GENERAL TERMS AND CONDITIONS OF USE AND GENERAL TERMS OF SALE

for the subscription of the paid services of the site

SUMMARY

1. DEFINITIONS

2. GENERAL CONDITIONS OF USE

   2.1 FORMATION OF THE CONTRACT

   2.2 USER QUALITY - CREATION OF A PERSONAL SPACE

   2.3 SERVICES

   2.4 ACCESS TO THE PLATFORM

3. GENERAL TERMS AND CONDITIONS OF SALE

   3.1 SCOPE OF APPLICATION - ENTIRETY

   3.2 CONTENT

   3.3 PRE-CONTRACTUAL INFORMATION

   3.4 THE ORDER

   3.5 DESCRIPTION OF THE PAID SERVICES OFFERED BY PANODYSSEY

      3.5.1 Support for creators

      3.5.2 Paid Access to Additional Content

      3.5.3 Services to Creators

   3.6 OPERATION OF THE USER ACCOUNT

   3.7 PRICE

   3.8 PAYMENT TERMS AND DEADLINES

      3.8.1 Support for creators

      3.8.2 Paid Access to Additional Content

      3.8.3 Services to Creators

      3.8.4 Non-collection of funds announced by the user

   3.9. PENALTIES FOR LATE PAYMENT

   3.10. RIGHT OF WITHDRAWAL OF THE NON-PROFESSIONAL USER

      3.10.1. Support from the Creators

      3.10.2. Paid Access to Additional Content

      3.10.3 Services to Creators

4. OBLIGATIONS AND RESPONSIBILITIES OF THE PARTIES

   4.1 OBLIGATIONS AND RESPONSIBILITIES OF PANODYSSEY

   4.2 OBLIGATIONS AND RESPONSIBILITIES OF THE USER

   4.3 USER GUARANTEES

5. PERSONAL DATA

6. INTELECTUAL PROPERTY

7. DURATION

8. TERMINATION

9. CONVENTION OF PROOF

10. MEDIATION

11. GENERAL PROVISIONS

STATES:

The Panodyssey platform is published by Panodyssey Holding Group, a simplified joint stock company registered with the Nanterre Trade and Companies Register under number 843 983 669 000 14, whose registered office is located at 10 rue Bapst in Asnières sur Seine (92 600) (hereinafter "Panodyssey").

The Panodyssey platform can be accessed via a web browser at www.panodyssey.com.

It enables its Users, depending on the role they choose, to create, distribute and consult editorial content that is accessible free of charge or for a fee; the language of the Content is freely chosen by the Creator/Contributor.

It acts as an intermediary between readers and authors.

Putting Content online and consulting it is free of charge; other optional services are offered for a fee (hereinafter "the Paid Services").

These general terms and conditions of use ("GCU"), subject to French law, are intended to govern the use of the Site. Access to and browsing on the Site and/or the creation of a Personal Space automatically implies express and unreserved acceptance of the Terms and Conditions of Use by the User of the Site.

If the User refuses to comply with any of the obligations and conditions contained in these Terms and Conditions of Use or any of the other Contractual Documents, the User is invited not to access the Site and not to use it.

Mere access by the User, whatever his role, to any of the pages of the Website therefore necessarily entails the conclusion of a Contract between him and the Company Panodyssey.

The general terms and conditions of sale described in article 3 below (hereinafter referred to as the "GTC") are intended to govern the subscription to the Paid Services available on the Website. Subscription to one or more of the Site's Paid Services automatically implies express and unreserved acceptance of the Terms and Conditions of Sale by the Site User.

1. DEFINITIONS

Words written with a capital letter, whether in the singular or plural, shall have the meaning given herein or at the place of their definition.

- Platform: refers to the digital platform published by Panodyssey, accessible via a web browser at www.panodyssey.com, which provides Users with the services corresponding to the role they have chosen.

- Personal Space: refers to the personal space that any User can create on the Platform to manage their membership and benefit from the services corresponding to the role they have chosen, and to which access is reserved for them.

- User: designates any user of the Platform regardless of his role, whether he is a User, a Contributor or a Creator, whether he has a Personal Space or not.

- Creator: means a User of the Platform with a Personal Space, whose purpose is to create and distribute Content through a Creative Room for Users, free of charge or in exchange for payment of a subscription to the Creative Room, and who may request Contributors to participate in the creation of his Content. To publish paid Content as a Creator, you must be 18 years of age or older.

- Content: refers to content created and distributed by a Creator through its Creative Room to Users, possibly after the intervention of Contributors on this content, free of charge or against payment of a subscription to the Creator's Creative Room. Content may also be distributed freely in certain sections of the Platform.

- Creative Room: refers to the personal space that any Creator may create on the Platform to create and distribute Content for Users and solicit Contributors to participate in the development of the Content. Access to the Content disseminated through a Creative Room may be, according to the Creator's choice, reserved to Users subscribed to this Creative Room in return for payment of the subscription fee or be freely accessible to all Users. A Creator may have several Creative Rooms.

