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GENERAL TERMS OF USE

Preamble

Jocelyn Akwaba Matignon is a web platform, available at https://www.akwabamatignon.com/ (the "Site"). 

This Site is edited by Jocelyn Akwaba Matignon, an individual entrepreneur domiciled at 5 Rue Frébault, Pointe-à-Pitre, Guadeloupe. This entrepreneur is registered in the Trade and Companies Register of Pointe-à-Pitre under the identification number 443449426, (hereinafter "the Publisher"). Jocelyn Akwaba Matignon is accessible to users (the "User"). 

Jocelyn Akwaba Matignon is hosted by Wix Online Platform Limited, whose registered office is located at 1 Grant's Row, Dublin 2 D02HX96, Ireland. This host can be contacted at this email address: akwaba.matignon@gmail.com.

The purpose of these Terms and Conditions of Use (the "Terms" or taken as a whole, the "Agreement") is to define the terms and conditions governing the relationship between Users and Jocelyn Akwaba Matignon. In the event of non-compliance with the terms of these Terms, Jocelyn Akwaba Matignon reserves the right to take any action to preserve its interests and in particular to ensure its enforcement.

Access to and use of the site is subject to acceptance of and compliance with these Terms of Use.

The Publisher reserves the right to modify, at any time and without prior notice, the Site and services as well as these Terms of Use, in particular to adapt to the evolution of the Site by making available new features or deleting or modifying existing features. 
The User is therefore advised to refer to the latest version of the General Terms of Use available at any time on the Site before browsing. 

The present General Terms of Use apply, as necessary, to any variation or extension of the Site on existing or future social and/or community networks.


Article 1: Purpose of the Site

The Site allows the User to access the following services: Presentation of the artistic approach and the portfolio of the artist (the "Service(s)").

Jocelyn Akwaba Matignon, according to the present Conditions, grants to the Users a limited, revocable, non-exclusive, non-transferable right of access to the Services on a strictly personal basis. Any use of the platform contrary to its purpose is strictly prohibited and constitutes a breach of these provisions. 

Article 2: Access to the site

To be eligible for the Service, the User may be a natural or legal person.  

Jocelyn Akwaba Matignon reserves the right to suspend or refuse access to the Site to one or more Users. 

Article 3: Management of the site

The Editor implements the necessary technical solutions to allow continuous access to the site for the User. However, it reserves the right to limit or suspend access to all or part of the Site at any time, without notice. Such an interruption may be necessary for reasons of maintenance of the site or its content, or for any other reason deemed necessary for the proper functioning of the site by the Editor.

The use of the Platform requires a connection and an Internet browser. The Platform is accessible at the following address: https://www.akwabamatignon.com/. 

All hardware and software necessary to access the Platform and to use the Services remain the sole responsibility of the User. 

Article 4 : Contact

The user has the possibility to contact the Editor for any question or request for information concerning the Site, or any report of contents or illicit activities by email at akwaba.matignon@gmail.com.

Article 5 : Use of the platform's services
The Users are forbidden :

  1. transmitting, publishing, distributing, recording or destroying any material, in particular the contents of Jocelyn Akwaba Matignon, in violation of the laws or regulations in force concerning the collection, processing or transfer of personal information;

  2. to disseminate data, information, or content of a defamatory, insulting, obscene, offensive, violent or inciting to violence, or of a political, racist or xenophobic nature, and in general any content that would be contrary to the laws and regulations in force or to good morals;

  3. to reference or create links to any content or information available from the Jocelyn Akwaba Matignon websites, except with the express, prior and written consent of Jocelyn Akwaba Matignon;

  4. to use any information, content or data available on the site in order to offer a service considered competitive to Jocelyn Akwaba Matignon;

  5. sell, exchange or monetize information, content or data present on the platform or services offered by the platform, without the express written consent of Jocelyn Akwaba Matignon;

  6. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to obtain the source code in connection with any underlying intellectual property used to provide all or part of the Services; 

  7. use any manual or automated software or devices, robots or other means to access, crawl, retrieve or index any page of the Site;

  8. endanger or attempt to endanger the digital security of Jocelyn Akwaba Matignon. This includes attempts to monitor, scan or test the vulnerability of the system or network or to breach security or authentication measures without prior express authorization;

  9. Forge or use Jocelyn Akwaba Matignon's products, logos, trademarks or other intellectual property rights;

  10. to simulate the appearance or the functioning of the Site, for example by using a mirror effect;

  11. disrupt or disturb, directly or indirectly Jocelyn Akwaba Matignon, or impose a disproportionate load on the infrastructure of the Site, or attempt to transmit or activate computer viruses via or on the Site;

  12. It is reminded that violations of system or network security may lead to civil and criminal prosecution. Jocelyn Akwaba Matignon will verify the absence of such violations and may call upon legal authorities to prosecute, if necessary, users who have participated in such violations.

