ARTICLE 1 : SCOPE
These conditions are designed to define the modalities in which the company WOPEOPLE - SAS with a capital of € 220,000.00 with headquarters 16 Place du General de Gaulle in LILLE (59800),FRANCE, registered with the RCS LILLE under No B 449 174 713, offers its customers (professional or non-professional publishing actors), hereinafter referred to the Client, a service allowing them to create their publications in an interactive 3D e-book form, to publish those e-books on the web and optionally to put them on sale. This service will be hereinafter referred as Wobook (the web oriented book). The fact that the customer opens an account on the site www.wobook.com and / or creates a wobook automatically implies the full and unconditional accession of the reserve to these Terms. Customer acknowledges having first read and accepts them without reservation. The fact that the company WOPEOPLE not rely at some point in any one of these general conditions of sale cannot be construed as a waiver of them later.
ARTICLE 2 : ACCESS TO THE SERVICE WOBOOK
Creating an account is required to access the service wobook, and requires an e-mail and a password.
Customer will be solely responsible for the use of his password.
The creation of this account is free, but does not allow access to advanced layout, publication and dissemination of wobook, for which a professional account must be open by the Customer.
The transformation of a free pay account into a professional one requires the purchase of a professional plan Wobook.
ARTICLE 3 : CREATION OF A WOBOOK
To create a wobook, the Customer upload a document on the server www.wobook.com with information necessary for its transformation into a wobook (name, description, formatting options).
This document should be sent by the Customer as a PDF, Word, Excel, PowerPoint or Open Office file and meet the technical specifications available at: http://www.wobook.com/support/specifications.pdf
After processing, the document sent by the Client is available as a wobook and its interface will be dedicated and ready to be released.
The wobook is accessible from any computer with an Internet browser and requires no software installation prior.
The company WOPEOPLE owns all intellectual property rights (reproductive rights, representation rights, rights of adaptation) relating to (x) wobook created (s) on behalf of the Customer. Sending wobook on Client interface will under no circumstances surrender of such rights in favor of the latter.
ARTICLE 4 : Releasing a WOBOOK
A wobook once created can be distributed publicly.
The Client may instead choose to distribute his wobook only to a private list of emails that will be sent to the server wobook.com as a CSV or TXT type file. In this case, access to the wobook will be controlled by an integrated authentication system, blocking access to content at any unauthorized reader.
ARTICLE 5 : COMMAND
Buying a wobook for sale, or subscription at a premium package or professional and their payment will be irrevocable upon electronic validation by the Customer (confirmation by double clicking), followed by an acknowledgment of the company sent by WOPEOPLE via e-mail.
The execution of the service being with the Customer Agreement provided before the end of the period of 7 days, the deadline for withdrawal pursuant to the exception provided in Article L 121-20--2 1° of the Consumer Code is not exercised.
ARTICLE 6 : PAYMENT
6.1 Free accounts and packages: Open an account on wobook.com is free. Each beneficiary of a free account can make and publish as many wobooks as desired within the limits of available storage.
Each wobooker also has a personal library where he can find wobooks for which he has acquired the rights of reading; those wobooks may be free (function "add to my library") or paid (function "buy")
6.2 Payment: Payments are made online only through Paypal when available or credit card following the payment procedure described in the registration process: are accepted: Eurocard - Mastercard and Visa International cards. As an exception, the orders placed directly to wopeople.com can be resolved by check or bank transfer. For such exceptions, a €10 fee per operation applies.
The Client is solely responsible for the payment of the service purchased.
WOPEOPLE is not liable for payment problems related to the operation of electronic commerce service.
6.3 Payment security: To ensure the security of its transactions, the site www.wobook.com is using secure payment services of PayPal and Paybox whose conditions are described respectively on the following sites: paypal.com and paybox.fr
To increase the security of payments, you are asked a control number during the online payment on www.wobook.com. The control number is composed of 3 digits and can be found on the back of the Customer’s card.
ARTICLE 7 : STATEMENTS / GUARANTEES
The Customer claims to be the holder of all rights (including copyright, image rights) inherent to the documents sent to the server wobook.com.
The Customer declares that these documents are free of exploitation and / or necessary permissions (transfer of copyright license to use image rights, licensing of any intellectual property right ...) have been obtained , allowing their reproduction, representation, adaptation, distribution on wobook.com.
