General terms of use of the site Mandrillcomics

ARTICLE 1: object

The present "general terms of use" (named GTU) have for object the legal frame of the modalities of provision of the services of the site mandrillcomics.com and their use by "the User".

General terms of use must be accepted by every User wishing to reach the site. They establish the contract between the site and the User. The access to the site by the User means its acceptance of the present general terms of use.

Possibly:

  • In case of non-acceptance of general terms of use stipulated in the present contract, the User owes give up the access of the services proposed by the site.
  • Mandrillcomics reserve the right to modify one-sidedly and at any time the contents of the present general terms of use.

ARTICLE 2: legal notices

The edition of sites mandrillcomics.com and mandrillcomics.com are assured by the Company Mandrillcomics SAS with a capital of 17.000 € whose head office is situated in 55 boulevard Charonne, 75011 Paris.

The Editorial director is Mr HERDEGEN Matthieu.

The host of the site mandrillcomics.com is the OVH company whose head office is situated in 19 Place Françoise Dorin, 75017 Paris

ARTICLE 3: definitions

The present clause has for object to define the various essential terms of the contract:

  • User: this term indicates every person who uses the site or one of the services proposed by the website.
  • User contents: they are the data transmitted by the User within the site.
  • Member: the User becomes member when he is identified on the site.
  • Identifier and password: it is all the information necessary for the identification of a User on the site. The identifier and the password allow the User to reach services reserved for the members of the site. The password is confidential.
  • Creator: natural or legal entity registered as such and being able to put on-line works an owner of which it is. It can also put on sale articles in the space " shop "
  • Shop: Marketplace of the site Mandrillcomics where the users can buy articles to the creators
  • Subscription: serviceof participative and voluntary financing of the indefinite user and without counterparty of the company mandrillcomics or of the creator.

ARTICLE 4: access to the services

The site allows the User a free access to the following services:

  • The contents of the creators;
  • The creation of a user and/or creative account;
  • The access to the marketplace;
  • Publication and distribution of works;

The site is accessible free of charge in any place to every User having an access to Internet, by means of its own equipments and terminals of telecommunication including computers, Smartphones, iPads, tablets and others without this list is exhaustive.

He has to have in this respect an access to the Internet network and all the materials and the necessary software to use the on-line service.

The User gives evidence of the power, the authority and the capacity necessary for the conclusion and for the execution of the obligations planned in the present.

The Mandrillcomics company is not responsible for the quality of the telephone line nor for the internet connection of the User which is assured with the operator of telephony or FAI with or of whom he subscribed according to the provisions of the article L121-83 of the Code of the Consumption.

The not member User has no access to the services reserved for the members. For that purpose, he has to become identified by means of his identifier and of his password.

The site implements all the ways provided him with to assure a quality access to its services. The obligation being of ways, the site does not make a commitment to reach this result.

Any event due to a case of absolute necessity having for consequence a dysfunction of the network or the waiter does not engage the responsibility of mandrillcomics.

The access to the services of the site can be the object at any time of an interruption, a suspension, a modification without advance notice for a maintenance or for any other case. The User obliges to demand no compensation further to the interruption, further to the suspension or further to the modification of the present contract.

The User has the possibility of contacting the site by electronic mail at the address contact@mandrillcomics.com.

ARTICLE 5: intellectual property

The marks, the logos, the signs and contents of the site are the object of a protection by the Code of the intellectual property and more particularly by the copyright.

The contents of the Creator do not belong to the company Mandrillcomics. He is made available by the creators for free.Mandrillcomics cannot be held responsible at no time for his contents.

In case of a description to Mandrillcomics reserve the right of penalty in case of a breach of the current laws and regulations and of the presence of contents:

  • Making the apology of crimes against humanity,
  • Inciting to the drug use, tobacco and illicit substances,
  • Inciting to the racial hatred, to the violence, to the death or growing to the suicide,
  • With character relative to child pornography,
  • And in a general way striking a blow at the human dignity,
  • As well as any contents violating the laws commercial as the baronage, the misleading advertising, the forbidden advertising, the unfair competition,

The creator recognizes that the information which he gives on the platform Mandrillcomics, is it under his only responsibility. He is also responsible for the update of this information, he assures the full responsibility to the company Mandrillcomics of the consequences resulting from any omission or carelessness in this respect.

