Terms of Use and Sale
The service available at URL madmagz.com (hereinafter, "Madmagz", the "service Madmagz" or "Madmagz Site") is offered by Madmagz SAS, registered in Paris under RCS number 509 606 216.
Role of Madmagz
Madmagz SAS has developed and owns Madmagz, an interactive platform for creative services, publishing and sale of magazines (the "Magazines"), by persons or entities, listed on the Service ("Users" or "you"). The magazines are created from models (the "Model"), available at Madmagz, created by graphic third parties ("Graphic").
These terms of use and sale (the "Terms of Use and Sale" or "Agreement") define the conditions under which users can access the site and Madmagz download and use the models available on the site for Madmagz the creation, publication, sale and purchase of magazines.
Acceptance of Terms of Use and Sale
By checking the box "I accept the Agreement", you agree unconditionally to these Terms of use and sale of the site Madmagz. The Agreement is between you and the Company's Net Fairy, Madmagz site editors. If you do not agree to these terms of use and sale, you can not use our services and buy products on Madmagz. If you have any questions regarding our services, please visit the FAQ.
Entry into force of the Terms of use and sale updates
These Terms of use and sale take effect as of September 12, 2011.
We reserve the right to modify these Terms of Use & Sale at any time by posting the new version. This new version of the Agreement enter into force upon registration if you are a new user, and 15 days after it is online if you are already a Madmagz. A message informing you of changes to the Terms of use and sale will be displayed on your screen when accessing the service Madmagz. If you decline the new version of the Terms of use and sale, you can not use our services after this period of 15 days.
The words identified by a capital letter and the terms in brackets in this Agreement have the meanings as given in the paragraph relating to it.
Table of Contents
- 1. Use of the service and conditions of registration
- 2. Services offered by the site Madmagz
- 3. Terms of Service Madmagz
- 4. Privacy
- 5. Intellectual Property
- 6. Compensation
- 7. Illegal and fraudulent
- 8. Limitation of Liability
- 9. Limited Warranty
- 10. Site Maintenance Madmagz
- 11. Term and Termination
- 12. Promotion - Advertising
- 13. Force majeure
- 14. Notifications
- 15. Other stipulations
- 16. Applicable law and jurisdiction
Article 1. Madmagz use of the service and conditions of registration
The use of our services to mere consultation is not subject to registration on the site Madmagz. The use of our services to create and publish magazines and sell and / or purchase online, is subject to prior registration, provided that you have read and that you accept the terms of these particular conditions of use and sale.
Registration for our services, use and sales and / or online shopping site Madmagz are reserved for people who can sign a contract in French law. If you are under 18, you must be authorized by a parent or guardian to register and to sell and / or purchase products online Madmagz.
When the conditions for registration are met, you will have a personal identifier (login) and password. IDs and passwords are strictly personal and confidential and should not be disclosed or shared with third parties. However, you can, as registered users, share with others your identifying information as part of the creation and publication of a magazine. In any case, each Registered User is solely responsible for the use of their identifying information by third parties, or the actions or statements made through his personal account on the site Madmagz Madmagz and guarantees against all claims as such.Madmagz reserves the right to terminate the account of any Registered User who disseminates or uses these elements in a manner contrary to their destination.
When you register, and for the duration of use of our services, you warrant that the information you provide is accurate and truthful. You agree to immediately notify Madmagz in case of modification of the data provided during registration and, where appropriate, make yourself known to the online changes to your personal account Madmagz.
If your registration has been terminated as a result of using our services in violation of these Terms of use and sale, you will not be allowed to use these services.
Article 2. Services offered by the site Madmagz
The platform services Madmagz three separate services: the "Create a Magazine", the "Publish Your Magazine" and the "Sell Your Magazine."
2.1 "Create a Magazine"
This section includes information that enables users to create their Magazine. Creating a Magazine requires the selection and use of one of the models offered on the site Madmagz.
2.2 "Post your Magazine"
This section includes information that enables users to publish the magazine they have created. There are four formats of publication: the publication in web format, not downloadable and available for free, the Premium publication, not downloadable and paid, publication in PDF format, download and pay, and publication in print, pay.
2.3 "Sell Your Magazine"
This item includes Magazines created, published and posted by Users (the "Editors") wishing to offer their (s) Magazine (s) for sale to the public (other users).
