GENERAL TERMS AND CONDITIONS FOR THE ONLINE USE AND SALE

OF THE SERVICES OFFERED BY THE WEBTOON FACTORY WEBSITE

Last updated: 21 January 2019

These general terms and conditions of use and sale (hereinafter “the GTCS”) are concluded between S.A. ÉDITIONS DUPUIS, a Société Anonyme (Public Limited Company) registered on the Charleroi Trade Register under company number 0429.160.563, located at Rue Destrée 52, 6001 Marcinelle (Belgium), operating under its “WEBTOON FACTORY” trademark (hereinafter referred to as “DUPUIS”), and “the User” of the www.webtoonfactory.com website (hereinafter referred to as the “Website”), a person of full age or a legal representative in the name and on behalf of a minor capable of entering into a contract.

PREAMBLE

  • “Product” is understood to mean: a webtoon, i.e. a comic strip that can be read vertically and/or horizontally, available on the Website and provided to Users in the form of Series divided into Seasons comprising a set of specific Episodes. Each Episode is available to read either, for fee-based Products, through the use of a number of Coins in the User's Customer Account, or, for free Products, for no advance consideration.
  • “Coin(s)” is understood to mean: a virtual currency (unit of value) in the User’s Customer Account and available for purchase in Packs. Subject to possessing a sufficient number of units of value/Coins, this virtual currency provides access to a catalogue of Products provided by the WEBTOON FACTORY Service.
  • “WEBTOON FACTORY Web Player” is understood to mean: the application that enables “reading by scrolling” of the Product from the catalogue of Products provided by the WEBTOON FACTORY Service on the Website. The Product is viewed by “scrolling” and is optimised by caching the Product on the User's Reading Terminal, without reproducing or downloading the Product's file in the permanent computer memory of the User's Reading Terminal.
  • “Reading Terminal” is understood to mean: any fixed or mobile device enabling connection to the Website which enables Products to be viewed.
  • “Website” is understood to mean: the DUPUIS website available at the following URL address: www.webtoonfactory.com.

 

 

I- PURPOSE

1.1. The purpose of these general terms and conditions is to govern use of the Website by the User, and the contractual relationships between DUPUIS and the User for any transaction made by the User in relation to a service provided on the Website.

1.2. Any use of the Website implies full and unconditional acceptance of these GTCS.

No special condition may prevail over these GTCS unless prior acceptance is granted by DUPUIS in writing. Any contrary condition laid down by the User remains non-binding upon DUPUIS unless prior acceptance is granted by DUPUIS in writing. Any exemption accepted by DUPUIS shall apply only to the specific sale concerned. Failure to avail itself of these GTCS may in no way be invoked against DUPUIS. DUPUIS reserves the right to modify these terms and conditions, as well as the Product offering, at any time.

In such a case, the applicable terms and conditions shall be those in force on the date of confirmation of the order by the User.

Each time an order is placed on the Website, the User shall confirm their acceptance of the GTCS in force on the date their order is placed.

In case of non-compliance with these general terms and conditions and/or misuse of the Website, DUPUIS reserves the right to take any measure to safeguard its interests, including suspending or closing the User’s Customer Account. DUPUIS also reserves the right to bring any civil and/or criminal liability action against the User.

 

II – SERVICES OFFERED

2.1. Service accessible via the Website.

The WEBTOON FACTORY service offered to the User provides access to a platform enabling them, via an electronic communication network and the Webtoon Factory Web Player developed by DUPUIS, to purchase an access right to view one or more Products on a Reading Terminal, in exchange for payment by the User via the Coins in their Customer Account (except for free Products), and for private home viewing only.

Full viewing of the Product by the User shall only be possible following payment in full by the User of the price of the right to access the Product, excluding Products available free of charge.

The access price to view each fee-based Product is set by DUPUIS for each of the Products in the form of Coins, and shall be that displayed on the Website when ordering. In exchange for payment of the price billed to the User, the User shall have an access right to view each of the fee-based Products in their virtual library, entitled “Followed”, on the Website, as many times as they wish, for as long as the Product is accessible on the Website.

In the specific case of free Products, the User shall have an access right to view such Products in their virtual library, entitled “Followed” on the Website, for as long as the Product is accessible free of charge on the Website.

