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INFINITE CRÆKEN

General Terms of Use

Effective as of

This English version is a translation provided for information purposes only. In the event of any discrepancy, the French version shall prevail.

Article 1: Purpose and scope

These general terms of use (hereinafter the “Terms of Use”) set out the terms and conditions under which Infinite Cræken SAS (hereinafter the “Publisher”) makes available the website accessible at https://craeken.com (hereinafter the “Site”), as well as the rights and obligations of any person who accesses or uses it (hereinafter the “User”).

The Terms of Use govern the use of the Site only. Any order for products or services from the Publisher (digital downloads, voluntary contributions, consulting services) is governed by the Terms of Sale, accessible from every page of the Site. In the event of any conflict between the Terms of Use and the Terms of Sale regarding an order, the Terms of Sale shall prevail.

The Terms of Use are supplemented by the following documents, accessible in the footer of the Site: the Imprint, the Privacy Statement and the Cookie Policy.

Article 2: Identification of the Publisher

The Site is published by Infinite Cræken, a simplified joint-stock company (société par actions simplifiée) with a share capital of EUR 500.00, registered with the Lorient Trade and Companies Register (RCS) under number 990 859 852 (EUID FR5601.990859852), with its registered office at 6 rue du Père Éternel, 56400 Auray, France. The company is represented by Anna Calloch, President, and Kai-Patrick Francis, Managing Director (Directeur général).

EU VAT number: FR18 990 859 852

Phone: +33 9 72 21 19 37 (local call rate, depending on your provider)

Email: co*****@*****en.com

Director of publication: Anna Calloch, in her capacity as legal representative.

The Site is hosted by LWS (Ligne Web Services SAS), 4 rue Galvani, 75017 Paris, France, https://www.lws.fr.

Article 3: Acceptance of the Terms of Use

By simply browsing the Site, the User acknowledges having been informed of the Terms of Use, which are accessible at any time via a link in the footer.

For any action involving active participation by the User (creating an account, subscribing to the newsletter, making a contribution, posting a comment, submitting a form), the User is asked to expressly accept the Terms of Use by ticking the box provided for this purpose. The Publisher keeps a record of this acceptance as evidence. Without acceptance, the User cannot access the service concerned.

The applicable Terms of Use are those in force on the date the Site is used or the Terms of Use are accepted.

Article 4: Description of the Site and services

The Site is the official website of Infinite Cræken SAS, a company whose main activities are consulting and services, in particular in the fields of strategy, management, finance, organisation, project management, digital transformation and information systems (NAF code 70.22Z), as well as, among others, the publishing of books, ebooks and publications and the creation, production, distribution and sale of content. In particular, the Site allows the User to:

The Publisher may develop, add or withdraw services, while respecting the rights acquired by Users, in particular ongoing recurring contributions governed by the Terms of Sale.

Article 5: Access to the Site

The Site is accessible free of charge to any User with internet access. All costs of access and equipment (hardware, software, connection) are borne by the User.

The Publisher uses reasonable means to ensure continuous access to the Site, without any obligation of result. Access may be temporarily suspended, in particular for maintenance or updates, in the event of a breakdown or force majeure within the meaning of Article 1218 of the French Civil Code. Where possible, the Publisher endeavours to inform Users of scheduled interruptions in advance.

Article 6: Third-party platforms and services

Certain products and services related to the Publisher’s activities are offered, sold, distributed or provided through independent third-party platforms, including (non-exhaustive list):

When the User accesses these platforms or makes a purchase through them, the User enters into a contractual relationship directly with the operator of the platform concerned, under that platform’s own terms of use, terms of sale and privacy policy, which the User is invited to read. In particular, for products sold on Amazon, Kobo or Spreadshirt, the platform concerned acts as the seller and is solely responsible for the order, payment, delivery, after-sales service and legal warranties relating to that sale. In such cases, the Publisher acts only as author, rights holder or designer of the artwork.

The Publisher has no control over the operation of these platforms and cannot be held liable for their practices. It nevertheless undertakes to assist the User, to the best of its ability, with any difficulty relating to one of the Publisher’s works or products.

Article 7: User account

Access to certain services (for example managing a recurring contribution) may require creating an account or signing in via a third-party account (for example a Google account). The User undertakes to provide accurate information and to keep it up to date.