Article 3. Terms of Service Madmagz
Any registered user of Madmagz can create one or more magazines from one of the models available on the site, publish his / her Magazines, format web. Pdf and / or paper, and offer his / her sales on Magazines Madmagz formats in web,. pdf and / or paper to the conditions described below.
3.1 Obligations of registered users
As part of using the service Madmagz, you agree not only to comply with the provisions described in these Terms of use and sale, but also to existing laws and to respect the rights of third parties.
You specifically agree not to use the platform services Madmagz only for purposes consistent with those described herein and use your passwords and / or ID only for the purpose of authentication service.
3.2 Creating and Publishing Magazines
Any registered user of Madmagz can create one or more magazines from one of the models available on the site. The content of Magazines (text, photos, etc..) Is the sole responsibility of the user, as editor of the magazine, not validating any Madmagz Magazine.
The use of models is selected according to the Model, free or paid.
Publication of Magazines in web version is free. Publications in PDF, Premium, self-hosted and print formats are paid (https://v1.madmagz.com/pricing).
The technical conditions of the magazine publishing in paper are described in the FAQ. The printing of magazines in print and delivery are performed by a professional printer.
3.3 Sales of Magazines.
3.3.1 Sale
Any editor may offer to sell one or more Magazine (s) he has created (s) on the site Madmagz. The Magazines for sale by the Editors will be accessible by users in web formats (available online at the site and not downloadable). Pdf (available online on the site via a hyperlink and download) or paper (delivered to the address on the account of the User Madmagz). You may charge your readers to read your mag, wether in Web, .pdf or print format.
3.3.2 Legal deposit
Selling Magazines is subject to these Terms of use and sale and, where applicable, compliance with laws and regulations or international law for legal deposit. As such, it is stated that the sale of magazines in print and published in series (periodic) is particularly subject to compliance by the Editor, the provisions of Articles L.131-1 et seq and R.131-1et seq heritage.
3.3.3 Taxes
Revenue from the sale of magazines may be subject to tax regulations and / or taxes by the Editors. Publishers that sell Magazines Madmagz site are solely responsible for settlement of any tax applicable. Madmagz would be responsible for the breach by the Publisher in its accounting and tax obligations.
3.4 Control Magazines
The Magazines can be ordered in web, Pdf, self-hosted and / or paper.
3.4.1 PDF and Premium magazines
Orders placed by the Editors. Once created the Magazine, the Publisher makes its publication in web format, following the instructions on the site Madmagz. After consulting the publication and web magazine format, the Publisher can publish in PDF or Premium formats. The publication is produced once the Publisher has accepted the quote online, he filled the steps of ordering online, and validated his order Madmagz sent an email to the Editor to validate the order.
Orders placed by other users. Consultation of a web magazine created by an editor, web format is free or paid, according to the will of the publisher. In the latter case, the purchase is made as soon as the User has accepted the online quote, he has fulfilled the various stages of online ordering, placed an order and Madmagz has sent an order confirmation email.
Buying a magazine, created by an editor,. Pdf is performed whenever the user has accepted the quote online, he has fulfilled the various stages of online ordering, ordering and validated Madmagz sent to the User an email confirming the order.
Buying a magazine, created by an editor, in Web format is performed whenever the user has accepted the quote online, he has fulfilled the various stages of online ordering, ordering and validated Madmagz sent to the User an email confirming the order.
Buying a self-hosted magazine, created by an editor, is performed whenever the user has accepted the quote online, he has fulfilled the various stages of online ordering, ordering and validated Madmagz sent to the User an email confirming the order.
Availability of Magazines. Magazines are available for sale until they are visible on the site Madmagz.
3.4.2 Magazines in print
Estimate. The publication and purchase of magazines on paper are subject to a quote request online Madmagz.
Offer to sell. The publication and sale of magazines in paper is concluded as soon as you have accessed Web Magazine format, accepted the quote, filled the steps of ordering online, place your order, and Madmagz sent you an email validation of the order.
The User acknowledges that information about the magazine offered for sale by the Publisher and on the site Madmagz are sufficient and complete. If the user deems it necessary, he has the opportunity to learn more fully to the customer service Madmagz prior to the closing of the sale.
Magazines orders on paper provided by the users, legal persons Madmagz are firm.
3.5 Terms of payment and billing.
3.5.1 Free services and paid services
Simple consultation of Madmagz service is free. Using a Model to create a free magazine and its web edition format only are free.
