The use of functionalities proposed by MOOZAR implies the acceptance of the present General Terms and Condition of Use.
ARTICLE 1: IDENTIFICATION AND LEGAL MENTIONS
The www.MOOZAR.com website (hereinafter referred to as the “Site”) is published by MOOZAR (hereinafter “MOOZAR”), under the direction of Mr Lionel Marciano, Mr Florian Torres and Mr David Brami; MOOZAR is a limited liability company (société à responsabilité limitée (SARL)) with a share capital of €100.000 registered under number 503 884 355 at the Paris Trade and Companies Register, whose registered office is located at 23 Rue d'Anjou, 75008 Paris, administered by Mrs Carol Briet and whose EU VAT number is FR 33503884355. The Site is hosted by ONLINE SAS, BP 438 - 75366 Paris CEDEX 08 - 01 73 50 31 75 - 0899 193 788
ARTICLE 2: DEFINITIONS
REWARD : refers to a certain amount of money given by an internet user to an ARTIST without any counterpart, to support his effort and to encourage his creation. A reward in law is considered a donation.
ARTIST(S): Means the writers, performing artists, publishers, sound recordings and video recordings producers participating in the creation, performance, financing and promotion chain for all types of works, and any person taking over their rights, who has created a ARTIST ACCOUNT and granted a MANDATE to MOOZAR with a view to receiving REWARDS. The labels, the publishers or their right holders must necessarily withhold the right of prior authorisation of reproduction of the work to mandate MOOZAR to collect REWARDS.
PARTNER or AFFILIATED: Means any person who has created a PARTNER/AFFILIATED ACCOUNT with the view of integrating in his website a hypertext link for the purpose of receiving a commission out of the REWARDS collected by his intermediate.
BANNER OR REWARD LINK: is understood as a hypertext link provisioned by MOOZAR to redirect the internet user on the basket containing a WORK of the MOOZAR’s CATALOG.
MOOZAR DATABASE: Means the computer database available on the Site, including the identification data relating to the WORKS for which MOOZAR has been granted MANDATES by an ARTIST, said identification data is provided by the ARTISTS themselves.
MOOZAR’S CATALOGUE: Means the list of WORKS and the related additional information for which MOOZAR has been granted a MANDATE. Said list is accessible to the public on the Site.
INTERNET USER ACCOUNT OR FAN: Means the account opened by the Internet User with MOOZAR mainly for the purpose of registering REWARDS made by the internet user to the ARTISTS through the Site.
ARTIST ACCOUNT: Means the account opened by an ARTIST with MOOZAR for the purpose of authorising MOOZAR to receive REWARDS in relation to the WORKS which he has identified on his account.
PARTNERS ACCOUNT/AFFILIATED: : Means the account opened by a PARTNER/AFFILIATED with MOOZAR for the purpose of receiving commissions for the REWARDS received by MOOZAR through his intermediate.
CONNEXION DETAILS: Means the user name and password to access an INTERNET USER ACCOUNT/FAN or an ARTIST ACCOUNT or a PARTNERS/AFFILIATED ACCOUNT.
INTERNET USER/FAN : means any internet user who uses the Site to REWARD an ARTIST.
MANDATE: Means the agreement concluded between MOOZAR and an ARTIST ,involved as a principal, to act in his name and on his behalf for the purpose of receiving REWARDS from the internet users for a given WORK (one WORKone MANDATE).
WORK: Means a commercial original work, text, picture, sound recording or video recording, irrespective of the format,on which the principal has taken part in quality of ARTIST
CART: Means the list of WORKS for which the Internet User intends to make one or more REWARDS , and specifying for each one of them, its title, the name of the performer and the references given by the ARTIST to receive the amounts paid by the Internet User and the amount of said sums.
ARTICLE 3 : PURPOSE
The General Terms and Conditions of Use define the terms and conditions whereby MOOZAR authorises (i) on one hand, ARTISTS to grant one or more MANDATES to MOOZAR for the purpose of receiving REWARDS in relation to WORKS which they determine and (ii) on the other hand, Internet Users to make donations to ARTISTS, and to (iii) motivate PARTNERS with a commission to encourage the Internet users to make REWARDS to ARTISTS.MOOZAR does not collect Right holder’s fees (royalties), but REWARDS.