- Contributor: means a User of the Platform with a Personal Space, who makes his or her specific skills available to the Creators and who is likely to contribute to the development of Creators' Content. In order to be able to monetise its participation in Contributor Content, the Contributor must be 18 years of age or older.

- User: means a User of the Platform who is intended to consult the Content. The User may have a Personal Space which allows him to subscribe to the Creative Rooms of his choice and to consult their Contents. The User may also consult the Content on the Platform, outside the Creative Room, without the need to have a Personal Space.

- Paid Services: refers to the services offered by the Site to Users in addition to the services offered free of charge, namely: Support from a Creator or a Contributor, Paid Access to additional Content and Services to Creators.

- Support from Creators or Contributors: Panodyssey offers Users the opportunity to financially support the Creators or Contributors by making a donation. Panodyssey provides the service of putting the User in contact with the Creator/Contributor, as well as the service of administrative and financial management of the donation.

- Paid access to additional Content: the User may take out a subscription allowing him/her to access the Content, the author of which reserves access only to subscribed Users.

- Services to Creators: Panodyssey offers additional Services to Creators, in the form of a monthly subscription, in order in particular to increase the volume of data that can be stored on the Platform and/or to optimise the Content publication process.

- User Account: the User Account enables the User to receive the sums due to him/her within the framework of Support from Creators or Contributors and Paid Access to additional Content; To benefit from a User Account, the User must create an Account on the Platform; the User Account indicates the total sums received through the Services offered by the Platform. When the minimum threshold is reached, the User may transfer these sums to his own bank account.

- Commission: remuneration due to Panodyssey for the intermediation service provided.

2. GENERAL CONDITIONS OF USE

2.1 FORMATION OF THE CONTRACT

Access to the Platform and use of the services provided by it implies full and unreserved acceptance of the GCU by the User.

Any use of the Platform and services by a User without a Personal Space implies full and unreserved acceptance of the GCU.

In addition, the GCU are systematically presented to all Users when creating their Personal Space on the Platform and are subject to validation by a check box.

Validation of the GCU by this device constitutes full and unreserved acceptance of the GCU by the User.

Panodyssey may modify the GCU at any time. In this case, any new version of the GCU is systematically presented to all Users and is subject to validation by the above system when they first log on to their Personal Space following the entry into force of the new version of the GCU.

Validation of the new version of the GCU constitutes full and unreserved acceptance thereof by the User.

2.2 USER QUALITY - CREATION OF A PERSONAL SPACE

The Panodyssey platform is reserved for Users aged 15 or over, unless expressly authorised by the holder of parental authority, whose identity will be proven by sending Panodyssey a copy of their identity document. The publication of paid content as a Creator, the monetised participation in content as a contributor and the subscription to Paid Services are reserved for Users aged 18 or over.

Any new User may create a Personal Space on the Platform, either by filling in the information requested and indicated as mandatory in the form presented to him or her, or by using any third-party identification device (for example, Google connect or 

Facebook connect) offered on the Platform, for the purposes of which he or she authorises Panodyssey to collect the necessary information provided by this device.

When creating this Personal Space, the User must provide his or her first and last name, his or her personal or business address and, where applicable, his or her billing address and intra-community VAT number; he or she must also specify whether he or she is a private individual or a professional. In addition, the Creator and the Contributor must specify their date of birth and provide a bank account number (RIB) as well as a valid identity document (identification data necessary for the transfer of funds to the Creator/Contributor).

The User undertakes to provide accurate, sincere, complete and up-to-date information and to keep it up to date.

The User must also provide a valid e-mail address and determine a personal password. The User must choose a password strong enough to prevent any unauthorised access to his Personal Space and is invited to consult the ANSSI recommendations available at this address: https://www.ssi.gouv.fr/guide/mot-de-passe.

The User then receives an e-mail at the address he has provided in order to validate this and activate the creation of his Personal Space. This e-mail also contains the T&Cs that he has accepted so that he can save them and refer to them at any time. The TOS in force are also accessible at any time on the Platform at the following address: https://panodyssey.com/privacy.

Prior to the publication of its first Content, the Creator must provide Panodyssey with a copy of a valid identity document (identity card or passport) for the purposes of verifying its identity and age. Panodyssey may block the publication of any paid Content from a Creator under the age of 18.

Similarly, prior to his first participation in Content, the Contributor must also provide Panodyssey with a copy of a valid identity document for the purposes of verifying his identity and age. This document will not be kept by Panodyssey and is only used to verify the User’s information. We only keep a copy of your document, if you are a creator or a contributor, for the required time in order to verify your identity. We then keep this copy in intermediate archives, with reinforced security measures, to allow us to prove the verification made, for the time of the applicable data limitation period. Panodyssey may block the monetisation of any participation of a Contributor under the age of 18 in any Content.

Panodyssey may also from time to time carry out checks on the identity and/or age of the Creators and Contributors. In this case, the Creator or Contributor undertakes to provide Panodyssey with a copy of a valid identity document.

The User is informed that Panodyssey reserves the right to suspend the Personal Space of a User whose registration procedures violate these GCU, under the conditions set out in article 8 hereof.