The use of the service Madmagz for the creation, publication and sale and / or buying a magazine is not free, under the conditions described below.
3.5.2 Terms common to all users
Prices of Magazines. Prices of Magazines, effective on the date of the order is mentioned in the quote provided by Madmagz. Prices are quoted in euros, excluding taxes and all taxes (VAT at current rate), excluding the costs (cost of order processing, delivery, etc.)..Associated costs are detailed on the online form to order placement.
Payment and billing. Payment is made online by credit card at the time of placing the order via the payment services available at Madmagz for the full amount due, unless otherwise agreed in writing between the parties. Partial payments or installments are not accepted.An invoice is issued for each order. Invoices are available online in your account Madmagz.
3.5.3 Specific conditions to Editors
Models of user fee paid. Using a mock pay for the creation of a magazine is subject to payment of a single charge and flat, payable at the first use. Using a new model will pay a further fee for this Model. The fee applicable to the use of models is described in the Rates page.
Lending conditions of the sale price of Magazines. Madmagz reverse to the Publisher the sums corresponding to sales of magazines carried on the site Madmagz, less a commission back to Madmagz. Financial terms for the sale of magazines are described in the Rates page.
Publishers agree to open a PayPal account. Payments will be made in euros by transfer to the PayPal account of the Editor, as follows:
- If the publisher has made at least one hundred (100) euros in net revenue via Madmagz, Madmagz will transfer to the Publisher the sums corresponding to sales of magazines, to account Madmagz, PayPal account of the Publisher, thirty (30) days end of the month;
- Notwithstanding the above conditions, Madmagz transfer the balance to the Editor Madmagz their PayPal account within thirty (30) days of the close of his account Madmagz regardless of the balance amount, and subject to the absence of complaints during Madmagz with a user or a third party.
3.6 Delivery of Magazines
3.6.1 Delivery of the PDF, Premium and self-hosted formats
As confirmation of the order, the ordered Magazine is immediately accessible online by the user on the site Madmagz. The web or Premium magazine can only be read online, it is not downloadable. Publication and / or buying a magazine. Pdf format, available online at Madmagz via a hyperlink, allows you to download the magazine on your computer terminal.
The self-hosted magazine is made available for an installation on your servers
3.6.2 Delivery in print
a) Common-Users natural and legal persons
Possible. Unless otherwise specified in the order confirmation sent by Madmagz, delivery times are five (5) working days for France and ten (10) working days for overseas territories and the European Union, from confirmation of the order, except in cases of force majeure, as defined herein. Delivery times to destinations outside the EU will be included in the estimate provided by Madmagz (and with the exception of magazines over 52 pages that require seven (7) additional working days).
Delivery address. The magazines are sent to the shipping address you provided in your account Madmagz. You agree to provide a shipping address complete and accurate. Each order can be delivered to one address. Delivery will be notified by email. Deliveries are made by carrier or parcel post, depending on the volume of the order.
Verification of delivery. Delivery is made from provision of Magazines ordered to the address. It is your responsibility to check the delivery and make any necessary reserves and claims, or to refuse the package if it has been opened or damaged. You must send all reserves and claims to the carrier by registered letter with acknowledgment of receipt within three (3) business days following delivery of magazines and a copy to be addressed to Madmagz.
If the magazines delivered do not conform in kind, quantity or quality to the descriptions given in the delivery, you should lodge a complaint within seven (7) days from the date of delivery.
Absence during the delivery. In case of absence during the delivery to the address, a notice will be filed by post or carrier. It is your responsibility then to take the necessary steps to collect the parcel on time and conditions specified in the notice of passage.
b) Conditions specific to individual users,
Late delivery and Right of withdrawal. Pursuant to Article L.114-1 of the Consumer Code, in case of late delivery exceeding seven (7) days, except in cases of force majeure, the User-individual, may receive a right to cancel the order, provided that the price of the order exceeds five hundred euros (€ 500). In this case, you can exercise your right of termination within sixty (60) working days from the date specified for delivery by sending a registered letter with acknowledgment to Madmagz. The contract will be deemed broken if delivery has not been made between the mailing date and the date of receipt of the letter. The contribution is considered a down payment. Madmagz will refund the money paid.Reimbursement will be made by bank transfer or check.
In case of partial delivery, the right of withdrawal can be exercised on the part of the order is not delivered on time.
