ARTICLE 1 – INFORMATION
These General Terms of Use detail all the rights and obligations of the User of the Site published by the Publisher. Their purpose is to define the terms and rules for accessing and using the Site.
Use of and navigation on the Site entails pure and simple acceptance of these general conditions. In this context, the User expressly acknowledges, prior to using and browsing the Site, having read all of the information below and expressly accepts it.
ARTICLE 2 – DEFINITIONS
For the purposes of these T&Cs, terms beginning with a capital letter have the meaning given to them below:
2.1. Subscriber:
means an individual, natural person, French or foreign, who consults, in a non-professional capacity, and who, in addition to being Registered, has subscribed to the Services and Content of the Site.
2.2. CGU:
means all of the provisions set out in these general conditions of use.
2.3. Account:
means the personal identification space allowing, in particular, the User to subscribe, buy a newspaper, comment on articles, receive various newsletters from the Publisher and its partners as well as to access certain exclusive content.
This unique account is intended to identify the User on the various editorial sites of the Publisher group. The information required for the creation of the Account is: email, password, first name, last name, postal address, telephone number.
2.4. Content / Information:
means all elements distributed via the Internet on the Site and in particular information, photographs, videos, images, graphics, and any other element, good or service.
2.5. Personal data:
means any optional or mandatory information relating to an identified natural person or who can be identified, directly or indirectly, by reference to an identification number or to one or more elements specific to them (surname, first name, address, email address, telephone number, service access codes, etc.).
2.6. Publisher:
means the company LA VOIX DU NORD,
a public limited company with a Board of Directors and capital of €450,000,
whose registered office is at 8, Place du Général de Gaulle, CS 10549, 59023 Lille Cedex
and registered with the Lille Métropole Trade and Companies Register under number 457 507 267.
Customer service contact details: [email protected] / [email protected]
03 66 880 200 (for LA VOIX DU NORD) / 03 66 880 202 (for NORD ECLAIR) (non-premium rate call).
2.7. Registered:
means an individual, natural person, French or foreign, who consults, in a non-professional capacity, and who has registered to access the Site’s Services.
2.8. Site:
refers to all the products and services offered by LA VOIX DU NORD on the Internet from the address www.lavoixdunord.fr and on the mobile application.
2.9. User:
means any adult natural person with full legal capacity or legal entity, regardless of where they are located and the terms of their connection and whether or not acting within the framework of their professional activity, as a user of the Site.
ARTICLE 3 – INTELLECTUAL PROPERTY RIGHTS
Intellectual property rights relating to the Content available on the Site are provided by the Publisher and its affiliated companies, as well as by third parties.
By connecting to the Site, the User accesses Content protected by law, in particular by the provisions of the Intellectual Property Code (including copyright and trademark law). Use of and navigation on the Site therefore does not confer on the User any intellectual property rights over the Content.
The Publisher only authorizes strictly personal use of the Content accessed by the User, limited to temporary recording on his computer for the purpose of displaying on a single screen as well as reproduction, in a single copy, for backup copy or printing on paper and provided that all the notices appearing on the Content and relating to rights are reproduced without modification on said copy.
In general, and without this list being considered exhaustive, the User undertakes to:
- only download the Information onto its equipment for exclusively personal, non-commercial and time-limited use;
- only print the downloaded Information on paper on the condition that the copies thus created are for exclusively personal use, which excludes in particular any reproduction for professional or commercial purposes or distribution in large numbers, free of charge or for a fee;
- not to copy all or part of the Site onto another Site or an internal company network;
- not to reproduce or summarize the digital version of the Information for review or press review purposes;
- not to produce a review or press overview based on the Information or photographs indicated as belonging to a third-party provider, nor to reuse this Information to offer it on any medium whatsoever outside the strict legal framework of private copying;
- not to reproduce, summarize, alter, modify, move, remove, replace or redistribute, without prior written authorization from the Publisher, the editorial content of the Information (text, articles, title, etc.) and/or reproduction (illustrations, photos, etc.) and/or the name, logo, trademark of the Publisher and/or the owners and/or any other information relating to the rights of the Publisher and/or the owners over the Information;
- not to extract or reuse, including for private purposes, without prior written authorization from the Publisher, a substantial or non-substantial part of the Content of the databases and archives constituted by the Site;
- implement appropriate control systems based on technical developments to prevent any “hacking” of the Information and in particular to prevent the illicit use or use contrary to the T&Cs of any Information in any manner and in any form whatsoever;
- to inform the Publisher as soon as it becomes aware of any “piracy” and in particular of any illicit or non-contractual use of the Information, regardless of the distribution method used.
