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Terms of use

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The GUILDI service is a tool allowing customers to create a configurable site dedicated to their guild on an online game. This service is offered by the company ORNAWEB SAS.

By using the services offered by ORNAWEB SAS, you agree, without limitation or qualification, to be bound by, and to comply with, the terms of the services as they may be amended from time to time, as well as any other posted guidelines or rules applicable to any specific service.

General

The websites built on the GUILDI platform use a SaaS (Software as a Service) technology developed by ORNAWEB SAS which cannot be exported and used elsewhere than on ORNAWEB SAS servers.

No reproduction of software, source codes, databases or any other technical element shall be communicated to a customer, even in case of termination of services.

License to use

By posting content on your website, you authorize ORNAWEB SAS to reproduce, modify, adapt and publish it for the purpose of displaying, distributing or promoting your website.

Exclusions from cover

The Services are provided "as is" and "as available". ORNAWEB SAS does not guarantee that the Services will be free of errors, defects, interruptions, breakdowns or malfunctions, or that they will fully meet the specific expectations of Users.

To the fullest extent permitted by law, ORNAWEB SAS disclaims all warranties, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, continuous availability or non-infringement of third party rights.

Changes and updates

ORNAWEB SAS reserves the right to modify, suspend or terminate the services of its platform and/or any of the features therein and/or cancel your access to any of the services of the platform for any reason and/or modify the terms of service at any time and in any way.

You agree that ORNAWEB SAS shall not be liable to you or any third party for any modification, suspension or discontinuance of our services.

If the changes involve additional charges, we reserve the right (at our sole discretion) to disable the affected services, continue to provide you with the previous services without enabling these changes, or provide you with alternative services.

Terms of payment

Payments are made via the customer's website by credit card only.
Payment of the full amount of the order is required before the contract is executed.

Payments are secured by the Stripe platform, in accordance with French and international interbank security measures. Your bank details are encrypted and do not circulate unencrypted on the internet.

No banking data (card number, expiration date...) is transmitted to ORNAWEB SAS during the payment process.

Withdrawal and cancellation of an order

In accordance with Article L221-18 of the Consumer Code, the Customer has a period of fourteen (14) days from the date of subscription to exercise their right of withdrawal, without having to give any reason. To exercise this right, the Customer must submit their request for a refund by email to contact@guildi.com before this period expires. The subscription remains active until the expiry date of the current period; the refund will be processed within fourteen (14) days of receipt of the request.

As an exception, in accordance with Article L221-28 of the French Consumer Code, the right of withdrawal does not apply to domain names and email accounts, the provision of which begins immediately upon order confirmation. The Customer expressly acknowledges that they have requested the immediate provision of these services and have been informed that they thereby forfeit their right of withdrawal. This consent is obtained at the time of subscription.

Responsibilities

Site name and sub-domains

A new site can be created by providing a guild name and a sub-domain.
We can refuse the creation of a site without having to provide any justification.

The reasons given for the name or sub-domain may include (but are not limited to) the following:
- The name is already registered
- The name is on a list of reserved names
- The name is obscene, illegal or corresponds to a registered trademark
- The name is being used for an illegal activity

Content

You are responsible for the content transmitted via the services of ORNAWEB SAS and acknowledge that any information published in public or transmitted privately are the sole responsibility of the person who originated the content.

ORNAWEB SAS shall not be liable under any circumstances for content published on the services offered.

Login details

When creating your account, you will have to provide a login and a password. You are responsible for maintaining the confidentiality of this login ID and password and are responsible for all activities that occur under these login IDs.

You must immediately inform ORNAWEB SAS if any fraudulent use of this login information is detected. ORNAWEB SAS shall not be liable for any loss or damage arising from your failure to comply with these conditions.

Damages and recourse

The user of the site is liable for damages of any kind, material or immaterial, indirect that may be caused to third parties and ORNAWEB SAS because of the use or unlawful operation of the site itself or any of its elements, regardless of the cause and place of occurrence of such damages.

