These terms and conditions of use are proposed by the Company AQUAFADAS S.A.S, which has an issued capital of 1 084 320.00 euros, registered under the number 487 863 631 at the RCS of Montpellier, whose headquarters is at MIBI, 672 rue du Mas de Verchant 34000 Montpellier FRANCE, represented by its President, Mrs Claudia ZIMMER, to the « User » or « You », any user, visitor or buyer, a legally competent individual of 18 years or over, or legal entity, professional or non professional, capable of entering into a contract.
ARTICLE 1 - PURPOSE
- Visit the Site, in particular the « Store » and « Desktop Applications » pages in order to buy licences to use a software, licences of application or publishing licences, and Services such as creation of an application, submission or support.
- Create interactive digital comic books in an AVE format using the Comic Composer software.
- Create interactive digital documents from pre-defined components using the AQUAFADAS Plug-in for Adobe® InDesign®.
- Convert files from their original JPG, PNG, TIFF, PDF format to EPUB or AVE to be exported on different digital publishing platforms, or convert files from their original JPG, PNG, TIFF, PDF format to WebReader to be used on different internet sites.
- Create an application through the use of the AVE AppFactory software, subject to the payment of corresponding licences according to the Terms of Sale and the order form.
- Publish an application on platforms such as Apple, Android or any other for digital tablets or smartphones, chosen by the User, subject to the agreement between the User and the platforms.
ARTICLE 2 - USE OF THE SERVICES AND SOFTWARES
The User is solely responsible for the installation, operation and maintenance of the equipment necessary to access the Site. In no event will AQUAFADAS be held liable if the proposed services are inconsistent or malfunction with any given software, configurations, operating system or user’s equipment. AQUAFADAS will not be held liable if a bug is found in a Software submitted to a licence. In the same way, AQUAFADAS liability can not be held for the « break » of applications due to events outside the control of AQUAFADAS. However, AQUAFADAS commits to update the software provided on the Site and to test the Software in order to avoid any malfunction. The user of an application must update his application to benefit from the latest improvements provided by AQUAFADAS.
ARTICLE 3 – BUYER ACCOUNT
Acces to the Site www.aquafadas.com does not require the creation of a buyer account. The User can visit the Site, all its sections and discover the Products and Services proposed for sale without any registration. On the other hand, to use the Aquafadas Digital Publishing System, the User must create an account.
A. Account creation and your information
From the homepage of the Site You may create an account ("Login"). To do this you must provide all the requested information on the online registration form, and agree to regularly maintain updated information on your full name, email address (used as the login account name), password, country of residence, company (optional), and VAT number (optional). Once registered, the home page will be your login page. It is materially impossible for AQUAFADAS to verify the accuracy or truthfulness of the information you provide. You acknowledge therefore that providing erroneous, incomplete, deceptive information or failing to update this information is likely to engage your responsibility both towards AQUAFADAS and/or to third parties. In case of false, incomplete, out of date or misleading user account information, AQUAFADAS may decide to suspend or cancel your registration with immediate effect and without notice.
B. Account validation
C. Account security
You are fully responsible for the confidentiality and security of your account. You may not reveal your account information to anyone (including your access code and password) nor use anyone else’s account. You are fully responsible for all transactions on your account and those made using it, and you agree to immediately notify AQUAFADAS in case of unauthorized use of your account or any other breach of security of your account. AQUAFADAS cannot be held responsible for any loss resulting from unauthorized use of your account, if it is not due to negligence on the part of AQUAFADAS. AQUAFADAS has implemented state of the art measures to protect your data, including secure access to the site using the HTTPS protocol. AQUAFADAS disclaims all responsibility in the case of theft of any sort including identity theft.
You may access the Service from your own account through the AvePublishing page of the Site only. You may not access or attempt to access an Account to which you have no formal rights under an agreement between you and AQUAFADAS. You agree not to modify the AQUAFADAS Site and its Digital Publishing Portal in any manner whatsoever or for any reason whatsoever, including error correction, and in particular for the purpose of obtaining unauthorized and illegal access to the Services. All breaches of security of the system or network are subject to civil and/or criminal prosecution.
ARTICLE 4 – PERSONAL DATA
A.In accordance with the law relating to Data processing, files and freedoms Act of January 6, 1978, we inform you that information identifying Users may be subject to automated processing. The User has the right to access this information at any time, and the right to correct inaccurate or incomplete personal information. Simply make a written request to: AQUAFADAS, S.A.S, MIBI 672, rue du Mas de Verchant, 34 000 Montpellier, Pursuant to the provisions of said law, AQUAFADAS agrees to refrain from processing data collected without the consent of the person concerned, other than for the strict requirements of its business.
AQUAFADAS may disclose user information to outside companies for purposes of commercial prospecting, unless the user has checked the box provided for that purpose during registration.