Violation of these mandatory provisions subjects the User and all persons involved in the violation to the criminal and civil penalties provided for by law. In addition, the holders of the rights to these copied Contents may take legal action against the User. In this case, the User would be obliged to compensate the Publisher or its affiliated companies for all damages caused.
Any other use is subject to the express prior authorization of the Publisher.
ARTICLE 4 – SUBSCRIBER COMMITMENTS
The Subscriber may write comments under the articles. When the Subscriber publishes content in one of these sections, he or she guarantees that he or she holds the rights to the content or is authorized to publish it on the Site.
As a result, it guarantees the Publisher at the latter’s first request against any claim by third parties relating to the Subscriber’s comments.
Likewise, the Subscriber guarantees that he or she, or the owner of the content, if he or she is not the owner of the content, has expressly granted the Publisher a free and irrevocable right to use, reproduce, modify, adapt, publish, translate, broadcast, create derivative works, distribute, disclose the content (in whole or in part) and/or include this content in other works in any form, means of communication or technology known or that may be developed, for the duration of all rights existing in this content. It also recognizes the right of Subscribers to the Site to use this content for personal, non-commercial purposes.
The Subscriber undertakes not to offer to the public, in particular, links, messages, images, texts, videos, sounds or even animations or programs that could harm the image of the Site service.
The subjects expressly prohibited include in particular those which may infringe intellectual property rights, privacy, press law (defamation, etc.) and morality, and those which constitute incitement to crime or offence in general, and in particular to racial hatred, suicide, etc. Thus, the Subscriber undertakes that his publications do not contain any violation of the intellectual property rights of third parties, harm to persons and/or public order and morality (in particular apologies for crimes against humanity, incitement to racial hatred, violent content, incitement to terrorism, pornography, violation of the regulations on the protection of personal data, etc.).
The Subscriber undertakes not to distribute any virus, Trojan horse or computer worm, or any other harmful program, through the Site service.
The subjects expressly prohibited include in particular those which may infringe intellectual property rights, privacy, press law (defamation, etc.) and morality, and those which constitute incitement to crime or offence in general, and in particular to racial hatred, suicide, etc. Thus, the Subscriber undertakes that his publications do not contain any violation of the intellectual property rights of third parties, harm to persons and/or public order and morality (in particular apologies for crimes against humanity, incitement to racial hatred, violent content, incitement to terrorism, pornography, violation of the regulations on the protection of personal data, etc.).
The Subscriber undertakes not to distribute any virus, Trojan horse or computer worm, or any other harmful program, through the Site service.
The texts and images appear under the sole responsibility of the Subscriber who disclosed them. The Publisher is released from any liability of any kind that it may incur as a result of this insertion. The Subscriber to the service guarantees that this insertion is lawful with regard to the regulations, and that it has obtained all prior authorizations that may be necessary, and will replace the Publisher at the first request for the payment of any damages claimed from the latter.
The Publisher reserves the right to refuse outright, without having to specify the reasons, the distribution of a message, text, image, etc., the nature or presentation of which appears to be contrary to its moral or commercial interests, and without the Subscriber being able to claim any compensation.
The Publisher cannot be held responsible for any involuntary errors or omissions on its part, whether in a message, text, image or any other element that the Subscriber may distribute through it.
