General terms of use
Preamble
ANYW3AR, a simplified joint-stock company, with a share capital of 2,222.40 euros, registered with the Nanterre Trade and Companies Register under number B 987 629 995 and having its registered office at 33 rue Pierre Brossolette in Châtillon (hereinafter "ANYW3AR"), operates an online sales platform for clothing and accessories equipped with NFC chips, which may, if applicable, be personalized, accessible at the URL www.anyw3ar.com (hereinafter the "Platform").
These General Terms of Use apply between ANYW3AR and any person using the Platform and are intended to establish the rules for access, rights and obligations of ANYW3AR and the User, as well as the terms of use of the Platform.
Any use of the Platform implies full and unconditional acceptance by the User of these General Terms of Use and the Privacy Policy, which can be consulted directly on the Platform.
Article 1: Definitions
The terms mentioned below shall have the meaning attributed to them in this article for all purposes of these General Terms of Use:
"ANYW3AR":
Refers to ANYW3AR, a simplified joint-stock company with a share capital of €2,222.40, registered with the Nanterre Trade and Companies Register under number B 987 629 996, with its headquarters located at 3 rue Pierre Brossolette, CHATILLON, and editor of the Platform.
"Blockchain":
Refers to a secure and transparent data storage and transmission technology that operates without a central controlling authority.
"Order":
Refers to any order placed by the Client with ANYW3AR through the Platform.
"Cryptocurrency":
Refers to all digital currencies as defined in the Monetary and Financial Code, based on Blockchain technology (Bitcoin, Ether, etc.).
"Personal Data" or "Data":
Refers to any information allowing the direct or indirect identification of a natural person, such as their name, first name, email address, postal address, telephone number.
"Intellectual Property Rights" or "Rights":
Refers to all exclusive ownership or usage rights, including but not limited to copyright, neighboring rights, design and model rights, trademark rights, patents, rights related to databases, software rights, topography rights.
"Non-Fungible Token" or "NFT":
Refers to a digital token that grants access to a digital asset recorded on a Blockchain and serves to represent the certificate of authenticity of the underlying digital asset. It is reminded that the author(s) of any work potentially associated with an NFT retains ownership of any intellectual property rights over the Work, unless there is a contractual transfer of copyright in favor of the NFT holder.
"Work" or "Graphic":
Refers to any content, design, model, graphic, writing, character, image, photograph, and more generally any element capable of graphic representation, associated or not with an NFT.
"Partner":
Refers to any person likely to offer, in partnership with ANYW3AR, the customization of Products on the Platform or access to commercial operations for Clients.
"Platform":
Refers to the website accessible at the following URL: www.anyw3ar.com.
"Product":
Refers to any item or accessory (including but not limited to clothing and patches that can be attached) sold by ANYW3AR on the Platform.
"NFC Chip":
(Near Field Communication): Refers to a chip enabling data exchange between devices using NFC technology (short-range wireless communication technology).
"Services":
Refers to all additional services offered to the Client associated with their Order.
"Wallet":
Refers to the Client’s personal digital wallet that allows, among other things, the storage of their Cryptocurrencies.
Article 2: Acknowledgment and Acceptance of the General Terms of Use
To access the Platform and all its Features, the User must accept without reservation these General Terms of Use and comply with them.
Any connection, browsing, or use of the Platform implies the full, express, and unconditional acceptance of these General Terms of Use.
Article 3: Purpose of the Platform
The Platform is intended to allow the Client to purchase Products sold by the company ANYW3AR, according to the terms provided in the General Terms of Sale, also available on the Platform.
Article 4: Registration and Connection to the Platform
Each User may create a personal account on the Platform with an email address and a password.
When the functionality is activated on the Platform, the User may also access their digital Wallet through the Platform.
ANYW3AR advises all Users to keep their Wallet credentials secure and never share them with third parties.
Article 5: Description of the Platform's Features
The Client User will have the ability, subject to compliance with the General Terms of Sale, to:
Article 6: Access to the Platform
To access the Platform, the User must have a stable and operational internet connection.
The costs of access and equipment required to access the Platform are the responsibility of the User.
The User must have equipment and a terminal that does not interfere with the access, operation, and use of the Platform and its various Features.
The User must take all appropriate measures to protect their online navigation and secure their equipment, passwords, and identifiers, ensuring that they are never shared with third parties.
ANYW3AR cannot be held responsible for any direct or indirect damages claimed by Users based on the information or content published on the Platform.
ANYW3AR is subject to an obligation of means towards the Users, in the provision and operation of the Platform. ANYW3AR reserves the right to carry out technical, maintenance, or update interventions on the Platform, resulting in a temporary interruption of access. The malfunctions and service unavailability that result from this cannot give rise to any compensation for the User.