2.3 SERVICES

Panodyssey makes available to Users the services implemented by the Platform, the content of which varies according to the role chosen by the User after the creation of his Personal Space or modified subsequently.

The Creators may create Content using the tools available, search for and solicit the assistance of Contributors with particular skills and make available such Content through one or more Creative Rooms.

Contributors may offer their skills to the Creators, search for Creators interested in their skills and contribute to their Content using the tools available in the Creative Room of the Creators concerned.

Users may consult the freely accessible Content and, if they have a Personal Space, the Content made available via the Creative Rooms to which they have subscribed.

2.4 ACCESS TO THE PLATFORM

The User is informed and acknowledges that the services offered by Panodyssey are accessible remotely via a network open to the public, the internet network, over which Panodyssey has no control. The User is also warned of the technical hazards inherent to the Internet and the access interruptions that may result. Consequently, Panodyssey shall not be held liable for any unavailability or slowdown of the Solution due to the Internet. Panodyssey does not guarantee the continuous availability of the Solution.

For a better experience on the Platform, it is recommended to use the latest version of the following internet browsers: safari, chrome, firefox.

3. GENERAL CONDITIONS OF SALE

3.1 SCOPE OF APPLICATION - INTEGRAL

The present general conditions express the entirety of the obligations of the parties. They constitute the sole basis of the commercial relationship between the parties and, in this sense, the User is deemed to accept them without reservation.

The present general terms and conditions of sale prevail over any other document, and in particular over any general terms and conditions of purchase. They apply, without restriction or reservation, to all services rendered by the Provider to purchasers of the same category.

The Provider and the User agree that these general terms and conditions exclusively govern their relationship. The Provider reserves the right to punctually modify its general terms and conditions.

They are applicable as soon as they are published.

3.2 CONTENT

The purpose of these general terms and conditions is to define the rights and obligations of the parties in the context of the online sale of the Paid Services offered by Panodyssey to its Users.

The present general conditions only concern services provided in France for Users located on French territory. For any services carried out outside of France, or for a User located outside of France, it is to be indicated by the User in order to obtain a specific quotation.

The User declares that he has read and accepted these general terms and conditions of sale before his immediate purchase. In this respect, they are enforceable against him in accordance with the terms of article 1119 of the French “Code Civil”.

3.3 PRE-CONTRACTUAL INFORMATION

The User acknowledges having been informed in a readable and comprehensible manner when creating his Personal Space, prior to placing his order, of these general terms and conditions of sale and of all the information listed in article L. 221-5 of the French “Code la Consommation”.

3.4 THE ORDER

The User must have a Personal Space to benefit from the Paid Services.

The User places his/her order online by selecting on the Platform the Paid Services from which he/she wishes to benefit (Designer Support, Paid Access to Additional Content or Designer Services) and then following the order validation process.

The price of each Paid Service is explicitly announced on the Paid Service subscription page of the Website.

Any order implies acceptance of the prices and descriptions of the services offered.

The online supply of the User's bank details and the final validation of the order will constitute proof of the User's agreement and will be worth :

- payability of the sums due under the order form;

- signature and express acceptance of all operations carried out. 

After validation of the order, Panodyssey will send the User a confirmation email to the address indicated by the User when creating his/her Personal Space.

The sale will be considered final:

- after Panodyssey has sent the User the confirmation of acceptance of the order by e-mail;

- and after receipt by Panodyssey of the full price.

In the event that it is impossible to provide a Paid Service, the User will be informed of this by email; the cancellation of the order for this Paid Service and any reimbursement will then be made.

For any question relating to the follow-up of an order, the User must contact the Platform by email at the following address: info@panodyssey.com.

In the event of fraudulent use of bank details, the User is invited, as soon as such use is observed, to contact his or her bank and the Platform by e-mail at the following address: info@panodyssey.com.

3.5 DESCRIPTION OF PAID SERVICES OFFERED BY PANODYSSEY

The services governed by these general terms and conditions are the Paid Services offered on the Platform by Panodyssey to Users, namely :

- Support from the Creators,

- Paid access to additional Content,

- Services to Creators.

They are offered within the limits of the service provider's availability.

3.5.1. Support for Designers

Panodyssey offers Users the opportunity to financially support the Creators and Contributors by making a donation of a minimum of €1; this donation is purely liberal and does not give rise to any right to consideration.

Users are entirely free to decide on the amount and use of their donations.

By accepting the present GCU, the User declares that the funds used on the Platform do not come from illegal activity and undertakes not to use the Platform for any illegal or fraudulent activity, particularly money laundering.

Panodyssey provides the service of putting the User and the Creator/Contributor in contact with each other; Panodyssey also provides the service of administrative and financial management of the donation (implementation of online payment methods, collection of information related to the User Contributor, checks to prevent money laundering, receipt of funds in the name of and for the Creator's Personal Space, distribution and payment of the funds due to the Creator into its personal cantonment account).

In return for these services, the Creator/Contributor remunerates Panodyssey with 20% of the amount of the donation made by the User, excluding fees charged by the payment processing partner. Panodyssey does not receive commissions from the User; Panodyssey's remuneration is solely at the expense of the Creator/Contributor.

