TERMS OF USE OF THE VECTORIEL SITE

The French version of the TERMS OF USE OF THE VECTORIEL SITE prevails over any other translation in case of dispute or disagreement.

VECTORIEL is a community website located at VECTORIEL.com and its territorial and generic extensions and VECTOTHEQUE.com and its territorial and generic extensions (the "Site"), which enables amateur or professional artists to provide digital files (EPS and JPEG) for downloading to a wide community of users, whether amateur or professional, for a compensation.

The present Terms of use govern your use of the Site.

This agreement also governs your access to the blogs and forums as well as to all services supplied by VECTORIEL on the Site.

Your using the Site implies that you know and agree with the terms and conditions of these Terms of use which constitute a contract between you and VECTORIEL.

In the event of any inconsistency between these Terms of Use and the Digital Files (EPS and JPEG) Supply Agreements or the Digital Files (EPS and JPEG) Users License Agreement, the terms and conditions of these Terms of Use shall govern.

VECTORIEL reserves the right, in its discretion, to change or modify at any time all or any part of these Terms of Use and of all contracts established with its members for the supply and purchase of digital files (EPS and JPEG). These changes or modifications will be effective immediately upon notice published on the Site and, as the case may be for the contracts passed with the Members, upon notification to the latter.

Your continued use of the Site after such publication and if it applies notification of changes constitutes your binding acceptance of all said modifications.

If you do not agree with the Terms of Use of this Site, you should cease to use it and should leave it.

You warrant that you are of sufficient legal age, under the law of your country of residence, to use the Site and to enter into a contract with VECTORIEL, and more generally you warrant that you have the right to enter into this contract.

You agree to be held responsible for all of your use of the Site. You accept to control all uses of the Site made (under your user name and password) by children under age according to the law of your country of residence.

Since the conjunction of your user name and your password strictly belongs to you, you agree to be held responsible for all uses of the Site made by third parties using said user name and password, except in case of fraudulent appropriation, of which you will have to give legal proof. 

If you are using the Site in the name of a legal entity, you represent and warrant that you have authority to bind this entity and accept that this legal entity be held responsible for all the uses of the Site by servants to whom you have given access to the user name and password.

1 - REGISTRATION

The public portion of the Site is freely accessible.

You know and accept that your effectively using this Site can be considered by VECTORIEL as warranting that you agree with these Terms of Use.

This gives you access to general information and to the consultation and search of digital files (EPS and JPEG) on the Site, using the tools made available to you.

You can also consult and post comments on the VECTORIEL blogs.

You can access the registration form that will enable you to become a Member and to access the membership portion of the Site, exclusively reserved for Members.

The membership portion enables Members (above and beyond the services available on the public portion of the Site) to supply and purchase digital files (EPS and JPEG) uploaded to or downloaded from the Site, after acceding either to the Digital Files (EPS and JPEG) Supply Agreement or to the Digital Files (EPS and JPEG) Users License agreement.

You can also access your personal Member account and post content on the VECTORIEL sites, blogs and forums and access the sites and blogs of Members who have authorized access.

In order to become a Member, you must complete all the required fields of the Registration Form.

You must indicate your surname, first name, your address and your e-mail address and if you are a legal entity and/or a professional, the format of the entity, the address and the surname and name of the responsible person, a telephone number, a registration number on official registers (in the case of France RCS, Chambre des Métiers, Agessa, Maison des Artistes, etc.), and your intra-community VAT number if your are a resident of the European Union (if liable).

VECTORIEL will respect the privacy of this personal information and will not disclose it to Members or third parties. Only your user name will appear on the Site.

