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TERMS OF PEPITA STORE
The following conditions of use (hereafter refered as the "General Conditions") describe the conditions by which the company UC Technology SARL (hereafter refered as "UC Technology") provides access to the services on its websites http://www.pepita.co.uk , http://www.pepita.fr, http://www.pepita.com.es and http://www.pepita-forum.com (hereafter refered altogether as the "Internet Site"). By clicking on "I accept", you confirm that you accept every stipulations described in these General Conditions. If you do not accept them, you cannot use the services of the Internet Site. PREAMBLE The Pepita online services (hereafter refered as the "Pepita Platform") allow buyers and sellers of digital works licenses (hereafter refered as "the Licenses") to find each other. Buyers and sellers are altogether refered as "the Members". The Pepita Platform allows members to enter into a license agreement. The Members are the only person who decide whether they agree or not to enter into a license agreement. UC Technology reserves the right to modify at any time these General Conditions, by uploading on the Internet Sites a new version. The modifications are taken into account 30 days after their online publishing, and after that an email is sent to every Members that ask for it. During this period of time, any Member can notify his refusal. In this case, this contract, and thus the right to use the services, will finish at the end of the 30-days period. This General Conditions cannot be modified in any other ways except by a written contract signed by both parties. The last modifications brought to the General Conditions are effective since December 2006, the 18th. Acceptation by the Members of the General Conditions of the Pepita platform gives to UC Technology the authorization to put Sellers and Buyers in relation and to carry out the transactions done on the platform (hereafter refered as "the Transactions"). 1. Definition Pepita platform : means the functional or organizational structure put in place by UC Technology to allow Buyers and Sellers of Licenses to find each other. Works : means any creations that can be protected by the Intellectual Property rights, rights of the author or by any other applicable laws, including - but not limited to - music files, drawings, pictures, software, source codes, books, novels, press articles, comics, videos, texts. Seller : means a Member selling or sharing at least one work under one of the Licenses available on the Pepita platform. Buyer : means a Member purchasing or downloading for free a work under one of the License available on the Pepita platform. Member account : means the private part of the website only accessible by a Member. A Member account cannot be sold or transfered to another physical or moral person except after a written agreement from UC Technology. Member(s) : means at singular or plural a Seller or a Buyer that accepted the General Conditions. To benefit from the Internet Site services, all Members must be major or must have a parent/tutor or an adult with him when surfing the Internet Site. In the last case, the parent/tutor or the adult will be responsible for any actions done. If the Member uses the Internet Site in the name of a moral person, he must have the authority to engage the moral person with these General Conditions. Commission : means the remuneration earned by UC Technology as the provider of the Pepita Platform when a Transaction occurs. Price : means the price set by the Seller for the License of his works. The Pepita Commission is deducted from that price. Virtual Purse : designates the virtual purse of a Member that allows him to buy Services or Licenses. Virtual till: means the virtual till of a Seller that allows him to perceive payments when he sells a license of his works. Peps : means the virtual currency of the virtual purse. Forum : means the forum of the Internet Site. Service(s) : means all the services that a Member can buy on the Internet Site 2. Description of the Internet Site and Registration The Internet site provides, among other services, the PepitaPlatform: a service to conclude digital works license agreement. The Internet Site is divided in two parts: a public and a private part. The public part offers to all visitors general informations about the Platform as well as the ability to see the works available on the Platform and the public messages of the Forum, a search engine to find works available on the Platform and a registration form to allow visitors to become Members. The private part is only accessible to the Members. The private part offers the following advantages: (a) the ability to conclude license agreements and to download the works from the Platform (hereafter refered as "Download" or "the Download process"), (b) the ability to post messages in the Forum, (c) the ability for the Sellers to upload their works on the Platform (hereafter refered as "Upload" or "the Upload process") Each Member Account comes with a unique and personal Virtual Purse. Each Seller Account comes with a unique and personal Virtual Till. A Seller Uploads a work through his/her Member Account. Then the Seller chooses one or several licenses for his/her work that determines among other the rights of use, of reproduction and of representation, and finally chooses the according price. A Buyer who wants to download a work must accept the license agreement linked to that work and pay the Price of that License. A Seller can offers his/her work under several different licenses (at the same price or not). 