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Terms and policies

Copyright © 2014 - MagentaL

Article 1: INTRODUCTION TO THE WEBSITE

 

The site is Free and open access to any Internet user. Navigation on the site implies acceptance by any Internet user of these Terms of Use. Simple connection to the Site carry full acceptance of these Terms of Use.

In its capacity as the editor of the Website; MagentaL is free to market to advertisers of choice advertising space on the Website. The User acknowledges not have any right to these advertising space and prohibits any demand or action as such.

 

 

Article 2: ACCEPTANCE OF TERMS OF USE

 

These provisions shall constitute a contractual agreement between the User and MagentaL. By accessing, browsing or using the Site, the User acknowledges fulfil the conditions to benefit from the quality of user, be aware of the provisions of the Terms of use to accept it unreserved.

These terms and conditions subject to French law, intended to govern the use of the Website and the use of different paid or free services. Browsing the Site and / or registering for a service implies full and unreserved acceptance of Terms of from the user of the Website.

If the User fails to comply with any of the obligations and conditions contained in these Terms, it is asked not access, browse or use the Website.

MagentaL may modify these Terms, at any time and without notice. Users are therefore invited to consult regularly the latest updated versions, available to all and permanently accessible on the home page of the Website, by clicking on the link:

http://www.magental.com/cgu.html

 

 

Article 3: PRE-REGISTRATION REQUIRED TO ACCESS TO CERTAIN SERVICES

 

Some services on the Site are accessible without the need for prior registration. Others, including the Forum, the Publication of Creations or participants to contests require registration. To benefit from these services, the User must complete an online registration form available on the Website.

The inscription on the Website requires the creation of a personal account. Creating a personal account allows the user to interact with other users from their personal account. To create personal account, the User is asked to provide personal information. The refusal by a User to provide such information will prevent the creation of personal account.

When creating the Personal Account, the User declares, by ticking the appropriate box; accept all the provisions of the Terms of Use and Policies at the bottom of the registration form. The user claims to have read these Terms and agrees to submit unconditionally.

 

The User agrees to regularly update all of his information. He can perform these updates by writing to MagentaL by this email: infos@magental.com. In case that the User provides false, incorrect, outdate or incomplete data, MagentaL will be entitled to suspend or cancel the account without notice and to refuse any and future access to any or part of the Services. MagentaL is not responsible for any errors, omissions, inaccuracies can be found in the information provided by the User.

 

 

Article 4: USER ACCOUNT AND PASSWORD

 

The Registered User will receive, as part of the registration process, an email for activation of the account to his electronic address mentioned in this context. In this case, the Service will be fully accessible when the Registered User has executed all the activation process described in this email. The password and / or username that the user chooses during registration allows access to certain Services. These data are confidential. The User agrees to only register under one login / username and password.

The User is personally responsible for use that may be made, and only guarantee of confidentiality, and any use of his account.

The User undertakes to inform MagentaL immediately of any unauthorized use of his account, and any violation of confidentiality and security of the action of identification, by e-mail at infos@magental.com .

 

If MagentaL has reason to believe that the security services is violated or that they are improperly used, it may require changing these means of identification. In the case that the registered user would like to make this change, you must inform MagentaL Magazine immediately by e-mail at infos@magental.com.

MagentaL will in no case be liable for any loss or damage resulting from non-compliance with the obligations contained in this present Article. Insofar as its means of identification reached the hands of others through his own fault, the User will be personally responsible for any use of such means of identification and the use of a service made on this basis.

 

 

Article 5: OUR COMMITMENTS

 

5.1: Customer Service

Customer service of the website is available by email: contact@magental.com

 

5.2: Newsletter of the editor

 

magental.com sends at a certain frequency and form of its choosing, a newsletter that may contain information relating to its activity to any User who accepted.

An unsubscribe link is present if the user no longer wishes to receive newsletter from magental.com.

 

5.3: Our responsibility

The material and information contained on this website are presented for informational purposes only and do not in any way engage the responsibility of MagentaL. MagentaL can in no case be responsible for the content of the site or service, lack of veracity of the information, errors or omissions in the content, damages resulting from the use of any Content posted or transmitted by e-mail or any other manner via the Website.

MagentaL does not verify the veracity of the information provided by the user and accepts no responsibility for the incorrect or false information. MagentaL is not responsible for the illegality or unlawfulness of data by the user on the website in case it was not given information of the content of these illegal or illicit data and do not have the ability to control the accuracy or relevance. Nothing contained on the website does not constitute financial advice. The information provided on this site is of a general nature.

MagentaL makes no warranty as to the proper functioning of the site. Due to the unique nature of the Internet, access to the Website may be interrupted or restricted at any time without the responsibility of MagentaL.

MagentaL reserves the right at any time and without notice, to change any information on the site as part of its update or errors or inaccuracies correction. MagentaL is not responsible for the content of external Internet websites to which links appear on the site magental.com. It is therefore recommended that users refer to the terms and conditions of those sites.

