Applicable on 20 03 2014
Last update on 20 03 2014
These General Terms and Conditions of Use ( hereinafter “ Terms “ ) determine the rules to access to the application SEQUENCITY ( hereinafter “ the Application “ ), the services and the related products on the device iPad and under the operating system iOS of the company Apple ( hereinafter “ Apple ” ) for any person ( hereinafter “ the User ” ) who has the full legal capacity to register and make a purchase using a personal valid credit card or any means of payment accepted by the service of Apple iTunes and enables the download of applications on the platform of App Store.
The Application is a software that allows the User to purchase, download and read the works in digital form ( hereinafter “ Digital Files ” or “ Digital File ” singularly ) upon full and prior payment of sales price.
The User can access to the Application by downloading it for free from App Store on the User’s iPad or by synchronizing the User’s iPad from a computer through Apple’s iTunes service.
The present Terms are concluded between the User and the company Actialuna ( hereinafter “ Actialuna “ ), the publisher of the Application.
Actialuna is the only party who reserves the right to modify at any time these Terms, in accordance with the development of services and/or of products offered on the Application. The User is invited to consult the modifications regularly to keep informed of the latest versions of the Terms.
The use of the Application and the execution of any purchase through the Application imply acceptance by the User without reservation Terms in force at the date of the execution of the purchase. No waiver of these Terms may be invoked to Actialuna.
The User is authorized to carry out three (3) paid or free downloads of Digital Files without having created a user account on the Application (hereinafter “ User Account ” ). Beyond these three (3) downloads, in order to make new downloads, the User must create a User Account for free by accepting without reservation these Terms.
Creating a User Account implies that the user chooses an identifier in the form of e-mail address (necessarily valid) as well as a confidential password, to access the User’s User Account and place order on the Application.
At the time of the creation of User Account, the User must provide the information requested on the online form for the purpose. The User undertakes to provide accurate and sincere information about the User’s situation and proceeds before any new purchase the check of data concerning the User, if necessary, carrying out the modifications.
The User acknowledges that the provision of any incorrect, incomplete or misleading information may incur liability, both with regard to Actialuna and to the third parties and lead to the suspension or cancellation of the User’s registration with immediate effect without any right to any indemnity of any kind.
Actialuna also reserves the discretion to refuse or invalidate a posteriori, as of right, without notice and without compensation, the registration of a User whose registered information is inaccurate or not respecting these Terms.
The information about the identifier provided at registration is personal, confidential and non-transferable. The User is solely responsible for the confidentiality of the identifier and password needed to connect to the User Account. The User must take all appropriate measures to avoid third parties’ knowing about such information. Actialuna, in any case, is not responsible for fraudulent or improper use of personal identification data.
Purchase and Restoration
Any purchase that the User has been identified by the identifier and valid password and any of the three purchases carried out thanks to the User’s identifier of iTunes without creating the User Account in the Application are taken into account by Actialuna. Thereby, the User takes on said purchases unless the User is able to demonstrate that the erroneous login results from a failure of Actialuna.
Download of Digital Files in the Application is made through Apple’s InApp system and according to the procedure of purchase of App Store.
Validation by the user of the purchase is made through the confirmation of the User’s identifier of iTunes and the same is applied before and after the creation of the User Account. Confirmation of the order by the User implies full acceptance of the Terms, in recognition of having perfect knowledge and waiver of its own conditions of purchase or other conditions.
The system of Apple’s iTunes will communicate the confirmation of the registered purchase directly to the User in the form of e-mail sent to the address provided by the User upon registration at iTunes.
Pricing and Payment
Digital Files available on the Application are for sale on the store of SEQUENCITY ( “Bookstore” area ) for permeant access within the bookshelf of the User ( “My Books” area ) and related to the User’s User Account.
The extract of Digital File is also available in streaming, namely through continuous flow of data and without being downloaded in the memory of iPad.
The line-up of Digital Files and the prices are valid as long as they are visible on the Application and under the conditions of availability provided at the time of the execution of purchase by the User.
Prices shown on the Application are inclusive of all taxes and VAT at the date of the purchase. Unless otherwise indicated, no delivery costs are applicable.
Costs of communication and iPad related to the use of the Application are charged solely to the User.
The sale of Digital Files on the Application is reserved for the User. Resale and distribution of such downloaded Digital Files is strictly prohibited. The terms and conditions of purchase of Digital Files are established in strict compliance with the French Lang Low 81-766 of 10 August 1981.
Right of retraction
The Use is informed that, insofar as the services of the Application shall be made available immediately after the intervention of the settlement, in accordance with the French Article L.121-20-2 1 and 4 of the Code of consumption, the User can not benefit from any right of retraction in respect of the provision of services.
The User can not exercise his or her right of retraction when the delivery of Digital Files have begun.All the selling is definitive.
Availability of services
The Application is normally accessible by the User 24 hours a day, 7 days a week and throughout the year except in cases of force majeure and maintenance.
Actialuna, however, reserves the right, in case of necessity without notice or compensation, to temporarily close the access to the services without liable for damages of any kind that may arise from such an event.
These temporary interruptions of services will be notified to the extent possible to the User 24 (twenty four) hours before they occur, except where they are of an urgent nature.
Actialuna will make its best efforts to restore the access to services in the shortest possible time.
The User has the right to continuity of service of Digital Files which the User acquired, so the User can continue to access such downloaded Digital Files even if the conditions of business have evolved, particularly in the case of removing such Digital Files from the sale on the Application.