3. UC Technology's duties 3.1 UC Technology commits to put on the Pepita Platform the Sellers' works at the disposal of the Members. As long as the License of a work is available, UC Technology commits to host the work and to handle the download of the work in case of an agreement. If a Member does not respect the effective General Conditions of the Internet Site, UC Technology reserves the right to delete at any time all or a part of the Member's works. 3.2 UC Technology commits not to use the personal information of its Members and commits to keep these informations confidential unless required by law. 3.3 The Internet Site is provided "as is", with no warranty, exception being made for the legal regulations or for the hidden vices. 3.4 UC Technology shall not be held responsible for any damage caused to a Member, such as the losses of exploitation or of informations. UC Technology shall not be held responsible for any disfunction, breakdown, delay or interruption of the Internet access. 3.5 UC Technology is not by any mean the Seller or a reseller of the Works or the Licenses available on its Platform. 3.6 UC Technology cannot guarantee that the Work will satisfy the Buyer. 4. Members' duties 4.1 After registering on the Internet Site, the Member gets a unique and personal access credential, that he/she must keep condiential. The registered Member is the sole person authorized to use the Pepita Platform with this credential. Once the credential choosen by the Member, it is not possible to change it anymore. The Member commits not to create or use other accounts that the one he/she created the first time. Any dispensation to this rule shall obtain a written agreement from UC Technology. Except for written dispensations, UC Technology reserves the right to suspend immediately and with no preliminary notice the accounts of the Member at fault. The Member commits not to grant the access to his account to any other person. Shall the Member be aware of the use of his/her account by another person, the Member will have to inform Pepita immediately. The Member must also precise whether he/she registers as an individual or a company or a moral person (in the latter cases, the Member has to precise the legal informations allowing to identify the company). 4.2 The Member is the sole responsible of the use of the Internet Site in accordance with the General Conditions of use. He/She forbid himself/herself to upload or download, directly or indirectly, works that are contrary to proprieties and to current or coming laws and regulations. The Member forbid himself/herself to proceed with the sales or the purchases of Licenses thanks to nominative informations that he/she could get on the Internet Site. The Member forbid himself/herself to share, sell, purchase or download works that are forgery copies. The Member commits to immediately inform UC Technology (by postal mail, e-mail or through the Forum) of any forgery he/she discovers on the Internet Site. UC Technology reserves the right to communicate all the needed informations, including nominative informations, to the legal authorities in such a case. 4.3 In case of a contesting, the parties accept that the truth will be determine on the strength of the information recorded on the Pepita Platform, including nominative informations. 4.4 The Member acknowledges and accepts the fact that the ownership on the works is not transfered to the buyer and that no sales of the works can be performed through the Pepita Platform. Only the rights expressly sub-licensed in the License agreement are granted through the Pepita Platform. The Member acknowledges and accepts the fact that the Seller keeps the ownership on the works and that those works are protected by the author's rights, a brand name or any other intellectual property right owned by the Seller. 4.5 The Member commits not to insert, on the Internet Site or the forum, any ad about him or about any other person whatever the form it may take (message, logo, email address, link...) without the written agreement of UC Technology. 4.6 The Member commits not to insert any personal information on the Internet Site or the forum that could allow another Member to contact him/her directly whatever the form it may take (address, email address, instant messaging address...) without the written agreement of UC Technology. 4.7 The Member accepts to only use the Internet Site in accordance with these General Conditions. 