Welcome to Gnomz.com!
Create your own Gnomz comic strip and characters, and invent dialogues and tell stories that will crack you up, and amuse and surprise the Gnomz community worldwide.
Preambule
Gnomz.com is a community that enables web users to create customised online comic strips quickly and free-of-charge. Designed as a user-friendly and interactive media, the site grants each user complete freedom to choose the characters (“gnomz” inspired by public celebrities or totally tailor-made by you), backdrops, situations, and themes portrayed.
All the comic strips created will be published online and subject to comment by the member community of the Gnomz.com site.
Of particular note are several functions that allow you to vote for your favourite comic and notify one of your friends.
The function “create a character” enables you to create and customise as many new Gnomz characters as you wish. These characters may then serve as avatars and, of course, be used to make up and tell your own stories.
ARTICLE I. Accessing and Subscribing to Gnomz.com
To become a Member of Gnomz.com, you must complete all the mandatory data fields that appear on the Gnomz.com subscription forms, and read and agree to the present terms of use before submitting your subscription.
ARTICLE 2. Using Gnomz.com
Once subscribed, the Member will be granted access, through his Account, to the services available on Gnomz.com. Using Gnomz.com is unrestricted and free-of-charge. However, any hardware (computer, software, telecommunication systems, etc.) enabling access to the site, as well as any telecommunication costs incurred whilst using the site, are exclusively the responsibility of the Member.
Within the framework of using Gnomz.com, the Member specifically agrees to abide by the following rules:
- To comply with current legislation and respect the rights of third parties, particularly of Members and Visitors.
- Not to use Gnomz.com for professional or commercial purposes (prospecting and advertising).
- Not to provide comment or submit under any form content which infringes the rights of others, or which is defamatory, abusive, obscene, violent or which may incite violence, political, racially offensive, or xenophobic in nature, and, in general, any content contrary to the purpose of Gnomz.com, or any laws and regulations currently in force.
- Not to post or submit for release under any form data or content which include links to third-party sites that are illegal, contrary to acceptable standards of civil behaviour, and/or do not conform with the purpose of Gnomz.com.
Without prejudice to the conditions contained in the article “Terminating Your Subscription”, and in the event of a Member breaching one or more of these rules, Gnomz.com reserves the right to close down the Account of the Member in question, to delete automatically the offending messages, to prevent the publication of the whole or part of the Member’s profile, and/or to suspend his/her access to the whole or part of his/her Account and the services of Gnomz.com, either as a temporary or permanent measure, without indemnity of any kind.
ARTICLE 3. Gnomz.com Safeguarding Your Privacy
Gnomz.com complies with the most stringent standards to protect your privacy and is subject to a declaration submitted to the Commission Nationale de l’Informatique et des Libertés (http://www.cnil.fr), the French information and civil liberties authority charged with protecting personal data.
Members are required to provide personal data when they subscribe to the site and create an Account. The personal data collected by Gnomz.com from its Members may include first and surnames, gender, postal and/or electronic mail addresses, and information regarding age, profession and personal interests.
In addition, certain non-personal data may be gathered such as the browser version of the Member or any site user, the type of operating system used, and the IP address of the computer used. Finally, Gnomz.com may use cookies designed to stock data identifying the Member whilst s/he browses Gnomz.com in order to avoid inputting this data manually for each page browsed. The Member may, nonetheless, prevent the use of cookies by modifying the settings of his/her Internet browser. Further information is available on how to do this in the section “Your Traces” of the CNIL website (English version provided): http://www.cnil.fr
Each Member may access or request access to any data which concerns them personally in order to modify or delete them by writing to Gnomz Service “Informatique et Libertés” Société Fluctuat, 7 impasse Charles Petit 75011 Paris, or by electronic mail sent to confidentialityATgnomzDOTcom. In addition, each Member may, during subscription or at any moment thereafter using his/her Account, request to receive, and subsequently not to receive, by e-mail the Gnomz.com newsletter or information from Fluctuat, the publisher of Gnomz.com, and/or promotional offers from Fluctuat and/or its partners.
We may send Members, provided they have consented to this during subscription or subsequently, promotional offers from certain partners of Fluctuat. If the Member does not wish to receive offers that we have selected for him/her or that our partners may send, s/he can notify us during subscription or, at any subsequent moment, using his/her Account or by informing Fluctuat by electronic mail to confidentialityATgnomzDOTcom or by post.
Fluctuat may sometimes share general non-nominative socio-demographic data with selected partners to enable them to target their advertisements (by age, gender categories, etc.). In this event, we will not pass on data that would enable partners to identify a Member.
