.

The User is informed that he/she also has a right to rectify his/her data, a right to limit his/her data and finally a right to oppose the use of his/her data.Law of deceased persons

LOFI allows individuals to give instructions regarding the retention, deletion, and disclosure of their data after their death by writing to the above address.

In this way, a person can be designated to carry out these directives. This person is then entitled, when the person is deceased, to take cognizance of the directives and to request their implementation from the data controllers concerned.

In the absence of instructions given by the person during his or her lifetime, the heirs, who will demonstrate this (deed of notoriety), will have the possibility of exercising the right of access, if it is necessary for the settlement of the deceased’s estate, the right of opposition to proceed with the closure of the deceased’s accounts and to oppose the processing of their data.Cookie management

A “cookie” is a limited-size information file 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 can be created by our Site, which are called internal cookies, or they can come from third-party sites.

Some internal cookies are necessary for the functioning of the Site, they allow it to function optimally.

Other internal cookies are not necessary for the operation of the Site.

Third-party cookies come from third-party sites and are not necessary for the operation of the Site.

During the first visit to the Site, a banner informs the User of the presence of these cookies and invites him to indicate his choice. They are then deposited only if the User accepts the cookies. The User may at any time oppose all or part of the cookies and delete them by using the parameters of his browser. However, if the User objects to the cookies necessary for the operation of the Site, the User’s experience may be degraded.

If the User does not delete the cookies, they are kept on his equipment for a maximum of 13 months. 

Among the cookies, some are used for audience measurement. They are :

• Analytical and performance cookies. They help estimate the amount of visitors and assess their usage patterns on the Site. They are also used to track conversions. LOFI uses Google Analytics (a web analytics solution) and Shopify to collect information about the use of the Site. For more information on these cookies, we invite you to read their terms of use at the following links:
• https://support.google.com/analytics/answer/ HYPERLINK 
• https://www.shopify.fr/legal/cookies 

• Targeting or advertising cookies. They help to recognize the User when he/she returns to the Site and make it possible to personalize the Site or to propose targeted offers according to his/her centers of interest. The fact of refusing the advertising cookies will not cause the advertising to stop during navigation. It will only have the effect of displaying advertisements that do not consider the User’s interests or preferences.

The User’s choices regarding cookies can be expressed directly with his terminal. In this case, he can authorize or not the recording of cookies in his terminal by using the appropriate parameters of his Internet navigation software. The cookie configuration 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/PH HYPERLINK “http://support.apple.com/kb/PH5042″5042 
• For Chrome:
  https://support.google.com/chrome/answer/95647?hl=fr&hlrm=en
• For Firefox:
  https://support.mozilla.org/fr/kb/protection-renforcee-contre-pistage-firefox-ordinateur?redirectslug=Activer+et+d%C3%A9sactiver+les+cookies&redirectlocale=fr 
• For Opera :
  https://help.opera.com/en/latest/web-preferences/#cookies

Transfer of data outside the EU

LOFI contacts SHOPIFY and is assured that SHOPIFY protects personal data in accordance with the requirements of the GDPR.

SHOPIFY has set up its data flows to meet these obligations for merchants. As stated in its Privacy Policy, all European personal data is initially received by merchants and processed in Ireland by Shopify International Ltd, an Irish subsidiary of Shopify. Shopify then transfers this data in accordance with the GDPR. This personal data may be transferred to other regions, including Canada and the United States. Such transfers will be made in accordance with applicable data protection legislation (Addendum on Data Processing by Shopify – https://www.shopify.fr/legal/dpa).

For more information on SHOPIFY and data transfers read :

– https://help.shopify.com/pdf/cross-border-whitepaper.pdfRight to portability 

This right allows the User to recover the data concerning him/her processed by LOFI for his/her personal use and to transfer his/her personal data to LOFI and to the organization of his/her choice. Given the temporary nature of the data hosting provided by LOFI, this portability will only concern personal data that have not yet been deleted by the passage of time.

Article 11: Intellectual Property 

The content, structure and software used to operate the Site are protected by copyright. Any representation or reproduction of all or part of the Site without the agreement of LOFI, constitutes a violation of the provisions of the Code of the intellectual property and will be likely to give place to pursuits. Any reproduction of the data disclosed on the platform engages the responsibility of the User and can, moreover, lead to legal proceedings, for counterfeiting. The same applies to the translation, adaptation or transformation, arrangement or reproduction by any art or process whatsoever. 

The distinctive signs of LOFI, such as domain names, trademarks, names, and logos appearing on the site are protected by intellectual property law. Any total or partial reproduction of these distinctive signs made from the elements of the site without the express authorization of LOFI is therefore prohibited.

Article 12: Advertising and third-party sites

LOFI reserves the right to insert on any page of the Site any advertising or promotional messages in a form and under conditions to be determined by LOFI.

LOFI shall in no way be held responsible for the technical availability of websites or mobile applications operated by third parties (including its possible partners) to which the User may have access through the Site.

LOFI is not responsible for the content, advertising, products and/or services available on such third-party sites and mobile applications, which are governed by their own terms of use.

LOFI is not responsible for transactions between the User and any advertiser, professional or merchant (including its partners) to whom the User is directed through the Site and shall not be party to any dispute with such third parties regarding the delivery of products and/or services, warranties, representations, or other obligations of such third parties.

Article 13: Agreement of proof 

The Parties expressly agree that the use of the User’s account by the User or by a third-party will be considered as proof between them. LOFI’s recording systems are considered as proof of the date and duration of the use. All elements related to the use of the account will be kept and archived by LOFI. LOFI will be able to take advantage, for evidentiary purposes, of any act, file, recording, follow-up report, statistics on all supports including the computer support established, received, or preserved by its care. These methods of proof constitute a presumption which could be reversed only in the presence of elements establishing that the means of recording and storage of LOFI were indeed defective. 

Article 14: Language

In the event of a translation of the GTCU into one or more languages, the language of interpretation will be the French language in the event of a contradiction or dispute over the meaning of a term or provision.

Article 15: Applicable law – Disputes 

The present GTCU are subject to French law. 

In the event of a dispute, the User must make an amicable complaint to LOFI by e-mail at the following address 

• info@lofirecords.com

In case of failure, it is understood that the courts of the jurisdiction of the Court of Appeal of Paris in France will be competent, except for imperative rules of procedure to the contrary.

Article 16: Nullity of a clause

The nullity of one of the clauses of the present GTCU will not entail the nullity of the other clauses of the GTCU, which will keep their full effect and scope. In such a case, the Parties shall, to the extent possible, replace the invalidated provision with a valid provision that corresponds to the spirit and purpose of these TOU. LOFI’s failure to exercise its rights hereunder shall not be construed as a waiver of such rights.