2.2. Changes to the service

DUPUIS reserves the right to make any changes and improvements it deems necessary or useful, or in order to comply with changes in legislation, to the Website, to Products and services accessible therefrom, and to these terms and conditions of use, without having to provide justification to the User and without being held liable by the User. In view of this, DUPUIS may, at its sole discretion, terminate operation of any service provided on the Website, subject to observing a prior notice period of thirty (30) days following notification of termination of the relevant service. DUPUIS may in no way be held liable for such a decision. Should the User continue to use the services provided by DUPUIS, these modifications and changes shall be deemed to have been accepted.

Furthermore, the catalogue of Products available on the Website depends on the agreements in force relating to the Products and is therefore liable to change. This catalogue may vary according to the languages of the works provided and the countries where the users are geolocated. DUPUIS may in no way guarantee the presence of a specific Product in the catalogue available as part of the WEBTOON FACTORY Service. Similarly, DUPUIS cannot guarantee the continued presence of a specific Product in the Website catalogue. DUPUIS shall in no way be held liable for deleting or deactivating access to Products in the catalogue provided.

2.3. Availability of the service

The service is normally accessible by the User 24 hours a day, 7 days a week and throughout the year, except in cases of force majeure or maintenance operations. However, DUPUIS reserves the right, in the event of urgent need, without prior notice or compensation, to temporarily close access to the service, and shall not be held liable for any damages that may arise as a result.

 

III – ORDERS

3.1. Creation of a Customer Account

Use of the Website’s services requires the User to create a Customer Account, by filling in the form provided for this purpose in the “Profile” section. It is free to create a Customer Account. In order to enable the creation of a Customer Account, all of the requested information must be entered. The User must then confirm their registration by ticking the statement “I have read and accept the terms and conditions”.

It is materially impossible for DUPUIS to check the accuracy or veracity of the information provided. The User therefore acknowledges that providing any incorrect, incomplete or misleading information may incur their liability both with regard to DUPUIS and third parties. Where incorrect, incomplete or misleading information is provided (or such information is not updated), DUPUIS may decide to suspend or cancel the User's registration, with immediate effect and without prior notice.

Upon the creation of a Customer Account, the User chooses their username and password in the fields reserved for that purpose. The User is solely responsible for ensuring the confidentiality and security of their Customer Account, username and password required for personal identification and access to the Customer Account and the services. The User must take appropriate measures to prevent third parties from becoming aware of their username and password. Any order for which the User is identified via a valid password and username shall be taken into account by DUPUIS, and shall be binding on the User, unless the latter is able to prove that incorrect identification is due to failure by DUPUIS.

Upon its creation, a Customer Account has zero Coins. By way of an exception, the WEBTOON FACTORY Service may provide, at times chosen by DUPUIS at its discretion, promotional offers in the context of which free start-up Coins are provided to new Users.

3.2. Placing an order on the Website

3.2.1 Principles of access to the Products

Depending on the offers available when the User logs in, access to one of the Products on the Website may be:

  1. Free of charge;
  2. In exchange for a payment using Coins;
  3. Free of charge in exceptional circumstances as part of a temporary promotional offer.

In fact, the User may access one or more free Products, particularly in the context of operations involving all or part of one or more Series. DUPUIS reserves the right to only give free access to certain Episodes of a Series on the WEBTOON FACTORY Service. DUPUIS also reserves the right to charge for access to all or part of a Series or to any Product that was previously provided for free on the WEBTOON FACTORY Service. A Product that is temporarily free may therefore become chargeable.

3.2.2. Access to free Products

When a Product is classified as being free of charge, access to it is free and the User need only click on this Product to view it. Access to this free Product may be restricted to those Users who are logged in via their Customer Account.

3.2.3. Placing an order for a fee-based Product

Placing an order for a fee-based Product on the Website is carried out as follows:

  • The User logs in to their Customer Account via the username and password chosen by the User when creating this Customer Account;
  • The User selects the chosen Product(s);
  • The User confirms their order after checking their selection;
  • The User pays for their order using Coins previously purchased in their Customer Account as a result of offers provided by the WEBTOON FACTORY Service in the form of Packs;
  • The User confirms their order and their payment.

DUPUIS may decide, at its discretion, to group together several Episodes to form a package, sold at a specific price lower than the nominal value of the Episodes on a permanent or a temporary basis.

 

 

3.3. Withdrawal

The User is informed that, given the nature of the WEBTOON FACTORY Service and Products provided, the User has no right of withdrawal once the order has been confirmed and paid for. The User may no longer exercise their right of withdrawal once they have confirmed and paid for their order to access the Product. The WEBTOON FACTORY Service shall begin as soon as the User views the Product chosen on the Website for the first time. The User may not cancel their transaction once the order has been validated and confirmed.

