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Terms of use

A version of those terms of use is  available in French.

Last Update on

30th of May 2016

The NAKARMAZ® services  available at the address www.nakarmaz.com, are edited by NAKARMAZ® (registered trademark) and hosted by the 1&1 Internet AG company, Baeurstr.48, 76153 Karlsruhe, in GERMANY.

NAKARMAZ® is :

  • an on-line publishing platform of literary, graphical and musical works;
  • a distribution platform on-line under licences known as "Traditional" and under NC* "Creative Commons" licence;
  • a distance selling platform of literary, graphical and musical works;
  • a distance selling platform for by-products (goodies, T-shirts...);
  • A representation and commercial distribution platform for professional partners in the fields of communication, design, printing and 3D (three dimensional) works;

NAKARMAZ® presents itself under an original platform under "traditional" licence and "Creative Commons" licence (CC hereafter), is not to provide where AUTHORS, who are selected by NAKARMAZ®,  adherents to these TERMS, can exercice their copyright while authorizing certain uses of their WORK, so their creations are shared while being reserved for certain defined rights to choose.
A right issued by the NC type of Creative Commons licence can be used on works to be shared :

  • NC : Means authorizing the on-line sharing while forbidding any commercial use, and any financial exploitation of the WORK. This licence, as a result, allows the secure and legal distribution of a work on the website www.nakarmaz.com, while aiming for ulterior process to become a "traditional" licence if the arrangement  conditions are reached and agreed by both parties.

Please read carefully the present TERMS OF USE : by using NAKARMAZ® and by becoming member of  NAKARMAZ®, you commit yourself to respect them. NAKARMAZ® can modify at any time those terms. Any modification will be updated and signaled in a visible way at the beginning of  this page.

Article 1. definitions

  • WORK : means strip, story-board, drawing boards, pages, graphisms, scenario, illustrated texts, photographs
    collages, montages, plastic art representation or in 3D, titles, lyrics and  musical arragements, and every support created by the AUTHOR whether he decides to share, with the consent of NAKARMAZ®, on the present website under the NC Creative Commons licence type determining the terms of use for the WORK.
  • AUTHOR : means the owner or agent of the copyright and/or neighbouring rights on the WORKS.
  • MEMBER : means the AUTHOR and more generally, a or all the USERS, whose inscription to the Services offered has been validated and confirmed by NAKARMAZ®.
  • TERMS OF USE : means the present conditions accepted by the AUTHOR and  the MEMBER while registering, including any future modification.
  • ILLEGAL CONTENT : content of any kind  (text, voice, image, graphic, emblem, flag, photograph...) which is likely to affect any rights of a third party
    (including individuals, legal persons, groups or community…) under the applicable law. Content will be also considered Illegal Content if it infringes on human rights and human dignity, rights of literary property, and any material that could constitute libel, a crime of incitement to racial hatred, an apologia for war crimes, crimes against persons, property, and the nation, defined and punished by the provisions of Books II, III and IV of the Penal Code and Articles L.335-1 and following, L.521-9 et seq, L.615-12 et seq, L.716-9 and following of the ICC.
  • NAKARMAZ® means a set of Services offered free of charges to MEMBERS and available on the website www.nakarmaz.com.
  • FREE DISTRIBUTION LICENCE : means the Creative Commons licence, described on the site:
    http://creativecommons.org and approved by Creative Commons, and recalled in the preamble.
  • USER : means any person using  NAKARMAZ® Services.
  • MY PROFILE : means the member's personal web page containing extensive information concerning the MEMBER which can be completed progressively.
  • SERVICES : means all the Services available to NAKARMAZ® USERS.

Article 2. Registration

2.1 Terms

A person who wants to access and use the services NAKARMAZ® offers,  can register and being identified as MEMBER.
By ticking the box <Terms Of Use>, you recognize being informed of the content of these TERMS and commit yourself to abide with them.
In order to be properly registered to NAKARMAZ®, you have to fill in all fields requested in the registration form. This registration gives you access to your profile and all the NAKARMAZ® Services.

