I – Legal information
1. Publisher Information
CFI
Société anonyme [public limited company] with share capital of EUR 310,000
Nanterre Companies Register: 308 909 142
Registered office: 62, rue Camille Desmoulins 92130 Issy Les Moulineaux France
Publication director: Marc Fonbaustier, Chairman and Managing Director of CFI
CFI switchboard No: +33 (0)1 40 62 32 32
2. Host Information
OVH
2 rue Kellermann 59100 Roubaix – France
Tel: 1007
II – General Terms and Conditions of Use
1. Object
The object of the present General Terms and Conditions of Use (hereinafter the “T&Cs”) is to define and establish the terms and conditions under which CFI makes all of the websites it publishes (hereinafter the “Sites”) available to users, together with the conditions for users to access and browse those Sites. The Sites can be accessed at the following addresses:
https://www.cfi.fr/en
https://www.ac.cfi.fr/en/
https://www.ra-cfi.fr/en/
2. Definitions
For the purposes of the present T&Cs:
“General Terms and Conditions of Use” or “T&Cs”: refers to the provisions of these presents, accepted by Users, governing access to and use of the Sites.
“User Account”: refers to the areas reserved for Users on the Sites by means of a username and a password, which can enable Users to receive newsletters, in particular.
“Content”: refers broadly to the content and elements present on the Sites, in particular photographs, images, texts, articles, illustrations, audio and video, in addition to the Video Player and the Audio Player (cf. definitions below).
“User Content”: refers to texts, illustrations, photos, images, audio and video, of any nature whatsoever, made available by Users as part of the Calls for Applications.
“Calls for Applications”: refers to all application forms provided by Users via the Sites allowing them to send their applications.
“Sites”: refers to the sites published by CFI, as listed in article 1 of the present T&Cs, together with all versions thereof, regardless of the method of access (in particular, mobile sites and mobile and/or tablet applications).
“Users”: refers to any person browsing the Sites.
3. Acceptance of the T&Cs
All use of the Sites is made under the present T&Cs, which are intended to set the terms and conditions for use of the Services and Content offered on the Sites.
All accessing of the Sites implies the application and acceptance of the present T&Cs. The T&Cs applicable are those in effect on the date of each User connection to the Sites.
CFI would like to point out that it may amend the T&Cs at any time, to adapt them to changes to the Services and the legislation in force. Users are made aware of any such amendments simply by their being placed online. Therefore, they are deemed to be accepted unreservedly by all Users accessing the Sites after they have been published online. Consequently, Users are requested to refer to the them on each visit in order to consult the latest version available on the Sites.
4. Partner Services
The Sites also provide access to Partner Services, by means of hypertext links integrated into different sections of the Sites that link to sites, content and services published by said partners. In particular, the partner services can be accessed via advertising elements (such as banners, videos, etc.) that can be clicked.
Users acknowledge that these Partner Services are completely independent of CFI. Therefore, any use of the Partner Services via the Sites will be subject exclusively to the terms and conditions of use and/or sale specific to each Partner Service, together with their personal data protection policy.
CFI may not be held liable for the accessible content, all offers, information consulted or transactions carried out in relation to the Partner Services. Similarly, CFI does not offer any guarantee as to the terms and procedures of application of the regulations in force by the publishers of the Partner Services, who are solely responsible for them.
5. Users
5.1 User Accounts
Access to the Sites is free of charge and is not subject to registration in advance.
However, some services offered on the Sites (such as sending newsletters and participating in Calls for Applications) may be subject to User registration in advance, User identification and use of a User Account.
When creating a User Account, Users will be asked to choose their personal username and an associated password, which are strictly personal and confidential. A registration form will be submitted to Users to enable them to provide CFI with certain mandatory or optional personal information, as indicated on the form. Failure by Users to provide the information indicated as mandatory will render validation of the creation of the User Account impossible.
These personal data are collected from Users directly, to enable them to be identified easily during future connections and to have additional services and/or access available to them. These personal data are stored with User consent and will be processed as defined in article 10 of the present T&Cs. They are kept from the date of creation of the User Account and for the entire period of use of the Services. Following the date of subscription cancellation by CFI due to User inactivity or a User Account deletion request, data are kept for a maximum period of 13 months.
5.1.1 Protection of minors
In the event that the User is a natural person and a minor, he or she declares and acknowledges that he or she has obtained the prior consent of his or her parents or the holder(s) of parental authority over him or her to browse the Sites. The holder(s) of parental authority guarantee(s) that all of the provisions of the present T&Cs will be respected when the Minor User uses the Sites.