The Creator/Contributor expressly authorises Panodyssey to deduct its Commission, as defined above, from the amount of the donation received on its behalf, before distribution.

To this end, the Creator/Contributor expressly authorises Panodyssey to receive in its name and on its behalf the sums paid by the Users and to pay them back to it after deduction of its Commission (articles 1984 et seq. of the French “Code Civil”).

3.5.2. Paid access to additional Content

The Creator may decide to limit the Content available free of charge in its Creative Room.

In this case, it freely determines the subscription price, which is displayed on the subscription page of its Creative Room.

The User may take out a subscription allowing access to the Content, which the Creator reserves access only to subscribed Users, in return for payment of the price set by the Creator for access to such additional Content. The subscription can be done by clicking on the "Subscribe" button in the Creative Room.

After subscription and payment of the subscription price, the User has access to the Additional Content for a period of one month, calculated from date to date. At the end of each monthly period, the subscription is renewed for a period of one month at the price subscribed at the time of the first subscription (if the subscription price varies at the initiative of the Creator thereafter, the price of the renewed subscription does not vary until the subscription is terminated). The User may cancel his subscription at any time by clicking on the "unsubscribe" button on the Creative Room; the cancellation will take effect at the end of the ongoing month.

In return, the User shall pay the Platform the amount of the Subscription, as specified on the Designer's Creative Room; the Platform then credits, within thirty days at the end of the month, the amount of the Subscription charged for bank fees and the latter's Commission set at 20% of the amount of the Subscription, unless the Designer subscribes to an offer enabling him to benefit from a reduced rate of commission (see article 3.5.3 below), to the User's Account.

Panodyssey therefore acts as a commissioner agent within the meaning of Articles L.132-1 and L.132-2 of the French “Code de Commerce” and Articles 1984 to 2010 of the French “Code Civil” for the principal's rules governing relations between principal and commission agent.

Panodyssey offers to Creators the possibility to offer a "try&by" service to Users subscribing for the first time to their Creative Room, consisting for the Creator to offer Users the first monthly subscription period, calculated from date to date; at the end of this first monthly period, the subscription is renewed for a period of one month at the price in force when the first subscription was taken out, unless the User cancels the subscription.

3.5.3. Services to Creators

Panodyssey offers services to Creators, in the form of a monthly subscription, in order to increase the volume of data that can be stored on the Platform and to optimise the Content publication process in exchange for the payment of a monthly fee.

The Creator chooses freely and under its own responsibility the package he or she wishes to have.

After taking out this subscription and paying the price of the Subscription, the Creator has the Services included in the chosen subscription package for a period of one month or one year, calculated from date to date; At the end of the initial period, the subscription is renewed for the same duration; the User may terminate his subscription at any time by contacting the Creator on the Creative Room cancellation page; the cancellation will take effect at the end of the current period.

In return for these services, the Creator remunerates Panodyssey up to the price displayed on the Platform at the time of subscription.

3.6 OPERATION OF THE USER ACCOUNT

As soon as his Personal Space is created, the User has a User Account, on which he can receive the sums due to him within the framework of Support from Creators or Contributors and Paid Access to additional Content.

The User Account is not a bank account.

When a User makes a donation to a Creator or Contributor or subscribes to a Creative Room, the Platform credits the User Account of the Creator/Contributor in question, after deduction of the Platform Commission and financial expenses.

When the minimum 20€ threshold is reached, the User may decide by clicking on the button provided for this purpose to transfer the amounts credited to his User Account to his own bank account, the details of which he provided when creating his Personal Space.

If the Platform notices that a User has not logged on to his Personal Space and has not requested a transfer of the sums in his User Account to his own bank account for one year, calculated from date to date, the Platform will contact the User according to the following process:

- detection => sending of an alert email to the email referenced in the Personal Space

- detection + 2 weeks => sending of a reminder by email

- detection + 4 weeks => closure of the Personal Space, resulting in the closure of the User Account and sending a registered letter to the postal address provided by the User, specifying that the sums will be kept at the disposal of the User or his beneficiaries for one month and that, if the User or his beneficiaries do not take action to recover these sums by transfer, they will be lost and Panodyssey will be able to dispose of them as it sees fit.

After the closure of a User Account, if this User Account had a positive balance, the sums will be paid into a cantonment wallet specifically dedicated to this use, for one month, pending a possible request for transfer of the sums received from the User or his beneficiaries.

If the User or his assigns fail to make a request within one month of sending the registered letter, the User expressly authorises the Platform to dispose of the funds as it sees fit, in particular by allocating them, if it so wishes, in whole or in part, to actions for the development of cultural projects or to support young creators; the Platform remains the sole decision-maker for the allocation of these funds.

3.7 PRICE

The prices are firm and final; except in the case of express special conditions specific to the sale, the prices of the Paid Services are those displayed on the Platform on the day of the order.

Panodyssey reserves the right to modify its prices at any time but commits to apply the prices in force at the time of the order.

Prices are indicated in euros.

Prices take into account the VAT rate applicable on the day of the order and depend on the location of the customer.

