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TERMSGENERAL USE OF THE SITE

Last revision: 23/12/2022

IIT IS IMPORTANT TO CAREFULLY READ AND UNDERSTAND THESE TERMS AND CONDITIONS OF USE OF THE SITE.
BY ACCEPTING THESE TERMS, YOU AGREE TO RESPECT THE FOLLOWING TERMS AND CONDITIONS.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS AND YOU DO NOT WANT TO ABIDE BY THEM, YOU WILL NOT HAVE TO ACCEPT THEM AND THEREFORE WILL NOT BE ABLE TO BENEFIT FROM THE SERVICES OFFERED BY THE COMPANY ON THE SITE.

Preamble

 

DAWN WAND, a micro-enterprise registered with the Chamber of Trades and Crafts under number 881 880 405 00025, whose head office is located at 9 loissement l'orée du village - 01290 Saint André d'Huiriat, France, publishes and animates a website under the DAWN WAND brand, accessible on the internet at the address  https://www.dawnwand.com/  (hereinafter referred to as “DAWN WAND” or “the Site”), whose purpose is:

 

  • to present his work to Internet users (texts, presentations, photo gallery);

  • to sell its craft products in an online store;

  • to provide Users with discussion tools around the Projects, and a Forum type space to ask questions or launch discussion topics. 

 

The purpose of these General Conditions is to define the terms and conditions for the provision of these Services to users of the Site.

The use of DAWN WAND or the services offered on http://www.dawnwand.com suppose the full acceptance of these General Terms and Conditions of Use by Users.

The General Conditions of Use are updated on a regular basis, and are therefore subject to change. Given in particular the possible extensions and improvements to the operation of the Site, the Company reserves the right to adapt or modify at any time the scope of the services offered through the Site. The Company reserves the right to unilaterally modify the General Conditions of Use at any time, without notice.

Article 1. Conditions of access and registration on the DAWN WAND Site

A. Consent and Capacity

Registration is done by completing an online form. Once the form has been completed and validated. When registering, the User undertakes to provide accurate data, and is required to complete all the mandatory fields appearing in the registration form.

 

The User who is a natural person must be of legal age and must have the capacity to contract.

 

The representative of the legal person User certifies that he holds all the rights necessary for the conclusion of these presents on behalf of the legal person he represents.

 

The Company reserves the right to refuse registration to any User who does not meet the conditions of good character, or who agrees with the values and ethics that the Company strives to convey, without the latter being held to justify this refusal.

The Company is the sole decision-maker of the registrations it retains, without any possible recourse or compensation of any kind whatsoever.

 

The User undertakes not to create or use accounts other than the one initially created, whether under his own identity or that of a third party. Any derogation from this rule must be the subject of an explicit request from the User and an express and specific authorization from the Company. The fact of creating or using new accounts under its own identity or that of third parties without having requested and obtained the authorization of the Company may result in the immediate suspension of the User's account and of all the associated services.

 

The User guarantees that the information communicated by him on the Site is accurate, sincere and consistent with reality. He undertakes to inform the Company without delay in the event of any modification of the information communicated at the time of registration and, if necessary, to make these modifications himself within his space.personal.

B. Username and password

As soon as their account is created, the User will choose or will be assigned a username and password (hereinafter "Usernames") allowing them to access their personal space. These identifiers are personal and confidential. They can only be changed at the request of the User or on the initiative of the Company.

 

The User is solely and entirely responsible for the use of the Identifiers concerning him and undertakes to make every effort to keep his Identifiers secret and not to disclose them to anyone, in any form whatsoever and for whatever reason.

 

The User will be responsible for the use of his Identifiers by third parties or for actions or statements made through his personal User account, whether fraudulent or not, and guarantees the Company against any claim in this regard. .

 

In addition, the Company not having the obligation and not having the technical means to ensure the identity of the people registering on the site, it is not responsible in the event of theft of the identity. of the User. If the User has reason to believe that a person is fraudulently using identification elements or his account, he must immediately inform the Company.

 

In case of loss or theft of one of the Identifiers concerning him, the User is responsible for any harmful consequences of this loss or this theft, and must use, as soon as possible, the procedure allowing him to modify them.

 

In the event that he becomes aware of another person's access to his Personal Account, the User will immediately inform the Site manager by e-mail at the address dawn-wand@hotmail.com, and will confirm this information by registered mail to the following address: DAWN WAND - EI Donatellis Sophie - 9 loissement l'orée du village - 01290 Saint André d'Huiriat

Use of the site that is fraudulent, or that violates these General Conditions, will justify the refusal of the User, at any time, access to the Services or other functionalities of the Site.

