| 1.Presentation of the site |
The SANDAWE company is a private company of limited liability under Belgian law with a capital of EURO 30,000 listed on the Banque Carrefour des Entreprises under the number 820.488.455 and whose registered office is located at Waterloo Office Park - Bldg. B, Drève Richelle 161, Box 38, 1410 Waterloo, Belgium. SANDAWE is an independent publisher of graphic novels that manages the community site [www.sandawe.com] in order to create a space where participants in the world of graphic novels (readers, authors, investors, traders, journalists, …) meet and promote the creation and production of new books, as well as the discovery and development of new talent. Through the site, the community decides to publish the projects presented by the Authors, which guarantees the editorial independence of SANDAWE, which carries out the decisions of the community to the best of its ability. The site is divided into several sections:
This list of topics and content are subject to change by SANDAWE at any time and without notice. These General Terms and Conditions of Use (hereafter "GTCU") are intended to define the rules that apply to users of the site, defined as natural persons surfing the site in any way whatsoever. |
| 2. Access to the site as a visitor |
L’accès au Site est gratuit pour tous les visiteurs. Tous les logiciels et matériels nécessaires à l’utilisation des services du site, à l’exception de ceux proposés directement sur le site, sont à leur charge. En tant que visiteur, vous bénéficiez d’un droit d’usage privé et non exclusif sur le contenu du Site. Tout renvoi au Site par le biais de liens hypertextes doit respecter les conditions prévues à l’article 9. En accédant et surfant sur ce site en quelque qualité que ce soit, l’utilisateur accepte, sans limitation, les termes des présentes CGU. S’il n’y adhère pas, il est prié de se déconnecter |
| 3. Access to the site as an Author, Interneditor, or sponsor member |
To create a profile as an Author or Interneditor, you must:
The Author creates a personal profile under the special terms and conditions for Authors and The Interneditor creates a personal profile under the special terms and conditions for Interneditors. The Author claims to be the holder of the material posted and have retained a copy of all this material. As a result, the Author frees SANDAWE of all responsibility for any loss, theft or third party claims. You may only create one profile per person, but you are free to be registered as an Author and an Interneditor with the same profile. When you register (or apply for the opening of an account) on our site via the registration form online, you must submit, as a minimum, the personal information necessary to manage your account, as is mentioned in the registration forms. You agree to provide accurate information when registering, and you strive to keep it updated in the case of any changes. As a member, you choose your password when registering. This password is strictly personal and confidential. You are solely responsible regarding the maintenance of the confidentiality of the password. You agree to neither reveal the password to others nor not provide third parties access to the web page in order to add or modify the information contained on it. You will immediately notify SANDAWE if you suspect any unauthorized use or access of the password, especially in cases of phishing. When you register as a member, you agree to the terms presented in the GTCU. If you violate these terms of use, SANDAWE reserves the right to cancel your account as a member and to claim any damages. Any possible shares linked to the account in question would then become the property of SANDAWE and could not be refunded. |
| 4. Legality of Online Content |
You are solely responsible for the content you decide to post on the site, whatever its nature may be. SANDAWE has no a priori control over the content that you post except in the context of graphic novel projects. You must therefore respect the laws and regulations regarding compliance with intellectual property, respect for privacy, and personhood of others (including defamation, insults, slander, discrimination, etc...), public order and decency. This requirement also applies to content provided through links and any other technical means or indirect reference. By putting your content online and making it available to the site's community, you guarantee that you have all necessary rights and authorizations from the beneficiaries concerned, and that you have fulfilled all the rights and contingent payments due to these beneficiaries. Your content may be deleted or modified at the discretion of SANDAWE, and SANDAWE reserves the right to deactivate your account without prior formality if it considers that the circumstances warrant such an action. |
| 5. Good conduct |
SANDAWE strives to provide you with a friendly and secure community site, assuming you follow the rules of conduct in relation to the members and artists. Since this is a site for exchange and sharing of information, you must respect the following rules, without prejudice to the above:
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| 6. Personal Data and Respect of Privacy |
| With regard to the processing of personal data, SANDAWE has established a declaration with the Commission de la Protection de la Vie Privée (Rue Haute, 139, 1000 Brussels,
Belgium). In accordance with Belgian law, members have a right to information, a right of access, a right of correction, and a right of objection relating to their personal data held by SANDAWE that can be sent by mail to info@sandawe.com. SANDAWE automatically collects the IP address (computer address) of all visitors, as well as various statistical information such as the time the connection, the address of the previous page visited on the site or all the pages visited. Optimizing the use of the site may require creation of text files ("cookies") stored by your browser on your hard drive containing information about your personal data or your time spent on the site. If you wish, you have the right to object to the saving of these "cookies" by configuring your computer according to information provided by your browser. If you deactivate cookies, the performance or use of the Site may be affected. SANDAWE cannot be held responsible for items that members disclose their own initiative, nor the accuracy of the data, nor the consequences of the dissemination of the data of another member. When registering on the site of SANDAWE as a member, SANDAWE collects certain information which you provide voluntarily. Members are solely responsible for any personal information they disclose on the site, including their personal pages, and waive all claims to recourse against SANDAWE, including on the basis of the infringement of the image rights, one’s reputation, or privacy. |