3.4. Payment

3.4.1. Customer Account

In order to purchase available Products solely in exchange for Coins (i.e. excluding Product offerings accessible free of charge), the User has to purchase Packs of Coins according to the offers provided by the WEBTOON FACTORY Service at the time the User purchases said Packs. Once the transaction is finalised, the User’s Customer Account shall be credited with the number of Coins purchased. These Coins will then enable the User to purchase Products provided the balance of Coins in the Customer Account is sufficient. The Customer Account may be credited by the User via any bank card.

The User undertakes to not sell, or assign free of charge, any Coins or a Customer Account whose Products were previously unlocked.

3.4.2. Pricing

The User may pay for their order using Coins they previously purchased. The WEBTOON FACTORY Service enables the User to purchase Coins in the form of Packs. A Pack gives access to a pre-defined number of Coins depending on the various packages provided by the WEBTOON FACTORY Service.

In general, any Episode purchased can be read on any type of Reading Terminal irrespective of the nature of the Coins used.

Once logged in, the User may purchase a new Pack of Coins at any time by going to the Website's Coin shop. A Pack of Coins has an unlimited validity period, as long as the User’s Customer Account is not deactivated. The Coins purchased may not be reimbursed by the Publisher under any circumstances. When the User has used all their Coins, they may continue to access the WEBTOON FACTORY Service but can only view the free Products or the fee-based Products they previously purchased.

These Packs may be paid for in euros. The prices displayed on the Website are inclusive of all taxes. The User must pay in the currency indicated on their order confirmation and/or bill.

DUPUIS reserves the right to change its prices for access to Products at any time, it being understood that the price shown on the Website on the day of the order shall be the only price applicable to the User. The User shall receive in writing, upon confirmation of their order and at the latest upon viewing, confirmation of the price paid and any attributed costs.

3.4.3. Terms of payment

The price is payable upon placing the order.

Full viewing of fee-based Products is not possible until payment in full by the User of the price of the Product.

A paper version of the bill shall be sent to the User on their request. Payment cards and credit cards with a set payment limit for a given period of time may obstruct processing of the order.

3.4.3.1. Bank Card

Payments shall be made either by bank card by secure online payment on the secure payment system, INGENICO (INGENICO's Terms of Use are accessible on the Website via the hypertext link to the website www.ingenico.com), or via PAYPAL (PAYPAL's Terms of Use are accessible on the Website via the hypertext link to the website www.paypal.com).

DUPUIS reserves the right to verify personal data provided by the User and to take any necessary measures to verify that the person whose bank account is debited is indeed the person who placed the order. DUPUIS may request that the User provide proof of identity and/or a bank document. Failure to respond on the part of the User to such a request within a period of 2 (two) days following the date of the request sent by DUPUIS shall lead to automatic cancellation of the relevant order, with no possibility of making subsequent claims.

DUPUIS may keep the User's bank details if the User ticks the box provided for this purpose when placing their order.

3.4.2.2. Promotional code

If the User has a promotional code, offering an advantage related to the purchase of a Pack, they may enter the code in the “My promo code” field when placing their order for the Pack of their choice, in order to benefit from such advantage.


3.5. Proof

DUPUIS shall archive the User's order history. DUPUIS’ computerised records shall be considered by the parties as proof of communications, orders, payments and transactions made between the parties.

 

 

IV - CONTENT

4.1. Use of content

In order to view the Products, the User must first accept the General Terms and Conditions of Use governing the service and, in particular, the Rules of Use described therein.

The Products are works protected by national and international provisions relating to copyright. They may only be viewed in a private setting, free of charge and within the limits described hereinafter

Any payment by means of Coins in the Customer Account entitles the User to access the digital file of the Product(s) for all Reading Terminals, existing on the payment date and described on the Website, under the conditions set out in point II 1) of these General Terms and Conditions and on the Website.

The WEBTOON FACTORY Service grants the User an access right to view the Products, irrespective of whether they are free or chargeable, on the Reading Terminal chosen by the User (limited to a single simultaneous connection linked to the User’s Customer Account), at the time chosen by the User, with no limitation on the number of views. In the case of fee-based Products, they shall be accessible by the User as long as their Customer Account remains open, provided they have been purchased by the User. In the case of Products provided free of charge, they shall only be accessible by the User during the free period specified by DUPUIS. As a reminder, DUPUIS may decide at any time that a free Product is to become chargeable.