The Customer also states that the documents sent to the server wobook.com do not affect privacy, public order and morality, do not constitute incitement to crimes or offenses (racial hatred, suicide ... ) And generally are not likely to result in liability of the company WOPEOPLE whatsoever.
The documents will be published and disseminated under the sole responsibility of Customer who has sent the document on the server. The company WOPEOPLE merely transforms the Customer's document under the wobook format, without conducting any control over its content, then publishes and broadcast as instructed by the Customer. It can never be treated as a publisher and subject to the rules for this title.
The Customer agrees not to disseminate through the service wobook any virus, Trojan horse or worm or other harmful program.
In addition, the Customer expressly grants to the company WOPEOPLE the right to use, reproduce, modify and adapt to formats used by wobook, publish and distribute (public or a private list of e-mails as instructed by the Client) documents delivered on the server wobook.com for the world and throughout the accommodation of the documents.
Such authorization will cease once the client remove his or her documents from its space.
Customer guarantees the company WOPEOPLE against any claim whatsoever that emanates from third parties whose rights (intellectual property rights, privacy, the right to view ....) would be harmed or results from non-compliance with laws and regulations in force, in connection with the use of the service wobook.
ARTICLE 8 : LIABILITY AND LIMITS
WOPEOPLE runs its service in accordance with the rules of the art. The object is the greater customer satisfaction. The company WOPEOPLE is only subject to an obligation of means.
Its responsibility cannot be committed or sought by the Customer if the latter has not respected all the above requirements, and / or did not wish to cooperate with the back office wobook.
In addition, the company WOPEOPLE can never be responsible for the lack of success of trade, advertising, promotional or implemented by the Customer based on the service wobook.
The company WOPEOPLE undertakes to use its best efforts to secure access to and use of documents sent on its server wobook.com by the Customer. However, given the risks to the Internet, these documents are not protected against the risks of diversion and / or piracy, which for the company WOPEOPLE cannot be held responsible.
The responsibility of WOPEOPLE cannot be engaged in case of failure under a force majeure, because of a third party action, or because of the Customer.
Website www.wobook.com is available 24 hours on 24, 7 days on 7, except in cases of force majeure or events beyond the company WOPEOPLE, including possible power outages, loss of Internet connectivity due to public and private events, even for maintenance interventions.
The maintenance interventions can be performed without the client notification beforehand.
In any event, if the responsibility of WOPEOPLE should be committed for whatever reason, the right to compensation for customers would be limited to the monthly amount of the provision corresponding to the subject of dispute.
ARTICLE 9 : TERMINATION
In case of failure by the Customer of any of these conditions, including sending on the server wobook.com a document contrary to the laws and regulations, WOPEOPLE reserves the right to delete the wobook Client and all associated wobook, and stop any broadcast of the wobooks without prejudice to the right to seek justice in the payment of damages and interest to repair his entire injury.
ARTICLE 10 : PERSONAL DATA
According to the Law "New Technologies and Freedoms" No. 78-17 of January 1978, as amended by Law No. 2004-801 of August 2004, the Customer is informed that personal data or personal information collected on www.wobook.com are necessary to the use the service wobook.
This information is intended primarily to the company WOPEOPLE.
The client has a right of access, rectification and opposition and removal of these data may be exercised by contacting the company WOPEOPLE 16, place du General de Gaulle in LILLE (59800) – FRANCE
Customer agrees that the information it provides to society WOPEOPLE are complete, accurate and constantly updated. It can change in the "My Account".
Otherwise, the company WOPEOPLE reserves the right to close the Client's account.
WOPEOPLE the company may undertake commercial exploitation of such data, for example by placing the name and address of its customer list available to companies whose products or services might interest them.
However, the Customer may oppose any commercial use by stating in the space reserved for that purpose.
The company retains the WOPEOPLE Customer Privacy as long as is necessary for the purpose of treatment under these Conditions of Sale.
ARTICLE 11 : GENERAL PROVISIONS
12.1 Amendments and Waivers:
In absence of amicable solution, any dispute concerning the use of the service wobook will be under the exclusive competence of the Tribunal de Commerce de Lille – FRANCE -
12.4 Autonomy clauses of the contract:
If any provision of these Terms of sale were to be declared invalid or unenforceable under any law, regulation or following a court decision became final, it would be void and other provisions would remain in force.
12.5 Entire Agreement:
The cookies are essential for any use of the service wobook.
In its documents, the company may include WOPEOPLE Customer among its trade references, and any advertising, unless expressed by the Client.