For any questions about the Platform, Users can write to the following address: contact@anyw3ar.com
ANYW3AR is committed to responding as promptly as possible to Users' requests and complaints, in accordance with the provisions of these General Terms of Use and in compliance with applicable legal provisions arising from the LCEN (Law for Trust in the Digital Economy).
Article 7: User Obligations
By using the Platform, the User agrees to:
- Respect these General Terms of Use;
- Not create an identifier that impersonates a third party;
- Not fraudulently access or attempt to access the Platform;
- Not access or attempt to access the Platform's source code;
- Not modify, disassemble, copy, or duplicate the source code of any or all of the Platform;
- Not reproduce or attempt to reproduce, copy, or duplicate any or all of the Platform;
- Not carry out or attempt any operation aimed at or having the effect of temporarily or permanently disrupting the normal functioning of the Platform;
- Not access or attempt to access a data processing system implemented by ANYW3AR.
Article 8: Intellectual Property
8.1. Respect for ANYW3AR's Intellectual Property Rights
The brand, graphics, domain name, software, algorithms, databases, and all other intellectual property rights and intangible assets related to ANYW3AR reproduced within the Platform are and will remain the exclusive property of ANYW3AR.
Any reproduction, distribution, representation, modification, or use of these signs, rights, elements, or intangible assets relating to the Platform, without the express and prior consent of ANYW3AR, for any reason whatsoever, is prohibited.
8.2. Respect for the Intellectual Property Rights of Potential Partners
All texts, logos, creations, designs, graphics, photographs, images, distinctive signs, etc., proposed by a Partner on the Platform may be protected by intellectual property rights, including copyright, image rights, neighboring rights, database rights, and trademark rights.
Any copying, reproduction, representation, adaptation, translation, modification, distribution, and/or transformation, partial or complete, or transfer of these elements without the express written consent of the rights holder and exceeding the limits provided in the General Terms of Sale may constitute an infringement of the Partner's intellectual property rights.
It is expressly understood that the potential customization and order of the Product made by the Client through the Platform do not confer any rights to the aforementioned elements.
8.3. User Commitments on Works and/or Graphics for Customizable Products
Any User declares and guarantees to ANYW3AR that they hold all the Rights to the Works and/or Graphics (whether associated with an NFT or not) that will enable the customization of the Product(s).
The User guarantees they are the author of the intellectual contributions that led to the creation of the Works and/or Graphics (whether related to NFTs or not) or that they have been assigned the corresponding rights and that the Works and/or Graphics do not infringe on the rights of third parties (privacy violations, copyright and neighboring rights violations, unfair competition and parasitism, violation of neighboring rights, including those of performing artists, image rights violations, defamation, etc.).
The User further guarantees that the Works and/or Graphics contain no elements that could contravene current legal provisions.
In the event that the User is not the author of the Work and/or Graphic, they must ensure that they hold a copyright transfer allowing them to reproduce the Work and/or Graphic.
The User guarantees ANYW3AR against any claims or actions that could be brought by any individual or legal entity in this regard.
Article 9: Exclusion from the Platform
In case of violation of these General Terms of Use or infringement of third-party rights, ANYW3AR may, after notifying the User, delete or suspend their account on the Platform.
Additionally, ANYW3AR also reserves the right to take legal action against the User for using the Platform in a manner that violates any part of these General Terms of Use or current legislation.
Article 10: Warranty Disclaimer
10.1. Regarding the Platform's Operation
ANYW3AR cannot be held responsible for the unavailability of the Platform, particularly in cases of:
- Evolutionary and/or corrective maintenance of the Platform;
- Violation by a User of these General Terms of Use;
- Occurrence of an event of force majeure;
- Internet connection failure.
10.2. Regarding the Violation of Third-Party Rights
The User and any Partner acknowledge that ANYW3AR cannot be held responsible for any damage or prejudice, direct or indirect, resulting from a User's violation of these General Terms of Use.
Article 11: Personal Data
ANYW3AR may process Users' personal data and commits to treating it in a manner that ensures its security, confidentiality, and integrity.
For more information about the processing of such Data, the User is invited to consult the Privacy Policy accessible directly on the Platform.
Article 12: Modifications to the General Terms of Use
ANYW3AR reserves the right to adapt or modify these General Terms of Use related to the use of the Platform at any time.
In the event of substantial modifications, ANYW3AR will inform the User, allowing them to review the changes and the new General Terms of Use.
Article 13: Invalidity
If any provision of these General Terms of Use is declared null and void by a final judicial decision, it shall be deemed unwritten, but this will not invalidate or render void the other provisions of these General Terms of Use.
Article 14: Dispute Resolution
These General Terms of Sale are governed by French law.
The validity, performance, and/or interpretation of these General Terms of Use shall be under the jurisdiction of French courts.