Article 2. Conditions applicable to message broadcasting services =Google page / facebook / Instagram / Tik Tok / Youtube

by DAWN WAND

A. Liability for messages and content posted by Users

The User is prohibited from posting any content likely to mislead other users of the site, or constituting a false declaration. He alone engages his responsibility with regard to other users, for the damage suffered by the latter due to the inaccurate or misleading nature of this content.

 

The User must ensure that he holds the rights, in particular of intellectual property, necessary for the publication of the content he distributes.

 

The User must ensure that he does not communicate personal data to third parties without their authorization. 

 

The Company declines all responsibility resulting from the possible violation of the rights of third parties.

 

Users are solely responsible for the content and data that they put online on the Pages and comment spaces and undertake that the information published does not violate any legal or regulatory provision in force. In particular, the User is prohibited from posting any manifestly or potentially illicit content, whatever the medium (sounds, texts, images, videos, etc.)

 

The Company does not exercise moderation upstream on the messages and content put online by the Users to which the Site is likely to refer. It acts as a host within the meaning of Article 6 I 2° of the LCEN, and as such engages in a simple storage activity.

B. Information of the Company by the Users of the Site.

Any User must report to the Company any illegal or manifestly illegal content by email, at the address 

C. Right to delete content and/or the User's Personal Account.

Under the conditions and limits of the applicable regulations, the Company reserves the right to immediately delete, without prior notification and without compensation, any illegal or manifestly illegal content of which it has become aware, as well as the Personal Account of any User who has published illegal content.

 

Article 3. Duration of the relationship with the company

These General Conditions of Use apply for the entire duration of use of the Site and until the account is closed for any reason whatsoever.

Article 4. Responsibilities

A. Company Responsibilities

Information – The information relating to the services provided by DAWN WAND is provided for information only, and has no contractual value. The company does not guarantee the accuracy of this information, and may modify or update it at any time without notice.

Access to services – DAWN WAND implements the necessary means to avoid any slowdown or any impromptu interruption of the services without however being able to guarantee the absence of interruption, nor even the duration of such an interruption. DAWN WAND cannot be held liable in the event of a network or server problem, or in the event of any failure or breakdown. As such, no refund can be considered for a stoppage of services, damage, or loss of content.

B. Responsibility of users

Security of his account – When registering on the site, the User is required to choose a user name and/or email address and a password. The User is solely responsible for the confidentiality of his identifiers, and remains so in the event of unauthorized actions carried out by a third party using them. It is therefore advisable to end the session (disconnection) after using the services. In the event of fraudulent use of his identifiers, the User has the obligation to inform DAWN WAND without delay, indicating the violations that may have been committed.

Use of the services – The content published through the services, whether publicly or not, and whatever their nature (in particular, but not exclusively: information, code, data, text, software, music, sound, photography, image, graphic, video, chat, messages, files) engage the responsibility of the User at the origin of the publication. The User declares to be the holder of all the rights and authorizations necessary for the distribution of this content, and undertakes not to publish content contrary to these Conditions. Under no circumstances can DAWN WAND be held liable for the consequences of such publication, or for any loss or damage resulting therefrom.

All information, codes, data, text, software, music, sounds, photographs, images, graphics, videos, chats, messages, files, or content of other nature published through the services are the sole responsibility of the User who originated the posting, whether or not the posting took place publicly. Under no circumstances can DAWN WAND be held responsible for errors, inaccuracies or omissions in published content, or for losses and damages arising or that may arise from such content.

Damages caused – The User is liable for damages of any kind, material or immaterial, direct or indirect, caused to any third party, as well as to DAWN WAND as a result of the illicit use or exploitation of the services, whatever are the cause and place of occurrence of this damage and guarantees DAWN WAND against the consequences of any claims or actions to which it may be subject. The User also waives the right to exercise any recourse against dawnwand.com in the event of proceedings instituted by a third party against him as a result of the use and/or illicit exploitation of the services.
 

C. Network Operation

To use the Services, the User must have the equipment, software and settings necessary for the proper functioning of the Site. The User must have the skills, hardware and software required to use the Internet. The User declares that he knows perfectly the characteristics and constraints of the Internet.

Given the specificities of the Internet network, the Company does not offer any guarantee of continuity of service, being bound in this respect only by an obligation of means.

