TERMS OF USE FOR www.zikpot.com

Zikpot.com (the "Site") is dedicated to music and it is designed to uncover new musical talent (the "Artists") for the subscribed public (the "Members") and to exchange ideas and advice with and about professionals (the "Stars").

It is published by the Zikpot SARL Company with 20,000 Euros capital stock - EIN:  492 792 759 0001 0, Headquarters:  5 rue Frédéric Bastiat, 75008, Paris, France ("Zikpot").

The Zikpot Company is responsible for publication.

The trademark, the Zikpot logo, and all the graphics displayed on the Zikpot website are trademarks owned by Zikpot SARL.  Any use or reproduction, even partial, without authorization, is strictly prohibited.

Hosting

OVH
SAS with a capital stock of 500 k€, RCS Roubaix – Tourcoing, EIN:  424 761 419 0001 1 - Code APE 721Z – VAT Number:  FR 22-424-761-419-00011, Headquarters:  140 Quai du Sartel, 59100, Roubaix, France.

For optimal use of the Site, we recommend using a broadband Internet connection.

Site Continuity

Zikpot strives to make the Site accessible 24 hours a day, 7 days a week.  However, Zikpot can not be held responsible for the consequences of technical problems that may cause an interruption of the Site and the possible loss of data.  It is therefore recommended to keep a copy of any material provided to Zikpot.  Furthermore, access to the Site may be temporarily interrupted for maintenance, updates, or technical improvements, or to change the content and / or the design.  Wherever possible, Zikpot will inform Users prior to maintenance or update interventions.

In the present “Terms of Use”, the term "Users" can refer to both Artists and Members.  A person can be both Member and Artist.  If the Artist is a group, these general conditions shall apply ipso facto to all group members.

Registration

The use of the Site is free and subject to prior registration.  It is understood that these Terms of Use and the rules of the game can be modified at any time.  In case of violation of any provision of these Terms of Use, Zikpot reserves the right to terminate the registration of the User unilaterally and without notice.

Zikpot has the final say in determining the game rules on the Site.

When registering, the User agrees to provide accurate, current, and complete information.  The User agrees to refrain from creating a false identity to mislead others and from using multiple profiles simultaneously.  In the event that the User provides inaccurate or incomplete information, Zikpot reserves the right to suspend or terminate a User’s registration without delay and to refuse immediate and future access to all or part of the Site.

Minors are allowed to register, provided they have obtained authorization to do so from a parent/guardian.

Users may terminate their subscription to Zikpot and request the closing of their account at any time and for any reason by submitting an email to webmaster@zikpot.fr.  This request will be effective upon the receipt of a confirmation email from Zikpot.  All data related to the concerned User will be destroyed at his / her request or upon expiration of statutory periods.

The validity period for a registration is six months from the date of the last use.  Beyond this period, the registration will be automatically terminated and no claim or prosecution can be initiated.  The username will be redistributed and can be allocated to anyone who requests it, without appeal from its previous User.

Users agree not to copy, reproduce, or otherwise use the contents related to other Users.

Hypertext Links

The Site includes links to other websites.  Zikpot has no control over these sites and assumes no responsibility for their content, products, services, or any other available elements.

Use of Cookies

Zikpot reserves the right to place cookies in the Users' computers, for the proper usage of Site services.  Cookies are small information files sent by a website to the hard disk of a personal computer to facilitate access to the Site.  The servers used by Zikpot for the services provided use temporary cookies.  A cookie does not allow Zikpot to identify a User other than by its nickname.

I. Site Usage by the Artists

Site Registration

New Artists’ subscriptions have the goal of providing visibility to the public, and allow them to come forward and become known.

It is expressly noted that members of SACEM are not allowed to file and distribute their music on the Site.  Therefore, Zikpot is entitled to make any appeal to SACEM or any third party for failure to comply with this prohibition.  The User may, however, register as an Artist to ensure his / her promotion in other ways such as discography, biography, news...

Filing of Three Mock-ups

Once registered on the Site, the Artist may submit to the Site up to three mock-ups in MP3 format, as well as images, photos, or any other elements related to the designs submitted.  The songs will be encoded in 44kHtz, to be compatible with the player used on the Site.

Intellectual Property

The Artist guarantees Zikpot that the material on the Site does not infringe rights of third parties, including intellectual property rights and image rights.  The User certifies that he / she is the owner or holds a valid license on these elements.

Zikpot can not verify the legality of the material submitted to the Site and disclaims any liability for claims of third parties related to content submitted by Users.

Moderation

Before posting the mock-ups on the Site, submissions are subject to moderation on the part of Zikpot, given the conditions specified below.  If the content of the mock-ups is considered inappropriate according to the conditions specified below, the Artist will be notified by mail within 7 working days and the mock-ups will not be posted.

Moderation by Zikpot does not involve a conformity control in regard to the content and whether it complies with laws and regulations, including regulations related to intellectual property.  As such, the Artist remains entirely responsible for compliance with all laws and regulations concerning the content of their works or other items online, and Zikpot may under no circumstances be held liable on this subject.