The User undertakes to comply with the rights of the Products’ authors and to not circumvent or derogate from the method of controlling the use of digital files to which the User has access and, where applicable, any provision with the same objective. DUPUIS may not be held liable in the event of non-compliance with the legislation of a foreign country where the content is accessible.

Use of the Products is reserved for private home viewing only. Any commercial use of the Products by the Users is strictly forbidden. Any appropriation or attempt to appropriate, and any modification or attempt to modify, all or part of the Products is prohibited. The User may not implement any link to or from the WEBTOON FACTORY Service without the Publisher’s prior written consent. Any use of the Products beyond the terms and conditions of access authorised in these General Terms and Conditions shall constitute an act of infringement, exposing the User to criminal and/or civil prosecution. Any use of the Products outside the framework defined by these General Terms and Conditions of Use shall constitute an act of infringement, which shall expose the User to civil or criminal prosecution under the legal and regulatory provisions in force.

4.2. Intellectual property

All the elements of the Website, whether graphic elements (webtoon and any graphic and visual content of the Website) or technical elements (including the Web Player), are protected by copyright, trademark law or any other intellectual or industrial property right.

DUPUIS holds, on an exclusive basis, all of the intellectual property and exploitation rights of all the graphic and technical elements of the Website and any reproduction, exploitation, dissemination or use in any way whatsoever, even partially, of any of these elements of the Website, whether graphic, visual, sound or technical elements (software in particular), is strictly forbidden and exposes its perpetrator to prosecution.

The WEBTOON FACTORY Service is owned and operated by DUPUIS. WEBTOON FACTORY is a trademark registered in the name of DUPUIS.

Subject to the User’s full and complete acceptance of these General Terms and Conditions and payment for the fee-based Products, to the extent necessary to view the Products, DUPUIS grants the User an non-exclusive access right to the Products on the WEBTOON FACTORY Service via the Website. This licence is non-assignable, non-transferable and revocable. This licence applies worldwide. It shall terminate upon closure of the User’s Customer Account or at the end of the free period for Products provided free of charge, subject to contracts in force with the rights holders of the works that may stipulate shorter periods on a Product-by-Product basis.

The User shall not implement or attempt to implement any process that could compromise, circumvent or interfere with a functionality of the WEBTOON FACTORY Service, the object or effect of which is, inter alia, to impede the protection of the Products and/or the WEBTOON FACTORY Service, the entire WEBTOON FACTORY Service or functionalities offered to Users. Unless provided otherwise by legal and regulatory provisions, the User is also prohibited from engaging in or attempting to engage in operations involving reverse engineering, decompilation or access to the source code of the WEBTOON FACTORY Service. In general, the User is prohibited from engaging in any operation whatsoever, the purpose or effect of which is to interfere with the proper working of the WEBTOON FACTORY Service.

 

V- Comments on the Products

The User may comment and give their opinion on the Products in a dedicated space.

DUPUIS shall carry out an ex-post control of all the comments relating to the Products. By means of this control, DUPUIS has a discretionary power in the selection of comments it chooses to publish.

Furthermore, in accordance with current legislation, DUPUIS reserves the right to delete comments that infringe on the rights of third parties and, in particular:

-     to not publish messages that are offensive, defamatory or racist, liable to infringe upon common decency, messages that are violent in nature, insulting towards others or pornographic, messages that are by their nature liable to undermine respect for the human person, their dignity and privacy, gender equality and the protection of children and adolescents;

-     to not publish messages inducing the commission of crimes and/or offences or encouraging the consumption of banned substances, messages inciting discrimination, hatred or violence;

-     to not publish messages that do not comply with the intellectual property rights of others.

An automatic notification shall be sent to Users who have written a comment; such a notification may not give rise to any claims against DUPUIS by Users.

The User grants DUPUIS a free, non-exclusive and transferable licence to use comments published, distributed or sent on the Website.

The User authorises DUPUIS to reproduce, in whole or in part, comments provided, on any graphic medium, as well as on any current or future storage medium, in particular, without this list being exhaustive, on any server, hard disk, removable or otherwise, memory card, or any other equivalent medium, in any format and via any known or currently unknown process, to the extent required by any storage, back-up, distribution or downloading operation involved in the Website's operation.

The User also authorises DUPUIS to translate the comments provided, and to reproduce such translations on any graphic medium, as well as on any current or future storage medium, stipulated above, for the purpose of making the Website available in different languages. This right includes the ability to make changes, in accordance with your moral right, to the formatting of comments in order to comply with the Website's graphic charter and/or to make comments compatible with the Website’s technical performance characteristics or relevant formats, with a view to inserting and/or publishing comments on the Website.

