1.1 The purpose of these General Terms and Conditions of Use (hereinafter referred to as the "GTCU") is to provide a legal framework for the use of the Debate Space on sites offering the Debate Space to their readers.
This contract is concluded between : - The publisher of the Site, hereinafter referred to as "the Publisher" and ; - Any natural person wishing to use the Debate Space, hereinafter referred to as the "User".
By using the Debate Space, the User accepts, without reservation, the present GTC and undertakes to respect 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 to feed articles and be published on the Site.
Debate space: space allowing the User to post a Contribution that can be broadcast on the Site.
Site: Publisher's site where the Debate Space is located.
Generally speaking, the User is only granted a personal, non-exclusive and non-transferable right to access and use the services offered on the Debate Space. Any other right is expressly excluded in the absence of prior written agreement from the Publisher. The Debate Space 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 obligation to give prior notice or justification. Any User with access to the Internet may access the Debate Space free of charge from anywhere in the world. The costs incurred by the User to access the Debate Space (internet connection, computer equipment, etc.) are not borne by the Publisher.
All Users must register by creating a personal account 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 process, the User will be asked to provide personal information allowing him/her to be identified (surname, first name, e-mail address, telephone number). The User undertakes to provide accurate and complete information or, have all his/her contributions deleted. The User is also required to update any obsolete mandatory information concerning him/her.
The User may terminate his registration at any time, by simple request to the Publisher. The Editor reserves the right to delete at any time as soon as it is aware of all Contributions of a User who has not complied with these Terms.
The User is responsible for the risks associated with the use of his/her login and password.
The User is the only one responsible for the confidentiality and the conservation of the passwords necessary to the use of the Debate Space. The Publisher declines all responsibility in case of disclosure, illicit or fraudulent use of the passwords made available to the User. In case of fraudulent use of the latter, the User must immediately inform the Publisher. The User may be held liable for any abusive and/or illicit use made of said passwords.
The User warrants to the Publisher that his Contributions do not infringe the regulations, rights of third parties, good morals or ethical rules of the Publisher; and that they comply with the provisions of these TOU.
The User undertakes to use the Debate Space in strict compliance with the regulations and these GTC.
In particular, the following are prohibited and may be subject to criminal sanctions
Invasion of privacy ;
Attacks or innuendo based on race, creed or lack thereof, ethnic origin, gender or sexual orientation;
Obscene messages, insulting, aggressive or rude language, name-calling and harassment;
Causing minors to commit unlawful or dangerous acts;
violent, pornographic or paedophile messages;
Incitement to hatred or violence ;
Violations of human dignity ;
Incitement to use prohibited substances;
Provocation to commit crimes and offences and provocation to commit suicide ;
Apology for all crimes, including murder, rape, war crimes, crimes against humanity and acts of terrorism, contempt ;
Revisionism and Holocaust denial;
Proselytizing and propaganda ;
False news likely to disturb the public order ;
Any message that is contrary to copyright or related rights, to the law applicable to databases or to image rights, or that infringes 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 misused for advertising or commercial purposes;
The transmission of viruses or any other harmful or destructive program.
The User undertakes not to disseminate Contributions whose confidentiality he or she would like to be absolutely guaranteed.
The publication of the Contributions by the User is carried out under his entire responsibility, the User being solely responsible for their content.
The User agrees that such Contributions may be moderated or rejected at the sole discretion of the Publisher, without any obligation to provide reasons.
In addition, the moderation system is based in particular on the ethical rules established by the Publisher as well as on the Moderation Charter of Logora available via the following URL: Moderation Charter
The User is informed that, given the intrinsic characteristics of the Internet, the content he or she distributes is subject to misappropriation and/or piracy. The Publisher shall not be liable for any loss or damage that may result from a failure to comply with 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 data he/she has entered is accurate and up-to-date.