In case of loss or destruction of the package, the amount of the sale, plus shipping, you will be repaid no later than thirty (30) days from the date on which a copy of the letter of the declaration of loss or destruction of the package is received by Madmagz. Reimbursement will be made by bank transfer or check.
Right of withdrawal. The right of withdrawal that can benefit users-individuals, in accordance with Articles L.121-20 et seq of the Consumer Code does not apply to products made according to your specifications, personalized items, or the supply of magazines. Therefore, the right of withdrawal may be exercised by Users (i) that created them via Madmagz Magazine and / or (ii) by acquiring Magazines, created and published via Madmagz.
c) Specific conditions for corporate users,
Delay in delivery. Delivery times are indicative only. Any delay in delivery of less than thirty (30) days (ninety (90) days in case of force majeure) over time originally planned, in no case lead to the cancellation of the order by the user, or the granting of any compensation by Madmagz.
Risk transfer and retention of title. The transfer of risk on magazines sold through Madmagz as at the date of the release of the warehouses of the printer of magazines for delivery to the carrier. Where appropriate, and in accordance with articles 2367 and following of the Civil Code, Magazines are the property of Madmagz until full payment by the User.
Back to Magazines. No return of Magazines can be made by a user without the express consent of Madmagz. Any delivery Magazines returned by the User must be in its original packaging or packaging.
If the cause of rejection of Magazines is due to a failure Madmagz (default printer), removal costs will be borne by Madmagz. This will inform the user of the availability of new copies of magazines to replace the defective delivery. The magazines will be delivered to replace the User's expense Madmagz.
If the cause of rejection of magazines is not due to a failure of Madmagz (defective Magazines result of transportation or any other cause out of warranty), removal costs will be borne by the user. Madmagz inform the user of the availability of magazines instead.The magazines will be delivered to replace the User's expense.
3.7 Failure to Pay
3.7.1 Non-payment by an individual user-
For non-payment of an order following a fraudulent use of a credit card, you Madmagz claim, in addition to the total amount of the order processing fee amounting to twenty percent (20%) of the outstanding, with a minimum of fifty (50) euros.
3.7.2 Non-payment by a User-corporation
In accordance with Articles L.441-3 and L.441-6 of the Commercial Code, any breach by the User, in whole or in part, of its payment obligations or any delay will result in the accrual of right of penalties an amount equal to three times the legal interest rate in effect on the maturity date, this rate is equal to the interest rate applied by the European Central Bank's refinancing rate plus the most recent 10 points percentage. Interest will accrue from the due date on the invoice and will continue to run day to day, until full payment of all amounts due to Madmagz.
3.8 The fight against fraud.
For any first purchase totaling more than one hundred and fifty (150) euros, Madmagz reserves the right to request confirmation of your identity. If non-confirmation of the information requested within three (3) calendar days, or the provision of information appearing inconsistent or unreliable Madmagz reserves the right to cancel the order and the registration service Madmagz.
Article 4. Privacy
4.1 Registration
Use of this site Madmagz for the creation, publication, sale and / or purchase online Magazines involves the registration of users on the site Madmagz, and processing of personal data (name, address postal mail address, etc.). The registration form also includes a section on the possibility Madmagz to use your personal data for marketing or business (such as newsletter, questionnaire, survey, etc..), Such use can not be made withyour express consent (opt-in).
If you register on sites Madmagz trading partners, the collection and use of your information by these third party sites is subject to their own conditions. We are not responsible for how the partner sites use personal data.
Accordance with the Data Protection Act of 6 January 1978, as amended, relating to computers, files and liberties, the data file users Madmagz was duly reported to the Commission Nationale Informatique et Libertés (CNIL) under number 1351023.
4.2 Cookies
When you log on the site Madmagz, Madmagz may place "cookies" on your browser.These cookies are used for statistical purposes and to recognize visitors when they return to the site. You can configure your browser to refuse cookies. However, please note that in case of refusal of cookies, the site Madmagz may not work in its entirety or can be blocked.
4.3 Security Account
Connection data (log-in and / or password) that allows you to log into your account Madmagz are personal and confidential. For security reasons, you will not disclose your login and password to anyone. You are solely responsible for all consequences of contractual, financial or otherwise, that may result from any unauthorized use of your login information by third parties. Madmagz reserves the right to suspend your account if we have reason to believe that your login has been stolen or used without your permission.