ARTICLE 4 : ACCESS TO THE WEBSITE
4.1. The Website may be directly accessed using the following URL address: “www.MOOZAR.com”.
4.2. The use of the Website implies the unconditional acceptance of the General Terms and Conditions of Use.
4.3. The Website is accessible 24 hours per day, seven days per week, subject to any downtime linked to maintenance, upkeep or update operations.
ARTICLE 5: CREATION AND USE OF A USER ACCOUNT
5.1. Any individual who is aged 18 or over may register on the Site, free of charge in order to have an INTERNET USER ACCOUNT.
5.2. The creation of an INTERNET USER ACCOUNT is not required to make donations.
5.3. The INTERNET USER ACCOUNT mainly enables the Internet User to keep the history of his gestures to consult them and to print them from his INTERNET USER ACCOUNT.
5.4. In order to register, the Internet User must state his details (in particular, his surname, his first name, his country of residence, his e-mail address) and chose the Connection Details for his INTERNET USER ACCOUNT. The Internet User warrants the accuracy of the information provided and the declarations made upon registration or at a later date.
5.5. The conservation and use of the Internet User’s Connection Details shall be carried out under his sole liability. In particular, the Internet User is notified regarding the safety issues inherent to the use of the automatic storage function of the Connection Details which may be authorised by his computer system and represents that he assumes full liability for the use and potential consequences of such function. Any use of the INTERNET USER ACCOUNT following the input of the Connection Details shall be deemed to be carried out by the Internet User and MOOZAR shall not be held liable under any circumstances for the detrimental consequences to the other contracting party resulting from illegal, fraudulent or abusive use of the Internet User’s Connection Details. The Internet User is required to promptly contact MOOZAR in the event of loss or suspicion of fraudulent use of his Connection Details. The Internet User is informed that in the event of loss of his password, he shall be unable to consult his Internet User Account.
ARTICLE 6: CREATION AND USE OF AN ARTIST ACCOUNT
6.1. Registration on the Website in his quality of ARTIST first requires the creation of an ARTIST ACCOUNT with the communication of the information relative to his identification, his visual display unit, the website of the principal and implies the unconditional acceptance of the General Terms and Conditions of Use.
6.2. The acceptance of the general terms and condition of use, for each add or modification of a WORK, implies that the ARTIST has concluded with MOOZAR a MANDATE in order to to receive REWARDS, relative to the WORKS identified on the ARTIST'S ACCOUNT.
When the ARTIST mandates MOOZAR to receive REWARDS,he declares and guarantees his quality as an ARTIST such as determined in Article 2. He guarantees the truthfulness of the informations given and of declarations he could of made during his inscription or later. He guarantees irrevocably MOOZAR against any complain, any recourse or any sentence who would be the result of the execution of the terms of the MANDATE by MOOZAR.
By validating the present General Terms and Conditions of Use, the ARTIST gives a MANDATE to MOOZAR in order to :
-receive in his name and for his account sums of money from the internet users who wishes to REWARD
-Give back to the principal the amounts received, subject to the dispositions of the following Article 6.8
The ARTIST ACCOUNT mainly enables the ARTIST to:
- identify WORKS, for which he intends to grant a MANDATE to MOOZAR for the purpose of receiving REWARDS;
- ask the printing, the conclusion (on paper), the modification or the withdrawal of the MANDATE
6.3. The internet user determines alone the amount of the REWARD. The donations made by the internet users which residency is in Europe will be made in Euro ; donations made by the internet users which residency is elsewhere will be made in American Dollars.
6.4. The MANDATE is concluded without territorial restriction for each WORK of an ARTIST ACCOUNT.
6.5. REWARDS received in execution of the MANDATE will be transferred to an account administered by MOOZAR, awaiting their payment under the following conditions .
6.6. The sums collected by MOOZAR in execution of the MANDATE will be available for the ARTIST within 90 days following their transfer to MOOZAR, after deduction of the commissions mentioned below. Those available sums shall be transferred on demand of the beneficiary at month end through PAYPAL if the banking transfer costs shall not exceed the amount to be sent. Such cost are to be borne by the ARTIST.
6.7. Any reversal requires the communication by the ARTIST of a certified PAYPAL account in order to obtain and justify of his quality as a principal. The failure to do so within 180 days following the first request for payment by the ARTIST will have for consequence the restitution to the internet users of the amount given after deduction of the banking costs.
