Legal notices

About

The service is intended to facilitate the distribution of personal works concerning the various areas of interest and activities in the creative sector.

The user is anyone using the site and in particular the individual putting creative works online.

The user undertakes to respect all applicable legislation and regulations, be these local, national or (where applicable) international, and recognises that he or she is solely responsible for all operations or distribution of content effected with his username and password. This disposition also applies equally to all emails sent by the user and all exchanges or activities effected within the distribution lists managed by said user or to which he subscribes with the said username and password.

The user may upload his personal creations to the http://creabook.com website. He or she must be the author of the works uploaded and agrees to their free distribution via the http://creabook.com website. The user hereby authorises the reproduction and illustration of his or her works on the site and is aware that the addition of his or her works to the website constitutes an act of distribution.

Hold harmless clause

The user declares that in his or her creation he has introduced no work, suggestion or resemblance or, more generally, any image, sign, photograph or text liable to violate the rights of a third party, especially in application of the Intellectual Property Code, the Penal Code, laws governing the press, the right to respect of individuals and of their image, giving rise to proceedings and such as to upset the utilisation of the website. The user undertakes not to put online any obscene work and/or works contrary to public order or constituting a breach of good morals.

The user shall thus hold harmless the director of the publication and the webmaster of http://creabook.com against any actions, claims from third parties or any other proceedings resulting from the putting online of the user’s work.

In order to enable the director of the publication at any time to control the legitimacy of the content of the personal creations, the user undertakes immediately and upon first request to provide him with all the substantiating documentation making it possible to prove that he indeed holds the rights to the creations put online at http://creabook.com and that this uploading is legal.

Respect of content

The user is nevertheless also reminded that no downloading, printing or reproduction of the content’s of the site or of a part of the site with a view to its reproduction for commercial, advertising purposes or to back up on a hard disk is allowed.

Failure to respect this clause leads the user to accept responsibility for any counterfeit copy for civil and criminal purposes, and said user must hold harmless the webmaster for any sentences issued against him on this count, including any damages, interest and costs of proceedings.

In sending information via the http://creabook.com site, the user grants the right to use part or all of his or her creations, texts and information put online for distribution, posting or reproduction on all media published by Pyramyd NTCV, without his or her permission being necessary beforehand for any material put online by the user, and no infringement is thereby caused to his copyright.

The user notes and accepts that the http://creabook.com site has the possibility of posting images and/or text to any position within the service without this being considered an infringement on the integrity of the works put online, and more generally an infringement on the user’s moral rights; it is to be noted that said manipulations could include the introduction of sponsors’ messages in the messages sent via the distribution lists, forums, news bulletins and emails. The http://creabook.com website reserves the right to include advertising banners in the emails or news bulletins sent by its intervention.

CONTENT AND CREATION OF HYPERTEXT LINKS

The http://creabook.com website may not be held responsible for the contents of the web pages held or exchanged between users on the http://creabook.com website, and does not necessarily agree with the contents, which it reserves the right to remove in response to any request to do so that it deems justified. The user recognises that the points of view and opinions exchanged in some content submitted to the http://creabook.com website may not necessarily reflect the points of view and opinions of Pyramyd NTCV, of its management and its staff.

The user will consequently be solely responsible before third parties with regard to any claims made resulting from his or her points of view expressed on the http://creabook.com website or from his or her use of the http://creabook.com site, and he has therefore hold Pyramyd NTCV and the webmaster harmless with regard to any claim made by third parties in this regard.

The user may include links on the pages set aside for him to his own personal website or to another from whose proprietor he has obtained express permission so to do. The creation of any hypertext link without the site owner’s knowledge is forbidden, and the http://creabook.com site hereby disclaims all responsibility should this ban be ignored; the use shall then hold the http://creabook.com site harmless of all the consequences of a link created to the prejudice of a third party demanding compensation or its suppression.