Assistance and Termination
To get assistance when the User has problems on downloading a Digital File or when the acquired Digital File is not available in the dedicated space of the User Account of the Application, the User may contact customer service SEQUENCITY on : email@example.com.
The User wishing to terminate the User Account must let Actialuna know by registered letter with an acknowledgement of receipt addressed to : Actialuna SAS, 231 rue Saint-Honoré, 75001 Paris France.
Actialuna agrees to disable the User Account within a maximum period of 48 (forth-eight) hours from the receipt of the registered letter on a business hour basis.
Under the law n ° 78-17 of 6 January 1978 relating to computers, files and freedoms, Actialuna offered a declaration to the Commission Nationale Informatique et Libertés (CNIL) dated 24 October 2013, registered under No. 1713809.
The personal data about the User is subject to automated handling. Such personal data is necessary for the management of the commercial relationship between the User and Actialuna (delivery, after-sale service …).
The User cannot create a User Account on SEQUENCITY if the User refuses to provide the requested information at this stage. If the User objects to the preservation of the related data at purchases when it is requested, Actialuna will be forced to disable the User’s account.
Actialuna undertakes not to disclose such data to third parties in the form of loan, exchange and/or sale of Digital Files and not to perform any processing of information, save for the strict necessity of its business and that of its partners within the strict framework of SEQUENCITY.
In addition, the User has the right of access, rectification and opposition that allows the User to correct, supplement or delete the personal data which is inaccurate, incomplete, outdated, misleading and/or if its collection, use, disclosure or storage is prohibited.
For that purpose, the User can simply make a written request to Actialuna SAS, 231 rue Saint-Honoré, 75001 Paris France.
The contents of Digital Files purchased on the Application, as well as all the elements distributed through the Application, be they software, visual or audio, are works of authorship within the meaning of literary and artistic property and are protected by law, by the provisions of the Code of Intellectual Property in France and foreign laws governing copyright and neighboring right, trademark right, design right and patent right.
Their use can only be performed in a personal, private and free context.
Said data, information and content can never be reproduced, modified, transmitted, distributed, translated, sold, exploited commercially or reused in any manner whatsoever without the express prior written consent of Actialuna.
Any violation of copyright constitutes a counterfeiting offense penalized in France by Article L.335-2 of the Intellectual Property Code and punishable by two years imprisonment and a € 150,000 fine.
In addition, company names, trademarks, domain names and logos appearing on the Application are the property of Actialuna and its partners. They are protected by industrial property and may not be used without their prior, express and written consent.
Protection of Digital Files
The Digital Files are, save for some exceptions, protected in their use by the mechanisms of DRM (Digital Rights Management). The objective of DRM is to offer the user maximum flexibility in the use of downloaded Digital Files while protecting the intellectual property of the authors.
The User undertakes not to evade or damage this method of controlling the use of Digital Files that the User has access to or, apart from this, any provision that pursues the same objective.
These protective mechanisms are governed by Law n° 2006-961 of 1 August 2006 relating to copyright and neighboring rights in the information society. Any attempt to circumvent these mechanisms is punishable under the same Law. More generally, any use outside the framework set out in these Terms would be treated in the same way as an Actialuna of counterfeit, which exposes the User to civil or penal legal prosecutions under the laws and regulations in effect.
Actialuna is bound only by an obligation of means in the context of its services concerning the Application.
Actialuna can not be held responsible for damages resulting from the use of the Internet such as, but this list is not limited to : loss of data, virus, intrusion, interruption of service, access speed, fraudulent use by the third parties of all the information made available by the User on the Application, or any other unintended problems, provided that the safety of the Application is a matter for the App Store platform of the company Apple and not a matter for Actialuna.
In some countries, current laws prohibit and/or restrict access to some works of authorship. The User agrees to check that under the law of the place of the purchase, there is no similar prohibitions or restrictions concerning purchased Digital Files.
Actialuna is not held liable in the event of purchase and use of illegal nature that the User makes of the downloaded Digital Files.
Thus, in the case where the responsibility of Actialuna was sought by a third party as the result of improper use of the Application and related services by the User, Actialuna would reserve the right to take action against such User.
In the case where the responsibility of Actialuna would be committed due to a breach of its obligations under the Terms, repairing would apply only to direct and personal damages and other certain cases with the express exclusion of repairing of all indirect and immaterial damages and/or losses.
The extent of Actialuna’s liability will also to be limited to the paid purchase price of the Digital Files that the User could not access after having required help of Actialuna.
Actialuna reserves the sole right to make to the services all the changes and improvements deemed necessary. Moreover, Actialuna reserves the right to finalize a servie or set of services without notice or compensation and will not be liable for damages of any kind that may arise as a result.
These Terms are subject to French law.
If any one of these Terms are declared invalid, such a clause will be void, and the invalidity will not affect the validity of the other clauses.
In case of a dispute, and after attempts have been made to seek an amicable solution, the competent court shall be the competent court of Paris (France), notwithstanding plurality of defendants or call in guarantee.
The Application is published by Actialuna SAS with a capital of € 45,655, registered on the Company and Trade Register of Paris, whose registered office is located at 231 rue Saint-Honoré, 75001 Paris (France).
SIRET : 520 830 357 0001 5
Intracommunity VAT n ° : FR48 520 830 357
The Publishing Director is Mr Samuel PETIT, President of Actialuna SAS
The website is hosted by the company OVH, located at 2 rue Kellerman, BP 80157, 59100 Roubaix (FRANCE).
All rights reserved © ACTIALUNA SAS.