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General terms of sale
& general terms of use

Legal information

The http://www.leparisien.fr Site and the site http://www.aujourdhui.fr (hereafter overall the site) are sites of general information published by the Company the PARISIAN one RELEASES.

They offer participative spaces and contributive spaces where the Net surfers who wish it have the possibility of forwarding of the messages and the contributions in the forms of texts and/or photographs and/or vidéos which could be put in line on a purely gracious basis on the Site.

The present general terms of use (CGU) have the aim of fixing the rules of use of the site by the User as well as the obligations of the company the Parisian one.

The User engages, at the time of each one of his visits on the Site, to observe the present General terms of use which apply to the whole of the products and services available to the Site.

Consequently, the User accepts, fully and without any reserve, the whole of these CGU of the Site of the only fact of his access to the Site.

The Company the Parisian one is free to modify CGU constantly. It is thus advised with the User to refer, regularly with the last version of the CGU available permanently to the following address: http://www.leparisien.fr and http://www.aujourdhui.fr.

1. DEFINITIONS

Under the present General terms of Use, the words or expressions starting with a capital letter will have the following significance:

UtilisateurDésigne any natural person or morals having access to the Site, whatever the place where it is and the methods of its connection to the Site. The User can thus be a Recorded User, a Contributor (cf the definition below) or in a more general way one simple Net surfer.

EnregistréDésigne user a private individual, natural person or morals, French or foreigner, who consult, on a purely nonprofessional basis, and which was recorded to reach at free services and/or paying of the Site.

Codes of accèsDésigne the identifier of the Recorded User and his password of connection provided at the time of its inscription, allowing him to be identified and to connect themselves to the various subscribed services provided on the Site.

MessageTexte put on line by a Contributor in reaction at contents of the Sites and that the Company will be able to use under the conditions defined under the present General terms of Use CGU and in the Charter of moderation.

ContributionsTextes and/or photographs and/or vidéos proposed with the Sites by a CONTRIBUTOR and that the Company will be able to use under the conditions defined under the present General terms of Use CGU and in the Charter of moderation.

TexteTout text constituting information or written as article or of comment or deposited by a User on a discussion forum.

ContributeurPersonne forwarding to the http://www.leparisien.fr address and http://www.aujourdhui.fr of the texts and/or the photographs and/or the vidéos intended to be used under the conditions of these CGU and the Charter of moderation.

CompteDésigne the space placed at the disposal of the User Recorded on the Site, giving access to him, after being themselves identified by its Access codes, all the data relating to it.

CookieDésigne a small file of information which a Web site can send on the hard drive of a personal computer for then finding the trace of it. Certain personalized services of the Site use, for their good performance, of the temporary cookies and require acceptance by the User of these cookies. If the navigator of the personal computer of the User is configured to refuse them, the access to these services can appear faded, even impossible. The cookies used on the Site also make it possible to identify the services and headings which the User visited, and more generally its behavior as regards visits. This information is useful for better personalizing the services, contents, promotional offers and banners which appear on the Site. The User can decontaminate the cookies or remove them by using the options of his navigator. Each navigator being different, the User is invited to consult the note of his navigator to parameterize it with his suitability. The shelf life of this information in the computer of the User is twelve (12) months as from their placement.

Form of InscriptionDésigne the form allowing the User Recorded to communicate to the Company its Profile.

InformationsDésigne the whole of the accessible informations on the Site.

SociétéDésigne the Partnership the PARISEN RELEASES editor of the Site.

ProfilDésigne the information communicated by the User at the time of his inscription or of a connection, namely the personal data of the User Recorded necessary to management of its subscription or its access on the Site and the method of payment chosen for the services thus selected.

QuotidienDésigne daily publication the PARISIAN one that the User can order on line.

SignatureDésigne the acceptance of these General terms of Use by the User Recorded while validating on line by a click on the button of validation of the Registration form.

SiteDésigne the whole of the products and proposed services by the COMPANY on Internet since the addresses http://www.leparisien.fr and http://www.aujourdhui.fr.

2. ACCESS AND USE OF THE SITE AND THE AVAILABLE DATA ON THE SITE

The equipment (computers, telephone, software, means of telecommunication,) giving access to the Site are the exclusive responsibility of the User, just as the expenses of telecommunications induced by their use.

At the time of his inscription on line, the User commits himself to provide information, exact and complete as requested in the Registration form and thus holding them up to date without delay.

On the assumption that the User would provide information, inaccurate, out-of-date or incomplete, the Company reserves the right to suspend or cancel, under the conditions aimed to the present General terms of Use, the access to whole or part of the Site.