4.8 The personal information of a Member as well as any work uploaded by a Member : a. shall not be wrong, inaccurate, false; b. shall not infringe any law or regulation (including, but not limited to, those governing the exportations, the consumer's protection, the unfair competition...; c. shall not be slanderous, malicious, obscene, outrageous, pedophile...; d. shall not be covered / protected by the rights of author, a brand name or any other intellectual property that the Member do not own or manage, unless if the Member has a written agreement. e. shall not be discriminatory or encourage racial or religious hatred ; f. shall not contain virus, trojans, worms, logical bombs, cancelbots or any other software that could harm the system, corrupt or spy the data; g. shall not involve the responsability of UC Technology or cause the loss of services on the Internet Site ; h. shall not provide direct or indirect hypertext links to websites or works: i. that are prohibited by these General Conditions ; 4.9 The Member commits neither to post messages on the Forum, nor to upload works or conlude transaction through the Internet Site that would result for UC Technology in the infringement of some law or regulation. 5. Specific duties of the Seller 5.1 The Seller commits to describe the work he/she uploads. In particuler, the Seller will mention the type, the Price and the description of the work. The Seller is solely responsible for the setting of every parts or his/her offer. The Seller is solely responsible for the contents of each text he/she enters to describe his/her offer. The Seller is solely responsible for any complaint related to the content or the form of those texts. The Seller commits to verify, modify, precise and validate the text so that it is the closer to the reality of the work and that it does not mislead the Buyer. In case of such a mistake, the Seller will solely assume any of its consequences without having the possibility to complain to the Buyer or to UC Technology. 5.2 The Seller expressly authorizes UC Technology to get the feedbacks of the Buyers with a system of mark availalble on the Pepita Platform. 5.3 The Seller shall compensate UC Technology and its affiliates, as well as its executives, administrators, employees or representatives, for any complaint, expenses or actions against UC Technology, based on the violation of a third part's right. 5.4 The Seller expressly acknowledges and accepts the fact that the use of the Pepita Platform may be assimilated to a commercial activity that may need to be declared. 5.5 The Seller expressly authorized UC Technology to put a mark on the work he/she uploaded on the Pepita Platform. The Seller acknowledges that UC Technology is not binded to give any explanation regarding the presence or the absence of such a mark. 5.6 The Seller expressly authorizes UC Technology to provide a preview of the work. This preview may be provided by the Seller itself, but, in the case it is not, the Seller authorizes UC Technology to generate one. The Seller authorizes UC Technology to reproduce, communicate, modify this preview to promote the work or the Pepita Platform. This authorization is given free of charges. 6. Specific duties of the Buyer 6.1. The Buyer cannot use, reproduce, distribute, display or create a work based on the works available on the Internet Site unless if he/she has conclude a license agreement that allows him/her to do so. 7. Management and use of the Internet Site 7.1 UC Technology is not under the obligation to review the work or any other material / content transmitted through or uploaded to the Internet Site. UC Technology declines any responsibility reagarding these works or these other material/work. UC Technology can, at its sole discretion, accept, refuse, delete, move any work as well as asking a Seller to modify the description of his/her works. UC Technology can, at any time, delete, move, modify any messages posted on the Forum. 7.2 UC Technology will not be held responsible for the material / content of other websites that the visitor can reach with a link on the Internet Site or on the Forum. 7.3 UC Technology reserves itself the rights to change or stop at any time a service available on the Internet Site. UC Technology is not binded to maintain the whole or a part of the Internet Site. 7.4 The Member acknowledges and accepts the fact that UC Technology stores informations about him/her on his/her computer with one or several "cookies". The cookies are only used for the good working of the Internet site. The Member acknowledges and accepts that the Internet Site can not work if he/she decides to restrict the use of cookies. 8 Financial terms 8.1 Just by accepting these General Conditions, the Seller authorized UC Technology to deduct a commission from the Price of each transaction, for the services offered by UC Technology on its Pepita Platform. The conditions of calculation of the commission are defined below. 