Users agree to use the Site in a fair manner, in accordance with its purpose and with the legal and regulatory provisions, the present Terms and Conditions and the practices in force. 

Article 6 : Intellectual property

The entire content of the Site, including designs, texts, graphics, images, videos, information, logos, button icons, software, audio files and others belongs to Jocelyn Akwaba Matignon, which is the sole owner of all intellectual property rights relating thereto. 

Any representation and/or reproduction and/or exploitation of the contents and services offered by Jocelyn Akwaba Matignon, by any means whatsoever, without the prior written consent of Jocelyn Akwaba Matignon, is strictly prohibited and may result in legal action.

Article 7: Personal data

All personal data held by Jocelyn Akwaba Matignon are collected legally and fairly according to the terms of the privacy policy available at this address: https://www.gaston.boutique/charte-donnees-personnelles. 

These data are provided by the Users who voluntarily and expressly accept the present Terms authorizing Jocelyn Akwaba Matignon to process, disclose or transfer these data to any third party in order to (i) allow the User to take full advantage of the Services and functions offered by the Site, (ii) prevent any fraud and/or (iii) for statistical purposes. 

Personal data is stored by Jocelyn Akwaba Matignon for processing in the context of the use of the Services. They are kept as long as necessary for the provision of the Services and functions offered by the Site. 

The user remains the owner of the information he/she sends to Jocelyn Akwaba Matignon. He has, in accordance with the law n° 78-17 of January 6, 1978 according to its consolidated version on March 24, 2020, a right of access, rectification and deletion of personal data concerning him, as well as the right to oppose the communication of these data to third parties for just reasons. 

The User may exercise these rights by writing to the following e-mail address: akwaba.matignon@gmail.com.

A reply to the User's request will be sent within 30 days.  

Article 8: Responsibility

It is reminded that the data published by the Users and the information shared by the latter can be captured and exploited by other Users or third parties. In this sense, Jocelyn Akwaba Matignon does not guarantee the respect of the property of these data, it is the responsibility of the User to take all necessary measures to preserve the property of his data. 

Jocelyn Akwaba Matignon does not guarantee the uninterrupted or error-free operation of the Services, in particular, Jocelyn Akwaba Matignon shall not be liable for any interruption of access to the Platform due to maintenance, updates or technical improvements. 

In any case, Jocelyn Akwaba Matignon shall not be liable for any indirect or consequential loss or damage to the User or any third party, including but not limited to lost profits, unfortunate investments, inaccurate or corrupted files or data, loss of image or business, loss of revenue or profit, loss of goodwill or loss of opportunity on any grounds whatsoever. 
In addition, Jocelyn Akwaba Matignon shall not be liable for any delay or non-performance of this Agreement due to force majeure, as defined by the jurisprudence of the French courts.   
 

Article 9: Agreement of proof

Computer systems and files are considered as proof in the relationship between Jocelyn Akwaba Matignon and the User. 

Thus, Jocelyn Akwaba Matignon may validly produce in any proceedings, for the purpose of proof, data, files, programs, recordings or other elements, received, issued or stored by means of the computer systems operated, on any digital or analog media, and take advantage of it, except for obvious errors. 

Article 10 : Indivisibility

The fact that any of the provisions of the Contract is or becomes illegal or unenforceable shall not affect in any way the validity or enforceability of the other provisions of the Contract.

Article 11: Dispute Resolution

The conclusion, interpretation and validity of this Agreement are governed by French law, regardless of the country of origin of the User or the country from which the User accesses Jocelyn Akwaba Matignon and notwithstanding the principles of conflict of laws. 

In the event that a dispute concerning the validity, execution or interpretation of this Agreement is brought before the civil courts, it will be submitted to the exclusive jurisdiction of the French courts to which jurisdiction is expressly granted, even in the case of summary proceedings or multiple defendants.

The User is informed that he can in any case resort to a conventional mediation or to any alternative mode of settlement of the disputes (conciliation for example) in case of dispute.

Article 12: Duration of the general conditions of use

The present general conditions of use are concluded for an indefinite duration, the User is held to respect them as from the beginning of his use of the Services.

The Publisher reserves the right to modify this document at any time and without notice. The users will be informed of each update of the document.