The user of the services of ORNAWEB SAS waives any recourse against ORNAWEB SAS in the event of proceedings brought by a third party against him/her due to the use and/or unlawful exploitation of the sites created on the GUILDI platform.

In all cases where the liability of ORNAWEB SAS could be incurred, it will be strictly limited to the amount of the sums actually paid by the User for the Services during the last twelve (12) months preceding the event generating the damage.

Service availability

ORNAWEB SAS uses all reasonable means at its disposal to ensure quality access to the Service, but is under no obligation to do so.

ORNAWEB SAS cannot be held responsible for any malfunction of the network or servers or any other event beyond reasonable control, which would prevent or impair access to the Service.

ORNAWEB SAS reserves the right to interrupt, temporarily suspend or modify without notice access to all or part of the Service, in order to ensure maintenance, or for any other reason, without the interruption giving rise to any obligation or compensation.

No compensation may be considered in respect of the unavailability of the Service.

Consequently, ORNAWEB SAS may not be held liable in the event of temporary or prolonged unavailability of the Services, nor any compensation or indemnity of any kind whatsoever, including for loss of turnover, loss of data or loss of profit.

Advertisements and announcements

Advertisements may be displayed on the sites created via the GUILDI platform. They may be produced by ORNAWEB SAS or external service providers not affiliated with ORNAWEB SAS.

The ads can be hidden by subscribing to a paid subscription or by purchasing a dedicated service.

It is illegal to attempt by any means to hide or remove advertisements on a site. ORNAWEB SAS reserves the right to delete a site that violates this rule without prior notice and request compensation for the loss of advertising revenue.

Personal data

By using the services of ORNAWEB SAS, you consent to the use by our site of your personal data. However, under no circumstances will ORNAWEB SAS share your data with third parties.

We may, however, disclose information to third parties in specific circumstances, such as at the request of a public authority, for the prevention of fraud or imminent harm, or to ensure the security of our network and services.

You can refuse to provide personal information and/or refuse cookies in your browser but this may disrupt or prevent you from accessing certain services.

In accordance with the French Data Protection Act of 6 January 1978, as amended in 2004, you have the right to access, rectify and oppose any information concerning you.
You can request access, modification or deletion of your personal data by contacting us via our website.

General Data Protection Regulation (GDPR)

The customer accepts that the data transmitted in the context of his request may be used in the context of the commercial relationship that may result from it. The customer accepts that his/her details may be transmitted to any third party whose intervention may be necessary for the execution of the contract (for example: web host, domain name registrar, etc.).

The customer is informed that the privacy policy is available and detailed on the website of ORNAWEB SAS.

Illegal content

Users of the services offered by ORNAWEB SAS agree not to share content or links concerning services declared illegal such as software piracy, hacking, spamming, hosting and / or distribution of copyrighted content, attacks against networks or servers, sexual and / or pornographic content, violent content or inciting racial hatred, crimes against humanity, the sale and/or exchange of medicines that require a prescription from a licensed practitioner, or medicines without a prescription, the sale and/or exchange of drugs and other illegal substances, phishing and/or malware pages, credit card fraud, improper server activity or any other action that would violate applicable laws.

Accounts containing content deemed to violate applicable laws will be deleted without notice. Any illegal content or actions may be reported to the relevant departments and prosecuted.

Third-party content

Our platform and the sites hosted on it may contain features linked to external sites, servers or networks not affiliated with ORNAWEB SAS. By accessing or using these features, you agree to the terms of use of these services.

We have no control over third party content, so ORNAWEB SAS cannot make any promises about its functionality, accuracy or legality. We reserve the right to filter or refuse to accept any third party content. It is your own responsibility to ensure that third party content is safe for you.

