Terms and conditions of use – Graphito Creation

  1. Purpose

The present General Conditions of Use regulate access and use of Graphito Creation website and e-commerce sites.

  1. Glossary

In the present « Terms and Conditions of Use”, words or expressions beginning with a capital letter have the following meaning:

“Electronic mail address (e-mail)“: refers to the e-mail address provided by the User during the Account creation phase. This Address may be used by Graphito Creation for commercial purposes only.

“Data Protection Policy“: refers to the document accessible on the Site, which presents the conditions according to which Graphito Creation processes the personal data collected on the Site. This policy is an integral component of the General Conditions of Use as defined below.

“Customer“: refers to any individual or legal entity having full legal capacity and who has opened an Account on the Site.

“Account“: designates the individual account of a Client, allowing him to access the services of Graphito Creation and, in particular, the online shop and Prevenline® platform.

“General Conditions of Use” or “GCU“: refers to the current conditions of Graphito Creation’s sites and to which the Charter of Information Technology and Civil Liberties is an integral part.

“Identifier“: refers to the e-mail address provided by the User when registering.

“Registration“: refers to the process by which any individual or legal entity may enter personal or professional data and create an Account.

“Password“: refers to a series of characters entered by the User, constituting his personal, exclusive and confidential password, when creating his Account and which, associated with the Identifier, allows him to access his Account.

“Sites“: refers to all the websites and online platforms belonging to Graphito Création.

“User“: means any individual or legal entity who visits one or several sites’ pages. A Client is considered a User.

  1. Acceptance and modification of the GCU and of the Site
    1. Access to and use of the Sites are subject to acceptance and compliance with these Terms and Conditions of Use.
      By browsing the Sites, whatever the technical means of access and the terminals used, you are presumed to be aware of these GCU and to accept the terms without restriction.
      The present GCU apply, as far as required, to any variation or extension of the Site on existing or future social and/or community network.
    2. The GCU may be modified at any time by Graphito Creation due to the constantly evolving nature of the Sites and the products. The Sites may be subject to various changes: the availability of new functionalities, the removal or modification of some of them… In the event of disagreement with the GCU, no use of the Sites should be made by the User.
  2. Intellectual ownership

The Sites are works protected by the laws in force on intellectual property of which Graphito Creation is the copyright owner.

The general structure, the texts, the animated or not animated images and all the elements constituting the Site, are protected and fall under the French legislation on copyright and intellectual property. All reproduction rights are reserved, including for downloadable documents and iconographic and photographic representations.

Any reproduction, representation, modification, publication, transmission, alteration, denaturation, whether total or partial of the Site or its contents, by any means whatsoever and on any media whatsoever, is prohibited. Any unauthorized use of the Site or its contents, or of the information disclosed therein, would engage the responsibility of the User and would constitute an infringement punishable by articles L 335-2 and following of the intellectual property code.

      3. Personal data

For any information concerning the use of your personal data by Graphito Creation, please refer to the Data Protection Policy.

      4. Responsabilities

4.1 Responsability of the user

All necessary equipment and software to access and use the Sites remain exclusively the responsibility of the User, who is therefore solely liable for the proper functioning of his equipment and his access to the Internet.

It is therefore his responsibility to take all appropriate measures to protect his own data, computer systems and/or software from contamination by possible viruses.

The User is the sole person responsible for the use he or she makes of the Sites.

The User/Customer is liable for all damage that he may cause Graphito Creation as a result of non-compliance with the GCU.

In case of failure by the User to comply with these GCU, access to the Services will be automatically blocked, regardless of any legal action that may be brought by Graphito Creation and of any indemnity that may be claimed.

The User commits himself not to create a hypertext link without the agreement of Graphito Création. He agrees to inform Graphito Creation without delay, by any means, of any error, fault or irregularity that he may discover in the use of the Site and/or the Services, as soon as he becomes aware of them.

In order to respond to a security alert (anti-virus control, etc.), at the request of an authority (administrative, judiciary or any authorized authority), to an alert emanating from another User, Graphito Creation reserves the right, as the case may be :

  • to keep, for purposes of proof, any information that does not comply with the rules set out in the General Terms and Conditions of Use;
  • to keep, for purposes of proof, all logs, traces of connection or data of a personal nature (or not) proving the User is responsible for the behavior or actions in question;
  • to modify, reject and/or remove access to any information not complying with the rules set out in the present GCU.
  • to apply the terms of article 6 “Termination – Failure – Suspension” of the GCU.

4.2 Responsability of Graphito Creation

Graphito Creation employs all reasonable means at its disposal to ensure a quality access to the Sites.

The Sites are accessible 24 hours a day, 7 days a week, except in case of major circumstances or the occurrence of an event beyond the control of Graphito Creation and except possible interruptions and maintenance servicing necessary for the proper functioning of the Sites.

Moreover, Graphito Creation shall not be considered liable for any malfunction of the network and/or servers or of any other event beyond its control that would prevent or impair access to the Site and/or the Services.

Graphito Creation can interrupt, temporarily suspend or modify access to all or part of the Site and/or the Services without notice, for the purpose of maintenance, or for any other reason, without the interruption giving right to any liability or compensation.

Graphito Creation shall not be liable for any damage that may be caused as a result of:

  • the use of the Services by the User/Customer in a non-compliant way with these GCU and with the applicable regulations;
  • the configuration of the User/Customer’s computer allowing him/her to identify him/herself automatically and thus allow any third party to use the Site or the Services with his/her Account or by stealing his/her identity. Consequently, to limit this risk, the User/Customer is invited to secure access to his Account (deletion of cookies and automatic identification, etc.).

5. Hypertext links

  1. The Site may contain hypertext links leading to other Internet sites over which Graphito Creation exercises no control. Despite the checks carried out before setting up any hypertext link on its website, Graphito Creation declines all liability as to the content of these sites and any updates that may be made to them.
  2. Graphito Creation authorizes the setting up of hypertext links to any page or document on its Site. This setting up of a link may only be done on the condition the authors of the link have previously informed the Site’s webmaster. Naturally, sites distributing information of an illicit, violent, controversial, pornographic or xenophobic nature or which may be harmful to the sensitivity of the majority of people are excluded from this authorization. Lastly, Graphito Creation retains the right to have a hypertext link pointing to its Site removed at any time if it considers it does not comply with its editorial policy.

6. Miscellaneous

If any of the articles are found to be null and void, they shall be deemed unwritten but shall not invalidate the other articles. The failure of Graphito Creation to execute any of the rights resulting from the present GCU does not constitute a waiver of the right to assert its own rights.

7. Enforceable law

The General Conditions of Use are governed by the French Law.