| 7. Availability of the site |
The site is available continuously and without interruption other than periods of maintenance and downtime except for technical or administrative reasons. Wherever possible, we will keep you informed by email in case of a foreseen unavailability. SANDAWE cannot be held responsible for malfunctions of the Internet and personal connections or for users' equipment. |
| 8. Hyperlinks and images |
External hyperlinks Hyperlinks to the SANDAWE site. SANDAWE allows the use of hyperlinks related to the promotion of the Author or an book project that send an internet user from another site to page of the Author or his/her project on the SANDAWE site (for example from the personal page of an Interneditor's site or from a partner's site). The user can not directly or indirectly reproduce links to the Site for any purposes other than the promotion of the Author or book project. You may freely use hyperlinks which link to the SANDAWE home page as long as you make sure not to create confusion between SANDAWE's site and other sites. In general, SANDAWE does not allow use of hyperlinks which use the following techniques:
The use of hypertext links to SANSAWE site gives absolutely no right to the content of the site, nor any responsibility on SANDAWE’s part concerning the site containing the link. The creator of hyperlinks to the site also agrees:
Images published on the SANDAWE site. The user may not reproduce, on any site, blog or social network either directly or indirectly, content from this site, especially images, unless specifically mentioned that they can be reproduced (such as, for example, the tools of buzz and promotion). |
| 9. Site security |
Le visiteur s'engage à n'avoir aucune activité sur le site susceptible de perturber ou de tenter de perturber les activités du site. En particulier, SANDAWE interdit l’utilisation de fonctions JavaScript aux fins de déposer ou lire des cookies sur le site, rediriger les édinautes vers une autre page et les JavaScript "Include " et "iframe". Any violation of this section may result in sanctions, including:
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| 10. Protection of the Site's property |
The site is the exclusive property of SANDAWE. In general, SANDAWE grants a free, personal, non-exclusive, non-transferable right of access and use to the site. All other rights are expressly excluded without the prior written permission from SANDAWE. Any content available on the website (including visual, audio and audiovisual elements, software, scripts, interactive features, layout, interface, source code, photographs, drawings, texts) are and remain the exclusive property of SANDAWE or are (temporarily) yielded to SANDAWE by an Author, Interneditor or partner. This content is protected by copyright, trademark law and other intellectual property rights or related rights held by SANDAWE or its partners. Site content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, modified, adapted, sold, licensed or exploited in any way and for any purpose whatsoever, in whole or in part, without the prior written permission from SANDAWE or in strict compliance with these Terms and conditions. SANDAWE reserves all rights not expressly granted to the site. |
| 11. Limits of SANDAWE's Responsibility |
SANDAWE is not responsible to Member for any loss or damage they may suffer as a result of:
SANDAWE's responsibility can only be held under the conditions of ordinary law, for direct and predictable injuries suffered by the user, in accordance with articles 1148 and following of the Civil Code. In no event may SANDAWE be held responsible for consequential damages. By express agreement between the parties, the following shall be treated as consequential damages: any non-pecuniary or commercial damages, commercial loss of profits, of sales, of orders, of revenue or of clients, loss of data and any action against the user by a third and the consequences resulting from this action. Whatever the nature, basis and conditions of an action that would be incurred by the member, SANDAWE's responsibility for any direct damage may not exceed, over the entire duration of service provided, and all events combined, an amount equal to 100 (one hundred) Euros for the entire duration of execution hereof. On this occasion, it is to be recalled that each member is responsible for his/her own page, his/her actions on the site and the consequences they could cause (comments, criticisms, ...). To this end, the Member shall take all precautions in this regard, holding SANDAWE free and clear of any claim in this regard. The User acknowledges that the guarantees and limitations of the responsibility detailed above gives the parties a reasonable distribution of risks and responsibilities with regard to the context and financial conditions governing the provision of free service. The User acknowledges that SANDAWE would not have concluded the contract without the limitations of liability and warranty it establishes. |
| 12. Duration of the relationship with SANDAWE |
As non members, the GTCU apply for the duration of the connection to the site. As a registered member (Author, Interneditor, partner), the GTCU and the relevant Special Conditions apply as long as you keep your account on the site. SANDAWE may at any time and without notice terminate this agreement if the user fails to comply with any provision of the Terms of Use or the relevant Special Conditions. |
| 13. Clause nullity |
If any provision of these General Terms and Conditions of Use prove to be unenforceable, this fact will not affect the validity of the remaining provisions. SANDAWE will replace them with legally valid provisions that are within the spirit and purpose of these General Terms and Conditions of Use. |
| 14. Changes in the General Terms and Conditions of Use |
SANDAWE retains the possibility to modify these Terms of Use at any moment depending in particular on the evolution of the operating conditions of the site and improving service. You will be notified of these changes by any means at our convenience, usually by information posted on the site or in by a message sent to your internal SANDAWE inbox. |
| 15. Applicable law |
These General Terms and Conditions of Use are governed, interpreted and applied in accordance with Belgian law, the language of interpretation being the French language. Subject to the provisions of public order applicable to the jurisdictional competence, the courts of Brussels, acting in French, will have exclusive jurisdiction over any dispute relating to these. |