 

DAWN WAND cannot be held liable for damages related to the temporary impossibility of accessing one of the services offered by the Site.

 

The Company cannot be held responsible for non-functioning, impossibility of access, or poor conditions of use of the Site attributable to unsuitable equipment, internal malfunctions of the access provider of the User, in the event of misuse of the Site or services by the User or congestion of the Internet network in particular.

The Company declines all responsibility for any damage or loss related to the use or inability to use the Site or its content, except as provided by law.

D. Modification of the Site

It is understood that the content of the Site is not fixed.

Also, all the information contained on the Site may be modified at any time, given the interactivity of the Site, without this being able to engage the responsibility of DAWN WAND.

E. Availability of the Site

The Company has an obligation of means for the provision of the Services. It therefore disclaims all liability for any unavailability, suspension or interruption of the Site or Services that may occur in the context of maintenance operations, upgrading of hardware or software, emergency repairs of the Site or as a result of circumstances beyond its control (for example, but without this list being exhaustive, in the event of technical damage or failure of telecommunications links and equipment).

The Company strives to take appropriate measures to limit these disruptions insofar as they are attributable to it.

 

Furthermore, DAWN WAND cannot be held liable for indirect or unforeseeable damage within the meaning of Articles 1150 and 1151 of the Civil Code.

In accordance with article 1992 of the Civil Code, the responsibility of DAWN WAND can only be sought in the event of fraud or faults committed in its management.

F. Use of the Site

The Company wishes to draw the attention of Users to the fact that by using the Site or the Services and/or by publishing content and information on the Site, some of the actions carried out on the Site and certain information published will become public. and accessible to all. The Company therefore calls on Users to be cautious as to the consequences that this disclosure may have, in particular on their privacy. For more information, you are invited to consult the Privacy Policy of DAWNWAND.COM

Once this information is published, DAWN WAND cannot be held responsible for the consequences of this disclosure.


The Company also wishes to draw Users' attention to the fact that, by publishing content and information on the Site, they may be required to disclose personal data concerning third parties to the Company and/or the public. The Company therefore calls on Users to be cautious as to the consequences that this disclosure, for which they are solely responsible, may have. They must therefore ensure that they have the right to disclose such data. For more information, you are invited to consult la Privacy policy.


Once this data has been communicated, the Company cannot be held responsible for the consequences of this disclosure.

The information provided by a User must be sincere, accurate and consistent with reality. The consequences of their disclosure on their life and/or that of third parties are the exclusive responsibility of the User concerned.

 

It is recalled that the User takes the initiative to disclose and distribute on the Site information, data, texts, content, photos, videos concerning him. Also, the User assumes full responsibility and waives all recourse against the Company, in particular on the basis of the infringement of his image rights, his honor, his reputation, the privacy of his privacy, resulting from the dissemination or disclosure of information concerning him, subject to the legal provisions of public order.

 

The Company does not guarantee that the information presented is detailed, complete, verified or accurate. The documents, information, descriptive sheets, and, in general, any content present on the site are provided "as is", without any express or tacit guarantee of any kind whatsoever.

The Company cannot be held responsible for the inaccuracy of the information and content provided by other Users, visitors to the Site and/or the User himself.

In addition, the Company cannot be held responsible for content distributed by a User that may infringe the rights of one or more other Users or third parties.

G. Disputes between internet users

The Company disclaims all liability in the event that a dispute arises between Users and/or Visitors who have contacted the Site.

H. Hyperlinks

The Site contains links to third party websites.

The linked sites are not under the control of the Company, and the Company is not responsible for the contents of such linked sites. The Company provides these links as a convenience and a link does not imply that the Company sponsors or recommends the linked site in question or that the Company is affiliated with it.

The linked sites are owned and operated by independent resellers or service providers and, therefore, the Company cannot guarantee that the User will be satisfied with their products, services or business practices.

It is up to the User to make all the verifications that he deems necessary or appropriate before proceeding with any transaction with one of these third parties.

Article 5. Obligations of all users

The User undertakes to make use of the services in accordance with the purpose for which they were designed, and in all respects in accordance with these Conditions. In this respect, it is recalled that, in accordance with the previous provisions, the User is solely responsible for the content he publishes.

The User undertakes not to participate in any action having the purpose or effect of undermining the proper functioning of the services, in particular but not exclusively by any behavior likely to interrupt, suspend, slow down or prevent the continuity of the Services, any intrusions or attempted intrusions into DAWN WAND's systems, any misappropriation of the site's system resources, any actions likely to impose a disproportionate burden on the latter's infrastructures,  any breaches of security and authentication measures, all acts likely to infringe the financial, commercial or moral rights and interests of DAWN WAND or the users of its site.

