GENERAL CONDITIONS OF USE - The Makers
“The Makers” is a free application for iPhone that was developed by Appvelvet, whose headquarters are located in Paris - France, hereafter referred to as “the developer.”
The users are the people who have downloaded The Makers application via the App Store.
These general conditions form the contract between the parties, namely the developer and users. No exceptions to these conditions will be allowed, except with the previous written agreement of the developer. The developer reserves the right to modify these general conditions. The updated version will be available on the site from its entry into force.
Consequently, users who continue to use The Makers application after modification of the general conditions indicate, by this use, their acceptance of the modified general conditions.
The Makers application is given in license as is and is accessible to users with no guarantee of availability or legality.
The developer consequently commits to effectively maintaining the access and functioning of The Makers application for the users, but will not be subject to any indemnity in the event of interruption of service, no matter the cause.
2. User obligations.
As part of the use of The Makers application, the users commit to:
- Not publishing any photos whose content is illegal or contrary to public order or public decency;
- Not posting any comments which are racist, discriminatory, xenophobic, abusive or which incite hate or violence, nor any comments that are contrary to public order and public decency, or any links to this type of content;
- Not using The Makers application to collect the personal data of other users;
- Not using The Makers application unless they are capable of it in the legal sense, or that they have at the very least obtained the authorization of their legal representative to buy and/or sell goods via The Makers application. By this agreement, the legal representative also indicates their acceptance of these general conditions;
- Providing only correct, complete and current information during their identification;
- Publishing only photographs or designs that belong to them or to which they retain the necessary publication rights;
- Ensuring the protection and proper use of their access to The Makers application and of their identifiers.
3. Obligations and Responsibilities of the Developers.
The developer is responsible only for any fraud or gross misconduct, and the obligations of the developer linked to the functioning of The Makers application are exclusively obligations regarding means.
The users recognize and accept that The Makers application is exclusively a platform for professional networking and consequently the developer assumes no direct or indirect responsibility concerning the content of the application and its use. Likewise, the developer is not responsible, contractually or extracontractually, for any files, models, photographs, designs, supports or other elements posted by the users via The Makers application. The developer therefore provides no direct or indirect guarantee regarding the accuracy of the information posted by the users via The Makers application concerning loyalty of the users, respect for image rights and more generally of intellectual and industrial property.
The developer cannot in any instance be held responsible in the event of identity theft or hijacking by a third party of a user’s access to The Makers application.
The developer reserves the right to delete and temporarily or permanently limit access to The Makers application for people who clearly do not respect the general conditions, without either notice or compensation.
4. Processing of personal data and the management of cookies.
By providing their personal data, the users give the developer the express authorization to process the information for the purposes listed hereafter: the data that the users communicate via The Makers application can possibly be processed for the statistical or management purposes of the application by the developer, and can be passed on to other users as part of the use of The Makers application.
This data will not be loaned or given to other parties.
At any time, the users can oppose the processing of their personal data. In return for a dated and signed written request sent to the vendor, the users who wish to can, after having proven their identity, (copy of the identity card), obtain free written communication of personal data concerning them as well as, if necessary, the correction of data that is inaccurate, incomplete or not relevant.
A copy of the personal data is communicated to the user who makes the request, within at most 45 days after the receipt of the request.
The developer is likely to install cookies on The Makers application, allowing it to trace and automatically record information related to navigation of the application, and to store the information collected during user visits, in order to facilitate their identification process and their use of the application.
The users can oppose the implementation of this automatic process or delete the existing cookies by following the steps outlined in their browser.
5. Intellectual Property.
All of the intellectual property rights relating to The Makers application remain the property of the developer and are not in any case transferred to the users.
The commercial name “The Makers” as well as the logo, layout, graphic design, information, presentation and content of the application are thus the exclusive property of the developer, this list is not exhaustive.
Any unauthorized reproduction of these elements is prohibited and will be pursued in competent courts.
6. Applicable law and competent courts.
Any contestation relating to the use of The Makers application, as well as any dispute concerning the validity, interpretation or execution of these general conditions will be subject to French law and the exclusive jurisdiction of the courts of Paris.