 

Social network (Twitter, Facebook, Pinterest etc) made ​​available by MagentaL are subject to the rules and terms and conditions of the third parties. MagentaL therefore cannot be responsible for any suppression of post or deletion of the social network etc. It is recommended that users read the terms and conditions of the third parties.

 

Registered Users on the site can participate freely and without payment to the various competitions organized by the site. These competitions are in accordance federal French law. To organize these competitions with prizes or benefits, the Publisher may rely on external donors. The general conditions of competition are listed on the site. By participating in a contest, the user confirms its acceptance thereof.

 

To the fullest extent permitted by applicable law and insofar MagentaL would be considered responsible for other damages not covered above, the responsibility MagentaL will be limited to certain damages, actual and established. To the fullest extent permitted by law, under no circumstances MagentaL or its affiliates, licensors or suppliers or any third parties mentioned on the website magental.com can not be responsible for consequential damages, the loss of income or damage arising loss of data or loss of business caused by the use or inability to use the Website, Services or content whether based on warranty, contract or tort or under any other legal theory and whether or not MagentaL advised of the possibility of such damages.

 

These Terms of Use are subject to the application of French law. Unless public policy, all disputes that may arise in connection with the execution of these Terms of Use shall, before any legal action, be subject to the discretion of magental.com for a settlement out of course. It is expressly reminded that applications for settlement do not suspend the time limits for bringing legal proceedings.

 

 

Article 6: USER OBLIGATIONS

 

Article 6.1. - Guarantees given by the User

The User guarantees to MagentaL:

Þ  All information that you published is accurate and does not violate applicable law or the rights of any person;

Þ You do not use a false identity for the purpose of misleading others;

Þ You will respect with the conditions and rules of use of the publication of photos (see the publication of photo Policies)

Þ You will respect with the conditions of use of the Forum (see the Forum Policies)

Þ You do not use or broadcast images, music, software or other material protected by intellectual property laws, including, for example, and without limitation, laws relating to copyrights, neighbouring rights, trademark rights, drawing or model files containing such protected rights elements, unless you are the owner of such rights or have received permission to make these broadcasts, or use files containing elements protected;

ÞYou use the Website only to send and receive messages and information appropriate and consistent with applicable law and within the rules of the Service;

Þ You use the Website and its services fairly and in accordance with legal provisions, regulations and customs in force;

Þ You will not use the Website, for: participate in surveys, contests, and games; send spam or unsolicited messages (commercial or otherwise); broadcast messages or other content that might to prejudice rights of third parties (right to the image, name, etc..), or message content or defamatory, pornographic, threatening, or including incitement to discrimination or hate based on race, religion, sex, or otherwise, or incitement to crimes, glorification of crime, or likely to affect the functioning of computer systems, some way or other act immoral or illegal (especially contrary to respect for privacy and intellectual property rights); collect information about others, including e-mail addresses to use for sending commercial solicitations or equivalent, or incorporate in a referencing service or equivalent, free or paid;

Þ You do not broadcast writings which are different from those written in support of our system or unreadable format language;

Þ You do not insert or repeat keywords in their texts to target search engines or use other techniques of SEO (search of engine optimization) spamming or may prejudice to rights of third parties or otherwise violate the law.

 

MagentaL is authorized to edit and reproduce the information on the Website and other data that are published by the User on the Service, free of charge, during the time of this publication and for the whole world;

 

Article 6.2. - Responsibility of the User

The User is solely responsible for the use he makes of all the services available through the Site, and more generally any use or operation made ​​from his account. All equipment and software necessary for the use of services remain the exclusive responsibility of the User.

The user belongs to take all appropriate measures to protect its own data and / or software from contamination by viruses. MagentaL can in no way be responsible for the accuracy of the nature or relevance of messages, information or comments broadcast on the Website by a User.

The use of information, messages or data of any kind available through MagentaL services are the under the responsibility of the user and the decisions or actions that it would have to take can not be held to any liability other than the User.

The User alone is responsible towards MagentaL and third parties for any damages, direct or indirect, of any nature whatsoever caused by contents or any other element communicated, transmitted or distributed by the User on the Site or through the services it offers, as well as any breach whatsoever of this contract.

In particular, the User is solely and fully responsible for the messages, other texts, images, photos or other content that creates and / or share on the Sites via the Services and guarantees have the necessary rights to this release.

As a result of the foregoing, the User agrees to indemnify MagentaL and its affiliates and partners, against all claims and convictions related to these items. The User agrees to submit to any implementation by MagentaL under law.

 

 

Article 7: INTELLECTUAL PROPERTY

 

MagentaL is in accordance with the rules relating to intellectual property provisions, owner of the Site. The Service is provided using software designed and / or developed and / or used by MagentaL, owned or over which it has rights. The content posted on the Site by MagentaL also belongs to the latter. MagentaL is the only owner of all intellectual property rights relating to the Services, the Website, its content as well as software to ensure their operation and use of the Site and Services will give the user no right on any of these elements.