8.2 The Commission billed to the Seller by UC Technology for each transaction is the difference between the total amount paid by the Buyer and the amount credited into the Virtual Till of the Seller. The calculation of the commission is detailed on the Internet Site. The commission is payable immediately after that the transaction occurs. 8.3 The Member shall pay any tax, commission and VAT applicable to his/her situation. 9. Terms of the sale 9.1 The sale is considered effective as soon as UC Technology receives and collects the total amount of the transaction paid by the Buyer; The payment of the price of the license by the Buyer to UC Technology equals to an agreement to the conditions of the Seller's offer. 9.2 The Pepita Platform allows UC Technology to collect the price of the transaction in the name of the Seller thanks to the secure system of billing provided by the Platform or by any other mean provided byt UC Technology. 9.4 The Seller hereby grants UC Technology to impound his/her profits made on the Platform to the bank of its choice. The parties agree that this impoundment will only be used in accordance with the terms of these General Conditions. The Seller hereby accepts not to have a claim on the interests or the advantages generated by the impoundment. 9.5 After receiving and collecting the Amount of the Transaction, UC Technology will notify the Buyer and the Seller by email. 9.6 UC Technology is solely authorized to order the bank to proceed with the payment to the Seller of the Price of the Transaction (deduction made of the Commission). The payment will be made into the Virtual Till of the Seller. The Seller aknowledges and accepts that the payment may be delayed in case of a complaint of the Buyer. 10 Virtual Purse and Virtual Till 10.1 The purchases of Licenses and services are realized with the Virtual Purse. The payment of a Seller is done with the Virtual Till. When a Buyer purchases a License, the Price of the License is debited from the Virtual Purse of the Buyer and the Virtual Till of the Seller is credited from this Price minus the Commission. 10.2 The Member hereby accepts not to have a claim on the interests or the advantages generated by the impoundment of the amounts of his/her Virtual Purse or Till. 10.3 A Member can earn Peps in his/her Virtual Purse either by buying them or by participating to special events organized by UC Technology. 10.4 A Member Can'transfer the amount of his/her Virtual Till to his/her Virtual Purse but not the opposite. 10.3 The value of a Peps is equal to the Euro: 1 Peps equals 1 Euro 10.4 The Member can ask UC Technology, through the Pepita Platform, the payment of the whole or a part of the amount of his/her Virtual Till. The terms and conditions of the payment are described on the Internet Site. UC Technology will provide its best efforts to pay the Seller within 5 working days, however no warranty can be given by UC Technology on this period of time. 11 Termination 11.1 This agreement can be terminated by UC Technology or by the Member with no grounds and with a simple notification. 11.1 In the case the Member does not respect one of his/her obligations, UC Technology reserves itself the right to deny the access to the Internet Site to the Member. UC Technology will not compensate the Member for any expense invested for the use of the Internet Site. 11.2 The suspension is immediately effective. However, the suspended Member will still have to pay the transaction that he/she already completed before the effective date of suspension. 11.3 From the date of the termination, (a) all works uploaded by the Member will be deleted of the Internet Site; subject to the possibility for UC Technology to continue using the works for internal backup; (b) all the Peps are paid, after deducting the transaction fees in accordance with the financial conditions of UC Technology. Articles 3, 4, 5, 6, 11 and 12, remains into force at the termination of the agreement. 12 General measures 12.1 The Member will access the Internet Site with his/her own computer equipment. UC Technology does neither provide device, phone line, terminal or other equipments nor Internet software or subscription. 12.2 The Member has a right of access and of modification of the nominative informations stored by UC Technology, in accordance with the law. 12.3 In a case of absolute necessity, the duties of the harmed part will be suspended, especially in the following cases : - government or authorities' actions or omission, - Internetnetwork failures, - insurrection, civil war, war, military operations, emergency, fire, storm, explosion, strike, flooding, caused by a third part. 12.4 In the case one of the conditions or measures is null, illegal or not applicable, all other conditions and measures of this General Conditions remains valid. 12.5 The following agreement is governed by the French Law. Any dispute caused by its interpretation and/or execution shall be resolved by the Tribunals of Paris. UC Technology SARL � 98, avenue Philippe Auguste - 75011 Paris.

