>> Introduction

ATTENTION, if you are not of legal age, your parents, tutors or legal guardians must explain to you all the terms and expressions used below in order to clearly understand what you are committing to. Check with them before deciding to accept without reserve the Conditions of Use communicated below.

The general terms of use; apply in an exclusive way between the originators and owners of the Internet site laCartoonerie.com (hereafter “Us”) and any person using the laCartoonerie.com site (hereafter “You”).

We provide everyone with an online tool (hereafter “Site”) allowing to create and diffuse animations. The title, design, the form of the site as well as its contents such as written information, data, their organization as well as the compilation of software, fundamental code source, and other elements contained on the Site are Our property.

In accordance with the provisions of the code of intangible property (Article 121-1) the only elements for which You hold the title of the intellectual property are the chain of characters stored in dedicated tables of our database, defining your characters, decorations, scenes and films (hereafter “Animation”). In exchange for the use of the Site, You fully supportingly allow Us the exclusive and graceful right of representation and reproduction of your Animation, for the duration of the author right protection for the whole world.

We authorize You to diffuse these elements electronically and to print them on paper with a solely non-lucrative aim. Any other use of the elements of the Site, including the reproduction with an aim other than that mentioned above, the modification, the diffusion or the republication, without our previously expressed and written authorization is strictly prohibited and constitutively signaled as a penal sanctioned counterfeit.

>> Obligations of the parties

a) Personal Information

All the personal data that You submit is treated in the most strict confidentiality, and is not transmitted to any third party. In accordance with the article 34 of the law of Data processing and Liberties from January 6 1978, You have the right to access, modify and delete the data that You provide us. You can exert this right by sending an email to contact@laCartoonerie.com.

The site is stated at the CNIL under the reference number 895721.

b) Rules of good behavior regarding the creation of Animations

No racism

• No racism
• No violence or aggression
• No pornography or pedophilia
• No harassment or saturation by repetition of identical Animations,
• No repeated references to other websites
• No insults
• No speculations or revelations in connection with the identity of another person.
• No account usurpation

We reserve ourselves the right to apply these rules, to prevent the diffusion of an Animation on the Site, and to exclude the workshops for creating Animations from the site, temporarily or definitively, following our own will. While waiting for a possible readmission, the banned users will continue to profit from other services (including viewing animations). Our decisions of moderation cannot be disputed. By accepting the present conditions of use, You commit yourself to respect their authority, at the same time as the rules above.

c) Rules of good behavior when submitting comments and sending emails to contact@laCartoonerie.com

If you have any comments you can address them to us by email to contact@laCartoonerie.com or directly on the Site for a given Animation in the section that allows viewing of Animations - as long as the contents are not illegal, obscene, abusive, threatening, defamatory, contravening the intellectual property laws, or prejudicial with third parties and does not contain computer viruses, or does not consist of political militancy, commercial requests, mass mailing, chains or any other form of “spam”.

You are not to use a false e-mail address, to usurp the identity of a person or an entity, nor to lie in relation to the origin of the contents. We reserve ourselves the right, (following our own will) to remove or to modify any content.

You declare and guarantee Us that You are the owner or that You have the necessary rights of the contents that You transmit to Us. That on the date of transmission of the contents or the material: (I) the contents and the material are exact and veracious, (II) the use of the contents and the material does not contravene our conditions of use and will not affect a third party (evidently the contents or the material will not be defamatory). You agree to compensate Us in the case that action is taken against Us by a third party, based or originated by the contents that You communicated to Us.

>> Exclusion of guarantees - Responsibilities

Within the limit of what is authorized by the law, we provide www.laCartoonerie.com site on a “as it is” basis. We do not make any statements or grant any guarantee of some kind that is explicitly or implicitly related to this Site, its operation or its contents. No information (including the classification of Animations in categories of viewing animation) provided on the Site has contractual value. Moreover, we do not declare nor guarantee that the information accessible on the Site is exact, complete or updated.

As far as what the law allows and engagements that We have taken, We cannot be held responsible for the damage, this including any loss of data, income, profit, as well as any request emanating from a third party, resulting from or in relation with the use of the Site, the information, the contents or the elements presented on the Site.

The Animations which are broadcasted on the Site are the responsibility of their author (in particular the ideas and opinions, and the category attributed to the Animation). The users are invited to comply with the rules of good behavior stated in this document. The contributions are integrated instantaneously and without a prior checking of the author's identity. This way, when reaching the viewing space for animation created on the Site, the users commit themselves to not prosecute Us

>> Intellectual Property

We are the holders of all the intellectual property rights related to the Site. The accessible elements on the Site, particularly the form of texts, icons, graphics, software, data are also protected by intellectual property laws.

You have the intellectual property laws of the Animations that You create, this means the chain of characters stored in a designated table in our data base.

We commit ourselves to send you by email, any Animations you request and have created using the Site. By using the Site, You fully supportingly allow Us the exclusive and graceful right of representation and reproduction of your Animation, for the duration of the author right protection for the whole world. We grant You a limited license for your access and personal use of the Site. This license does not enable You at any moment, to use this Site for commercial use. The access to the Site does not confer You any right regarding the intellectual property laws related to the Site which remains Our exclusive property.

We authorize You to diffuse electronically and to print on paper these elements only with a non-lucrative aim, on the condition of mentioning at the end “© Cartoonerie - All rights reserved”.

For example, the Animation that you view on the Site uses our database (objects, decorations, characters, music). You are only authors of the Animation, this means the fitting in of this data into time lapses. In exchange for the use of Our Site and the graceful transfer of your reproduction and representation rights, we thus give you the means of visualizing your Animation (chain of characters from our database) by using our data, and of diffusing your animation by including the appropriate mention.

We authorize You, on a purely non-exclusive and revocable basis, to create a pointing hypertext link towards Our home page; with the condition that this bond does not comprise untrue, pejorative, false, characters, or something able to cause Us damage. Under no circumstances can the creation of this hypertext link involve our responsibility, in the contents of your site. Any use of our logo, or our graphics requires our expressed and written authorization.

You are not to use the meta tags or any other “hidden” text containing our name or the name of the Site without our expressed and written authorization. Any non-authorized use of the Site, including the reproduction with aim other than the previously mentioned, the modification, the diffusion or the re-publication, without our previous expressed and written authorization, is strictly prohibited: it will put an end to the license that We granted You, and will be constitutively signaled as a penal sanctioned counterfeit

>> Applicable law and jurisdiction

The present general terms of use are subjected to the French law. All the litigation relating to their interpretation and/or their execution are subjected to the exclusive competence of the Parisian jurisdictions.