The User is responsible for keeping their login credentials confidential and for any use of their account, unless they can show fraudulent use not attributable to them. The User shall inform the Publisher without delay of any unauthorised use of their account.

The User may request deletion of their account at any time, free of charge, from their personal area where this feature exists, or by email to the address given in Article 2. Deleting the account does not affect ongoing recurring contributions, which must be cancelled as set out in the Terms of Sale.

Article 8: User obligations

The User undertakes to use the Site in accordance with its intended purpose, these Terms of Use and applicable law. In particular, the User shall not:

Article 9: Intellectual property

The Site and all its elements (texts, excerpts of works, illustrations, photographs, videos, sounds, logos, trademarks, visual identity, database, code) are protected by the French Intellectual Property Code and belong to the Publisher or its licensors.

The User may view this content for strictly personal and private use. Any reproduction, performance, adaptation, translation, distribution or exploitation, in whole or in part, by any means whatsoever, for purposes other than such private use, and in particular for commercial or advertising purposes, is prohibited without the Publisher’s prior written authorisation and constitutes infringement punishable under Articles L335-2 et seq. of the French Intellectual Property Code.

Exceptions provided by law remain permitted, in particular analyses and short quotations justified by the critical, educational or informative nature of the work, provided that the author’s name and the source are clearly indicated (Article L122-5 of the French Intellectual Property Code).

Text and data mining. In accordance with Article L122-5-3 of the French Intellectual Property Code and Article 4 of Directive (EU) 2019/790, the Publisher expressly reserves its rights and objects to any text and data mining of the Site’s content, including for the purpose of training artificial intelligence systems, without its prior written authorisation. This reservation is also expressed by machine-readable means.

Sharing links to the Site’s pages and forwarding the Publisher’s newsletter in its complete, unmodified electronic form are permitted.

Article 10: Comments, content and ideas submitted by the User

Comments. The Site allows Users to post comments on articles. To post a comment, the User provides a name or pseudonym and an email address (which is not published) and accepts these Terms of Use by ticking the box provided. Comments are public and visible to all visitors of the Site. Users are asked not to include personal data about themselves or third parties.

Comments must relate to the article concerned and remain courteous. In particular, unlawful, abusive, defamatory, discriminatory, hateful or sexual content, content infringing the privacy or intellectual property rights of third parties, as well as advertising, promotional links and repetitive messages (spam) are prohibited. Comments may be moderated before or after publication. The Publisher may refuse, hide or delete any comment that breaches these rules; it informs the author by email, stating the reason, except in cases of obvious spam.

With regard to comments, the Publisher acts as a hosting provider within the meaning of Article 6 of French Law No. 2004-575 of 21 June 2004 and Regulation (EU) 2022/2065. It can only be held liable for a comment if it had actual knowledge of its manifestly unlawful nature and failed to act promptly to remove it. Each author is solely responsible for the comments they post.

Rights in content. The User retains the rights to their comments and content. The User grants the Publisher, free of charge and on a non-exclusive basis, worldwide and for as long as the content is displayed on the Site, the right to reproduce and display that content on the Site and on the Publisher’s social media accounts, for the sole purpose of making it visible. The User may request removal of their content at any time.

The User warrants that they hold the necessary rights to the content they publish and that it does not infringe the rights of third parties. The Publisher may moderate, refuse or remove any content that breaches these Terms of Use or the law.

The Publisher does not solicit manuscripts, ideas or creative projects through the Site. Any unsolicited submission creates no obligation on the Publisher’s part, in particular no duty of confidentiality, unless agreed in writing beforehand (for example a non-disclosure agreement or a publishing contract).

Article 11: Reporting unlawful content

Any User may report content they consider unlawful to the Publisher by email at co*****@*****en.com, stating: their contact details, a description and the precise location (URL) of the content, the reasons why they consider it unlawful, and a statement confirming their good faith. The Publisher processes reports as quickly as possible, in accordance with French Law No. 2004-575 of 21 June 2004 on confidence in the digital economy and Regulation (EU) 2022/2065 on digital services.

This address is the Publisher’s single point of contact for Users and authorities. Communication may take place in French, English or German.