Pyramyd NTCV reserves the right at its discretion to review any content sent or submitted to the system of the http://creabook.com website. If Pyramyd NTCV considers that the user has broken the law and/or these general conditions with his or her content, it may, without engaging its responsibility, immediately suspend his or her access to the http://creabook.com website on a temporary or definitive basis, and cancel his or her account.

Moreover, Pyramyd NTCV reserves the right (which in no case constitutes an obligation) to suppress any lists or accounts that might be deemed inactive and to suppress any account sending unsolicited advertising emails, spam or any other non-requested advertising messages. Pyramyd NTCV shall be under no obligation to notify or provide reasons for said suppression, suspension or termination to the user.

Pyramyd NTCV shall be under no obligation to notify the user or provide reasons for any suppression, suspension or termination of the user’s service. If Pyramyd NTCV considers the user to be responsible for breaking an applicable law, Pyramyd NTCV reserves the right to consign whatever appropriate content to the competent authorities to accord with the appropriate proceedings.

CANCELLATION OF SERVICE

The user may also, at any time, request that the information creations he or she has uploaded to the http://creabook.com site be suppressed and/or modified.

AVAILABILITY

The use of the http://creabook.com website is undertaken at the exclusive risk of the user. Pyramyd NTCV strives to provide a continuous service and full availability of the system, but the user recognises that the services provided cannot be operational or accessible at all times, and downtime may occur during registration or use of the site’s various functional features. Continuous and error-free operation or total availability of the http://creabook.com website is thus subject to the technical risks inherent in all IT tools and the internet, and the user therefore exonerates Pyramyd NTCV of all technical responsibilities, notably with regard to the non-delivery of an email.

Aware of the specific constraints of the internet, the user recognises the impossibility of a total guarantee of the security of exchanges in data.

Pyramyd NTCV reserves the right to change the appearance of the site in a temporary or permanent manner, or totally to remove the http://creabook.com website, without users being thereby entitled to demand compensation or dispute this decision. The site may be closed without prior notice and without compensation being owed to the users for any reason whatever.

MODIFICATIONS TO THE PRESENT GENERAL CONDITIONS

Pyramyd NTCV reserves the right to modify the present conditions of use. This right will apply particularly to the case in which imperative legal dispositions or the broadening of the utilisation service render such modifications necessary. Any modifications to the present conditions will be made known to the user by email. One month after the user has received the notification of said modifications, these will be taken as having been accepted if the user raises no objection in writing or by email. This consequence will be notified to the user via the http://creabook.com at the same time as the announcement of the modification. The user must communicate his or her opposition to the modification to Pyramyd NTCV within one month of the announcement of the modification

TECHNICAL GUARANTEES

Every risk associated with the results and performance of uploading to the site must be assumed by the user. Pyramyd NTCV may not be held responsible for assuring the quality of reproduction of images digitalised by the user for uploading to the http://creabook.com website.

The purpose of the http://creabook.com site is not to assure the safeguarding of information and content put online by users, and Pyramyd NTCV may therefore not be held responsible for the absence of safeguarding all or part of the creations and elements freely put online by users.

The webmaster has full faculty at any time to modify the operating conditions of the website and present general conditions. Pyramyd NTCV may not be held responsible for cases of force majeure or unpredictable events independent of its wishes that interrupt the functioning of the site and/or lead to the loss of all or part of the data stored on the site.

APPLICABLE LAW

French law shall be the sole law applicable concerning the use of the http://creabook.com website and any disputes that might arise from its use. All disputes with regard to the functioning of the site, the validity and implementation of the present general conditions shall fall under the competence of the tribunal in the jurisdiction of the Paris Court of Appeal.

If some of the regulations in the present conditions should prove to be of no effect or impossible to implement, the application of the other regulations shall in no way be affected as a result. In this case, the regulation of no effect or inapplicable may be replaced by another that is as close as possible to the content of the regulation of no effect or inapplicable regulation.

I hereby confirm that I have read and noted the general conditions of use of the http://creabook.com website as above and accept them unconditionally.