6.8. The counterpart for MOOZAR's performance in execution of the MANDATE is a commission of 20% excluding taxes of the amounts received by the ARTIST through MOOZAR's site.
6.9. MOOZAR’s commission shall be invoiced concomitantly to the payment of REWARDS
6.10. For each WORK of his catalog he wishes to grant MOOZAR with a MANDATE, the ARTIST shall enter, via the ARTIST ACCOUNT the following information: album's name, author’s name or performing artist name , title's name, Record company , type (music, video, photo, text), his capacity with regards to the WORK, and an illustration of the WORK.
Upon registration or at a later date, the ARTIST may provide MOOZAR with his visual display unit (images,photograph and/or logo) Where applicable, the Beneficiary’s transfer of the visuals shall be carried out under his sole liability and shall imply authorisation granted to MOOZAR to reproduce said Illustrations on the Website, for all territories and up until closure of the ARTIST ACCOUNT.
6.11. For each WORK of his catalogue, the ARTIST can communicate an internet link allowing to listen to the WORK in part or entirely , in order for the internet user to have the confirmation he is rewarding the intended WORK. The ARTIST declares to allow explicitly, with no counterpart, the use of those links available on the online service during the entire time of the MANDATE for the purpose of the framework. He declares to have the rights, power and authority to allow such use and guarantees MOOZAR against any claim, recourse or any sentencing from any third party who may consider that the use of those links referred to above and/or the use of samples of the aforementioned recordings would infringe their rights or rights they manage .
6.12. For each WORK of the catalogue, MOOZAR will provide on the administration interface of the ARTIST, BANNERS and REWARD LINKS.
6.13. MOOZAR will communicate to the ARTIST on the Online Service, data and specifications necessary for the integration of the BANNERS and REWARD LINKS.
6.14. MOOZAR will provide traffic reports to the ARTIST in real-time over the online service , showing the total amount collected by MOOZAR in his name and on his behalf.
6.15. The one registered as an ARTIST is simultaneously registered by MOOZAR as a PARTNER which implies the acceptance without reservation, by the ARTIST, of the provisions of Article 7.
6.16. MOOZAR does not collect Right holder’s fees (royalties), but REWARDS. For that matter the authorisation of the other holders of right to the WORK is not compulsory to open an ARTIST ACCOUNT.
6.17. The ARTIST that mandates MOOZAR to recover REWARDS, obliges himself to the respect of the donor, to reward the other entitled to the work who wish, according the common uses and particularly according the uses for digital sales.
6.18. For the purpose of Article 6.17, the REWARDS received for a title are edited on the Site on the tab « WHO I REWARD »and are viewable by all, inscribed or not.
6.19. MOOZAR shall maintain the ARTIST ACCOUNT during the entire duration of the MANDATE.
6.20. Whilst the creation of the ARTIST ACCOUNT, the ARTIST must define his connection details. The ARTIST is responsible for the conservation and use of his password,it shall be carried out under his sole liability. In particular, the ARTIST is notified regarding the safety issues inherent to the use of the automatic storage function of the Connection Details which may be authorised by his computer system and represents that he assumes full liability for the use and potential consequences of such function. Any use of the ARTIST ACCOUNT following the input of the Connection Details shall be deemed to be carried out by the ARTIST and MOOZAR shall not be held liable under any circumstances for the detrimental consequences to the other contracting party resulting from illegal, fraudulent or abusive use of the ARTIST connection details. The ARTIST is asked to promptly contact MOOZAR in the event of loss or suspicion of fraudulent use of his Connection Details. The ARTIST is informed that in the event of loss of his password, he shall be unable to consult his ARTIST ACCOUNT.
6.21. The MANDATE is entered into for an indeterminate period and may be suspended or terminated at any time and by any means by either party without either compensation or prior notice. Notice of suspension or termination addressed by one party shall be applicable upon reception by the other party.
ARTICLE 7 : CREATION AND USE OF A PARTNER’S ACCOUNT:/AFFILIATE
MOOZAR proposes to all publishers of reading software ( audio/video), of website,of blog of social network to integrate hypertext links redirecting the internet user to the online service of MOOZAR.
