Sales Terms and Conditions - General Terms and Conditions

[version 07.10.2010] 

Foreword

Joining ateliermagique.com

When you join ateliermagique.com, you agree to enter accurate information in all of the fields of the registration form. It is free to join. You must be an adult to be a member.

The ateliermagique.com site also offers a premium membership option. There are fees for premium membership, which gives you access to additional services.

When you create a regular or premium member account, you guarantee that the information you provide is genuine and accurate. Furthermore, you agree to provide a real e-mail address that belongs to you. If you do not receive the messages that ateliermagique.com sends you, you forfeit the right to make any claim and/or take any legal action against CREATOME.COM SARL.

You also specifically agree not to use a username that consists of the first and last name of another person, unless you have the same name.

When your membership has been approved, you will have a username and password that are personal and confidential. You should not share this information with others. CREATOME SARL can in no way be held responsible if you lose this information or if your account is used by others.

If you use the username and password for purposes other than those for which they are intended, CREATOME.COM SARL reserves the right to delete your account without warning. You are solely responsible for the use of these identifiers by others, as well as all actions taken or declarations made through your account, whether they are fraudulent or not. You indemnify and hold harmless CREATOME SARL against any claims in such a circumstance.

Furthermore, because CREATOME SARL has no way to verify the identities of people who register for its services, it cannot be held responsible for usurpation of a member's identity. If you believe that someone is using your account or identity, you must notify us immediately using the contact form, or by mail to the address provided in the Legal Information section.

The ateliermagique site allows every member to choose his/her own username. This username is unique to each member throughout the world. The ateliermagique.com site reserves the right to delete accounts that have been inactive for more than six months, that is, accounts that have not been logged in to in the previous six months.

In accordance with articles L 121-19 and L 121-20 of the French Code de la Consommation (Consumers' Code), you are hereby informed that you have seven days from the time you subscribe to a premium membership to exercise your right to cancel this membership for any reason and without penalty of any kind. To exercise your right to cancel, you must contact us via the contact form within seven days of placing the order. You will then be reimbursed within 30 days using the same method of payment you used to place your order. However, and in accordance with article L 121-20-2-1° of the French Consumers' Code, you no longer have a right to cancel once you have accessed the features reserved for premium members.

Content Submitted by Members

By publishing your work on this site, you agree not to submit work:

- of which you are not the author,

- of which the photo is low quality (not centered, blurry, showing elements other than the work itself, etc.)

- that contains content that cannot be displayed on a public site,

- that contains adult content,

- that is pornographic,

- that disturbs the peace or moral standards,

- that is hateful, defamatory, racist, xenophobic, revisionist; that damages the honor or reputation of another person,

- that incites to discrimination, hate of a person or group of persons based on their origin, or the fact that they belong or do not belong to a particular ethnic group, nation, race, or religion; that is pornographic or pedophile in nature; that incites to criminal acts or acts of terrorism; or that is apologist for crimes, acts of terrorism, war crimes, or crimes against humanity.

CREATOME.COM reserves the right to refuse to publish works that do not respect these rules.

The works submitted to ateliermagique.com must be the intellectual property of the member who submits them. Under no circumstances can CREATOME.COM SARL be held responsible if a submitted work is a copy.

By participating in the site, you agree not to produce other kinds of content that does not also respect these rules. CREATOME.COM SARL reserves the right to delete any contributions to the site that do not respect these rules.

As a member, you can register one or more sites in the ateliermagique.com directory. These sites are all subject to an approval process. You agree not to submit a site that:

- displays pornographic content or advertising

- allows others to obtain, directly or indirectly, pirated software, software serial numbers, software that enables pirating or hacking into information or telecommunications systems, viruses and other logic bombs and, in general, any software or other tool that would threaten the rights of others, or the safety of people or property.

Under no circumstances can CREATOME.COM SARL be held responsible if illegal content is published on the site by a member.