It also includes the right to make a technical adaptation to the comments provided with a view to their integration in the Website, such as for the creation of comment summaries to be shared via tools such as social networks, which the User expressly authorises.

 

  1. – RESPONSIBILITY
    1. Accessibility

The User acknowledges and accepts that they remain responsible for the operation of their Reading Terminals (computers, tablets, smartphone, etc.), and for paying their Internet service provider and/or their mobile telephone operator for their subscription, and that it is their responsibility to take out a subscription that offers them sufficient capacity and speed to access the Products under optimal conditions.

The User acknowledges that they are aware of the restrictions and limits of the Internet. In view of this, DUPUIS may not, under any circumstances, be held liable for the speed of access to the Website from other websites, the speed of opening and viewing the Website's pages, the speed of viewing the Products, external slowing down, the suspension or inaccessibility of the services accessible from the Website, or fraudulent use by third parties of any information made available on the Website.

  1. Security

It is incumbent on the User, as with any Internet user, to protect their technical equipment (including their Reading Terminals) against, inter alia, any form of contamination by viruses and/or intrusion attempts. DUPUIS may not, under any circumstances, be held liable for damage arising from the use of the Internet such as loss of data, intrusion, viruses, service interruption or other involuntary issues.

The User is solely responsible for the installation, exploitation and maintenance of their technical equipment (including their Reading Terminals) needed to access the Website. DUPUIS may not, under any circumstances, be held liable if the services provided prove to be incompatible or result in operating errors with certain software, configurations, operating systems or equipment (including any Reading Terminal) of the User.

 

 

  1. Use

The User is solely responsible for the use they make of the Website. Thus, DUPUIS may not be held liable for responding to those actions or uses made of the Website, constituting an infringement of legal provisions relating to the protection of individuals and privacy, or infringing a pre-existing intellectual property right, either by Users themselves, or by third parties. Thus, should measures be taken by a third party to hold DUPUIS liable due to a non-compliant use of the Website and services provided by a User, DUPUIS reserves the right to pursue remedies against the User in question.

Hypertext links may refer to other websites. DUPUIS cannot be held liable if the content of other websites infringes the rights of third parties or, more generally, current legal or regulatory provisions.

 

  1. – PERSONAL DATA AND COOKIES

Supplying personal information for the purpose of distance selling is obligatory, since such information is necessary for creating the User's Customer Account, using the Website's Services and, in particular, for accessing the Products. Failure to supply such information shall result in non-validation of any order on the Website.

Personal Data protection is set out in detail in the Charter for the Protection of Personal Data. Charter for the protection of personal data.

 

  1. – MISCELLANEOUS
    1. Customer service

For any questions or difficulties related to use of the Website, whether for an assistance request for use of the service or a question relating to orders, billing or delivery of the Products, a customer service is available by sending an email to the following address: assist.webtoonfactory@dupuis.com.

 

  1. Deactivation of Customer Accounts

 

DUPUIS reserves the right to automatically deactivate the User’s Customer Account, without prior notice or compensation, in the following cases:

  • failure to comply with one or any of the provisions of these GTCS on the part of the User;
  • non-payment by the User of amounts owed;
  • actions that are contrary to the interests of DUPUIS, and in particular in the event of pirating of files and/or any other behaviour aimed at illegal use of the WEBTOON FACTORY Service and content of the Website;
  • provision of false information when creating the Customer Account.

Users who wish to deactivate their Customer Account must inform DUPUIS by sending a recorded-delivery letter with acknowledgement of receipt to the following address :

DUPUIS

WEBTOON FACTORY Service

The webmaster

Rue Destrée, No. 52

6001 MARCINELLE

BELGIUM

DUPUIS undertakes to deactivate the User's Customer Account within a maximum of 48 hours following receipt of this letter.

Indeed, deactivation of the Customer Account shall make it permanently impossible for the User to access their library or any of their Products. DUPUIS shall make no reimbursement or payment of any kind whatsoever in exchange for any Coins that may be still available.

8.3. Applicable law and disputes

In the event of a dispute, jurisdiction is attributed to the court of Charleroi, with the applicable law being Belgian law.

8.4. Should one of the clauses of these general terms and conditions be found to contradict an essential provision of Belgian law or of an applicable foreign law, or of current or future international conventions, the clause in question shall be brought to its maximum permitted efficiency and the invalidity of that clause may not in any event entail that of these general terms and conditions in their entirety.

 

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