Home / Künstler / Musik / Club / E-Store / Photo / Registrieren / Kontakt / Terms : itunes

TERMS OF PEPITA STORE

The following conditions of use (hereafter refered as the "General Conditions") describe the conditions by which the company UC Technology SARL (hereafter refered as "UC Technology") provides access to the services on its websites http://www.pepita.co.uk

, http://www.pepita.fr, http://www.pepita.com.es and http://www.pepita-forum.com (hereafter refered altogether as the "Internet Site").

By clicking on "I accept", you confirm that you accept every stipulations described in these General Conditions. If you do not accept them, you cannot use the services of the Internet Site.

PREAMBLE The Pepita online services (hereafter refered as the "Pepita Platform") allow buyers and sellers of digital works licenses (hereafter refered as "the Licenses") to find each other. Buyers and sellers are altogether refered as "the Members". The Pepita Platform allows members to enter into a license agreement. The Members are the only person who decide whether they agree or not to enter into a license agreement.

UC Technology reserves the right to modify at any time these General Conditions, by uploading on the Internet Sites a new version. The modifications are taken into account 30 days after their online publishing, and after that an email is sent to every Members that ask for it. During this period of time, any Member can notify his refusal. In this case, this contract, and thus the right to use the services, will finish at the end of the 30-days period. This General Conditions cannot be modified in any other ways except by a written contract signed by both parties.

The last modifications brought to the General Conditions are effective since December 2006, the 18th.

Acceptation by the Members of the General Conditions of the Pepita platform gives to UC Technology the authorization to put Sellers and Buyers in relation and to carry out the transactions done on the platform (hereafter refered as "the Transactions").

1. Definition

Pepita platform : means the functional or organizational structure put in place by UC Technology to allow Buyers and Sellers of Licenses to find each other.

Works : means any creations that can be protected by the Intellectual Property rights, rights of the author or by any other applicable laws, including - but not limited to - music files, drawings, pictures, software, source codes, books, novels, press articles, comics, videos, texts.

Seller : means a Member selling or sharing at least one work under one of the Licenses available on the Pepita platform.

Buyer : means a Member purchasing or downloading for free a work under one of the License available on the Pepita platform.

Member account : means the private part of the website only accessible by a Member. A Member account cannot be sold or transfered to another physical or moral person except after a written agreement from UC Technology.

Member(s) : means at singular or plural a Seller or a Buyer that accepted the General Conditions. To benefit from the Internet Site services, all Members must be major or must have a parent/tutor or an adult with him when surfing the Internet Site. In the last case, the parent/tutor or the adult will be responsible for any actions done. If the Member uses the Internet Site in the name of a moral person, he must have the authority to engage the moral person with these General Conditions.

Commission : means the remuneration earned by UC Technology as the provider of the Pepita Platform when a Transaction occurs.

Price : means the price set by the Seller for the License of his works. The Pepita Commission is deducted from that price.

Virtual Purse : designates the virtual purse of a Member that allows him to buy Services or Licenses.

Virtual till: means the virtual till of a Seller that allows him to perceive payments when he sells a license of his works.

Peps : means the virtual currency of the virtual purse.

Forum : means the forum of the Internet Site.

Service(s) : means all the services that a Member can buy on the Internet Site

2. Description of the Internet Site and Registration

The Internet site provides, among other services, the PepitaPlatform: a service to conclude digital works license agreement. The Internet Site is divided in two parts: a public and a private part. The public part offers to all visitors general informations about the Platform as well as the ability to see the works available on the Platform and the public messages of the Forum, a search engine to find works available on the Platform and a registration form to allow visitors to become Members.

The private part is only accessible to the Members. The private part offers the following advantages:

(a) the ability to conclude license agreements and to download the works from the Platform (hereafter refered as "Download" or "the Download process"),

(b) the ability to post messages in the Forum,

(c) the ability for the Sellers to upload their works on the Platform (hereafter refered as "Upload" or "the Upload process")

Each Member Account comes with a unique and personal Virtual Purse.

Each Seller Account comes with a unique and personal Virtual Till.