2.2 Use of the identifier and the password

This ID and password are srictly private and must not under any circumstance be shared or disclosed to third parties. This ID and password allow you to access the services offered by NAKARMAZ® as well as your personal profile. The identification elements are the responsibility of each MEMBER who will use them in accordance with these TERMS OF USE . Each member warrants NAKARMAZ® against any wrongful use and/or source of harm to their items of identification, whatever fraudulent or not, from his part or the one of others. NAKARMAZ® states it has not the obligation nor the technical skills to check the people's identity registering for its services . NAKARMAZ® should not be held as responsible in case of impersonation of identification elements and/or one of its member's identity. Moreover, the MEMBER commits himself no to create or use other accounts rather than the one initially created and assigned whether for his own identity or a third party . If a MEMBER becomes aware or suspects a fraudulent use, he shall promptly notify NAKARMAZ® by email to : Cette adresse e-mail est protégée contre les robots spammeurs. Vous devez activer le JavaScript pour la visualiser..

Article 3. Use of the services

NAKARMAZ® provides access to several Services, while some can be reserved to MEMBERS only :

  • On-line reading of WORKS ;
  • Consultation of NAKARMAZ® MEMBERS profiles ;
  • meeting with other NAKARMAZ® MEMBERS ;
  • discussions on the forums ;
  • ability to give your opinion about the WORKS ;
  • possibility to become a partner thanks to our affiliation program, to obtain purchase vouchers to be used on the website, etc.

3.1 Technical information

The works are available on-line under three distinct formats :

  • read on pc/mac/laptop A format dedicated to PC/mac/laptops [wide screens] under the form of a "parallel-plane" book using double-spread page, readable using the Flash Player software distributed by Adobe Incorporated and which can be downloaded for free at the adress http://www.adobe.com/fr/products/flashplayer.
  • read on tablets/e-readers A format dedicated to tablets/e-readers [medium screens] under the form of a "page per page" readable book which does not necessarily require the Flash Player software, giving this format the interoperability on all devices of this kind, existing already as well as the ones to come in the future.
  • read on mobiles/wap phones/i-mode phones/smartphones A format dedicated to old generation cellphones (WAp, i-mode) and new generation ones (smartphones) [small screens] under the form of a "panel per panel" readable book which also does not necessarily require the Flash Player software, giving this format the interoperability on all devices of this kind, existing already as well as the ones to come in the future.

NAKARMAZ® cannot guarantee that the website will still operate continuously and without error, or that the access to the Services will be guaranteed, more particularly in the following cases :

  • misuse of the website due to inappropriate equipment ;
  • failures caused by your ISP ;
  • Internet jamming.

NAKARMAZ® may temporarily suspend the operation of the Services in order to improve them or to realize maintenance operations. If the situation allows, then NAKARMAZ® will do its best in order to inform you.

3.2 User's obligations

NAKARMAZ® is a distribution service of literary works, which offers you various Services including discussion forums. In order to use the NAKARMAZ® services, you have to accept the terms of use.
You cannot  NAKARMAZ® services if you don't accept the Terms of use. You accept the Terms of use : Either when you register by ticking the < Terms Of Use >, you recognize being informed of the content of these TERMS and commit yourself to abide with them; or by using the NAKARMAZ® services.

3.2.1 Use of the Works

Each WORK is available for the USERS under a "traditional" licence or NC Creative Commons type.
You commit yourself to abide with the the terms of these licences and more generally not to infringe to the intellectual property rights of the Authors. If a WORK seems to be an imitation or an obvious forgery of another work, being disposed by NAKARMAZ® or not, you engage yourself to warn NAKARMAZ® by mail to Cette adresse e-mail est protégée contre les robots spammeurs. Vous devez activer le JavaScript pour la visualiser..

3.2.2 Use of discussion forums

Generally speaking, you engage yourself to post moderate remarks and to behave in a loyal manner towards NAKARMAZ®, its partners, and all MEMBERS. You also engage yourself to respect the intellectual property rights of the WORKS and the content on the NAKARMAZ® website that you have access during the use of the Services. You accept that text, information, data, hypertext link, music, sound, photography, draw, video, message, tag or any other material transmitted in your Profile and/or during your exchanges on the forums or messaging are sent to other Members under your own responsibility.
On the forums and internal messaging Services of NAKARMAZ®, all subjects can be freely opened and discussed but the all exchanges are moderated. You engage yourself to have a moderate and respectful and more particularly :

  • not to post, say, mime, give or distribute in any form whatsoever, information that may affect, directly or indirectly, to any third party (physical person, legal person or group of persons) ;
  • not to issue, circulate or forward any speech, words and/or any content which is libellous, abusive, obscene, indecent, offensive, violent or inciting any form of violence (physical, verbal or mental), political, racist, sexist, homophobic or xenophobic and generally contrary to the laws ;
  • not to disseminate information and/or content of any kind concerning a personal Member or any third party without his/her express consent ;
  • not to post, transmit or relay any content either partially or fully, alone or in combination integrated with other content, in violation of intellectual property rights of their respective authors and/or legal beneficiaries and personality rights of any third party ;
  • not to post, transmit or relay information or content, nor the use of technologies that reduce, disrupt, reduce and/or prevent the normal flow of Services such as software, virus, repeated messages sending, etc.

You agree to notify NAKARMAZ® of the presence of any comment, message, content and/or hypertext link that does not correspond to the above requirements by email to Cette adresse e-mail est protégée contre les robots spammeurs. Vous devez activer le JavaScript pour la visualiser.. You have a right to access, modify, correct and delete data concerning you. You can at any time request that your contributions to the forum are deleted by sending an email to Cette adresse e-mail est protégée contre les robots spammeurs. Vous devez activer le JavaScript pour la visualiser..

3.3 Links and content

The content available to you may include hypertext links to other websites than the website NAKARMAZ® or to other Internet sources. NAKARMAZ® can not control all of these websites and therefore can not be held responsible as to the nature and/or use of the contents of these websites. If you wish to use the contents of these websites, you should be aware of their terms of use.

Article 4. Intellectual Property

NAKARMAZ®, with the exception of items relating to intellectual property of the WORKS, is the sole owner of the intellectual property rights relating to trademarks, patents, software, logos, graphics, animations and photographs contained on the website. They may not be reproduced without the express permission of NAKARMAZ® and/or its partners.
NAKARMAZ® grants you a license to use, strictly limited to accessing, downloading, printing, and reproduction on all media, and for your own private and personal use, within and during the term of your registration for the Services.

Article 5. Responsibility

In case of breach of any obligations hereunder, NAKARMAZ® may close your account without warning and block access to your profile. NAKARMAZ® may also initiate legal action against you. In case of a claim, suit or proceeding because of the actions of MEMBERS offending directly or indirectly to these Terms Of Use, NAKARMAZ® may turn against the MEMBER who is at the origin. You are informed and are agreeing that the information and content that you post will be available to other MEMBERS who may use under these Terms Of Use.
If you feel that the information and/or content have been disseminated in a manner inconsistent with the Terms and Conditions, you cannot blame NAKARMAZ® not to have committed prosecution against the MEMBER and/or any person who would be at the origin of it.

Article 6. Provisions related to AUTHORS

By adhering to these Terms, and through acceptance by NAKARMAZ® and the AUTHOR for a temporary use of the work licensed under a Creative Commons NC type, AUTHOR declares to freely share his/her WORK on the website and agrees to accept the following publication terms of his/her WORK:

6.1 Adding or removing boards

The AUTHOR has the ability to add or remove boards or any other part of his/her WORK when it sees fit insofar as it aims to improve the publication of his/her WORK, and by previously warning NAKARMAZ® of the reasons for the changes.

6.2 Comments and notation of the WORK by USERS

The AUTHOR is aware and agrees that by revealing his/her WORK, and putting it on the website www.nakarmaz.com, he/she is, because of the notoriety  that is aimed for, inviting the USERS to give their opinion about the WORK, to leave a comment and possibly a rating. This note (global note, scenario note, drawing note, colour note, etc.) is freely given by the USERS forming in their community the role of a Reading Committee fully independent, and responsible.
Thus, in no case shall the responsibility of NAKARMAZ® be sought by the AUTHOR or by anyone in case of dispute on the comments of USERS and their free notation. However, the AUTHOR remains free to report any abuse that NAKARMAZ® so that NAKARMAZ® makes every effort within the means at its disposal to stop the disorder if it is proved. The trouble will be deemed to exist if it falls to be Illegal content listed herein.

6.3 Transition to a "payable" licence type

The AUTHOR is aware that NAKARMAZ® is having meetings to decide on the transition of publishing WORKS from a Creative Commons NC type licence to a "payable" licence for digital publishing.
Also, the AUTHOR is informed that he has the possibility of contracting with preferential treatment with NAKARMAZ® as the distributor, for the publication of his/her digital WORK.
The contract to be signed then will comply with the provisions of Articles L.132-1 and following of ICC and will provide in exchange of royalties a copyright use for the entire world and for the duration of the literary and artistic property of the AUTHOR.

Article 7. Various

These terms of use are governed by French law. French courts alone shall have jurisdiction to hear the interpretation and enforcement of these terms.