On no account, a user and/or a creator cannot look for and/or question the responsibility of the company Mandrillcomics in case of suspension of the access of the user to all or part of the Service nor for the possible direct or indirect harmful consequences by resulting.

By virtue of articles 1 - 5 of the law 2004-575 of June 21st, 2004, the Mandrillcomics company is kept in no general obligation to watch the information and the accessible contents on the platform nor in any general obligation to look for facts or circumstances revealing of illicit activities.

The User and/or the Creator makes a commitment to guarantee and to indemnify the Mandrillcomics company against the consequences of any complaints emanating from third, and/or from Creators, and/or from Users, consecutive to the failure to respect by the User of the current laws and regulations, the intellectual property right, the non-fulfillment or the bad execution of the transaction, knowing that the User makes a commitment to bring any cooperation within the framework of the treatment of the complaint of another User or third against them.

The User is responsible for the update of the supplied information and owes in case of change, to proceed to the modification of his information at any time on the form.

The User requests the prior authorization of the site for any reproduction, publication, copy of the various contents.

The User commits to a use of the contents of the site in a strictly private frame. A use of the contents for commercial purposes is strictly forbidden.

Any put on-line contents by the User are of his only responsibility. The User makes a commitment not to put online of contents being able to strike a blow at the interests of tierces people. Any appeal in justice committed by a third hurt against the site will be taken care by the User.

The contents of the User can be at any time and for any reason deleted or modified by the site. The User receives no justification and notification before the abolition or before the modification of the User contents.

ARTICLE 6: personal data

The information asked the registration in the site is necessary and compulsory for the creation of the account of the User. In particular, the e-mail address can be used by the site for the administration, the management and the animation of the service.

The site insures the User a collection and a processing of personal information in the respect for private life according to the law n°78-17 of January 6th, 1978 relative to the computing, to the files and to the liberties.

By virtue of articles 39 and 40 of the law on January 6th, 1978, the User has a right of access, rectification, abolition and opposition of his personal data. The User exercises this right via contact@mandrillcomcis.com

ARTICLE 7: responsibility and force majeure

The sources of the information spread on the site are considered reliable. However, the site saves itself the faculty of a non-guarantee of the reliability of sources. The information given onto the site is it in purely informative title. So, the User assumes only the full responsibility of the use of the information and the contents of the present site.

The User makes sure to keep his secret password. Any disclosure of the password, whatever is its shape, is forbidden.

The User assumes the risks bound to the use of his identifier and password. The site disclaims all liability.

Any use of the service by the User having directly or indirectly for consequence of the damage has to be the object of a compensation for the benefit of the site.

An optimal guarantee of the safety and the privacy of passed on data is not assured by the site. However, the site makes a commitment to implement all the necessary means to guarantee at best the safety and the data privacy.

The responsibility of the site cannot be committed in case of force majeure or of the unpredictable and insuperable fact of a third.

ARTICLE 8: hypertext links

Numerous outgoing hypertext links are present on the site, however the web pages where lead these links engage not at all the responsibility of mandrillcomics.com which is not in control of these links.

The User thus refrains to engage the responsibility of the site concerning the contents and the resources relative to these outgoing hypertext links.

ARTICLE 9: evolution of the contract

The site saves itself at any time the right to modify clauses stipulated in the present contract.

ARTICLE 10: duration

The duration of the present contract is indefinite. The contract produces its effects towards the User as from the use of the service.

ARTICLE 11: applicable law and competent jurisdiction

The French legislation applies to the present contract. In case of absence of amicable resolution of a dispute been born between the parts, only the courts within the competence of the Court of Appeal of the city of bets are competent.

ARTICLE 12: publication by the User

The site allows the members to publish comments and personal works.

In its publications, the member makes a commitment to respect the rules of the Netiquette and the current legal rules.

The site exercises one moderation a posteriori on the publications and reserves the right to refuse their alignment, to have to justify itself it with the member.