Your personal information is stored on servers located in France or the European Union.Madmagz and accommodation providers have made appropriate measures to ensure the security of your personal data. However, we can ensure that your communications and other personal data will not be intercepted or disclosed by a third party.
4.4 The right to access and correct
You have a right to access and correct your personal data or by visiting the My Account, or by sending a letter to the attention of Madmagz, Registration Service users, 157 boulevard Macdonald - 75019 Paris or by sending an email to [email protected].
4.5 Closing of account and delete data
You can also request the termination of your account at any time and Madmagz deletion of your personal information by sending us a request by mail or email. Then we will destroy your data. However, we reserve the right to retain certain categories of data that may be required for any claim or subsequent litigation, and that during the retention period authorized by law. However, this data will be deactivated and accessible online.
Article 5. Intellectual property and licensing
5.1 Content Site Madmagz
Fairy Net owns the intellectual property rights relating to Madmagz. The platform Madmagz, namely in particular the concept, content, structure, design, functionality, database, text, images and graphical elements that compose the HTML tags and SEO (Meta tags ), including Magazines and Models are protected by the Code of the French intellectual property and other laws and regulations or international law on intellectual property.
You are authorized to represent on the screen pages of the site consultations Madmagz only temporarily. You may download to your computer terminal models and Magazines only under the conditions of these Terms of use and sale. Any reproduction, distribution or use of all or part of the site content in any form whatsoever without the express consent of the Company's Net Fairy is prohibited and would constitute a counterfeit sanctioned by articles L335- 2 and following of the Intellectual Property Code.
You agree not to make extractions temporary or permanent transfer, or use, by making available to the public all or a substantial part in quantitative or qualitative models, Magazines and other databases visible on Madmagz site, for commercial purposes, statistical or otherwise. You also agree not use any extraction or repeated and systematic of all or part of the information visible on the site where such operation Madmagz clearly exceeds normal use and service for private Madmagz. You may not, finally, operation, marketing or distribution of any part of the service Madmagz, including without limitation the information visible on the site and any other database.
5.2 Licensing brand
Fairy Net owns the intellectual property rights on the brand and logo Madmagz, registered in France. During the term of this Agreement, the Net Fairy grants you a non-exclusive, non-transferable right to use the trademark and logo Madmagz solely for your personal use Madmagz on your computer terminal. No other right to use the trademark and logo Madmagz is granted. Any other reproduction, distribution, display or unauthorized use of the mark or logo Madmagz, in any format, without the prior written consent of The Fairy of the Internet is prohibited and would constitute an infringement of Intellectual Property The Fairy Net as defined in Articles L335-2 et seq of the French Intellectual Property.
5.3 Licence to use content from the Designers and Editors
Madmagz cannot use your content (templates, magazines, textes, photos, etc.) without your permission.
Article 6. Compensation
6.1 Content
You expressly agree i) that it holds the ownership rights to the content that you may want to post on Madmagz directly or through the magazines that you create and publish, ii) that you are duly authorized by rights holders to use this content, to put it online, and where appropriate, to publish and exploit it for profit.
6.2 Indemnification
You agree to indemnify Madmagz (including attorneys' fees and litigation costs) against all claims, losses, liabilities and other costs that may incur Madmagz following legal action by a third caused by your violation of these Terms of use and sale, an unlawful, infringing activities (including infringement of a license, patent, trademark or other intellectual property rights of Madmagz or third), defamation or violation of any law or regulation. The conditions of this Article 6 shall survive the termination of the Terms of use and sale, whatever the reason.
The compensation terms set forth in this section are independent of the conditions of liability and warranty contained herein.
Article 7. Illegal and fraudulent conduct
7.1 Provision of content by the User
If you decide to put content online Madmagz directly or through the magazines that you create and publish, you agree to: i) use Madmagz accordance with the terms described herein and ii) only upload content Decent , honest and loyal.
You may not: i) to disclose personal data about other users or third parties Madmagz ii) post or disclose the contents infringing, defamatory, insulting, obscene, offensive, violent or promoting violent behavior, or content of a racist, xenophobic and generally, any content that is contrary to the purpose of service Madmagz, the rights of third parties and any applicable law or regulation, iii) upload, transmit or send any content that could reduce , disrupt or prevent the normal use of the site Madmagz, including without limitation content that would cause interruptions and / or slowing of normal transmission of data between users via the website Madmagz, such as software, viruses, logic bombs, spamming, etc. .Iv) upload, transmit or send content that includes links to third party websites or illegal or offensive to websites which are incompatible with the purpose of Madmagz.