B. We inform you that we wish to place a cookie on your computer. A cookie is a file transferred on to the hard drive of your computer via your web browser, and serves as an alphanumeric identifier. It does not allow us to identify you, but it does allow us to recognize your browser.
A cookie records information relating to your browsing on our site which we can read during your subsequent visits (for example, the pages visited, visit date and time, etc.) The site’s cookie contains the information you have provided to us so you will not need to refill the registration form on your next visit. The cookie on your computer expires after 30 days. You can block the creation of "cookies" on your computer by configuring your browser as follows:
- For Microsoft Internet Explorer 8:
- Choose the "Tools" menu, then "Internet Options".
- Click on "Confidentiality".
- Select the desired level using the cursor.
- For Mozilla Firefox 3:
- Click on the menu bar "Tools" then "Options."
- Click on "Privacy" and "History" and then "use the advanced settings."
- Uncheck "Accept cookies".
- For Safari 5:
- In the "Safari" menu select "Preferences" and then "Security"
- At "accept cookies", choose "Never".
- For Opera 10 and beyond:
- Select the menu "File" then "Settings" then "Preferences".
- In the "Advanced tab", select "Cookies" and "Never accept cookies."
ARTICLE 5 - INTELLECTUAL PROPERTY
5.2. All components of the site www.aquafadas.com are protected by provisions of the French Intellectual Property Code, including the software, downloadable documents, iconographic and photographic representations and the underlying technology, which remain the exclusive property of AQUAFADAS. Similarly, the software and downloadable content available on the Site are protected intellectual property, and are provided to the user while preserving copyright.
ARTICLE 6 – SERVICE AND CONTRACT MODIFICATIONS
ARTICLE 7 – LIABILITY LIMITS
A. Access to the Service
1. The client acknowledges awareness of the limits and constraints of the Internet. Under these conditions, AQUAFADAS will not be held responsible for access speeds to the Site from other sites, Site page opening times, viewing speed, download speed, external slowdowns, the absence or inaccessibility of services on the site, nor for the fraudulent use by others of any information provided on the site.
2. Services are normally available to the Buyer 24/7/365 except in cases of force majeure and maintenance. AQUAFADAS reserves the right to suspend access to the http://avepublishing.aquafadas.com Portal of the site www.aquafadas.com to perform maintenance. Such interruptions will be announced to users on the Site. AQUAFADAS nevertheless reserves the right to temporarily suspend access in case of urgent need, without notice nor compensation, and will not be liable for damages of any kind that may arise as a result. Similarly AQUAFADAS reserves the right to limit or prohibit access to the Site without notice or compensation, if it considers it necessary to avoid damage to services, software or data made available / hosted on the site; the Buyer is expressly reminded here that the back up and/or restoration of data posted to the Website by the Buyer is NOT part of the Service and that AQUAFADAS is NOT responsible for it.
B. Equipment Security
The User is solely responsible for the installation, operation and maintenance of the equipment necessary to access the site www.aquafadas.com. In no event will AQUAFADAS be held liable if the proposed services are inconsistent or malfunction with any given software, configurations, operating system or customer equipment.
As with any Internet user, it remains the User’s responsibility to protect personal equipment used, especially against any form of contamination by viruses and / or intrusion attempts, and AQUAFADAS will in no way be held liable for damage resulting from the use of the Internet such as data loss, hacking, viruses, intrusion, disruption of service, or other unintended problems.
C. Use of the Site
1. You are solely responsible for use of the site www.aquafadas.com. AQUAFADAS can not be held responsible for your acts or use which constitute a violation of the Civil Code or the Penal Code relating to the protection of individuals and privacy, or infringe on an existing intellectual property right, whether by you or by others while using the site. In the event the liability of AQUAFADAS is sought by a third party because of improper use by you, AQUAFADAS reserves the right to pursue your liability.
3. Links on the Site may provide access to other sites. AQUAFADAS is not liable should the contents of other sites violate the rights of others, or more generally infringe legal or regulatory provisions in force. All incoming links to the AQUAFADAS site are strictly prohibited without prior and express written consent.
ARTICLE 8 – CONTRACT TERMINATION
This contract is agreed for a period of one year renewable automatically for successive periods of one year except when written notice is given by either party one month before the term. The User may however terminate the contract at any time and may request the deletion of the User account by sending a registered letter with return receipt to:
672, rue du Mas de Verchant,
34 000 Montpellier FRANCE.
AQUAFADAS agrees to disable the account within 48 hours from the receipt of this letter; and thereafter the Buyer may not claim a refund nor compensation as a result of the execution of this request.
ARTICLE 9 - GOVERNING LAW
ARTICLE 10 - JURISDICTION CLAUSE
Any dispute will be brought before the courts of PARIS, regardless of the origin or number of claimant(s), or claims made against the guarantee.
ARTICLE 11 – MISCELLANEOUS