The member remains a holder of his/her entire intellectual property rights. But by publishing a publication on the site, he gives up to the publishing company the not exclusive and free right to represent, to reproduce, to adapt, to modify, to spread and to distribute his publication, directly or by an authorized third, all over the world, on any support , for a period of the intellectual property.

The Member transfers in particular the right to use its publication on the Internet and on the networks of mobile telephony.

The publishing company makes a commitment to make represent the name of the member near every use of its publication.

ARTICLE 13: maintenance of the site

The Mandrillcomics company saves itself the possibility in case of technical problem requiring it and not being able to be otherwise solved, to suspend partially or completely the Service to lead adequate operations of maintenance of its network and/or its material and software components.

The Mandrillcomics company will communicate as soon as possible updates to the User until the correction of the interruption or the concerned deterioration knowing that this obligation(bond) is only a best effort undertaking, the Mandrillcomics company which can protect from deadline(extension) for the resumption of the Service(Department).

Article 14: data relative to the payment

The payment of the transactions concluded by the User on the Platform Mandrillcomics will be made via the service of secure payment and supposes that the User opened beforehand a personal account.

The user has the possibility of realizing payments on the platform by one of the following choices: bank card: the User has to be a holder of a payment card emitted by a banking and usable institution at the storekeepers and service providers affiliated to the network CB, Bank card.

Paypal: the User has to possess an account Paypal supplied enough to reach one of the products and services.

Article 15: tariff Conditions

The User can make the purchase in the price list which is proposed to him with full transparency on the offer of the Creator. This transaction will be payable by bank card or by Paypal.

The Mandrillcomics company assures no responsibility as for the price of the offer determined by the only Creator.

The purchase of the service offer of the Master's degree is an act concluded between the only Master's degree and the User.

Mandrillcomics will take a committee on all the acts concluded in a price list communicated with the user before the conclusion of the act of purchase. Mandrillcomics reserves the right to change at any time and in a unilateral way the amount of committees so perceived before the conclusion of the act of purchase.

Article 16: cooling-off period and condition of return

According to the article L 121-21 of the Code of the Consumption, the User has the faculty to exercise his right to withdraw by contacting Customer services in the email address below: contact@Mandrillcomics.com and it within 14 days.

Mandrillcomics is a platform of getting in touch of the user and the creator. The returns are subjected to the constitution of a demand beforehand on the site of mandrillcomics. Its expedition is in realized at the expense of the User. After reception of return by the creator and its validation, the refund will be made by Mandrillcomics to the user by the same method as the used method of purchase.

The creator has to pay off the company mandrillcomics in one deadlines maximum of 30 days.

Article 17: subscription

Mandrillcomics gives two financial means to finance the creators. These offers are compulsory on no account and rest on the voluntary service of the user.

The first one is a monthly subscription of unlimited duration to tacit renewal and of an amount defined by the user. The amount and its duration are modifiable by the User at any time since the site mandrillcomics.

The User has the possibility of choosing a creator in particular as his subscription. In this case the amount of the transaction will be put back to the creator owner of the work and respecting the privileges of previous articles on the right intellectual. In the case of a creator aimed by a description of non compliance with general terms of use, Mandrillcomics reserves the right to rule on the payment or not of the subscription to the creator to redistribute it in proportion to the number of views monthly magazines by artists.

The user not choosing a creator in particular as his subscription will have his paid subscription to all the artists in proportion to the number of monthly views by artists.

The pro rata of the number of monthly views by artists is left with the free interpretation of the company Mandrillcomics and cannot be the object of complaint of Users and of creators.

Mandrillcomics will take a committee on all the concluded subscriptions to a price list communicated with the user before the conclusion of the act. Mandrillcomics reserves the right to change at any time and in a unilateral way the amount of committees so perceived before the conclusion of the act of purchase.

The second is the release of an advertising video of an advertising agency not belonging the company mandrillcomics. Available on the button " Help the artist - Watch the year add ". The contents of this one and its functioning as well as its duration are not of the responsibility of the company mandrillcomics but of the advertising agency spreading these contents. The number of viewing is limited to three every 24 hours. This viewing rests on the voluntary service of the User and not maybe been imperative by a tier.

For any description concerning this service, the company mandrillcomics can be contacted by e-mail: contact@mandrillcomics.com.