A Seller Uploads a work through his/her Member Account. Then the Seller chooses one or several licenses for his/her work that determines among other the rights of use, of reproduction and of representation, and finally chooses the according price.

A Buyer who wants to download a work must accept the license agreement linked to that work and pay the Price of that License.

A Seller can offers his/her work under several different licenses (at the same price or not).

3. UC Technology's duties

3.1 UC Technology commits to put on the Pepita Platform the Sellers' works at the disposal of the Members. As long as the License of a work is available, UC Technology commits to host the work and to handle the download of the work in case of an agreement. If a Member does not respect the effective General Conditions of the Internet Site, UC Technology reserves the right to delete at any time all or a part of the Member's works.

3.2 UC Technology commits not to use the personal information of its Members and commits to keep these informations confidential unless required by law.

3.3 The Internet Site is provided "as is", with no warranty, exception being made for the legal regulations or for the hidden vices.

3.4 UC Technology shall not be held responsible for any damage caused to a Member, such as the losses of exploitation or of informations. UC Technology shall not be held responsible for any disfunction, breakdown, delay or interruption of the Internet access.

3.5 UC Technology is not by any mean the Seller or a reseller of the Works or the Licenses available on its Platform.

3.6 UC Technology cannot guarantee that the Work will satisfy the Buyer.

4. Members' duties

4.1 After registering on the Internet Site, the Member gets a unique and personal access credential, that he/she must keep condiential. The registered Member is the sole person authorized to use the Pepita Platform with this credential. Once the credential choosen by the Member, it is not possible to change it anymore.

The Member commits not to create or use other accounts that the one he/she created the first time. Any dispensation to this rule shall obtain a written agreement from UC Technology. Except for written dispensations, UC Technology reserves the right to suspend immediately and with no preliminary notice the accounts of the Member at fault.

The Member commits not to grant the access to his account to any other person. Shall the Member be aware of the use of his/her account by another person, the Member will have to inform Pepita immediately.

The Member must also precise whether he/she registers as an individual or a company or a moral person (in the latter cases, the Member has to precise the legal informations allowing to identify the company).

4.2 The Member is the sole responsible of the use of the Internet Site in accordance with the General Conditions of use. He/She forbid himself/herself to upload or download, directly or indirectly, works that are contrary to proprieties and to current or coming laws and regulations. The Member forbid himself/herself to proceed with the sales or the purchases of Licenses thanks to nominative informations that he/she could get on the Internet Site. The Member forbid himself/herself to share, sell, purchase or download works that are forgery copies. The Member commits to immediately inform UC Technology (by postal mail, e-mail or through the Forum) of any forgery he/she discovers on the Internet Site. UC Technology reserves the right to communicate all the needed informations, including nominative informations, to the legal authorities in such a case.

4.3 In case of a contesting, the parties accept that the truth will be determine on the strength of the information recorded on the Pepita Platform, including nominative informations.

4.4 The Member acknowledges and accepts the fact that the ownership on the works is not transfered to the buyer and that no sales of the works can be performed through the Pepita Platform. Only the rights expressly sub-licensed in the License agreement are granted through the Pepita Platform. The Member acknowledges and accepts the fact that the Seller keeps the ownership on the works and that those works are protected by the author's rights, a brand name or any other intellectual property right owned by the Seller.

4.5 The Member commits not to insert, on the Internet Site or the forum, any ad about him or about any other person whatever the form it may take (message, logo, email address, link...) without the written agreement of UC Technology.

4.6 The Member commits not to insert any personal information on the Internet Site or the forum that could allow another Member to contact him/her directly whatever the form it may take (address, email address, instant messaging address...) without the written agreement of UC Technology.