The creation of a PARTNER’S ACCOUNT/AFFILIATE is not mandatory to integrate on a website REWARD LINKS or BANNERS. Nevertheless, if the AFFILIATION/PARTNER ACCOUNT is not created, the affiliation won’t be rewarded.
7.1. The AFFILIATE who wishes to integrate REWARD LINKS or BANNERS provided by MOOZAR to redirect the internet user to the online service of MOOZAR and to receive commissions provided for in this section must register as a partner ,it requires the prior creation of a PARTNER ACCOUNT and implies the unconditional acceptance of the General Terms and Conditions of Use, and the conclusion of partner’s agreement.
7.2. The PARTNER ACCOUNT mainly enables the PARTNER to:
-Be identified in the REWARD LINKS or BANNER’S code placed at his disposal.
-Consult and print a copy of the operations realised by his intermediate.
-To edit, print and send the bills / claims;
7.3. To create a PARTNER ACCOUNT, the PARTNER must fill the “PARTNER”or “AFFILIATE” registration form accessible on the Site and approve the General Terms and Conditions of Use. The PARTNER warrants the accuracy of the information provided and the declarations made upon registration or at a later date. Upon creation of his PARTNER ACCOUNT, the PARTNER must define his Connection Details. The PARTNER shall be solely liable for the conservation and use of his password.
7.4. The conservation and use of the PARTNER’S Connection Details shall be carried out under his sole liability. In particular, the PARTNER is notified regarding the safety issues inherent to the use of the automatic storage function of the Connection Details which may be authorised by his computer system and represents that he assumes full liability for the use and potential consequences of such function. Any use of the PARTNER ACCOUNT following the input of the Connection Details shall be deemed to be carried out by the PARTNER and MOOZAR shall not be held liable under any circumstances for the detrimental consequences to the other contracting party resulting from illegal, fraudulent or abusive use of the PARTNER’S Connection Details. The PARTNER is asked to promptly contact MOOZAR in the event of loss or suspicion of fraudulent use of his Connection Details. The PARTNER is informed that in the event of loss of his password, he shall be unable to consult his PARTNER ACCOUNT.
7.5. The Affiliation Contract is entered into for an indeterminate period and may be suspended or terminated at any time and by any means by either party without either compensation or prior notice. Notice of suspension or termination addressed by one party shall be applicable upon reception by the other party.
7.6. The AFFILIATE will integrate on his website the REWARD LINKS and the BANNERS proposed by MOOZAR on his online service. He commits to respect the recommendations for the use of those REWARD LINKS and BANNERS as mentioned on the online service.
7.7. Given the current criminal legislation, MOOZAR can not reward an AFFILIATE whose conduct would be unlawful under penalty of his own criminal liability for crimes of complicity by procuring means.
The AFFILIATE that claims a reward, agrees to forbid the use or the access from his website on which the REWARD LINK(s) or BANNER (s) are incorporated to any content in violation of the intellectual property rights from any thirdparty. He also refrains to promoting illegal downloading, sites dedicated to illegal downloading, and any software or online service notoriously known for infringing intellectual property rights.
The AFFILIATE that claims a reward, agrees to unable any content on the website on which the REWARD LINK (s)or BANNER (s) are posted that could be considered defamatory, offensive, pornographic, contrary to human dignity, public order or morality and more generally any illegal content.
7.8. MOOZAR will provide traffic reports to the AFFILIATE in real-time over the online service of the AFFILIATE , showing the total amount collected by MOOZAR in the name and the behalf of the ARTIST resulting directly from the traffic generated by the AFFILIATE, as well as the amount of commissions owed to the AFFILIATE.
7.9. For the traffic generated on the online service of MOOZAR, the AFFILIATE will receive a commission of 20% excluding taxes of the amounts resulting directly from his traffic and remitted by MOOZAR to the ARTIST.
Limitation : the ARTIST , simultaneously inscribed as a PARTENER, will receive the commission above, when the REWARD has for origin a REWARD LINK shared from his administration interface or a BANNER posted on the registered website during inscription.
7.10. The commissions credited to the online account of the AFFILIATE are available 7 days after the receipt of REWARDS by the ARTIST. The amount offered in payment is the available credit increased VAT if applicable.
7.11. The bills must be established by the AFFILIATE following the billing system defined by MOOZAR on the online service. The SEND button in the heading BILLING allows support of the bill and its payment at the end of the month.