License Given to Zikpot

Users grant Zikpot a non-exclusive license for the use of content provided by Artists for distribution on the Site.

The license of use includes the non-exclusive right for Zikpot to reproduce, perform, digitize, or use for promotional purposes on the Site, the content provided by the Artist.  This includes but is not limited to music, news, images, videos, descriptions, criteria searches, etc.

As such, the Artist, as an author, composer, performer, music producer, or holder of a valid license, grants for free to Zikpot:

The non-exclusive right to reproduce music and other items provided for presentation on the Site,

The non-exclusive right to stream the music submitted by the Artist for broadcast and to represent the images and other intellectual property provided by the Artist,

The non-exclusive right to make the technical reproductions needed to make the materials available to the public.

The information, data, texts, contents, and images related to the Artists are sent by them on their own.  Therefore, the Artists waive all recourse against Zikpot, including possible harm of their right to image, their honor, their reputation, the intimacy of their private life, or any damage resulting from the dissemination or disclosure of information related to them as provided in the present Terms of Use.

These rights are granted globally and for the entire duration of the registration of the Artist on the Site.

The license described above is limited to the streaming broadcast of the works of the Artists and does not constitute a contract for production.  Where appropriate, any collaboration for the exploitation of the works of an Artist with Zikpot will be the object of a separate contract.

The Artists authorize Zikpot to make technical changes to the content described above to meet the graphic constraints of the Site and / or to make them compatible with the Site’s technical performances or media formats.

The Artists registered on the Site are informed and agree that comments or ratings relating to their work or their music career that come from Members or from Zikpot may be displayed on the Site, in compliance with the present Terms of Use.

Comments or rankings released by Zikpot have a presentation scope only.  However, comments from Members have the goal to offer observations, subjective by nature and / or to recommend or not recommend the Artist in question to other Users of the Site.  It is understood that this practice is appreciated and accepted by the Artists.

Rating Evolution for an Artist

Upon registration, each Member is credited with 500i$ (pronounced "idol-art") that will be used to bet on one or more Artists.

Based on the votes, i$ bet or withdrawn, and Additions to Favorites and SMS sent by Members in favor of an Artist, the rating of the latter evolves according to a mathematical algorithm created by Zikpot.  This rating is measured in i$ as follows:

- One vote corresponds to the minimum rating,
- One Addition to Favorites corresponds to 20 votes,
- One SMS corresponds to 20 votes,
- Bets of 100i$ or more (representing the support of a Member to an Artist) can influence the evolution of the rating.

This algorithm uses only the elements above, excluding the interference of chance.
Depending on the i$ assigned to an Artist, his / her rating evolves as follows
(a gauge represents these steps graphically as seen below):

See below for diagram translations:

Progression

Market Entrance | Promo | …Studio…CD…Concert

100i$: Market Entrance

200i$: Promo Pack Offer

Other steps that will accompany your success (studio, concerts,…)

An Artist rating evolves over four stages:

1.  The Artist subscribes and starts with a 1i$ rating.  This rating varies due to votes, Additions to Favorites and, SMS.  Bets are not placed at this time. 

2.  The Artist has reached the rating of 100i$.  He / she is then "on the market."  A "Place A Bet" button appears on the Artist’s profile and allows Members to bet i$ on him / her.  This rating can be negative if there are more i$ withdrawals than bets. At the end of this stage, the Artist wins a Promo Pack which consists of a featured exhibition on the Site and advertising media to promote his / her products on the web.

3. The Artist has reached the rating of 200i$.  He / she is still “on the market,” with the same elements of fluctuation (votes, Additions to Favorites, and SMS) as in the previous stage.  However, the weighting of the criteria is slightly modified so that popularity corresponds to a real audience.

4. The Artist has reached the rating of 300i$.  He / she wins the opportunity to be broadcasted on the ZIKPOT TV (Potcast) every day.

It is forbidden to create multiple profiles in order to vote several times a day for oneself or for the same Artist.  This is controlled and subject to sanctions ranging from resetting the rating to 0 to Artist’s accounts deletion.

Press Review

The Site presents, through RSS feeds, to its Members and the public, news related to music Stars through a mandate under Article L.122-5 of the Intellectual Property Code.

As such, Zikpot can not be held responsible for the content of the press review that is automatically generated by RSS feeds and disclaims any responsibility therein.

II.  Site Usage by the Members

Services Offered

Through the Site, Members and the public can listen via streaming to any songs or videos posted online by the Artists, can view the album kits and / or photos uploaded by the Artists, can add one or more Artists to their Favorites, write to Artists, register as a fan, recommend these Artists, and buy their works via the Site.

Moderation

The comments expressed by Members will be subject to moderation to prevent the dissemination of messages, images, or other content that is contrary to these Terms of Use.

Listing of an Artist or a Star

Members may participate in the rating of an Artist or a Star by voting for the Artist or Star, by adding them to their Favorites, or recommending them on the Site.

The Stars mentioned on the Site are the Artists from the catalog, www.amazon.fr.  This site is affiliated with Zikpot and enables Artists to secure CD sales.

The Site also allows Members to bet or withdraw i$ on the Artists or Stars, as described in the rules of the game, and to follow Artists’ popularity ratings and to win prizes.