As an exception, you authorize VECTORIEL to communicate your identity (surname, first name, address, legal name, registered office, email address) in case of a dispute raised by a third party (Buyer or not, natural person or legal entity, administrative or judicial authorities) concerning your digital files (EPS and JPEG) and especially if the claim concerns:

• The breach of a proprietary claim (copyright, trademark, design and model, appellation of origin, trade sign, trade name, sign of a country, a community, or a public agency, standards and labels, right of portrayal of a natural person or legal entity, a building or an object)

• The breach of a rule of law (public order, morality, abusive and/or libellous nature, child protection, discriminatory and/or racist nature, inducement to violence or to hatred, etc.)

In case we should have to communicate your identity, we commit to informing you within 24 hours at the email address given by you, except if we are forbidden to do so by the administrative or judiciary authority.

You allow VECTORIEL to communicate your email address to its partners.

To create a personal and unique Membership account you must select an available member name (“Username”) and password (“Password”).

In the event of an unauthorized and/or fraudulent use of your password, you must immediately select a new one in the section: My Profile – My Password of your personal Menu within the Site and inform us of the incident at the following address services@vectoriel.com.

You agree that VECTORIEL can consider the use of your Member’s account, your user name or your password as proof that you have personally visited the Site.

Once your registration has been validated, you can access the membership portion of the Site.

The validation of your registration is done at the sole discretion of VECTORIEL which can refuse any membership without justification.

When accessing the membership portion of the Site you can:

• Transfer digital files (EPS and JPEG) to VECTORIEL after accepting the Digital Files (EPS and JPEG) Supply Agreement and complying with the recording procedure for each of your digital files (EPS and JPEG) defining in particular the type of License for use you propose VECTORIEL grants the Purchasing Members.

• Acquire from VECTORIEL, the latter acting on behalf of the Supplying Member, Users Licenses for the digital files (EPS and JPEG) you have selected on the Site, after downloading enough credits called "VECTO" and accepting for each Digital Files (EPS and JPEG) Users License Agreement for each of the Licenses you have selected.

You acknowledge that to reproduce and more generally use, in any form whatsoever, including by inclusion into other graphic formats, the digital files (EPS and JPEG) which appear on the Site, without previously concluding at least a Digital Files (EPS and JPEG) Users License Agreement for each digital files (EPS and JPEG), constitutes an offence repressed by law.

The case is the same if you use the digital file (EPS and JPEG) for a use which is not authorized in the License Agreement.

More generally, you recognize and accept that the payment of a license for use only grants you a right which is limited by the terms and conditions of the license agreement and never gives you a property right on the digital file (EPS and JPEG), whose author, on behalf of whom VECTORIEL acts, remains the holder, whether the digital file (EPS and JPEG) is protected under a copyright or any other distinctive sign.

2 – YOUR MEMBERSHIP ACCOUNT

VECTORIEL has adopted a unit of account consisting of credits called VECTO.

By purchasing and downloading VECTOs, which are credited to your Member’s account, you can acquire Digital File (EPS and JPEG) Users Licenses which are supplied for the amount of VECTOs indicated on the Fee Schedule of VECTORIEL.

By accepting to download one or several digital files (EPS and JPEG), you authorize VECTORIEL to charge the corresponding number of VECTOs to your Member Account.

If the number of VECTOs credited to your account is not sufficient you cannot proceed to download the digital file (EPS and JPEG) before you credit your account with the necessary number of VECTOS.

VECTO credits can be purchased on line by download, per minimum quantity of ten VECTOs, from the section My Wallet – Credit of your personnel Menu of the Site, at the price specified at the time of your purchase. 

The validity of the VECTO credits purchased is two (2) years from their purchase date.

VECTORIEL will notify you one months before the date of expiry of your VECTOs about this two year deadline. Once the deadline has expired the VECTOs will be cancelled.

VECTOs are payable only with VISA, MasterCard, AMEX, PayPal or Skrill (MoneyBooker).

Upon presentation of credit card information the purchaser warrants that he/she is the cardholder and that the billing information provided is accurate.

By approving the purchase of the VECTO credits, you authorize VECTORIEL to charge the designated credit card, PayPal account, or Skrill (MoneyBooker) account, for the total amount of the purchase, including in particular the sales or similar taxes.