4.7 The Member accepts to only use the Internet Site in accordance with these General Conditions.

4.8 The personal information of a Member as well as any work uploaded by a Member :

a. shall not be wrong, inaccurate, false;

b. shall not infringe any law or regulation (including, but not limited to, those governing the exportations, the consumer's protection, the unfair competition...;

c. shall not be slanderous, malicious, obscene, outrageous, pedophile...;

d. shall not be covered / protected by the rights of author, a brand name or any other intellectual property that the Member do not own or manage, unless if the Member has a written agreement.

e. shall not be discriminatory or encourage racial or religious hatred ;

f. shall not contain virus, trojans, worms, logical bombs, cancelbots or any other software that could harm the system, corrupt or spy the data;

g. shall not involve the responsability of UC Technology or cause the loss of services on the Internet Site ;

h. shall not provide direct or indirect hypertext links to websites or works:

i. that are prohibited by these General Conditions ;

4.9 The Member commits neither to post messages on the Forum, nor to upload works or conlude transaction through the Internet Site that would result for UC Technology in the infringement of some law or regulation.

5. Specific duties of the Seller

5.1 The Seller commits to describe the work he/she uploads. In particuler, the Seller will mention the type, the Price and the description of the work. The Seller is solely responsible for the setting of every parts or his/her offer. The Seller is solely responsible for the contents of each text he/she enters to describe his/her offer. The Seller is solely responsible for any complaint related to the content or the form of those texts. The Seller commits to verify, modify, precise and validate the text so that it is the closer to the reality of the work and that it does not mislead the Buyer. In case of such a mistake, the Seller will solely assume any of its consequences without having the possibility to complain to the Buyer or to UC Technology.

5.2 The Seller expressly authorizes UC Technology to get the feedbacks of the Buyers with a system of mark availalble on the Pepita Platform.

5.3 The Seller shall compensate UC Technology and its affiliates, as well as its executives, administrators, employees or representatives, for any complaint, expenses or actions against UC Technology, based on the violation of a third part's right.

5.4 The Seller expressly acknowledges and accepts the fact that the use of the Pepita Platform may be assimilated to a commercial activity that may need to be declared.

5.5 The Seller expressly authorized UC Technology to put a mark on the work he/she uploaded on the Pepita Platform. The Seller acknowledges that UC Technology is not binded to give any explanation regarding the presence or the absence of such a mark.

5.6 The Seller expressly authorizes UC Technology to provide a preview of the work. This preview may be provided by the Seller itself, but, in the case it is not, the Seller authorizes UC Technology to generate one. The Seller authorizes UC Technology to reproduce, communicate, modify this preview to promote the work or the Pepita Platform. This authorization is given free of charges.

6. Specific duties of the Buyer

6.1. The Buyer cannot use, reproduce, distribute, display or create a work based on the works available on the Internet Site unless if he/she has conclude a license agreement that allows him/her to do so.

7. Management and use of the Internet Site

7.1 UC Technology is not under the obligation to review the work or any other material / content transmitted through or uploaded to the Internet Site. UC Technology declines any responsibility reagarding these works or these other material/work. UC Technology can, at its sole discretion, accept, refuse, delete, move any work as well as asking a Seller to modify the description of his/her works. UC Technology can, at any time, delete, move, modify any messages posted on the Forum.

7.2 UC Technology will not be held responsible for the material / content of other websites that the visitor can reach with a link on the Internet Site or on the Forum.

7.3 UC Technology reserves itself the rights to change or stop at any time a service available on the Internet Site. UC Technology is not binded to maintain the whole or a part of the Internet Site.

7.4 The Member acknowledges and accepts the fact that UC Technology stores informations about him/her on his/her computer with one or several "cookies". The cookies are only used for the good working of the Internet site. The Member acknowledges and accepts that the Internet Site can not work if he/she decides to restrict the use of cookies.

8 Financial terms

8.1 Just by accepting these General Conditions, the Seller authorized UC Technology to deduct a commission from the Price of each transaction, for the services offered by UC Technology on its Pepita Platform. The conditions of calculation of the commission are defined below.

8.2 The Commission billed to the Seller by UC Technology for each transaction is the difference between the total amount paid by the Buyer and the amount credited into the Virtual Till of the Seller. The calculation of the commission is detailed on the Internet Site. The commission is payable immediately after that the transaction occurs.