The minors are allowed to be registered on the Site, in the condition which they beforehand obtained from (of) titular (S) from the parental authority with regard to them, the authorization to do it and that (them the) titular one (S) of the parental authority has () agreed to be guaranteeing (S) respect by the minor user of the General terms of Use. Any use of the Site by a minor user is carried out under the whole responsibility of () titular (S) for the parental authority on the minor user concerned.

3. RULES Of USE Of the Internet

The Company is subjected to an obligation of means. Consequently, it is committed making its best efforts to make safe the access, the consultation and the use of the Site in accordance with the rules of uses of the Internet.

The Site is accessible 24 hours over 24,7 days out of 7 except in the event of major force or of supervening from an event out of control of the Company and subject to the possible breakdowns and interventions of maintenance necessary to the good performance of the Site.

The interventions of maintenance could be carried out without the Users being informed beforehand.

The User states to accept the characteristics and the limits of the Internet, and to recognize in particular that:

  • its use of the Site is done with its risks and dangers; the Site is accessible for him in state and according to its availability;
  • any material downloaded by the User or obtained in any other manner during the use of the Site, is with its risks and dangers; the User is only responsible for any damage undergone by his computer or any loss of data consecutive with the remote loading for this material or the consultation for the Site;
  • he thus belongs to him to take all the appropriate measures in order to protect his own data and/or software of the contamination by possible viruses circulating through the Site and/or Information;
  • no council and no information, which they are oral or writing, obtained by the User of the Site or during the use of the Site are likely to create guarantees not expressly envisaged by the present General terms of Use; the User is only responsible for the use which it makes of Information present on the Site and, consequently, the Company could not be held responsible for direct or indirect damage rising from the use of this Information;
  • he is only responsible for the use of the contents of the sites having a hypertext link with the Site, the Company declining any responsibility as for these contents;
  • he is informed of the nature of the Internet, in particular of his technical performances and the response times to consult, question or transfer Information;
  • the communication of its any information or Access codes generally considered to be confidential is made under its own responsibility;
  • it belongs to him to take all necessary measures to make sure that the features of its equipment allow him the consultation of Information;

4. Use of the personal data and respect of the private life 4.1 Access codes

The Access codes make it possible the User to be identified and to be connected to the subscribed services of the Site. These Access codes, created by the User are personal and confidential. They can be modified on line by the User.

The User is entirely responsible for the use of the Access codes relating to it. Except contrary proof, any connection to the Site or data transmission carried out starting from the Access codes of the User will be famous to be carried out by this last.

The User commits himself preserving his Access codes secret and avoids revealing them in some form that it is with thirds.

In this respect, the User with the possibility of making sure that at the conclusion of each session, it can be disconnected explicitly.

In the event of loss, of flight or accidental disclosure of his Access codes, the User must inform some without delay, the Customer service, by email or postal, which will proceed then to the cancellation as soon as possible of the Access codes of the User. The User will receive a new password.

Any loss, flight, diversion or use not - authorized Access codes and their consequences concern the responsibility for the User.

The opening of a new session by Access codes already in the course of use will automatically involve the closing of the 1st open session.

4.2 Personal data

Concerned of the respect of the private life of the users, the Company engages so that the collection and the treatment of personal informations, are carried out within this site in accordance with the law n°78-17 of modified January 6, 1978 known as Loi Data-processing and Freedoms.

The information seized by the Users is likely to be the subject of a data processing by the Company. For this reason, the Users have of a right of access, modification, correction and suppression of the data which relate to them (article 40 of the amended Law Data-processing and Freedoms).

The Users also have a right of opposition as for the transmission of their personal data to thirds, and in particular to the partners of the Company.

To exert these rights, the Users are invited to address a mail to the following address:

SNC the PARISIAN one - Service Customers - 25 avenue Michelet - 93400 Saint-Ouen - France

The postal expenses can be refunded on request on the basis of slow tariff into force.

Except opposition express of their share, the Company reserves the right to communicate information concerning the Users with survey institutes, market research and/or at companies partners within the framework of business transactions.

The personal information collected within the framework of the Site are stored in accordance with the rules prescribed by Data-processing law the and Freedoms, and for one length of time justified by the finality of their treatment.

The Company measures the number of pages seen, the number of visits, as well as the activity of the Users on the site and their frequency of return thanks to the solutions of AT Internet. The Users not wishing to be audited can refer to page Internet of bearing AT Internet on the respect of the private life and follow the provided indications there.

5. INTELLECTUAL PROPERTY OF THE COMPANY ON THE SITE

The Company is the exclusive owner of all the intellectual property laws relating to the structure and the contents of the Site, except the Contributions sent by the Net surfers.