You will receive an email invoice representing a clearance certificate.

For each Digital Files (EPS and JPEG) Users License purchased by a Purchasing Member, the Member’s account of the Supplying Member will be credited with the appropriate number of VECTOs according to the terms and conditions of the Digital Files (EPS and JPEG) Supply Agreement.

You acknowledge and agree that VECTORIEL may cancel and/or withdraw without prior notice the VECTOs credited in case of rejection of your means of payment or in case of fraud or any other manoeuvre of the Buyer Member contrary to the proper operation of the Site.

As a Member can be both a Supplier and a Buyer, the Member Account includes two sub-accounts: a Supplier sub-account and a Buyer sub-account which can never be used to compensate each other.

You can never demand a refund for the credit remaining in the Buyer sub-account.

The balance of the Supplier sub-account will be settled regularly according to the terms and conditions of the Digital Files (EPS and JPEG) Supply Agreement.

VECTORIEL may, at its own discretion, credit your Member Account by offering you VECTOs called Gift VECTOs, with a validity of one year effective from the date when they are credited to your Member Account.

You can only use these Gift VECTO credits to purchase digital files (EPS and JPEG) Users Licenses.

3 – RULES OF CONDUCT

You acknowledge that the use of the Site for any purpose that is not permitted under this Agreement and more generally under all Agreements binding you to VECTORIEL or for any unlawful purpose or any purpose representing a breach of regulations or of the rights of third parties is strictly forbidden and that you will be held responsible for it.

By way of example, and not as a limitation, you agree that when supplying or purchasing a digital file (EPS and JPEG) license, consulting the Site, consulting or uploading content on the blogs or forums accessed on or through the Site, downloading content offered by VECTORIEL’s partners, or at any other time you shall not do any of the following:

• Breach the proprietary claims of third parties unless you have previously and validly received the necessary consents (copyright, trademark, design and model, appellation of origin, trade sign, trade name, sign of a country, a community, or a public agency, standards and labels, right of portrayal of a natural person or legal entity, a building or an object).

• Invade the privacy of a person.

• Infringe a rule of law: public order, obscenity, pornography or sexual nature, abuse and/or libel, child protection, discriminatory and/or racist nature, inducement to violence or to hatred, etc.

• Disclose information indicated as confidential or that can reasonably be deemed confidential.

• Upload or otherwise transfer files that contain viruses, corrupted files or any other similar software or programs that may damage or inhibit the operation of another computer.

• Delete or blank out any author attributions, legal notices, or proprietary designations or labels in any file that is uploaded.

• Falsify the origin or source of software or other material contained in a file that is uploaded.

You shall not use the Site directly or indirectly, for free or for compensation, to supply goods and services other than those that have been authorized by VECTORIEL.

You shall not use the Site to forward other contents or introduce, especially in the files, links to other sites, blogs, forums etc., including your own.

You also agree not to use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site.

You shall not attempt to gain unauthorized access to any other member accounts, including those of your own family members or members of your company, nor to the computer systems or networks associated with the Site.

You shall not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

You acknowledge that Forums are public and not private communications.

VECTORIEL cannot review all your digital files (EPS and JPEG) uploaded to the Site and more generally the content you introduce on the Site.

You therefore acknowledge that you are solely responsible for the violations of the rules of conduct of the Site and for the prejudice that may ensue for third parties, as well as for you and for VECTORIEL, and that VECTORIEL can in no way be held responsible.

You indemnify VECTORIEL and hold it harmless of any legal, judiciary, or monetary consequence, including legal fees and expenses or other cost which might ensue from said violations for VECTORIEL, its affiliates, its partners, its managers, its associates and employees.

As a consequence, notwithstanding the terms and conditions included in the Digital Files (EPS and JPEG) Supply Agreement, VECTORIEL reserves the right to delete or edit without prior notice any content whatsoever that it may determine, in its sole discretion, violates or may violate the rules of conduct applicable to the Site.