The parents (or holders of parental authority) are encouraged to monitor their children’s use of the Services and to bear in mind that the Services are intended for a wide audience and that, as legal guardians, it is the responsibility of parents to determine which websites are or are not appropriate for their child(ren) and to monitor their use thereof. For further information on filtering, in particular with a view to protecting minors, France Médias Monde recommends that parents contact their internet service provider and visit the following webpage: http://www.education.gouv.fr/cid141/la-protection-des-mineurs-sur-internet.html
It is specified that minors are not allowed to create User Accounts.
5.1.2 Usernames for third-party services
Access to certain functions or services may be subject to the use of usernames for third-party services, such as Facebook, Twitter, Google + and LinkedIn.
Users will need to connect using the usernames specific to these different third-party services for all social functions that require an interaction with said third-party services.
The creation and use of these accounts and the personal data provided to these third-party services by Users are governed by the terms and condition of use and the personal data protection policy specific to each third-party service; CFI has no responsibility in this respect.
5.2 Calls for Applications
5.2.1
Users have the opportunity to participate in Calls for Applications posted online via the Sites by submitting text, video and/or audio data, images and/or photographs (hereinafter, “User Content”). This User Content can be viewed by administrators, project managers and evaluators specified by CFI.
CFI does not carry out any a priori control of User Content posted online by Users, who therefore remain responsible for the content of the User Content that they author.
Under no circumstances may CFI be held liable on the basis of User Content that may have been posted online by a User who does not hold the rights for such posting online.
Any User who posts User Content on the Sites expressly authorises CFI to store and use said User Content, free of charge and non-exclusively, for the entire duration of the intellectual property rights, as from their transmission.
It is specified that for technical reasons, certain User Content may be reformatted in accordance with the provisions of article 7.3 of the present T&Cs (in particular, font, size and spelling). No substantive changes will be made to the User Content without the express prior written consent from the User who authored said User Content.
5.2.2
Users undertake not to upload User Content that would not comply with the legislation in force in France, and in particular User Content that would:
be contrary to public order and morality;
violate the privacy of others;
constitute an infringement of the secrecy of journalists’ sources;
violate professional secrecy;
refer to an individual’s racial, religious or ethnic origin, physical characteristics or disability, unless such references are relevant to understanding the information;
contribute to the dissemination of a work protected by the French Intellectual Property Code without having the necessary prior authorisations;
constitute an insult, defamation, denigration, an attack on a person’s honour and reputation or dignity, incitement of racial hatred or an act of unfair competition;
constitute an attack on the dignity of a victim;
violate the identity of victims of sexual assault or sexual abuse, except where the person has given their written consent;
allow the dissemination of information relating to the identity of or enabling the identification of a minor;
encourage the commission of crimes and/or offences inciting the consumption of prohibited substances or inciting suicide;
condone certain crimes, in particular, murder, rape, war crimes and crimes against humanity;
be considered racist, antisemitic, xenophobic, revisionist, obscene, pornographic or paedophilic.
In addition, Users undertake to post User Content that:
is relevant and in line with the subject in question;
is legible and can be understood by all, avoiding the misuse of abbreviations or “text speak”;
does not abuse the use of capital letters in a manner that could be considered aggressive;
does not constitute spamming or flooding (posting the same message multiple times).
5.3 Moderation of Contribution Areas
CFI may, at its sole discretion, decide to delete any User Content after it has been posted in the event that such User Content does not comply with the provisions of article 5.2.2 and, more generally, that contravenes the provisions of the French legislation in force.
6. Intellectual Property
6.1 Site Elements and Content
The elements contained on the Sites such as, in particular, texts, audio, images, video, music, software, databases, logos, trademarks and other reproduced elements are reserved and protected by intellectual property law (in particular, copyright, associated rights and trademark law). The protected elements are the property of CFI and/or its partners.
Pursuant to intellectual property rules, any reproduction (including via downloading, printing, etc.) or partial or complete representation, adaptation, translation, transformation and/or transfer to another site of one or more of the aforementioned elements is prohibited without the prior written consent of CFI and/or the rights holders. Any unauthorised use of any of these elements constitutes an infringement of copyright and may give rise to civil and/or criminal proceedings and the payment of damages.
CFI grants Users the non-transferable, free, non-exclusive, personal and private permission to use the Services and the Sites for personal and private use only, and in strict compliance with the conditions of use established in the present T&Cs.
6.2 Trademarks
The trademarks of CFI and its partners, including the logos appearing on the Sites, are registered trademarks and protected as such by industrial property law (Article L 713-2 et seq. of the French Code of Intellectual Property). Unless expressly authorised in advance by their owners, use of these trademarks or logos is prohibited. Any unauthorised use of a protected trademark or logo constitutes an infringement of copyright and may give rise to proceedings before the competent courts.
6.3 User Contributions
Each User guarantees to CFI that they have the usage rights required to use the User Content.
Therefore, all Users grant CFI, free of charge and non-exclusively, for the entire duration of legal protection of any intellectual property rights that may apply to their User Content, the right to use all or part of the User Content on the Sites and/or on the pages of CFI’s social network accounts, as well as on the other versions thereof, regardless of the method of access.
