1.1 The purpose of these General Terms and Conditions of Use (hereinafter "the GTCU") is to provide a legal framework for the use of the Debate Forum on websites offering the Debate Forum to their readership.
This contract is concluded between : - The publisher of the Site, hereinafter referred to as "the Publisher"; and - Any individual wishing to use the Debate Space, hereinafter referred to as "the User".
When registering for the Debate Space and during subsequent use, the User accepts, without reservation, these GCU and undertakes to comply with them. The conditions applicable are those in force at the date and time of connection to the Debate Space.
Contributions: opinions, votes, sources and participation in debates in order to contribute articles and be published on the Site.
Debate Area: space allowing the User to submit a Contribution which may be published on the Site.
Site: the Publisher's site where the Debate Space is located.
2. The Debate Space
Generally speaking, the User is only granted a personal, non-exclusive and non-transferable right to access and use the services offered in the Debate Space. Any other right is expressly excluded in the absence of the Publisher's prior written consent. The Debate Lounge is in principle accessible 24 hours a day, 7 days a week. It may be interrupted or suspended by the Publisher, in particular for maintenance purposes, without any prior notice or justification being required. Any User with Internet access may access the Debate Space free of charge from anywhere in the world. The costs incurred by the User in accessing the Debate Space (internet connection, computer equipment, etc.) shall not be borne by the Publisher.
All Users must register by creating a personal account in order to access the Debate Space.
Registration on the Site and identification of the User are compulsory in order to access the Debate Space.
During the registration procedure, the User will be asked to provide personal information enabling him/her to be identified (surname, first name, e-mail address, telephone number). Users undertake to provide accurate and complete information, failing which all their Contributions will be deleted. They are also required to update any obsolete mandatory information concerning them.
Completion of the User's registration implies full acceptance of these GCU.
The User may terminate his/her registration at any time by simply requesting the Publisher to do so. The Publisher reserves the right to delete at any time, on becoming aware of it, all Contributions by a User who has failed to comply with these GTC.
3. Responsibility of the User - User Charter
The User is responsible for the risks associated with the use of his/her login and password.
The User is solely responsible for the confidentiality and safekeeping of the passwords required to use the Debate Space. The Publisher accepts no liability in the event of disclosure or illicit or fraudulent use of the passwords made available to the User. In the event of fraudulent use of the User's password, the User must inform the Publisher immediately. The User may be held liable for any improper and/or unlawful use made of the said passwords.
The User warrants to the Publisher that his/her Contributions do not infringe any regulations, the rights of third parties, public decency or the ethical rules of the Publisher, and that they comply with the provisions of these GTC.
The User undertakes to use the Discussion Forum in strict compliance with the regulations and these GTC.
The following in particular are prohibited and may be punishable by law:
- Invasion of privacy;
- Attacks or insinuations based on race, creed or lack thereof, ethnic origin, gender or sexual orientation;
- Obscene messages, insulting, aggressive or impolite remarks, insults and harassment;
- Provocation of minors to commit illegal or dangerous acts;
- Violent, pornographic or paedophile messages;
- Incitement to hatred or violence;
- Offences against human dignity;
- Incitement to consume prohibited substances;
- Incitement to commit crimes and offences and incitement to suicide;
- Apology for all crimes, in particular murder, rape, war crimes, crimes against humanity and acts of terrorism, contempt;
- Revisionism and Holocaust denial;
- Proselytism and propaganda;
- False news likely to disturb public order;
- Any message that contravenes copyright or related rights, the law applicable to databases or image rights, or that contravenes any other legislative or regulatory provision in force;
- The mention of personal data in the text of Contributions, for example names, postal addresses, emails or telephone numbers;
- Any contribution misappropriated for advertising or commercial purposes;
- The transmission of viruses or any other harmful or destructive programmes.
The User undertakes not to disseminate Contributions whose confidentiality he or she wishes to be absolutely guaranteed.
The publication of Contributions by the User is carried out under the User's sole responsibility, and the User alone assumes responsibility for the content thereof.
The User accepts that these Contributions may be moderated or rejected at the sole discretion of the Publisher, without any obligation to provide justification.
In addition, the moderation system is based in particular on the ethical rules established by the Publisher and on Logora's Moderation Charter available at the following URL: Moderation Charter.
The User is hereby informed that, given the intrinsic characteristics of the Internet, the content it publishes is subject to misappropriation and/or piracy. The Publisher may not be held liable for any loss or damage that may result from a breach of the above obligations or from the use of this Discussion Forum.
The User warrants to the Publisher that he/she is using the Debate Space in his/her own name and that the personal details he/she has provided are accurate and up to date.
We rely on the goodwill and vigilance of Users to inform the Publisher of any inappropriate Contributions by clicking on the "Report" button.
Any breach by the User of these obligations resulting in damage to the Publisher shall be subject to compensation payable to the Publisher. In addition, in the event of a breach by a User of any of the provisions of these TOS or, more generally, of any applicable laws or regulations, the Publisher reserves the right to suspend or terminate the User's access to the Discussion Space, delete all of the User's published Contributions, notify any relevant authority and take any legal action it deems appropriate.
4. Liability of the Publisher
The Publisher shall not be held liable :
- for any damage, whether material or immaterial, caused to Users' computer equipment and to data stored in the Debate Space, or for any consequences thereof for their personal, professional or commercial activity.
- in the event that a User is unable to use the Debate Space service due to any technical fault or problem related in particular to network congestion or interruption.
- in the event of force majeure. In accordance with Article 1218 of the French Civil Code, force majeure occurs when an event beyond the control of the Publisher, which could not reasonably have been foreseen when the contract was concluded and the effects of which cannot be avoided by appropriate measures, prevents the Publisher from performing its obligation.
5. User contributions
Users declare that they hold the intellectual property rights to the Contributions or have obtained all authorisations from the holder of the copyright to the Contributions provided for publication on all media published by the Publisher.
These rights, which are exploited directly by the Publisher, consist of all the rights to reproduce and represent the Contribution on these media. This transfer is granted worldwide and for the duration of copyright protection. The User warrants to the Publisher that he/she has not transferred any reproduction that may infringe the rights of third parties and that may give rise to actions based in particular on counterfeiting, unfair competition, image rights, respect for privacy, civil liability or cause any disturbance whatsoever to the exploitation of the rights transferred.
Lastly, the Contributions may be used by the Publisher on all media published by the latter.
6. Protection of personal data
The Publisher undertakes to use its best endeavours to comply with all legal and regulatory provisions relating to the protection of personal data and, in particular, with the provisions of the EU General Data Protection Regulation 2016/679 (GDPR) and the amended French Data Protection Act No. 78-17 of 6 January 1978 (LIL).
7. Changes to the General Terms and Conditions of Use
The Publisher reserves the right to modify these Terms and Conditions at any time without notice. These Terms and Conditions are accessible in the Discussion Area. The Publisher invites Users to consult them regularly.
8. Applicable law and jurisdiction
These GTUs shall be governed, interpreted and applied in accordance with French law. Any dispute shall be submitted to the exclusive jurisdiction of the competent courts.
9. Date of last update
The TOS were last updated on [to be completed].