Using ateliermagique.com

By using ateliermagique.com services, you agree to:

- obey the law and respect the rights of others,

- conduct yourself with decency when interacting with the ateliermagique.com site and other members,

- respect intellectual property rights that apply to the content provided by ateliermagique.com and the other users,

- never use a feature of ateliermagique.com for a purpose other than that for which it was intended,

- not use ateliermagique.com to communicate, to CREATOME SARL or other members, any information that you think could, if disseminated, cause you harm,

- not disseminate false information or content,

- not disseminate any information or content that infringes on the rights of others; that is defamatory, insulting, obscene, violent; that incites to violence of a political, racist, or xenophobic nature; or, in general, any information or content that is inconsistent with the purpose of ateliermagique.com, or is against the law or moral standards.

In the event that a member does not abide by one or more of these rules, CREATOME SARL reserves the right to delete the member account without warning, whether it is a premium or regular account, to block the account of the offending member, to automatically delete any inappropriate postings, to prevent publication of all or part of the member's profile, and/or to block his/her access to all or part of the services, temporarily or permanently, without compensating the member in any way. Under no circumstances will fees paid by a member be reimbursed if his/her account has been permanently deleted by CREATOME.COM SARL.

Such deletion will take place without prejudice to any compensation CREATOME.COM SARL, its owners, or its legal representatives might claim against you for damages resulting from your failure to abide by the rules. The permanent deletion of an account includes deletion of all content associated with the account (works of art, forum contributions, comments, sites listed in the directory, this list not being exhaustive).

The links on this site could take the user to outside sites, for the content of which the company CREATOME.COM SARL can in no way be held responsible. This applies to the links in the directory and any other links that members may place in the forum or their personal profiles.

Privacy Agreement

The information we collect

In several areas of the site, we collect information about you in order to serve you better. This information may include your first and last name, address, birth date, country and place of residence, and e-mail address (this list not being exhaustive). We collect such information, for example, when you register on the site.

We may also collect anonymous information, such as your IP address, the kind of Web browser you use, the pages of our site that you visit, or the advertisements that you click. In some cases, it is possible for us to link this anonymous information to your account.

Like a large majority of websites, we also use cookies to collect information. Cookies are files that are saved on the hard drive of a user's computer to personalize content displayed when he/she is using the ateliermagique.com site. Cookies are used by ateliermagique.com to ensure its smooth functioning, enabling you, for example, not to have to re-register every time you visit the site. Our advertiser partners may also place cookies on your hard drive in order to target you; these techniques do not involve collecting your name.

Note: Please be aware that you can refuse to accept cookies, or choose to be warned before accepting them, by configuring settings in your browser. In this case, it is possible that certain features of the ateliermagique.com site may not be accessible by you.

Note regarding Google AdSense: As a third-party provider, Google uses cookies to publish advertisements on ateliermagique.com. Using the DART cookie, Google adapts its advertisements to users based on where they navigate within ateliermagique.com and other sites. Users can deactivate the DART cookie by going to the privacy settings page for Google's content advertising network.

The ateliermagique.com site has been declared to the CNIL (Commission nationale de l' informatique et des libertés/National Commission for Computing and Freedoms) under the number 1048893. In accordance with the Informatique et Libertés (Computing and Freedoms) law of January 6, 1978, you have the right to access, correct, modify, and delete data that pertains to you. You can exercise this right by sending a letter to the following address: creatome.com, 4 allée des Muguets - 38230 TIGNIEU.

You can, at any time, modify or delete all of the information pertaining to you directly on the ateliermagique.com website in your "My Account" space. If you wish to permanently delete your account and all associated data, please use the contact form.

How we use information

We use your personal information to communicate with you and to customize your visit to the ateliermagique.com site. Your information may also be used internally for statistical and research purposes. We use non-personal information to understand how visitors use the ateliermagique.com site.

Sharing information

Information pertaining to you will never be shared with a third party, neither sold nor exchanged, unless you yourself choose to do so by registering for the newsletter of an ateliermagique.com partner, for example, or by using services that require that you provide your information. In the case of online payments, we transmit certain information to our partners to ensure secure payment.

We may share certain information about you if we receive requests in due form in the context of a legal procedure.

Finally, we could share your information if another company were to take control of CREATOME SARL. Any such company would, of course, be bound by the commitments made by CREATOME SARL regarding the privacy of your data.

Copyright & Intellectual Property

The ateliermagique.com site

The French law of March 11, 1957, as stated in paragraphs 2 and 3 of Article 41, allows on the one hand, only "copies or reproductions that are strictly reserved for private use of the person who made the copy, and not for collective use" and, on the other hand, only analysis and short citations used for purposes of example or illustration (Paragraph 1, Article 40: "Any use or reproduction, in whole or in part, made without the consent of the author, his representatives, or his beneficiaries, is illegal.").