7.2 Fraudulent behavior and damage to the integrity of Madmagz
You agree not to: i) use automated or manual processes to copy all or part of models and / or Magazines or services available on Madmagz ii) to use hardware or software to interfere or attempt to interfere with the operation normal Madmagz iii) to implement any action which would create a disproportionate burden on the site or Madmagz Madmagz infrastructure. You may not reproduction, alteration, modification, and any creation of derivative works of all or part of the content of our site.
In case of fraudulent conduct, affecting the operation of Madmagz Site, you agree to indemnify Madmagz for Madmagz damage as a result of such behavior.
7.3 Notification and removing content
If you become aware of content on the site showing information Madmagz apparently false, offensive, inappropriate or unlawful, we ask that you notify us immediately so we can disable it by sending us an email with the link to the content in question and the reason for the notification, at the following address: [email protected].
Article 8. Limitation of Liability
8.1 Content placed online
8.1.1 Models
The models proposed by Graphic Madmagz are validated before they are posted on the "Create a Magazine." This validation applies only to the quality of the model and its compliance with the editorial line of service Madmagz. We have no control over the reliability, accuracy, adequacy or completeness of the models proposed by designers and hosted by Madmagz nor the legal capacity of persons with the proposed models.Designers are solely responsible for the content they offer for the online service Madmagz. Madmagz has a host of role models available at Madmagz.
8.1.2 Magazines
We have no control over the quality, reliability, accuracy, adequacy or completeness of the contents of magazines created by the Publishers and hosted on the site Madmagz, or the ability of those who put Magazines Online or on that of the users to enter into contracts to purchase. Each category of service user Madmagz, publishers and users (client) is solely responsible for the verification of information provided to the other and the possible conclusion of purchase contracts.
The editors are solely responsible for the content they create and publish magazines on the service Madmagz. Madmagz has a role as host of magazines available at Madmagz.
8.2 Magazines for sale
Madmagz can not be held responsible for any consequences arising from the use of Magazines for sale on the site Madmagz. The purchase and / or consultation of magazines is made at your own risk.
In general, the responsibility for Madmagz, one of our partners or our representatives will be sought in respect of your use of magazines or information offered on the site Madmagz.Responsibility for Madmagz will in any event, limited to the amount of the order and can not be blamed for simple errors or omissions that may occur despite all precautions taken in presenting the service Madmagz.
8.3 Network and Internet accessibility of the site Madmagz
You acknowledge and agree that the Internet, and more generally any computer network used for data transmission, may (i) include the risks associated with the lack of protection of certain data against possible misappropriation and the risks of contamination by viruses and (ii) experience periods of saturation due to bandwidth congestion, cuts due to technical problems or maintenance operations, making companies running such networks or any other events beyond Madmagz's will.
8.4 Loss of data, other
Madmagz not be held responsible for any loss or corruption of data, for any loss of profit, revenue, opportunity, time, or any indirect, that such loss or such damages are due to negligence or any other cause.
Madmagz is not responsible in case of impersonating a Registered User. If you have reason to believe that an unauthorized person would use your identifying information or account, you must immediately inform Madmagz at the following address [email protected].
Madmagz servers are available 24 hours 7 days 24 and 7, except during maintenance and downtime, as defined in Article 10. In case of interruption of service because of the facts that are beyond the control of Madmagz (such as a force majeure event), and in case of data loss, Madmagz agrees to return the last saved version of the following pages: "Create your Magazine" and "Sell your magazine."
8.5 Hyperlinks
This Site may include hypertext links to third party websites. Madmagz can not in any way be held liable for any damages, direct and / or indirect that may result from the use of content, data or information of any kind, accessible from links posted on the site. Madmagz can not be held responsible for any damage, direct and / or indirect that may result from the use of information contained on third party sites accessible from the service Madmagz, including information on the following topics: "Create Your Magazine "and" Sell Your Magazine. ", or downloadable files found on these sites from links posted on the site Madmagz. It is your responsibility to check that the information contained in the sections "Create a Magazine" and "Sell Your Magazine" and other websites are accurate, consistent, complete and comply with regulations.