Other i$ can also be acquired through sponsorship, by adding Artists to your Favorites, or by enriching their particular profile, in accordance with the rules of the game.

Members can also send SMS (0.50 € + cost of an SMS) to vary the rating more strongly (1 SMS = 20 votes), by dialing 71071 and creating a message in the form, ziksms xxxxx yyyy, where “ziksms” allows our operator to send us the SMS specifically on the vote service for Artists, “xxxxx” is the ID, found on the Artist profile, of the Artist for whom the Member votes, and “yyyy” (optional) is the Member ID.  This number allows the Member to indicate on his / her profile that he / she supports the Artist by SMS.  If a Member does not want to sign his / her SMS vote, this code may be omitted.

It is necessary to separate each of the 3 elements with a space so that our operator can identify and transmit these codes.  Otherwise, we can not do anything to credit the equivalent votes to the Artist that the Member supports.  If the Member copies this number on another support, the MSM+ requires that the cost of the SMS and the logo  be recalled.

The rating of an Artist varies according to the algorithm established by Zikpot using the above-mentioned variables.

Each Member can add to his / her Favorites a maximum of 100 favorite Stars and 100 favorite Artists.

 

Zikpot can choose the rating rules and featured Artists on the Site.  In addition, Zikpot is free to choose the editorials on its website.

Exchange of i$

By using the Site, Members can earn i$ that can then be redeemed for gifts.  The list of gifts is displayed on the Gifts page of the Site.  Each Member has the right to choose one type of gift per transaction and one exchange transaction for i$ every 6 months.  When the Member has sufficient wealth to purchase a gift, he / she can exchange i$ (available in cash) for gifts.  The i$ traded are deducted from his / her balance.  In order to continue to play on Zikpot, the Member must maintain a balance of at least 500i$.  Gifts are limited by availability, and their prices are likely to fluctuate depending on the auctions that the Site is able to create.  As long as the gifts are not auctioned, the price will remain fixed.

To make an exchange, simply send an email to webmaster@zikpot.fr.

III.  Site Usage Plan

The User agrees to comply with all laws and regulations concerning the prohibition of the dissemination of illegal contents such as pornography, pedophilia, or material that is violent, obscene, or likely to seriously undermine human dignity.

The User declares to be the owner of all photos, images, and texts used on the Site, or to hold a valid license to them.  The User can not distribute content, including but not limited to text, images, or confidential information, that infringes on the proprietary rights of others.

The User agrees to remain courteous.

The User agrees not to display hypertext links to sites that do not comply with current legislation.

The User also agrees not to disseminate messages intended to promote a good or a service.  Zikpot can not be held liable for any commercial transactions conducted by Members with third parties.

The User shall refrain from disseminating SPAM type messages as well as unsolicited advertising messages.

The User shall refrain from transmitting on the Site any information that might damage the reputation of the other participants.

The User is solely responsible for the content of the messages he / she sends.  Zikpot can not be held responsible for the illegal exchange of content on the Site.

On the forums of the Site where the content may be viewed by all Users, Zikpot reserves the right to moderate the messages, as well as usernames and tags, during and after their release.  Thus, the User acknowledges that Zikpot may remove any content that is clearly unlawful, and Zikpot can not be held responsible for removing or retaining the content which is the subject of this restraint.

The User is aware that it may take some time before the publication of a message, due to moderation.

Notably excluded from publication is content that involves information with negative connotation, that is controversial or discriminatory, or that contains any instigation to disrespect the rules of the game.  Also excluded are usernames that have political, religious, fascist, xenophobic, racist, or sectarian connotations, or that are insulting or threatening in any way, or that contain advertising.

The moderator will ensure, before publication, that the contribution focuses on the theme of the Site, that it is relevant, and that it complies with the Terms of Use.

The User is also aware that if Zikpot is alerted, by whatever means, of the illegality of the content broadcasted in connection with the use of the Site, Zikpot can withdraw content, suspend access to service, and deliver such content to the authorities responsible for enforcing the law as Zikpot deems appropriate and necessary.  Zikpot reserves the right to restrict the User’s access to the Site.

IV.  Shop

The Site holds a service of online music purchasing which enables the public to buy the works in CD format, through the site, www.amazon.fr, with which Zikpot is affiliated.  As such, it is understood that the general conditions of the site, www.amazon.fr, automatically apply to these transactions.

The Site offers links to www.amazon.fr, but Zikpot can not be held responsible, if it is the case, for any difficulty in making the CD purchase (or any other purchase) from www.amazon.fr.

V.  Personal Data

The proper treatment of personal data is protected by the Federal Trade Commission by the FTC Act which calls upon federal law to protect consumers in matters of personal privacy, identity protection, and fraud.

VI.  Jurisdiction and Applicable Law

The Site and contractual relationships with Members and Artists are governed by United States federal law.

In case of any dispute arising between Zikpot and third parties because of the interpretation or execution of these presented general conditions, the parties will endeavor to resolve their differences amicably.  In the case of conflict, jurisdiction shall lie exclusively in US state and federal courts as US due process dictates.