Any use or reproduction, in any form, that constitutes misuse of the ateliermagique.com site will be considered copyright infringement as sanctioned by articles 425 and following of the Code pénal (Penal Code).

ateliermagique.com is a trademark registered at INPI under the number 09/3 624 544 as of 21 January 2009.

Content produced by ateliermagique.com

The content published online by ateliermagique.com, unless otherwise specified, is the intellectual and legal property of its publishers.  Without our express consent, ateliermagique.com does not authorize the reproduction of the titles of articles produced for the site without the accompanying text (summary or beginning of article) and a direct link to the ateliermagique.com site (without using a frame or redirection). Under all circumstances, this original written material cannot be cited without notifying the author via the contact form.

Content produced by members

Works of art, forum contributions, comments, and sites in the directory represent the content produced by members. CREATOME.COM SARL holds a non-exclusive license to use intellectual property associated with content provided by members for dissemination on the ateliermagique.com site in France and abroad.

By providing content on ateliermagique.com, you authorize CREATOME.COM SARL to modify it to fit on a page, translate it, and to display it to visitors to ateliermagique.com in France and abroad.

By providing content on ateliermagique.com, you are aware that it could be copied by third parties, either manually or automatically. You accept this risk and under no circumstances can the company CREATOME.COM SARL be held responsible for copying and use of your content by third parties.

Duration of Premium Subscription / Account Deletion

Your regular membership on ateliermagique.com lasts for one year and is renewed automatically for an additional year.

You can, at any time, cancel your membership via the contact form.

By becoming a premium member, you have access to additional services for a time period that you choose when you subscribe. At the end of this period, your premium member subscription ends and is not automatically renewed. If you wish to extend your premium membership, you can do so by going to "My Account / My Subscription."

Liability

The information provided by a member must be accurate and genuine. Any consequences that the publishing of this information may have on your life and/or the lives of other members are your exclusive responsibility.  You forfeit the right to take any action against CREATOME.COM SARL, notably on the grounds of damage to your public image or honor, or invasion of your privacy, that may result from publishing or disseminating information pertaining to you.

In the event that CREATOME.COM SARL is legally pursued due to a member's failure to comply with his/her obligations under the law or these Terms and Conditions, the member agrees to indemnify and hold harmless CREATOME.COM from any sentence he/she may receive, this guarantee including any fines that might be paid as well as attorney fees and legal costs that he/she may owe.

Because content provided by members is subject to approval, it is possible that a member may not immediately see his/her content appear on the site. CREATOME.COM agrees to approve or refuse this content within 10 business days.

CREATOME.COM makes every effort to guarantee nearly 100% quality and availability of service of the ateliermagique.com site. It is possible, however, that due to technical maintenance or in case of force majeur, the ateliermagique.com site may not be accessible. Lack of access to the site does not constitute grounds for reimbursement of fees paid by premium members unless the lack of access exceeds 5% of the subscription period.  Any such reimbursement can under no circumstances exceed 50% of the amount paid.

Modifying the ateliermagique.com Site

CREATOME.COM SARL may make ongoing modifications to the ateliermagique.com site, its design, and its functioning, as well as its free or for-pay services and their rates. These changes will enter into effect as soon as they are published on the ateliermagique.com site, at which time any member can choose to cancel membership without prejudice.

If you do not cancel your membership, you accept these modifications by continuing to use the atelierlagique.com site. Members are welcome to consult the most recent version of the site online. The presence of a member on the site implies his full consent regarding any changes to the ateliermagique.com site.

Applicable Law

These Terms and Conditions are governed, interpreted and applied in accordance with French law. The language of interpretation is French in case of disagreement regarding the meaning of a term or stipulation in these General and Sales Terms and Conditions. As stipulated by public policy regarding jurisdiction, these Terms and Conditions fall under the local jurisdiction of the headquarters of CREATOME.COM SARL, which will have sole jurisdiction in any litigation concerning them, including, without this list being exhaustive, their validity, interpretation, execution, and/or cancellation and any consequences thereof.