7.12. The banking transfer costs shall be borne by the AFFILIATE.
7.13. MOOZAR remains the owner of all data provided to the AFFILIATE in relation with the execution of this contract. As well as, MOOZAR remains the sole owner of intellectual property rights attached to its online service to the REWARD LINKS and BANNERS. This contract does not involve any transfer of ownership. This contract also gives no right to the AFFILIATE on the contents of the MOOZAR website.
7.14. MOOZAR grants the AFFILIATE, who accepts, the right to use the REWARD LINKS and BANNERS for the purposes of this contract. This right is granted as long as the PARTENER'S ACCOUNT is valid.
7.15. The AFFILIATE is sole responsible for the content (s) appearing on his website. He guarantees MOOZAR against any claims by any third party whatsoever that considers the content of the AFFILIATE website infringes its rights or encourages prejudice to his rights.
7.16. MOOZAR can not be held responsible for a poor integration of REWARD LINKS and BANNERS on the website of the AFFILIATE.
7.17. MOOZAR also can not be held responsible for failure of the Internet by the activation of the REWARD LINKS and BANNERS the website of the AFFILIATE.
7.18. MOOZAR’s responsibility could only be initiated for any direct damage, and its responsibility is excluded in cases of consequential damages. Therefore, for the purposes of this contract, consequential damages are the loss of profits, revenue, margins, earnings, as well as the loss of orders, customers, operating, marketing activities, or harm to the image or action of third parties.
ARTICLE 8: REWARDS, PAYMENTS
REWARDS can only be made for WORKS included in MOOZAR’S CATALOGUE.
In order to make a REWARD, the Internet User must first identify the WORK to which the REWARD relates, add it to his Cart and determine the amount of his REWARD.
In order to add one or more WORKS to his Cart, the Internet User can use the following procedure:
- Identification of the WORK in MOOZAR’s Catalogue and addition to the Cart
- Once the WORK has been added to the Cart, the Internet User must seize the amount of his REWARD.
- Once he has completed his selection the Internet User if he wishes to carry out a payment must click on the “REWARD” tab.
- The Internet User who has validated his selection and clicked on the REWARD tab is redirected to a secure internet page which enables him to make a Payment, via a secure payment system, by credit card (Visa, MasterCard) or by means of a PayPal account held by the Internet User.
ARTICLE 9: LIABILITY
9.1. As the Internet User, the ARTIST,and the PARTNER acknowledge that they have full knowledge of the general features of the Internet network and the limits thereof. MOOZAR shall not under any circumstances be held liable, directly or indirectly, due to any dysfunction of the Website resulting from a dysfunction of all or part of the Internet network, computer equipment or software used by the Internet User , the ARTIST or the PARTNER due to any reason whatsoever.
9.2. MOOZAR shall not incur any liability with regard to any breaches of copyright held by writers, performers and sound or video producers, and generally any breaches of statutory provisions applying to literary and artistic property rights carried out by Internet Users.
9.3. Each Internet User , ARTIST and PARTNER shall be responsible for taking all appropriate measures to protect their data and/or software against contamination by any virus circulating on the Internet and against any system intrusions.
9.4. The Internet User and the PARTNER are informed regarding the fact that the information shown in MOOZAR’s CATALOGUE, including the identity of the ARTIST, is provided to it by the ARTIST. It is the responsibility of the internet user to make sure of the identity and the quality of the beneficiary of the REWARD through the “WHO I REWARD” button. MOOZAR may not under any circumstances be held liable by the Internet User due to any errors, omissions or false declarations which may be made by any ARTIST.
9.5. MOOZAR undertakes to use its best endeavours to enable Internet Users, ARTISTS and PARTNERS to have access to the Site under the best conditions.
However, MOOZAR’s liability shall not be incurred in any manner whatsoever due to the Site being down due to a force majeure event, defect in the operating of telecommunications equipment or network, or its technical service providers’ telecommunications equipment or network, updating and maintenance of the Site.
ARTICLE 10: INTELLECTUAL PROPERTY
The general structure of the Site and its content are protected by in force legislation in France with regard to intellectual property and, in particular, copyright, neighbouring rights, trademark rights, image rights and in force international legislation.
ARTICLE 11: SUPPORT AND ASSISTANCE
MOOZAR shall provide Internet Users, ARTISTS and PARTNERS with technical support which may be consulted under the “Contact” heading shown on the Site.