By using the services offered by DAWN WAND, the User accepts that the Administrator of the forum is solely in charge of managing it, and in particular admits that the latter moderates the content posted, and manages the Members.

The User undertakes to respect the intellectual property rights of third parties, and of DAWN WAND. All of the elements visible on the site are protected by copyright law. He may not under any circumstances use, distribute, copy, reproduce, modify, distort or transmit all or part of the site or its elements, such as texts, images, videos, without the prior written authorization of the company. The trademarks and logos appearing on the site are the property of the company or are the subject of an authorization for use. No right or license can be assigned to any of these elements without the written authorization of the company or the third party, holder of the rights to the brand or logo appearing on the site. The company reserves the right to pursue any act of infringement of its intellectual property rights, including in the context of criminal action.

 

Article 6. Prohibited behavior and content

By using the services offered by DAWN WAND, the User undertakes to use them in accordance with the purpose for which they were designed, and not to use the products and services in order – in particular –  to incite, promote, welcome or present in a favorable light:

  • Hacking, hacking, spamming, and attacks against networks and/or servers, phishing, malware, intrusion into the network of third parties,

  • Content of a sexual, obscene, pornographic,

  • Violent, defamatory, discriminatory content, inciting racial hatred, crimes against humanity,

  • The sharing, hosting, distribution or pirating of works and content protected by copyright and intellectual property, or any infringing practice,

  • The sale, exchange or donation of products subject to special legislation, medicines subject or not to medical prescription, narcotics and other illicit substances,

  • Credit card fraud, or deceptive practices.

  • Violations of the rights and interests of minors,

  • Any behavior contrary to the laws in force, infringing the rights of third parties, or prejudicial to them. 

DAWN WAND reserves the right to remove pages Google/facebook/Instagram/Tik Tok/Youtube, messages or users making use of the services manifestly illegal or contrary to these Conditions, without notice. As such, forums containing texts, links, images, animations, videos, classified ads or content of another nature considered contrary to these Conditions may be deleted without notice.

Activities contrary to the laws and regulations in force may be the subject of a report to the competent authorities, and give rise to the exercise of legal action.

Article 7. Personal data and cookies

A. Uses of personal data

The processing of your personal data is based on your consent, except in cases where the data is necessary for the performance of a contract or for compliance with a legal obligation. In cases where this processing is based on the User's consent, he may withdraw his consent at any time in order to stop it according to the procedures provided for in notre Privacy Policy. Withdrawal of consent does not affect the lawfulness of processing based on consent made prior to such withdrawal.

All the information we collect is useful for the proper functioning of the service, and in particular allows you to personalize your user experience, improve the display and operation of the pages, and, if necessary, provide personalized advertising results. Some of this data is likely to be used if the User has consented to it, in particular with regard to the receipt of electronic information messages (newsletters) from the forums on which he is registered.

The User has the right to access, rectify and delete personal data concerning him, as well as the right to lodge a complaint with a supervisory authority. The procedures for exercising these rights are detailed in notre Privacy Policy.

The use of the services offered by DAWN WAND is subject to the reading and acceptance by the User of the Privacy Policy.

 

B. Use of cookies

A cookie is a text file containing a limited amount of information, which is downloaded to the user's device when visiting a website. It thus allows the forum to recognize the user during his next visits to offer him an optimal browsing experience.

DAWN WAND's services are likely to involve the use of cookies, for technical reasons, advertising, audience measurement, or the operation of external modules such as those of social networks.

The User may at any time refuse and/or delete the cookies placed by the services on his browser according to the procedures provided by notre Privacy Policy.  The User is informed of the possible impact that this choice may have on the proper functioning of the services.

Article 8. Acceptance, and modifications
By using the services of DAWN WAND, the User acknowledges without reservation, limitation or qualification having read and accepted these Conditions, and undertakes to comply with the terms thereof, without prejudice to the possible application of other conditions. or rules specific to certain specific services.

These Conditions  may be modified at any time, at the discretion of DAWN WAND. These changes are immediately applicable to new Users. All pre-existing Users must comply with the changes made within 30 days of notification of them, by any means.

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Company information - DAWN WAND micro company registered with the chamber of trades and crafts

in FRANCE - EI Sophie Donatellis - Siret 881 880 405 00025| All rights reserved

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