8.3 The Member shall pay any tax, commission and VAT applicable to his/her situation.

9. Terms of the sale

9.1 The sale is considered effective as soon as UC Technology receives and collects the total amount of the transaction paid by the Buyer; The payment of the price of the license by the Buyer to UC Technology equals to an agreement to the conditions of the Seller's offer.

9.2 The Pepita Platform allows UC Technology to collect the price of the transaction in the name of the Seller thanks to the secure system of billing provided by the Platform or by any other mean provided byt UC Technology.

9.4 The Seller hereby grants UC Technology to impound his/her profits made on the Platform to the bank of its choice. The parties agree that this impoundment will only be used in accordance with the terms of these General Conditions. The Seller hereby accepts not to have a claim on the interests or the advantages generated by the impoundment.

9.5 After receiving and collecting the Amount of the Transaction, UC Technology will notify the Buyer and the Seller by email.

9.6 UC Technology is solely authorized to order the bank to proceed with the payment to the Seller of the Price of the Transaction (deduction made of the Commission). The payment will be made into the Virtual Till of the Seller. The Seller aknowledges and accepts that the payment may be delayed in case of a complaint of the Buyer.

10 Virtual Purse and Virtual Till

10.1 The purchases of Licenses and services are realized with the Virtual Purse. The payment of a Seller is done with the Virtual Till. When a Buyer purchases a License, the Price of the License is debited from the Virtual Purse of the Buyer and the Virtual Till of the Seller is credited from this Price minus the Commission.

10.2 The Member hereby accepts not to have a claim on the interests or the advantages generated by the impoundment of the amounts of his/her Virtual Purse or Till.

10.3 A Member can earn Peps in his/her Virtual Purse either by buying them or by participating to special events organized by UC Technology.

10.4 A Member Can'transfer the amount of his/her Virtual Till to his/her Virtual Purse but not the opposite.

10.3 The value of a Peps is equal to the Euro: 1 Peps equals 1 Euro

10.4 The Member can ask UC Technology, through the Pepita Platform, the payment of the whole or a part of the amount of his/her Virtual Till. The terms and conditions of the payment are described on the Internet Site. UC Technology will provide its best efforts to pay the Seller within 5 working days, however no warranty can be given by UC Technology on this period of time.

11 Termination

11.1 This agreement can be terminated by UC Technology or by the Member with no grounds and with a simple notification.

11.1 In the case the Member does not respect one of his/her obligations, UC Technology reserves itself the right to deny the access to the Internet Site to the Member. UC Technology will not compensate the Member for any expense invested for the use of the Internet Site.

11.2 The suspension is immediately effective. However, the suspended Member will still have to pay the transaction that he/she already completed before the effective date of suspension.

11.3 From the date of the termination, (a) all works uploaded by the Member will be deleted of the Internet Site; subject to the possibility for UC Technology to continue using the works for internal backup; (b) all the Peps are paid, after deducting the transaction fees in accordance with the financial conditions of UC Technology. Articles 3, 4, 5, 6, 11 and 12, remains into force at the termination of the agreement.

12 General measures

12.1 The Member will access the Internet Site with his/her own computer equipment. UC Technology does neither provide device, phone line, terminal or other equipments nor Internet software or subscription.

12.2 The Member has a right of access and of modification of the nominative informations stored by UC Technology, in accordance with the law.

12.3 In a case of absolute necessity, the duties of the harmed part will be suspended, especially in the following cases :

- government or authorities' actions or omission,

- Internetnetwork failures,

- insurrection, civil war, war, military operations, emergency, fire, storm, explosion, strike, flooding, caused by a third part.

12.4 In the case one of the conditions or measures is null, illegal or not applicable, all other conditions and measures of this General Conditions remains valid.

12.5 The following agreement is governed by the French Law. Any dispute caused by its interpretation and/or execution shall be resolved by the Tribunals of Paris.

UC Technology SARL � 98, avenue Philippe Auguste - 75011 Paris.