Article 9. Limited Warranty
This site and the services provided by Madmagz are provided as is. We exclude, to the extent permitted by law, all contractual guarantees, including any warranties of non-infringement. We do not guarantee any results of use, or that the operation of our services will be uninterrupted, error free or secure.
In general, the company's Fairy Net does not warrant its completeness or accuracy of the information content and services offered on the site Madmagz. However, we are all available out in order to provide users Madmagz quality content.
Madmagz does not guarantee that the site will Madmagz meets the needs of users. It is their responsibility to ensure they have effective access to appropriate technology for the use of services offered by the site Madmagz.
Article 10. Site Maintenance Madmagz
Madmagz reserves the right to suspend access to the site Madmagz from time to time in order to perform maintenance on Madmagz and / or servers. Madmagz strive to achieve the maintenance during the hours not worked and to limit its duration. In case of emergency maintenance work, Madmagz reserves the right to suspend all or part of Madmagz access to interventions to achieve the necessary techniques. In addition, the site can put Madmagz Madmagz updated from time to time.
Article 11. Term and Termination
This Agreement is effective when you have completed the registration process on the service Madmagz, for an indefinite period.
We can, and you can terminate at any time under the following conditions:
- if requested by you to close your account, as described in Article 5.5 and subject to the complete execution of the last command in progress;
- for the use of your account in violation of these Terms of use and sale, and fraud to payment, attempted fraud or any other offense. In this case, we will send you an email notification asking you to remedy violations of the Terms of use and sale within 48 hours.In the absence of correction within this period then we reserve the right to close your account Madmagz without further notice. Any account closure initiated by Madmagz will be without prejudice to compensation for any damage suffered by whole Madmagz because of your actions on the service Madmagz.
In addition, this Agreement will terminate automatically if you refuse any new version of the Terms of use and sale, as stated in the beginning of these.
Article 12. Promotion - Advertising
Madmagz will include the User-corporation as a User of its services by including their name, brand and / or logo in its marketing campaigns and public relations on the Internet and off-grid including, if and as needed, by mentioning the name or brand of the User in its press releases or advertisements or any other media. This authorization will remain in effect during the term of the Agreement. Madmagz may also mention the name of the magazine created by the user-corporation, under the conditions defined above and make them searchable online on the site Madmagz Magazine web format.
Article 13. Force majeure
We can not be held responsible for any breach of our obligations under this Contract for cause facts beyond our control, the act of a third party and / or resulting from acts of God.The force majeure will include, besides the cases recognized by the courts, all natural disasters, acts of war, breaches of public order, epidemics, fires, floods and other disasters, acts of government, all strikes, lock- out and all electrical problems and techniques external to the parties and preventing communications.
Article 14. Notifications
Except as expressly provided, any notice sent to the company's Net Fairy must be sent by post to Madmagz at the following address: 157 boulevard Macdonald - 75019 Paris - France.
Any notice which is for you will be sent by e-mail to the address on your account Madmagz. Notices are deemed received 24 hours you will be after sending an e-mail unless the sender is notified of the invalidity of the e-mail. Notifications can also be sent to you by registered letter with return receipt to the address on your account Madmagz. In this case, notifications are deemed to be received by you within 48 hours after sending the mail.
Article 15. Other stipulations
Relations between the parties. Madmagz one hand, the editors of the second part, the graphic part and the third by the fourth you are independent parties, each acting on its behalf and for its own account. These Terms of Use and Sale do not create any relationship of subordination, agency, joint venture, joint venture, employer / employee or franchiser / franchisee relationship between Madmagz, editors, graphic designers and yourself.
Nullity of the contract. In the event that one or more terms contained in this contract would be illegal, unenforceable or inapplicable by a court, other provisions of the Agreement shall remain in force, provided that the general is still in the Contract not upset.
Waiver. Our tolerance for a breach of this Agreement by a User does not alter our rights and actions against the User for any breach of similar and / or later.
Entire Agreement. These Terms of use and sale, including the preamble constitute the entire agreement between the parties.
Article 16. Applicable law and jurisdiction
These Terms of use and sale are subject to French law.
The Parties agree, initially, to try to resolve any disputes amicably. In case of failure to resolve amicably, it is expressly agreed that the French courts have exclusive jurisdiction to rule on any disputes which may arise between the parties relating to the signing, interpretation, execution and termination of these, even if referred or request, or collateral.For any dispute between the company's Net Fairy, and a corporation, exclusive jurisdiction is given to the courts of Paris.