Payment of the total price must be made at the time of the order.

As part of the payment for the products and services offered on the Platform, the Platform records financial data relating to the user's bank account or credit card.

3.7.1. Support from the Creators

The User freely determines the amount of the donation granted to the Creator/Contributor.

The Panodyssey Commission, borne by the Creator/Contributor, corresponds to 20% of the donation made by the User, excluding fees charged by the payment processing partner. 

3.7.2. Paid access to additional Content

The User commits to pay Panodyssey the monthly fee as specified on the Author's Creative Room in return for access to the Author's Content, as specified in article 3.5.2.

The monthly fee is payable in advance. Any contractual period which already began is due in full.

The amount of the fee is determined according to the rates set by the Author and displayed on the Creative Room on the day of the order.

In the event of renewal of the subscription, the subscription is renewed for a period of one month at the price subscribed to at the time of the first subscription, which remains unchanged until termination of the subscription.

The Creator remunerates Panodyssey 20% of the fee paid by the User, excluding fees charged by the payment processing partner, unless the Creator subscribes to an offer enabling it to benefit from a reduced rate of commission (see article 3.5.3 above).

3.7.3. Services to Creators

The User commits to pay Panodyssey the monthly or annual fee in return for the possibility of benefiting from the Services referred to in article 3.5.3.

The monthly or annual fee is payable in arrears. Any contractual period which began is due in full.

The amount of the fee is determined on the basis of Panodyssey's rates in force on the day of the order, which depends on the offer selected.

In case of renewal of the subscription, the subscription is renewed for the same period as the initial period at the price subscribed at the time of the first subscription, which remains unchanged until the subscription is cancelled.

3.8 PAYMENT TERMS AND DEADLINES 

3.8.1. Support for the Creators

Panodyssey issues and sends the Creator the invoice for its services at the end of the month.

The price of the service is invoiced in euros excluding taxes and is increased by the taxes applicable at the rates in force at the date of invoicing.

The billing address is the address provided by the Creator/Contributor when creating its Personal Space.

Invoices are paid by deduction of the Commission due to Panodyssey from the amount of the donation paid by the User and due to the Creator.

3.8.2. Paid access to additional Content

Panodyssey invoices the fee to the User when it is due, at the beginning of the month.

The fees are invoiced in euros exclusive of tax and are increased by the applicable taxes at the rate in force at the date of invoicing.

The billing address is the address provided by the User when creating his Personal Space.

Invoices are payable upon receipt.

The Commission charged to the User is paid by deduction from the subscription amount paid by the User and accruing to the Creator.

3.8.3. Services to Creators

Panodyssey invoices the User for the fee when it is due, at the beginning of the month.

Any services requested by the User that are not included in the subscription defined in articles 3.5.2 and 3.5.3 will be invoiced separately.

Fees are invoiced in euros excluding taxes and are increased by the applicable taxes at the rate in force on the date of invoicing.

The billing address is the address provided by the User when creating his Personal Space.

Invoices are due for payment upon receipt.

3.8.4. Non-collection of funds announced by the User

In all cases where Panodyssey does not collect or has to return the funds paid by a User (Designer Support or Creative Room Subscription), for whatever reason (in particular cases of payment fraud), exercise of its right of withdrawal by the User, for example), Panodyssey is entitled, after having informed by email the Creator/Contributor to whom these funds were to be transferred, to debit the User's Account with the corresponding sum, previously credited to this User Account.

3.9. PENALTIES FOR LATE PAYMENT

In the event of non-payment of an invoice on the due date, the Customer shall be liable, ipso jure and without notice of default, for late payment penalties at an interest rate equal to three (3) times the legal interest rate.

In addition, Panodyssey can suspend the Services due in return for the subscription until the User has paid the amount due.

The User shall also be liable to pay a fixed indemnity of forty (40) euros and all expenses reasonably incurred by Panodyssey to recover the due amount. These expenses relate in particular to legal and judicial costs as well as collection costs.

3.10. RIGHT OF WITHDRAWAL OF THE NON PROFESSIONAL USER 

3.10.1. Support from the Creators

As the sums paid by the User to financially support a Creator have no consideration, either in goods or services, the User does not benefit from the provisions of the French “Code de la Consommation” relating to the right of withdrawal.

3.10.2. Paid access to additional Content

The Non-Professional User, as well as the Professional User not acting within the framework and for the needs of his/her profession, have, in accordance with the provisions of the French “Code de la Consommation”, a period of fourteen (14) days from the date of conclusion of the contract (the date of receipt of the email confirming the order as provided for in article 3.4 hereof), to exercise his/her right of withdrawal by informing Panodyssey of their decision to withdraw.

The right of withdrawal can be exercised online, using the withdrawal form available on the Site. In this case, an acknowledgement of receipt on a durable medium will be immediately communicated to the User. Any other method of declaration of withdrawal is accepted. It must be unambiguous and express the wish to retract.

In the event of exercising the right of retraction within the above-mentioned period, the price of the Paid Service purchased shall be reimbursed to the User within fourteen (14) days from the date of retraction.