Respect for property rights and trademarks

All the contents of the service are protected by the legislation in force on copyright. You may not use, distribute, copy, reproduce, modify, distort or transmit the site or elements of the site without the prior written permission of the company.
The trademarks and logos appearing on the site are the property of the company or are subject to an authorisation of use. No right or licence may be granted on any of these elements without the written authorisation of the company or of the third party holding the rights on the brand or logo appearing on the site. The company reserves the right to prosecute any act of infringement of its intellectual property rights, including in the context of criminal proceedings.

Revocation and termination

ORNAWEB SAS reserves the right to revoke your access to all or part of our services at any time with or without notice, with or without cause and effective immediately, or to discontinue or prevent, for any reason, any person or entity from accessing or using our services.

Deletion of the client's website

The customer may decide unilaterally and without cause to remove their website from the platform.
To do so, they must use the deletion function available via the administration panel of their website or send an e-mail to contact@guildi.com containing the address of the website. A confirmation request will be sent to the customer for security purposes and to verify the legitimacy of this action.

The deletion of a website does not grant any refund on the sums already paid for the services in progress, such as, and without limitation, the domain names, the subscription etc...

Websites with no activity for 2 consecutive months will be automatically deleted from our servers. Inactivity is determined by the absence of connection of registered users.
You will be informed at least 15 days before the effective deletion.

Changing your subscription

The Customer may change their subscription plan at any time via their admin panel.

Upgrading (switching to a higher-tier plan, or changing from monthly to annual billing): the change takes effect immediately. The price difference is calculated on a pro rata basis for the remaining time in the current billing period and invoiced immediately by ORNAWEB SAS; access to the new plan only becomes effective once payment has been confirmed, including, where applicable, the strong authentication required by the Customer’s bank. The subscription expiry date remains unchanged.

Switching to a lower-tier plan (a plan in a lower tier, or a switch from annual to monthly billing): the change takes effect at the end of the current period for which payment has already been made. The Customer continues to benefit from their current plan until that date, then automatically switches to the new plan, at the current rate, upon the next renewal. No refund, even partial, will be issued for the period already paid for.

Additional options are not subject to an upgrade or downgrade mechanism: they may only be cancelled in accordance with the conditions set out in the following article.

Modification of the general conditions

ORNAWEB SAS reserves the right to modify its general terms and conditions at any time, subject to informing customers individually. Any modification of the general terms and conditions of sale shall be deemed accepted by the customer who, after having been notified in writing, has not expressed his disagreement within 30 days.

Cancellation of the subscription by the Customer

The Customer may cancel their subscription at any time via their admin panel, without having to give a reason.

The cancellation takes effect on the expiry date of the current period for which payment has already been made. Until that date, the Customer retains full access to all the features associated with their subscription. Upon expiry, the subscription will not be renewed and the account will automatically switch to the free plan, provided that the website continues to be maintained in accordance with the terms of that plan.

No refund, even partial, will be made in respect of the period for which payment has already been made, in accordance with the provisions applicable to the deletion of the website as set out herein.

Termination of the subscription does not result in the deletion of the website. Conversely, the deletion of the website by the Customer results in the termination of the subscription without a refund of any sums already paid.

ORNAWEB SAS shall notify the Customer, by email, of the imminent automatic renewal of their subscription and of the option not to renew it, within a reasonable period prior to the expiry date. The Customer may opt out of renewal at any time via their administration panel, including up to the day before renewal, without notice.

Force majeure

The responsibility of ORNAWEB SAS cannot be implemented if the non-performance or delay in the performance of any of its obligations described in these general conditions of sale is due to a case of force majeure.

In this regard, force majeure means any external, unforeseeable and irresistible event within the meaning of Article 1148 of the Civil Code.

Dispute resolution

In the event of any difficulties or disputes between the parties arising from the interpretation, performance or termination of this agreement, the parties agree to seek an amicable solution, in particular through mediation. The consumer customer has the right to refer the matter free of charge to a consumer mediator with a view to resolving the dispute amicably.

If no amicable resolution is reached, the consumer Customer may bring the matter before the competent court in their place of residence or any other competent court in accordance with the rules of ordinary law.

Use of data

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