ARTICLE 12: PERSONAL DATA
12.1. The Use of the Site, creation of a USER ACCOUNT , an ARTIST ACCOUNT, or a PARTNER ACCOUNT, even the payment of REWARDS alone, may require MOOZAR to collect and process personal data relating to you, under its liability, such as for example, your surname, first name, country of residence, date of birth or e-mail address. Such data collection and processing, which are necessary to enable MOOZAR to provide the solution offered on the Site, are intended for the performance of our obligations deriving from the General Terms and Conditions of Use, MANDATES and Affiliation Contract. Such data collection and processing shall be carried out in accordance with the provisions of Act No. 78-17 of 6 January 1978 relating to data protection, as amended by Act No. 2004-801 of 6 August 2004.
12.2. All users of the Site shall have a right to object to the processing of his personal data. An Internet User’s, ARTIST’s or a PARTNER’s objection to processing of his personal data may have an impact on the use of the functionalities and solutions proposed on the Site. Moreover, the Internet User may have a right of access, modification, correction and deletion his personal data.. The User, the ARTIST or the PARTNER may also exercise their right of access, modification, correction and deletion of their personal data by contacting MOOZAR in writing in this respect at the following address: MOOZAR, 23 rue d'Anjou, 75008 Paris. A copy of the Internet User’s personal data may be provided to him upon request in writing and in return for a refund of the photocopying costs. However, MOOZAR is entitled to refuse requests which are clearly abusive, in particular in view of the number, repetitive or systematic nature thereof.
12.3. The Internet Users , ARTISTS and PARTNERS are informed that some of their personal data may be passed on to MOOZAR’s technical and banking service providers.
12.4. The Site has filed a declaration with the French Data Protection Authorities (Commission Nationale Informatique et Libertés (CNIL)).
ARTICLE 13 : INTELLECTUAL PROPERTY
The general structure of the Site and all content shown on this Site (images, articles, photographs, logos, trademarks, contracts, videos, interviews, sounds, texts, etc.) are protected by in force legislation in France with regard to intellectual property and, in particular, copyright, neighbouring rights, trademark rights, image rights and in force international legislation.
All rights of reproduction are strictly reserved, including with regard to photographs, text, downloadable documents and iconographic representations.
In this respect, in the absence of MOOZAR’S express authorisation, it is strictly prohibited to use the content of the Site and, in particular, reproduce, represent, modify or adapt all or part of such content.
ARTICLE 14 : HYPERTEXT LINKS
The creation of (simple or deep) hypertext links to our Site is subject to the prior approval of MOOZAR’S Publication Director.
MOOZAR shall not incur liability for hypertext links created towards other websites as it does not exercise any control over the content of such websites.
ARTICLE 15: AMENDMENT OF THE GENERAL TERMS AND CONDITIONS OF USE
15.1. The General Terms and Conditions of Use may be consulted at all times on the Site. It is recommended that Internet Users, ARTISTS and PARTNERS print them.
15.2. MOOZAR may update the General Terms and Conditions based on all statutory, regulatory or technical changes and all amendments to the Site’s functionalities. Where applicable, the Internet Users, the ARTISTS and PARTNERS shall be informed on the Site regarding any amendments to the General Terms and Conditions of Use and shall be asked to accept them.
15.3. In the event of disagreement by an Internet User, a ARTIST or a PARTNER relating to the new General Terms and Conditions of Use shown by MOOZAR on the Site, the former General Terms and Conditions of Use shall continue to apply regarding past operations but MOOZAR may freely terminate the agreements and proceed with the closing of an account. Only the most recent General Terms and Conditions of Use accepted by the Internet User shall apply between MOOZAR and the Internet User. Moreover, only the most recent General Terms and Conditions of Use accepted by the ARTIST shall apply between MOOZAR and the ARTIST. As well are solely applicable between MOOZAR and the PARTNER, the most recent General Terms and Conditions of Use accepted by the PARTNER.
ARTICLE 16: MISCELLANEOUS
In the event where any provision of the General Terms and Conditions is null or unenforceable, the parties’ mutual intent shall be taken into account to overcome such nullity or enforceability, which shall not affect the remaining in force provisions of the General Terms and Conditions of Use.
The General Terms and Conditions of Use shall be governed by French law.