We rely on the goodwill and vigilance of Users to report any inappropriate Contributions to the Editor 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 to the Publisher. Furthermore, in the event of a breach of any of the provisions of these TOS or, more generally, of the laws and regulations in force by a User, the Publisher reserves the right to suspend or terminate the User's access to the Debate Space, to delete all his published Contributions, to notify any relevant authority, and to initiate any legal action.
The Publisher shall not be held responsible:
for any damage, material or immaterial, caused to the Users' computer equipment and to the data stored in the Debate Space, nor for the consequences that may arise from this on 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 case of force majeure. In accordance with Article 1218 of the Civil Code, force majeure occurs when an event beyond the control of the Publisher, which could not be reasonably foreseen at the time of the conclusion of the contract and the effects of which cannot be avoided by appropriate measures, prevents the performance of its obligation by the Publisher.
Users represent that they own the intellectual property rights in the Contributions or have obtained all permissions from the copyright owner of the Contributions provided for publication in all media published by the Publisher.
These rights, which are exploited directly by the Publisher, consist of all the rights of reproduction and representation of the Contribution on these media. This assignment is made on a worldwide basis 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 give rise to actions based on counterfeiting, unfair competition, image rights, respect for privacy, civil liability or that may cause any disturbance whatsoever to the exploitation of the rights transferred.
Finally, the Contributions may be used by the Publisher on all media published by the latter.
6.1 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 the provisions of the European General Data Protection Regulation EU 2016/679 (GDPR) and those of the French Data Protection Act n°78-17 of 6 January 1978 as amended (LIL).
The Publisher undertakes to use its best endeavours to :
to process data on the basis of the execution of these GTC for the purposes of the service, i.e. the creation of the account, the taking into account of the Contribution, the moderation and publication of the Contribution, the sending of emails related to the Contributions;
guarantee the confidentiality of personal data and as such ensure that those authorised to process personal data undertake to respect confidentiality or are subject to an appropriate legal obligation of confidentiality.
The Publisher undertakes not to transfer personal data to third parties except to its subcontractors who necessarily intervene to meet the purposes of the processing, in particular the computer tool allowing the submission of Contributions.
Personal data is hosted on servers located in the European Union. However, the Publisher may transfer your personal data to its subcontractor located outside the European Union. This transfer is governed by the European Commission's standard contractual clauses which ensure an adequate level of protection.
6.2 The Publisher keeps the User's identification data collected (excluding Published Contributions) for the duration of the contractual relationship and up to 3 years after the end of the contract.
The personal data is then archived in order to comply with the Publisher's legal obligations and deleted.
However, the retention periods indicated above do not apply to Contributions that may contain personal data published on the Publisher's media insofar as the processing is for journalistic purposes. As such, these Contributions will therefore be kept beyond the 3 years after the end of the Contract.
6.3 The Publisher reminds the User that he may exercise his rights of access, query, rectification, opposition, right to erasure, right to oblivion, right to limitation of processing and right to data portability with the Data Protection Officer (DPO) by sending him an email or by post. This information is available on the Publisher's website.
Nevertheless, proof of identity of the User may be requested only in case of reasonable doubt about his identity.
As the protection of personal data must be reconciled with the exercise of freedom of expression and information, the Publisher reserves the right to refuse to remove the Contributions published by the User, subject to justifying its decision.
6.4 - The French National Commission for Information Technology and Civil Liberties (CNIL) is the supervisory authority for compliance with the legal provisions on the protection of personal data. In the event of an unsatisfactory response from the Publisher, you may submit a complaint to the CNIL: https://www.cnil.fr/fr/plaintes.
6.5 - The Publisher reminds the User of its personal data protection policy available on the Publisher's Website.
The Publisher reserves the right to modify these TOS at any time without notice. These GTC are accessible in the Debate Space. The Publisher invites Users to consult them regularly.
These GTUs are governed, interpreted and applied in accordance with French law. Any dispute shall be submitted to the exclusive jurisdiction of the competent courts.
The TOS was last updated on 04/05/2021.