 

The acceptance of the Terms constitutes an admission of ownership of MagentaL on all intellectual property rights listed above and commitment to respect. MagentaL grants the User a non-exclusive, personal, non-transferable license to use the Website and the Service for personal use only. This license allows the User to only use the Website and the Services under normal conditions, for personal use only. Any other use or use of the Site, the Service, including their content and data, including for public or commercial purposes is excluded from the field of the present license and may only be made after obtaining the written prior authorization of MagentaL.

 

 

Article 8: PERSONAL DATA

 

Accordance with the law of 6 January 1978 amended by the Act of 6 August 2004 law called "Data Protection" treatment implemented in the context of the use of the site has been declared to CNIL (declaration number 1283015). All personal data transmitted by the user or collected through the use of the Website are collected lawfully and fairly. The forms on this website magental.com allow the user to register by calling some personal data concerning him for purposes such as consulting the archives of the "MagentaL Magazine". This form is accompanied by a check box for "I HAVE READ, UNDERSTOOD AND AGREE TO THE SERVICE AGREEMENT. "MagentaL allowing to reuse this data.In case of refusal, the personal data provided by the User will be destroyed at the end of the treatment, until the end of the contract or, in the event that a commercial transaction would be subject to payment, ten (10) years, in accordance with Article L.123-22 of the Commercial Code. The disclosure of personal data on the Website or third parties will only occur under the applicable regulations. These data will be disclosed only to the extent that:

Þ The User has accepted the disclosure on the Website by communicating through it and thereby agreeing to these Terms; or

Þ MagentaL reported to the user when collecting data that they could be disclosed in the case in question and the User does not object; or

Þ The User does not object to the processing of such data when informed treatment after transmission through a third party, as stated below; or

Þ They are related to the services provided by MagentaL and were collected as part of the provision of any such services; or

Þ MagentaL is legally required to disclose; or

Þ If it is provided as part of the law.

If the User does not wish to receive commercial offers from MagentaL, it may declare its interest in writing to MagentaL at this email address: infos@magental.com. Under the Data Protection Act, the User has the right to access, rectify and delete personal data concerning processed through the Website, as well as the right to object to the disclosure of these data to third parties for valid reasons. The User can exercise these rights by writing to this email address: infos@magental.com

The Website may contain cookies. Cookies are useful for easy customization of the User access to services. They are without damage to the computer of the user. The user is free to accept or decline cookies by configuring their browser. Cookies are anonymous and are in no way used to collect personal data, but only for connection and statistics. MagentaL keeps track via cookies, connections to the Site, and their origin. This information is used for purposes of statistical analysis and are subsequently destroyed. The User may eventually receive permanent cookies from advertisers on the Site. MagentaL does not control these cookies, which come from third-party servers. The personal data of the user may, if he accepted it in their collection, be disclosed to third parties, MagentaL partners, including for commercial purposes. If these third parties are located outside the European Union, the User data will be transferred only if such third parties maintain the level of protection required. The user has the opportunity to object to any processing or transmission of any data. MagentaL shall takes the necessary for the personal data collected on the Website are not lost, misused, or accessed, modified or disclosed by unauthorized third parties. Users can access their personal data on request using the email address:

infos@magental.com. However, access may be denied in the cases provided by law.

 

 

Article 9: UNASSIGNMENT

 

The User may not assign all or part of the rights and obligations under these Terms to a third party without obtaining the prior express authorization of MagentaL.

 

 

Article 10: NOTIFICATIONS

 

Any notification under these Terms may be effected by email. Nevertheless, MagentaL reserves the right to also carry a notification by fax or by post to the addresses given by the user during registration.

 

 

Article 11: DURATION AND CANCELLATION-UNSUBSCRIBE

 

This contract is concluded for an indefinite period of acceptance by the User of these Terms, at its first visit to the Site and / or when registering at one of the services offered by MagentaL in clicking the "I agree". MagentaL may automatically terminate it; subject to notification of the termination with a notice of fifteen (15) days, except in the case of immediate termination stipulated in this Article. The User may at any time terminate its inclusion in a service MagentaL by sending e-mail with a request to the following address: infos@magental.com, specifying pseudonym or login and password. Upon consideration of such termination, all data will be deleted from the user database of MagentaL and the user will no longer have access to the Website Services reserved to registered users. Disrespect on the part of the User of the obligations imposed by these Terms will result in immediate termination of the contract and the corresponding prohibition to use the services of MagentaL, upon notice.

 

 

Article 12: CLAIMS

 

If a user had a complaint or was witness the non respect of Terms of Use, it will notify MagentaL in the shortest possible time to this email address: infos@magental.com

 

 

Article 13: COMPETENT JURISDICTION AND APPLICABLE LAW

 

French law governs these Terms. To the extent permitted by law, any dispute relating to the application of these Terms and any dispute concerning use of the Website will be under the jurisdiction of French courts without consideration and without application of the law of your country of residence on conflict of laws.

All claims, legal proceedings or litigation involving connection with the Services will be brought solely in the French court and you consent to the jurisdiction of such courts and waive any objection as to inconvenient.

 

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