In the case of digital content not presented on a physical medium, the User may expressly waive his right of withdrawal in order to be able to benefit immediately from the services purchased. In this case, Panodyssey sends the User confirmation of its express agreement to access the services and to waive the right of withdrawal per email before the expiration of the withdrawal period.

Professional Users acting within the framework and for the needs of their profession do not benefit from the provisions of this article.

3.10.3 Services to Creators

The Non-Professional User, as well as the Professional User not acting within the framework and for the needs of his/her profession, have, in accordance with the provisions of the Consumer Code, a period of fourteen (14) days from the date of conclusion of the contract (the date of receipt of the email confirming the order as provided for in article 3.4 hereof), to exercise his/her right of withdrawal by informing Panodyssey of their decision to withdraw.

The right of withdrawal may be exercised online, using the withdrawal form available on the Site. In this case, an acknowledgement of receipt on a durable medium will be immediately communicated to the User. Any other method of declaration of withdrawal is accepted. It must be unambiguous and express the wish to retract.

In the event of exercising the right of retraction within the above-mentioned period, the price of the Paid Service purchased shall be reimbursed to the User within fourteen (14) days from the date of retraction.

The User may expressly request that the service begins before the expiry of the withdrawal period. In this case, Panodyssey will send the User confirmation of its express agreement to access the services immediately before the expiry of the withdrawal period by e-mail, even though the withdrawal period is still running. If the User withdraws within the fourteen-day period, the price of the Paid-for Service purchased will be refunded, less "an amount corresponding to the service provided up to the communication of the User's decision to withdraw, proportionate to the total price of the service agreed in the contract", unless the service has been fully provided before the right of withdrawal is exercised.

The Professional User acting within the framework and for the needs of his profession does not benefit from the provisions of this article.

4.OBLIGATIONS AND RESPONSIBILITIES OF THE PARTIES

4.1 OBLIGATIONS AND RESPONSIBILITIES OF PANODYSSEY

Panodyssey commits to provide the services defined in articles 2.3 and 3.5 with the utmost care and in accordance with the state of art in the field of information technology.

Its commitments constitute an obligation of means at the end of which the services will be performed in strict compliance with the professional rules in use and, where applicable, in accordance with the conditions of the contract.

The liability of Panodyssey for any failure, negligence or fault occurring in relation with the execution of the services can only be engaged in the event of proven fault or negligence and is limited to foreseeable direct damage to the exclusion of any indirect damage of any nature.

Consequently, Panodyssey cannot be held responsible for indirect or unforeseeable damage. By express agreement, are considered as such within the meaning of this clause, the losses of markets, the losses of customers, the losses of turnover or profits, the loss of earnings, the increases in costs or expenses as well as the financial consequences of the actions possibly brought by third parties against the User.

Panodyssey will not be held responsible for damages suffered by the User or third parties on the occasion of the use of the Platform when these damages have been caused:

- by a User’s doing, in particular in the event of use of the Platform or the services proposed by Panodyssey not in conformity with their destinations or with the applicable laws and regulations;


- by a third party’s doing, in particular in the event of unauthorized use or intervention on the Platform or in the event of the commission of an infringement against the Platform;


- or by any event beyond Panodyssey's reasonable anticipation and control, in particular a failure of the host, the electronic communication networks or the electricity supply.


In any case, in the event that Panodyssey's responsibility is retained, its guarantee is limited to the amount excluding VAT paid by the User for the supply of the services (the commission accruing to Panodyssey in the case of the Support of the Creators and the additional Paid Access to Contents, the price of the subscription in the case of the Services to the Creators).

In addition, the User is informed and acknowledges that Panodyssey has no control over the Internet network through which the Platform is accessible, so that it cannot be held liable for any damage caused by such a network. The User is also informed that, in the current state of the art, no security measure makes it possible to exclude all risks of loss, alteration, detour or interception of the data circulating on such a network, nor all risks of intrusion on any infrastructure connected to such a network and infringement of the integrity, confidentiality and more generally the security of the data hosted on it. Under these conditions, Panodyssey does not guarantee the absence of attack on the integrity, the confidentiality and more broadly the security of the User's Data.

4.2 OBLIGATIONS AND RESPONSIBILITIES OF THE USER

The Creator and the Contributor agree to use their real identity for the creation of their Personal Space on the Platform. The Creator and the Contributor guarantee that their identity and the other data provided are true, up-to-date and complete.

The User is solely responsible for the use, preservation and confidentiality of his email address and password and relieves Panodyssey from any responsibility in this respect. Any access to the Personal Space of a User using his email address and password and any activity on the Platform from this Personal Space is deemed to be made by the User. In the event of unauthorised use of the User's email address or password, the User may contact Panodyssey at info@panodyssey.com to allow the User to create a new password.

The User is solely responsible for his actions on the Platform and particularly for the creation or diffusion of Content and relieves Panodyssey from any responsibility in this respect.

The User is informed that his or her civil or criminal liability may be engaged by another User, Panodyssey or a third party, as a consequence of his actions on the Platform, in particular as a result of his or her Content.