These rights are granted worldwide for all operations.
Each User expressly acknowledges and accepts that certain User Content may be reformatted for exclusively technical purposes; therefore, each User grants the necessary adaptation rights. Subject to compliance with the terms of article 5.2, no substantive changes will be made to User Content without the User’s prior and express consent.
Each User expressly acknowledges and accepts that no use of the User Content by CFI in the context of these presents may give rise to any financial compensation.
7. Hyperlinks
7.1 Simple hyperlinks and deep hyperlinks
Simple hyperlinks are defined as links that give access only to the home page of one of the Sites.
Deep hyperlinks are defined as links that give access to a specific page of one of the Sites, without going through its home page.
Any creation of hyperlinks by a User leading to one of the Sites implies that the latter has obtained the necessary authorisations from the rights holders to the public communication of the Content concerned and, where applicable, has paid any related fees.
It is specified that CFI is totally independent of the sites that have created a simple hyperlink and that it is not responsible for the editorial line and content published on said sites.
7.2 Hyperlinks leading from the Sites
The hyperlinks contained on the Sites may lead to other third-party sites. Users visit such third-party sites at their sole responsibility. CFI may not be held liable for having offered this hyperlink to the User and for the content appearing on such third-party sites. Under no circumstances may Users hold CFI liable for any direct or indirect damage caused as a result of the use of a third-party site accessible from the Sites.
8. Specific recommendation for international Users
CFI allows access to the Sites from any country, subject to the local legislation in force and any applicable restrictions that it may impose. Any User accessing the Sites from a computer located outside French territory expressly acknowledges having read, understood and unreservedly accepted the terms of the present T&Cs and undertakes to respect local legislation and any restrictions applicable in the country concerned.
Some Content present on the Sites is not accessible from certain countries, in particular due to territorial restrictions imposed by the right holders or to limited broadcasting rights. Accordingly, Users who access the Sites from computers located in those excluded territories undertake to refrain from using any system to bypass location readings intended to allow access to this content from those territories.
9. Responsibility
9.1 Site and Service Accessibility
The Sites and Services are accessible 24 hours a day, seven days a week. CFI will do its utmost to ensure the accessibility of the Sites and Services. However, CFI may not be held liable for any interruption or malfunction related to the connection, maintenance operations, editorial updates, network and/or IT system congestion, hacking by unauthorised third parties and infection by any virus accounts circulating on said networks and services, internal or external strikes, incorrect configuration or use of the User’s computer or any other reasons, whether or not within the User’s control.
CFI may not be held liable in the event that the interruption or change in quality of the Sites and Services is due to the occurrence of a case of force majeure. Any case of force majeure or act of God, as defined by the French legislation in force and the case-law of the Court of Cassation, will constitute a case of force majeure.
9.2 Editorial content
CFI undertakes to do its utmost to guarantee the veracity and accuracy of the information available on all the Sites but may not be held liable for any inaccuracy therein, or for any use or interpretation thereof by the Users.
In addition, CFI may not be held liable in the event of any direct or indirect, incidental or consequential, damage that may result from the use of the Sites or any information obtained from the Sites.
CFI reserves the right to make improvements and/or amendments to the Sites and Services at any time and without notice.
In general, each User will indemnify CFI against any claim or action, by any person, and any possible financial consequences thereof, based on or resulting directly or indirectly from the User’s actions, or arising from the User’s use of the Sites, as well as from any alleged violation of the T&Cs or of the regulatory provisions in force and will hold CFI harmless from any action, including litigation, that may result therefrom.
10. Data confidentiality
CFI invites Users to consult its Policy on Personal Data and Privacy Protection, which can be accessed via the following link: Confidentiality, as well as the cookie policy, via the following link: Cookie management.
These policies explain the origin and nature of the data collected by CFI during browsing by Users and/or their use of the services offered on the Sites and CFI’s calls for applications, the purposes for which they are collected and the rights that the User has over such data in accordance with the regulations on Personal Data Protection applicable in France and Europe.
11. Final provisions
The present T&Cs are subject to and interpreted in accordance with French law. Any persistent dispute relating to the interpretation, application or execution of these T&Cs that is not settled amicably within thirty (30) days of notification of the dispute by registered letter with acknowledgement of receipt, will be subject to the exclusive competence of the courts of Nanterre (France).
Should any of the provisions of the present T&Cs prove to be illegal, invalid or inapplicable, for any reason whatsoever, the term or terms in question will be declared null and the remaining terms will retain all their force and scope and will remain applicable.
Any failure to apply or failure to claim the application by CFI of any of the provisions of the present T&Cs may not, under any circumstances, be interpreted as a waiver by CFI of any such provision or right, unless CFI agrees otherwise in writing.