The present General terms of Use do not involve the transfer of any intellectual property law to the profit of the User or the Contributor on the structure and/or the contents of the Site.

Thus, the User in particular commits himself not using Information so as to attack the laws the Company and so that this use does not constitute a counterfeit or an unfair competition or parasitic of Information.

6. MODERATION OF PARTICIPATIVE SPACES - INTELLECTUAL PROPERTY ON THE CONTENTS

See the Charter of moderation

7. SERVICE Of ELECTRONIC EDITION OF DAILY NEWSPAPER 7.1 Presentation of the Service

The Company makes it possible to the Users of the Site to consult the electronic edition, color, of the newspaper the PARISIAN one in two different formats: Interactive pdf or HTML.

The access to the electronic edition is carried out via the hypertext link called Espace Premium. The electronic edition of the newspaper the PARISIAN one of the day is consultable on line as from 7 a.m. (French hour).

The tariff of the electronic edition of the Daily newspaper is available on the page Presentation of the offers

Each specimen of the electronic edition of the Daily newspaper remains consultable on the Site for one 7 (seven) days period calendar consecutive, as from the day of the subscription for this electronic edition.

The subscription for the Service of electronic edition of the daily newspaper is exclusive of any subscription to the paper medium of the Daily newspaper.

The electronic edition does not integrate the possible supplements of the Daily newspaper.

7.2 Methods of subscription for the Service of electronic edition of Daily newspaper 7.2.1 Subscription by protected Bank card

To subscribe to the Service of electronic edition of the Daily newspaper by bank card, the user is invited to fill a Form with creation of account in which it indicates his address of email and the identifiers of connection (including/understanding a pseudonym or login and a password) that it wishes to use to reach the Service. The User must also indicate the number of specimens of the electronic edition of the Daily newspaper which it wishes to consult.

The User validates the creation of his account according to the following procedure:

Validation of the coordinates of recording and the number of specimens of the electronic edition of the Daily newspaper ordered in the Form of creation of account, while clicking on the button To validate my information of recording. The number of specimens of the electronic edition of the Daily newspaper registered by the User in the section Form of creation of account constitutes a credit of consultation for which the User discharges in advance the rights of use. The User uses this credit to consult the future specimens or the specimens still on line of the electronic edition of the Daily newspaper.

Selection of the type of bank card used, while clicking on the corresponding logo;

Inscription of its banking card number and its scratch date;

Final validation of the form, after having checked the exactitude of information, while clicking on Validating.

The validation of the form by the user carries his adhesion in the present Conditions of use of the Service of electronic edition of the Daily newspaper.

Following the order, an email of confirmation of the subscription is sent to the User. This email points out the coordinates of connection of the user, the number of specimens of the electronic edition of the ordered Daily newspaper and the paid price during the ordering. The Company does not preserve any banking coordinate, nor banking card number. All the coordinates of payment are taken in charges some directly by bank BNP on its protected site. The safety of the transactions is ensured by an encoding of the type SSL.

The minimal amount to credit the account with the user is fixed at 1 euro including all taxes (one euro All Inclusive of tax). There does not exist the rising maximum one to credit the account with the user.

7.3 Use of the Daily newspaper orders on line

Any User having ordered the Daily newspaper on line engages with, without the list hereafter being exhaustive:

  • to download the Daily newspaper on its equipment only for one exclusively personal use, not merchant; to print the Daily newspaper downloaded on paper medium only in the condition that the copies thus made up make the object of an exclusively personal use, with exclusion in particular any reproduction at professional or commercial purposes or of diffusion of number, free or paying;
  • not to recopy whole or part of the Daily newspaper on another site or an internal network of company;
  • not to reproduce or summarize the Daily newspaper at ends of review or panorama of press;
  • not to reproduce, summarize, deteriorate, modify, move, withdraw, replace or repeat, without written and preliminary authorization of the Company, whole or part of the leading contents [text (articles, title.) and/or reproduction (illustrations, photographs)] and/or the name, the logo, marks the PARISIAN one, TODAY and TODAY IN France;
  • The violation of these imperative provisions subjects the User as all the people who took part in it in the penal sanctions and civil envisaged by the Law.

8. PARTICIPATIVE SPACES 8-1: Service of Setting on line of the Contributions

To be put on line on the Site, a Contribution must be a fact of topicality suitable for inform or interest the public.

The Company remains only judge of the Contributions which it puts on line. The only fact of forwarding to the Site a Contribution automatically does not open right to be put on line and the fact of not being put on line does not open right to any compensation for any kind in favour of the Contributor.

Intellectual property law - Guarantees the Contributor remains owner of the Contribution which it forwards to the Company which does not acquire any right top.