Article 12: Hyperlinks

The Site may contain links to third-party websites. The Publisher has no control over these websites and accepts no liability for their content, availability or personal data practices, unless it was aware of the unlawful nature of content and failed to act promptly to remove the link.

Links to the home page or internal pages of the Site may be created freely, provided that no framing or embedding techniques are used and that the Publisher’s image is not harmed. The Publisher may request the removal of a link at any time.

Article 13: Liability

The Publisher endeavours to provide accurate and up-to-date information on the Site. This information is general and indicative only and does not constitute personalised legal, financial, tax or professional advice, which is provided exclusively under a contracted consulting service.

The Publisher cannot be held liable in the event of force majeure, the unforeseeable and insurmountable act of a third party, or fault on the part of the User, in particular use of the Site not in accordance with these Terms of Use, or incompatibility of the Site with the User’s equipment.

The User is liable for any damage they cause to the Publisher or third parties through use of the Site in breach of these Terms of Use.

Nothing in these Terms of Use excludes or limits the Publisher’s liability for personal injury, gross negligence or wilful misconduct, or deprives a User who is a consumer of the rights granted by the mandatory provisions of the French Consumer Code.

Article 14: Personal data and cookies

The Publisher processes Users’ personal data as data controller, in accordance with Regulation (EU) 2016/679 (GDPR) and amended French Law No. 78-17 of 6 January 1978 (“Informatique et Libertés”).

The purposes, legal bases, retention periods, recipients and any transfers outside the European Union are detailed in the Privacy Statement. The User has the right of access, rectification, erasure, restriction, portability and objection, the right to withdraw consent at any time, and the right to give instructions regarding their data after death. These rights may be exercised by email at gd**@*****en.com or via the request form available on the Site. The User may lodge a complaint with the CNIL (www.cnil.fr), the French data protection authority.

On the first visit, a banner allows the User to accept, refuse or customise non-essential cookies and trackers (audience measurement, personalised advertising), with refusing being as easy as accepting. Cookies strictly necessary for the Site to function are set without consent. The User may change their choices at any time via the “Manage consent” link on the Site. Details are set out in the Cookie Policy.

Article 15: Suspension of access

In the event of a serious or repeated breach of these Terms of Use by the User, the Publisher may suspend or delete the User’s account after formal notice has remained unanswered for eight (8) days, or immediately in the event of a threat to the security of the Site or manifestly unlawful content. The User is informed by email, stating the reason. Suspension is without prejudice to the User’s rights under ongoing orders and recurring contributions, which are governed by the Terms of Sale.

Article 16: Changes to the Terms of Use

The Publisher may amend these Terms of Use to reflect changes to the Site, its services or applicable regulations. Users with an account or subscribed to the newsletter are informed by email at least thirty (30) days before any material change takes effect. A User who does not accept the new Terms of Use may stop using the Site and delete their account free of charge. Changes do not apply to orders already placed or to ongoing recurring contributions, which remain governed by the Terms of Sale in force at the time they were concluded.

Article 17: Language

These Terms of Use are drafted in French. English and German translations are provided for information purposes only. In the event of any discrepancy, only the French version shall prevail.

Article 18: Governing law and dispute resolution

These Terms of Use are governed by French law.

In the event of a problem, the User is invited to contact the Publisher first in order to seek an amicable solution. A User who is a consumer may also refer the matter, free of charge, to the consumer mediator designated by the Publisher: CM2C, Centre de la Médiation de la Consommation de Conciliateurs de Justice, 49 rue de Ponthieu, 75008 Paris, France, https://www.cm2c.net, under the conditions set out in Articles L611-1 et seq. of the French Consumer Code.

Failing an amicable solution, the dispute shall be brought before the competent French courts. A User who is a consumer may, at their choice, bring proceedings before the court of the place where they resided at the time the contract was concluded or the harmful event occurred, and retains the benefit of the mandatory provisions of the law of their country of habitual residence. If the User is a business, exclusive jurisdiction is conferred on the Commercial Court of Lorient (Tribunal de commerce de Lorient).

Article 19: Contact

For any questions about these Terms of Use: Infinite Cræken SAS, 6 rue du Père Éternel, 56400 Auray, France, co*****@*****en.com, +33 9 72 21 19 37.