In the event of failure to comply with the commitments mentioned above, and in particular in the event of a complaint from a third party in the form of notification, the Publisher reserves the right to delete, without formality or prior information to the Subscriber concerned, any content published by the latter.
ARTICLE 5 – ALERT PROCEDURE AND REPORTING ABUSE
In accordance with the provisions of Article 6-I-7 of the law on confidence in the digital economy of June 21, 2004, any person may report at any time the publication on the Site of any contentious message of which they are aware, in particular those which fall within the offenses referred to in the 5th and 8th paragraphs of Article 24 of the law of July 29, 1881 relating to freedom of the press and Articles 227-23 and 227-24 of the Penal Code.
The Site will promptly inform the relevant public authorities of any illicit activities mentioned above.
To do this, simply contact the Site Publisher’s customer service at the address whose contact details are given in article 2 of the T&Cs.
ARTICLE 6 – LIABILITY
The Subscriber declares that he accepts the characteristics and limits of an online service, and in particular acknowledges:
- that the Publisher is bound by a simple obligation of means;
- that he is aware of the hazards of online consultation, in particular with regard to response times;
- that it is his responsibility to take all necessary measures to ensure that the technical characteristics of his computer and/or his computer network allow him to access the Site;
- that he acknowledges being solely responsible for his Internet access;
- that it is the User’s responsibility to take all appropriate measures to protect their own data and/or software from contamination by any viruses circulating on the Internet or contracted by any other electronic means.
As a result, the Publisher does not provide any express or implied warranty regarding browsing on the Site. The User is responsible for the choice of this service and for the use and interpretations he makes of the documents obtained on the Site. Browsing the Site and its use by the User are therefore done under his sole responsibility and at his own risk.
In general, under no circumstances is the Publisher liable for indirect damages that may be caused by browsing the Site. By express agreement and without this list being considered exhaustive, indirect damages include any moral or commercial prejudice, loss of profits, turnover, orders, income, customers, loss of data and any action taken against the User and the resulting consequences.
ARTICLE 7 – PERSONAL DATA
The User undertakes to ensure that this mandatory information is complete, accurate and constantly up to date. He or she may modify it in the “EDIT MY PROFILE” section at any time. The Personal Data communicated by the User is intended for the Publisher. The latter undertakes to respect the confidentiality of this Personal Data and to process it in compliance with the provisions of Law No. 2004-801 of August 6, 2004 relating to the protection of individuals with regard to the processing of personal data and amending Law No. 78-17 of January 6, 1978 relating to information technology, files and freedoms (“Data Protection Act”) and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016.
The Publisher will use this data to strengthen and personalize communication and to personalize the Site based on the observed preferences of Internet users.
The Publisher may also provide its partners with consolidated statistics relating to Users, but these statistics will not contain any personal data.
When creating or consulting his Account, the User may choose to receive by email offers, in particular commercial offers, sent by the Publisher and possibly by its subsidiaries or companies belonging to the same Group as the latter, and concerning its commercial partners, as well as commercial proposals sent by the Publisher’s partners.
The Publisher reminds that if the User changes his mind and no longer wishes to receive certain categories of emails, he may at any time configure his choices regarding the sending of emails by going to the Site, by accessing his profile, and/or using a link that will be present in emails of this nature.
Pursuant to the Data Protection Act of 6 January 1978 as amended and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, the User has the right to access, modify, limit, delete, oppose, rectify and transfer Personal Data concerning him/her and stored by the Publisher. The Publisher may request that the User’s request be accompanied by a photocopy of his/her identity document or that of the holder of parental responsibility. The User may exercise the aforementioned rights by sending his/her request (indicating email address, surname, first name, postal address) to: Personal Data Protection Officer, LA VOIX DU NORD, 8 Place du Général de Gaulle CS 10549, 59023 LILLE CEDEX or by email to [email protected]
CNIL declaration: No. 1204310
ARTICLE 8 – USE OF COOKIES
Cookies are used by the Publisher on the Site, in particular to improve its quality. For more information, the User can consult the “Cookie Policy” page of the Site.