As a result, the User commits to ensure that its actions and its Content do not infringe applicable laws and regulations, the rights of third parties or of Panodyssey and do not cause prejudice to third parties or to Panodyssey. In particular, the User commits that its Content does not infringe intellectual property rights, privacy, personality attributes or the honor and consideration of third parties. The User also commits to ensure that its Content is not pornographic in nature and is not contrary to public order and morality.

Panodyssey has no control over the actions or Content of Users on the Platform and is therefore responsible only for the elements of the Platform that it publishes itself.

However, Panodyssey reserves itself the right to suspend or delete, without justification and without informing the User concerned, any Content that is reported or of which it has knowledge and which is manifestly illicit, infringes the rights of third parties or is prejudicial to a third party. Any User may report any such Content to Panodyssey at info@panodyssey.com. Panodyssey undertakes to react within 24 hours of the notification by deleting the Content and the User concerned.

A rightful owner, User or third party, who believes his or her intellectual property rights have been infringed by Content published on the Platform by another User, may notify the alleged infringement using the copyright infringement notification form.

4.3 USER WARRANTIES

The User guarantees to Panodyssey that he or she is the holder of the copyright necessary for the concession of the rights hereafter in favour of Panodyssey and for the aforementioned diffusion of the Contents, that this concession and this diffusion does not contravene any commitment made by the User and that the Contents do not contain any element likely to infringe the intellectual property rights of third parties and more generally the rights of third parties.

The User will compensate Panodyssey for all damages, non-repayable costs and expenses to which it could be sentenced by an enforceable court decision or which would be put at its charge by virtue of a transaction, resulting from a request or an action of a third party motivated by the fact that all or part of the Contents would constitute an infringement of its rights and/or would cause it prejudice. The user will also compensate Panodyssey for all costs and expenses incurred by Panodyssey in connection with such a request or action.

5. PERSONAL DATA

Panodyssey collects the personal data provided by the User during the creation of his Personal Space.

Panodyssey collects this personal data to manage the contractual relationship with the User, in particular to ensure the execution of the contract concluded with the User, to manage the User's Personal Space and activity on the Platform, to provide services and and to communicate with him in connection with the provision of these services, to inform him of the evolution of these services and of similar services that Panodyssey may develop, and to invoice the Platform's paid services, and monitor the payment of its invoices. This processing is thus based on the fact that the User's personal data is necessary for the execution of the contract concluded with him. The processing of the User's e-mail address is also based on the legitimate interest of Panodyssey to send him prospecting messages on its similar services.

Panodyssey also collects a copy of an identity document concerning the Creator or the Contributor in order to validate his/her identity and age, to manage the contractual relationship with him/her, in particular to ensure the validity and proper execution of the contract concluded with him/her. This processing is also based on the fact that these personal data are necessary for the execution of the contract concluded with him.

Panodyssey collects the personal data provided by the User during a financial transaction, in order to allow payment for the Paid Services purchased by the User. This processing is based on the fact that these personal data are necessary for the execution of the contract concluded with the User.

The personal data of the User are intended solely for the corporate officers and employees of Panodyssey in charge of these tasks and can indirectly and punctually be accessible to the employees of Panodyssey in charge of the administration and maintenance of the Platform and its operating environment. They are transmitted on the servers of the Platform's hosting service provider, OVH, and may be transmitted to other Panodyssey contractors who may be involved in the above tasks.

The data is stored on the servers of the Platform's hosting service provider, the company OVH, which are located in metropolitan France.

When the user uses payment services, for the implementation of these services, the Platform is in contact with third party banking and financial companies with which it has concluded contracts. The references and GCU of the service providers are available on the website www.panodyssey.com.

The corporate officers and employees of Panodyssey who have access to the User's personal data are bound by a confidentiality agreement by virtue of which they undertake to preserve its confidentiality. Moreover, access to the User's personal data is reserved to these corporate officers and employees who are the only ones who have identifiers allowing them to access it.

Data flows with the Platform use the secure https protocol. The Platform's database is also backed up locally and on a "block storage", replicated on a second "block storage".

Panodyssey retains this personal data for a period of three (3) years from the end of the contract with the User. Panodyssey then keeps in intermediate archives, in pseudonymous form, the personal data necessary to exercise a right and to prove this right, for the duration of the applicable limitation periods, or by virtue of the legal obligations to which it is subject.

Panodyssey retains the copy of the identity document in its current state only for the time necessary for the verification of identity. It is deleted once the identity verification has been carried out.

In accordance with the legislation applicable in France to the protection of personal data, i.e. the law of 6 January 1978 relating to information technology, files and liberties as amended by subsequent laws and the Regulation of 27 April 2016 relating to the protection of individuals with regard to the processing of personal data and the free movement of such data (hereinafter the "Applicable Legislation"), any User may, within the limits and conditions of the Applicable Legislation :

- obtain communication and, where appropriate, correction or deletion of personal data concerning him/her;

- obtain a limitation on the processing of their personal data;

- oppose the processing of his personal data;

- obtain a copy of your personal data in a structured and common format for transmission to another data controller;

- to inform Panodyssey of its specific instructions on the fate of its personal data in the event of death; failing this, its heirs will be able to assert their rights under the applicable legislation, in accordance with the terms set out below.