ARTICLE 4. Intellectual Property
The brand names, graphics, photographs, animations and texts published online on the Site by Gnomz.com are the property of Fluctuat and may not be reproduced, used, or represented without the express permission of Fluctuat. Any breach may result in legal action being taken against the Member.
The user rights granted by Gnomz.com to the Member are strictly limited to accessing, downloading, printing, and reproducing on any support (hard drive, diskette, CD-Rom, etc.) and to using these documents for private and personal purposes within the framework and the duration of membership to Gnomz.com. All other use by the Member is prohibited without the express permission of Fluctuat.
The Member is notably prohibited from modifying, copying, reproducing, downloading, posting, transmitting, using for commercial purposes, and/or distributing in any way services, pages from the Site, or computer code of the elements that make up the Site.
Given the very purpose of the service provided by Gnomz.com (using the creative tools provided for free and enabling Members to ensure the publication of content generated via the site), each Member grants Fluctuat the right to use, reproduce and exploit content provided by the former for the purpose of publishing it worldwide via the Site. These rights notably include permission for Gnomz.com to reproduce, represent, adapt, translate, digitize, use for advertising purposes, whether commercial or non-commercial, sublicense or transfer rights for content created by the Member (notably storylines, speech bubbles or the positioning of images) or which designates a Member (for example, usernames) on all or part of the Site and/or in Gnomz.com newsletters and, in a general manner, on any support and broadcasting media, notably digital (e-mail, SMS, the Internet, CD-Rom, or DVD-Rom) or audiovisual (press, radio, hertzian, digital, cable or satellite TV, Minitel) communication channels.
The Member permits Gnomz.com to modify the aforementioned content with respect to the graphic charter of the Site or of any other communication supports mentioned above, and/or to make the content compatible with the technical performances or the format of the supports in question. These rights are granted worldwide and for the entire duration of the protection of the rights specified, in compliance with both French and foreign legislation, and current and future international convention, including any amendments that may at any time be made to this duration.
If you do not wish to grant the rights mentioned above, we ask you not to use the service provided by Gnomz.com and not to make public via the Site content that may be your own original work or of which you are the copyright holder or owner.
ARTICLE 5. Terminating Your Subscription
Each Member may terminate his/her subscription with Gnomz.com at any time and without motive in the section of his/her Account designed for this purpose.
Without prejudice to the other dispositions within the present terms, and in the event of a Member not complying with the present terms of use, Gnomz.com reserves the right to suspend or terminate the Member’s Account without notice and/or take legal action against the Member. This termination will occur ipso jure and without prejudice to any damages that may be claimed from the Member by Gnomz.com to indemnify it against any prejudice incurred as a result of the Member breaching these terms.
ARTICLE 6. Liability and Warranty
Gnomz.com cannot be held liable for the accuracy or inaccuracy of any information and content provided by Members. Similarly, Gnomz.com cannot be held liable for content submitted by a Member, on his/her exclusive initiative and involving his/her liability. In the event that the liability of Fluctuat is sought for a Member’s breach of the obligations to which s/he is subject with regard to the law or the present terms of use, the Member agrees to warrant Fluctuat against any judgement issued against the Member or amicable compensation s/he agrees to. This warranty covers both the indemnities and legal fees and costs that may be incurred by Fluctuat.
Gnomz.com does not warrant that using the Site will be uninterrupted or error free. In particular, use of the site may momentarily be interrupted for reasons of maintenance, updates, or technical improvements, or to change the content and/or presentation. By accepting the present conditions during subscription, the Member waives any claim on Gnomz.com’s liability with regard to the use and functioning of the Site.
Similarly, Gnomz.com will not be held liable for any defects in access, the non-functioning of, or poor conditions relating to using the Site that arise from poorly adapted hardware, service provision failures by the Member’s access provider, congestion on the Internet network, and any other reasons beyond the control of Gnomz.com.
Gnomz.com has the right to modify or change at any time the pages of the Site or the terms of use of Gnomz.com. These modifications will take effect from the time that they are published online on the Site. Members are therefore invited to consult the most recent version of the present terms of use.
ARTICLE 7. Applicable Law – Attributing Jurisdiction
In conformity with the directive 2000/31/EC of 8th June 2000, these terms of use and access to the Site are governed by, interpreted, and applied in accordance with French law. The law courts of Paris alone are competent to handle any litigation relating to the present terms, including, but not limited to, their validity, their application, and/or their termination and consequences.
ARTICLE 8. Who we are ?
Gnomz.com est édité par la société Fluctuat, société SARL au capital de 9 146, 94 euros, 10, rue de Cavallotti, 75018, représentée par Monsieur Alexandre Boucherot, Président. Le directeur de la publication du Site est Monsieur Alexandre Boucherot.