ARTICLE 9 – DATA MINING POLICY
In accordance with the provisions of Article L 122-5-3 III of the Intellectual Property Code, the Publisher is opposed to the mining of texts and data on the Content and more generally on the entire Site. All text and data mining operations targeting the Site, including by automated data collection devices, therefore constitute prohibited acts, regardless of the purpose pursued, unless specific, prior, written and formally expressed agreement is obtained from the Publisher.
It is strictly forbidden to proceed in any way:
- to any extraction, use for any purpose whatsoever, storage, reproduction, representation to the public or conservation, direct or indirect, partial or total, including in buffer or temporary memory, qualitatively or quantitatively substantial of the Content of the Site, in particular by machine-readable processes for content made available to the public online in order to develop or train any software program, including, without limitation, programs based on artificial intelligence;
- to operations of extraction of works and other protected objects lawfully accessible on the Site for the purposes of text and data mining within the meaning of Article 4 of Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2011/29/EC. In doing so, acts of text and data mining as well as any extraction or reuse of a qualitatively or quantitatively substantial part of the Content of the Site are prohibited for any purpose whatsoever.
To facilitate the reading of this right of opposition by any automated data collection device, this opposition is also expressed as follows: < TDM-RESERVATION: 1 >.
The Publisher reserves the right to take any action or claim necessary to prevent, stop and sanction any non-compliance with the above-mentioned provisions, including through legal proceedings, without prior notice.
ARTICLE 10 – UNAVAILABILITY OF THE SITE
The Site is accessible 24 hours a day, 7 days a week worldwide.
The Publisher nevertheless reserves the right to interrupt access to the service without notice, in particular:
- in order to carry out a technical intervention or any maintenance operation;
- in the event of use of the Site in a manner contrary to these conditions;
- if the Site receives a notice notified by a competent authority in accordance with Article 6 II of Law No. 2004-575 of June 21, 2004 on confidence in the digital economy.
ARTICLE 11 – HYPERTEXT LINK
The Publisher reserves the right to establish a hyperlink with other sites.
The Publisher has no means of controlling these third-party sites and therefore excludes all liability and guarantee, particularly with regard to the content offered.
The Publisher is not responsible for the possible unavailability of such third-party sites.
ARTICLE 12 – USER CONFORMITY
The User undertakes to respect the laws and regulations in force, good morals and public order.
ARTICLE 13 – AUTONOMY OF THE CLAUSES OF THE T&Cs
In the event that one of the clauses of these general conditions should be declared inapplicable, this inapplicability would not affect the application of the other provisions.
ARTICLE 14 – GAMES
The Site offers various online games. The User should therefore refer to the specific rules of each game, which are available upon request.
To do this, simply contact the Site Publisher at the address whose contact details are given in article 2 of the T&Cs.
ARTICLE 15 – APPLICABLE LAW AND COMPETENT JURISDICTION
15.1 Applicable Law and Competent Jurisdiction
The T&Cs are governed by French law. The interpretation and execution of these terms and conditions are subject to the jurisdiction of the courts as provided by law.
15.2 Prior complaint
In the event of a complaint or dispute, the Customer must first contact the Publisher’s Customer Service:
- by email: [email protected] / [email protected];
- by telephone: 03 66 880 200 (for LA VOIX DU NORD) / 03 66 880 202 (for NORD ECLAIR) (non-premium rate call);
- by post to:
Customer Service – CS 10549
59023 Lille Cedex
15.3 Conventional mediation and alternative dispute resolution
If the dispute is not resolved by Customer Service or if there is no response from this service within two months, the Customer is informed of their right to resort to conventional mediation with CAREN, the Publisher’s mediator:
- through its website, where a form is available: http://www.caren-adr.org/fr/;
- by email: [email protected] / [email protected];
- by post to:
The CAREN
Place Theater
59800 Lille
The mediator will attempt, with complete independence and impartiality, to bring the parties together with a view to reaching an amicable solution. The parties to the contract remain free to accept or refuse recourse to mediation and, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator.