Articles

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 :

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 :

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

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 : contact​@​nakarmaz.com.

Article 3. Use of the services

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

3.1 Technical information

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

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 :

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 contact​@​nakarmaz.com.

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 :

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 contact​@​nakarmaz.com. 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 contact​@​nakarmaz.com.

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.