Any User may exercise any of these rights by providing proof of identity and by contacting Panodyssey at the following address: Panodyssey Holding Group, Service Usager Panodyssey, 10, rue Bapst, 92600 Asnières-sur-Seine.

The expenses related to the exercise of these rights will be invoiced by Panodyssey in the event of unjustified or excessive request. In any case, the cost of carrying out an extraction or a copy of the personal data will be invoiced by Panodyssey.

Any User can also have access and rectify certain personal data directly in his Personal Space.

In addition, Panodyssey may suspend or close any Personal Space or terminate the contract, ipso jure and without legal formalities, in the event that it no longer has the personal data necessary for its execution as a result of the exercise of any of the above rights.

Any User also has the right to file a claim with the CNIL or any other competent supervisory authority in the event of a dispute concerning the above-mentioned processing of his personal data.

6. INTELLECTUAL PROPERTY

Panodyssey is the owner of all intellectual property rights on the Platform and all the elements which compose it, with the exception of the Contents.

The User does not acquire any right on the Platform and its constitutive elements. 

The User is solely authorized to use the Platform and its services for the duration of the Contract.

Any other act on the Platform and its contitutive elements is prohibited. In particular, any reproduction, representation, distribution, use, reverse engineering or attempt to reverse engineer the Platform or its constitutive elements is also prohibited. The same applies to the modification or attempt to modify the Platform or its constitutive elements, including to correct the errors, since Panodyssey reserves itself this faculty.

Any Creator is the owner of the copyrights on the Contents he creates. Any Creator grants to Panodyssey the right to reproduce and diffuse its Contents, on a purely free or expensive basis, on the Platform, on the social networks used by Panodyssey (Instagram, Twitter, Linkedin, Pinterest, Medium, Facebook etc.) and in the newsletters of Panodyssey, for the purposes of diffusion of the Contents and for the purposes of communication on the Platform and Panodyssey, for the duration of the contract and for the entire world. Any Creator also grants other Users the right to access, display, record and reproduce its Content for their personal use; Users, on the other hand, refrain from making the Content available to others. Panodyssey is relieved from any responsibility in this respect.

All Contributors acknowledge that their contributions to the Contents of a Creator are in principle not protected by copyright. Otherwise, each Contributor transfers to the Creator, free of charge or in consideration of the percentage agreed with the Creator on the revenues from the use of the Content to which he has contributed, all of his possible copyrights on his contributions to the Contents of this Creator, in particular the right of reproduction, the right of representation and the right of use, on all supports, by all media and all electronic communication networks, known or unknown to date, for the duration of the protection conferred by the copyright and for the entire world. Any Contributor also grants other Users the right to access, display, record and reproduce communications for their personal use. However, Users shall refrain from making the Content available to others. Panodyssey is relieved from any responsibility in this respect.

7. DURATION

The contract between the User holder of a Personal Space and Panodyssey comes into force on the date of creation of the Personal Space for the duration of its existence.

8. TERMINATION

The User can close his Personal Space at any time, which entails the termination of the contract with Panodyssey, by right and without legal formalities. In the event of inactivity of a User's Personal Space for more than thirteen (13) months, Panodyssey proceeds with the closure of the Personal Space, which will also result in the termination of the contract with the User, ipso jure and without legal formalities.

In the event of failure by the User to comply with an obligation provided for herein, Panodyssey may suspend its Personal Space, and therefore its use of the services, pending the regularization of the situation by the User.

In the event of a breach of the above which persists after thirty (30) days following a formal legal notice to remedy the breach under this resolutory clause, Panodyssey may close the User's Personal Space and terminate the contract by operation of law and without legal formalities. When the breach is not likely to be remedied, Panodyssey may close the User's Personal Space and terminate the contract as of right and without legal formalities, by giving fifteen (15) days' notice.

9. Convention of proof

All data and computer or digital files recorded in the Platform and its operating environment at the time of the contract’s execution will be considered as proof between the User and Panodyssey to prove the facts to which they relate (in particular proof of communications, orders and payments between the parties). 

The archiving of purchase orders and invoices is carried out on a reliable and sustainable support that can be extracted as proof. 

10. MEDIATION 

The User consumer, within the meaning of the provisions of consumer law, may have recourse to conventional mediation, in particular with the “Commission de la médiation de la consommation” (Consumer Mediation Commission) or with existing sectoral mediation bodies, or to any alternative dispute resolution method (for instance, conciliation) in the event of a dispute. 

11. GENERAL PROVISIONS 

Any tolerance or renunciation by a party in the application of all or part of the provisions of the contract, with no consideration as to frequency and duration, shall not be deemed to constitute a modification of the contract, nor shall it be liable to create any right whatsoever and shall not be interpreted as a renunciation on its part to subsequently invoke the provisions concerned. 

In the event that any provision of the contract is considered void, invalid or unenforceable, by a law, regulation or court decision that has become final, it will be deemed unwritten and the other provisions of the contract will keep their full force and scope. 

The contract is subject to French law.

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