VECTORIEL can, after notification, deny any non-complying member access to the Site, either on a temporary or on a final basis, without complying with the thirty day notice mentioned in the Term article below.

In the latter case, VECTORIEL will proceed to close and cancel your Member account, your user name, and your password and will eliminate all your digital files (EPS and JPEG) and your other contents from the Site.

You acknowledge that VECTORIEL shall not be responsible for the content of other web sites accessible through the Site via a hypertext link or in any other way, such as blogs, blog comments or messages on the forums available on the Site.

You acknowledge that VECTORIEL shall not be responsible for the content present on other web sites offering hypertext links or other accesses leading to the Site.

VECTORIEL reserves the right, at its sole discretion, to change or discontinue at any time one or several services of the Site.

You acknowledge that VECTORIEL is not bound to maintaining the Site or any of its sections or features operational.

You acknowledge and accept that VECTORIEL can store personal and other information concerning you on your computer in the form of "cookies" whose use only concerns the operation of the Site.

You acknowledge that if that if you choose to decline or limit cookies on your computer, this prohibition or restriction may have consequences or your use of the Site.

You acknowledge that VECTORIEL can also store personal information concerning you on its computers in France or abroad.

By using the Site, you acknowledge that VECTORIEL can, without having to notify you, keep this information or reveal it if legally bound to do so or if there are serious reasons to believe that the conservation or revelation or this information is necessary to comply with a legal procedure, to enforce the rules of conduct of the Site, to handle the claims of third parties and more generally to protect the rights, property and safety of VECTORIEL, its users or the public.

If you believe that your rights have been violated please provide VECTORIEL with notice of such infringement using the Notice of Claim provided on the Site.

4 - TERM

The present terms of use are concluded for an indefinite term.

You may terminate this Agreement at any time by emailing VECTORIEL at delete@vectoriel.com, or by certified letter with thirty (30) days notice. 

If you are a Supplying Member, you must also comply with the specific conditions of article 9 of the Digital Files (EPS and JPEG) Supply Agreement.

VECTORIEL also retains the possibility of terminating the present agreement without having to justify this decision, upon thirty (30) day notice sent at the address you have provided.

At the end of this 30 day notice, VECTORIEL will proceed to close and cancel your member account, your user name and your password and will eliminate all your digital files (EPS and JPEG) and your other contents from the Site.

Upon termination of your member account, you agree to forfeit all VECTO credits remaining in your BUYER account.

The VECTO credits remaining in your SUPPLIER account will be paid according to the terms and conditions of the Digital Files (EPS and JPEG) Supply Agreement.

5 – MISCELLANEOUS

This agreement is governed in all its dispositions under French law.

Any dispute concerning the interpretation, enforcement or breach of this agreement shall be submitted to the competent jurisdiction of Nanterre (France).

For the purpose of this agreement your choose to reside at the address you have provided when registering with VECTORIEL, unless this has later been modified in compliance with the procedure for change of address indicated on the Site.

VECTORIEL’s headquarters are located at: 120 avenue Charles de Gaulle – 92200 NEUILLY SUR SEINE (RCS Nanterre 502 259 914).

VECTORIEL shall be able to collect your personal data and can at any time ask you additional file information concerning your personal data.

VECTORIEL declares that it is in possession of all the legal and administrative authorizations required to operate the Site and that it has made the appropriate declaration to CNIL under the law of January 6^th 1978 on “informatique et libertés” (Information Technology and Freedom).

The data you have supplied us with are only used for our accounting and administrative purposes, except for the data we might be led to reveal in case of dispute or upon request from the judiciary or administrative authorities.

At no time will they be communicated to third parties.

You can at any moment access and change your personal data in the section My profile – Account details of your personal Menu on the site in order to amend them or contact us to delete this data.

Should any provision of this Agreement be nil, illegal or unenforceable, the remaining provisions of the Agreement would still remain valid and operative.