SPECIAL Conditions APPLICABLE TO CHARGEABLE USER CONTENTS
1. AcceptaNCE OF THE SPECIAL CONDITIONS
These Special Conditions (SCs) govern the conditions under which YouScribe users can benefit from the technical functions enabling them to offer their content against payment to the other users and enabling these other users to reply to the offers made.
The SCs must be expressly agreed to both by the user wishing to offer against payment one of his contents and by the user wishing to reply to the offer.
These SCs do not in any way prejudice the General Conditions of Use, which they complement and amend with regard specifically to offers concerning chargeable contents and the relevant transactions. The provisions of the General Conditions of Use not amended by these SCs retain their full effect. In the event of a summary, or of ambiguity of interpretation between the General Conditions of Use and these Special Conditions, the latter shall prevail. Any modification of these SCs shall form the subject of a specific mention in the site.
The users shall be informed of any modification of these SCs on the home page of the YouScribe site and also, depending on the case, when the relevant functionalities are implemented by the user.
READ THESE SPECIAL CONDITIONS CAREFULLY: THEY EXPLAIN YOUR RIGHTS AND OBLIGATIONS.
Checking the mention “I accept the General Conditions of Use” signifies your express and unreserved acceptance of the SCs.
If you do not wish or if you are not empowered to accept these GCU, we suggest you to not use the services offered by YouScribe.
If you have any questions in regard to these SCs or the monitoring of your transactions, please don’t hesitate to contact us on firstname.lastname@example.org
You can also contact us by phone at the following number: 08 05 69 60 65 (free call from a landline).
Making offers of chargeable contents depends solely on the choice of the users.
2. PLACING AN OFFER ON YOUR CONTENTS
You can only offer all or part of your contents in return for payment when the necessary technical functions have been activated by YouScribe.
Accordingly, you must send us a request using the form which you access by clicking on Publish (top of page), and then selecting the option Publish and sell. Agreement to activate the said technical functions is at the sole discretion of YouScribe. YouScribe cannot commit to a timescale in regard to activation of the functions required or to despatch of personal information explaining the refusal of your request, as the case may be.
Once the aforementioned technical functions have been activated, the content concerned will automatically be flagged as offered against payment, both in your personal space and on the other pages in the site, in particular the pages indicating the results of requests from the other users.
When you have made the said content accessible in your personal space prior to activation of the aforementioned technical functions, the content remains accessible to the other users, free of charge and in accordance with the sharing options chosen by you. You may not under any circumstances claim payment from the other users for exercise of the rights which you have granted them, prior to activation of the aforementioned functions.
It is your exclusive responsibility to set the prices of the options that you wish to offer to the other users, and you agree to comply with the current regulations in force. You further agree, however, not to make offers whose unit price is under 0.9 € inclusive of tax.
You are solely responsible for describing your content to the other users. You agree to comply with the technical constraints laid down by YouScribe. It is your responsibility to provide all the relevant information concerning the protective measures, if required, placed in the corresponding file, in particular Digital Rights Management (DRM), and any restriction on the exercise of the rights granted.
Transactions concerning your contents are performed by you and directly with the purchaser of your content.
Without prejudice to the foregoing and since you are acting professionally, you agree to comply with the regulations, and more specifically those concerning your status. Furthermore, and in every case, it is your responsibility to ensure compliance with the social and fiscal regulations applicable to you. We would recommend that you seek professional advice, from tax experts in particular.
3. AcceptaNCE OF AN OFFER ON THE CONTENTS OF OTHER USERS
We would remind you that in order to benefit from offers on the contents made against payment by other users, you must be duly registered as a user of the YouScribe service in accordance with the General Conditions of Use.
To place an order, you must have the legal capacity to do this.
The ordering procedure is initiated by clicking on Add to my basket, on the page of the publication concerned and then following the steps indicated.
Payment may be made by bank card, PayPal account or Micropayment. For each type of payment, please follow the procedure indicated.
Without prejudice to its other rights, YouScribe reserves the option to exclude any user in the event of unpaid debts following the fraudulent use of any type of payment.
You declare that you have been informed that any purchase of contents is firm and final. Unless agreed to the contrary by the supplier of the content concerned, your purchase cannot be returned for exchange or refund. We would also remind you that as these offers constitute a service performed immediately following validation of your order and payment, you do not have the option of cancellation once you have accepted the content concerned on the medium which you selected. This does not prejudice your rights in the event that the file is found to contain technical anomalies.
4. FINANCIAL COnditions IN RESPECT OF THE SUPPLIER OF THE CONTENT
You authorise YouScribe to receive in your name and on your behalf the sums paid under the transactions effected in respect of your content by means of the protected system of electronic payment set up by YouScribe.
As regards management of the technical functionalities necessary to the implementation of your transactions and the administrative management thereof, you authorise YouScribe to deduct from every amount paid under each transaction on one of your contents the sum of 0.15 euros.
In your capacity of supplier of content, it is your responsibility to replace or refund, at the choice of the purchaser and at the purchaser’s first request, any damaged file supplied to the purchaser by you, without prejudice to the other rights of the purchaser in opposition to you, and in particular and depending on the case, his rights under the legal guarantees.
5. YOUR RESPONSIBILITY
We would remind you that in your capacity of supplier of content, you are responsible for the contents you offer, both to the other users and to ourselves, and under the same conditions as those provided for in the General Conditions of Use.
Accordingly, it is your responsibility to ensure that the contents you place on line do not constitute (i) a breach of third party intellectual property rights (ii) a personal attack (notably slander, insult, abuse, etc., ) or an attack against the rights attaching thereto or invasion of privacy, (iii) an offence against public order and decency (notably defence of crimes against humanity, incitement to racial hatred, child pornography, etc.).
More specifically and under the rights of intellectual property, you shall refrain from placing on line any content that you have not produced personally or for which you have not been granted any rights by the author(s) concerned.
6. OUR RESPONSIBILITY
YouScribe provides you with the technical facilities enabling you, in either your capacity of supplier of content or in your capacity of purchaser, to conduct transactions on YouScribe.
YouScribe neither proposes nor is party to transactions between suppliers and purchasers of contents. Neither does YouScribe make any guarantees to the purchaser in any way whatsoever concerning the content forming the object of any transaction.
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