It is up to the Contributor to take care that the rights of the people photographed are respected or those of the owners of works and places photographed. Consequently, it is up to the Contributor to obtain the authorization of representation and publication of the identified people, of the owners of objects or identified works so that the Contribution is free of right.

In the event of representation of minor in the Contribution, the Contributor commits himself having been obtaining the prior approval of the titular people of the parental authority.

The Contributor engages so that its (its) Contribution (S) does not comprise (NT) any reproduction or unspecified element likely to violate the right of the thirds and to give place to actions based in particular on the plagiarism, the unfair competition, the civil responsibility or the offences envisaged by the law of July 29, 1881.

More generally, the Contributor commits himself forwarding one or of the free Contributions of right, so that the Company is not worried at the time of the setting on line of (S) the Contribution (S).

The contributor remains civilly and penally person in charge of his contributions.

The Company reserves the right in any time to remove the diffusion of any Contribution of its Site and to remove accounts of users or to recover names of users. The company also reserves the right to reach, read, store and reveal any information which she considers it necessary to respect the governmental laws, regulations, legal procedures or requirements, to apply the Conditions of use, including investigations concerning of the possible violations of these Conditions, to detect, prevent or treat the fraud, the safety or of the engineering problems, to answer at the requests of assistance to the users, or to protect the rights, the property or the safety of the Company, her users and the public. The Company reserves the right to remove contents supposed counterfeited, without notice and with our only discretion.

Licence in favour of the Company the Company will forward an email informing the Contributor of the setting on line of its Contribution.

As from the sending of this email, the Contributor grants to the Company a world free licence nonexclusive, including/understanding the right to use, copy, reproduce, adapt, modify for the needs for the setting on line, to publish, transmit, post to it (them) Contribution (S) on the Site for one 10 years duration like in his written publications.

The Contributor agrees that this licence grants the right to the Company to put its Contribution to the provision of other companies, organizations or individuals who work in partnership with the Company under the conditions envisaged hereafter.

The Company will be able to carry out the modification or adaptation of (S) the Contribution (S) in order to transmit it, post it or distribute it on data-processing networks or various media. In the same way, the Contents are likely to be modified to conform and adapt to the requirements or limitations of other networks, peripherals, services or media.

The Contributor is responsible for his use of the Services, of any Contribution which it posts via the Site as well as their consequences. The Contribution which the user subjects, publishes or poster could be consulted by other users of the Site thanks to third services and Internet sites. The Contributor will have to provide only Contributions which it wishes to share with others in the respect of the aforesaid Conditions.

Notation: each Contribution could be the subject of an appreciation of the Net surfers.

8-2 Service Sale of the Contributions - Tariffs - Expenses of setting on sale and commissions

The Company made an agreement with the Citizenside company with an aim of being able to market the photographs or vidéos put on line on the Site.

Offer Licence Consequently, in addition to the licence granted above to the Company, when a Contributor posts a photograph or a videogramme on the Site, it expressly concedes in Citizenside a licence of exclusive marketing of its (its) photography (S) or its (its) videogrammes at the Citizenside company, according to the particular conditions of use of Citizenside.

For one period of one (1) month, the contributor agrees not to publish this document nowhere elsewhere. Once this exceeded time, the licence is not exclusive any more, the Contribution will be always put on sale for the contributor by citizenside.com.

9. VARIOUS PROVISIONS

If any of the provisions of these General terms of Use were declared null or inapplicable pursuant to a law, of a payment or following a legal decision become final, she famous would be not written and the other provisions would remain in force.

The contractual relations between the Company and the User are controls by the only provisions of these General terms of Use and the Charter of moderation.

10. LIMIT OF RESPONSIBILITY

In the maximum measurement authorized by the applicable law, the Company will not be held responsible for the damage direct, indirect, and including but without limiting itself to it, the loss of benefit, data, use, good will, or other losses incorporeal, resulting from the access or the use or the impossibility of use or access to the services, very contained or behavior of a third on the services, including but without limiting itself to it, very led defamatory, abusive or illegal of the other users or third, very contained coming from the various services and the unauthorized access, the use or the deterioration of the transmissions or of their contents, that it rests on a guarantee, a contract, an offence (including the negligence) or any other legal theory, which the company were or not informed possibility of such damage and even if a remedy quoted under the present conditions did not reach its original intention.

11. APPLICABLE LAW AND ATTRIBUTION OF JURISDICTION

The present General terms of Use are subjected to the French right.

They were written in French language which will be considered, in any assumption, like the single language.

The parts are appropriate to make their possible by amicable agreement to solve any dispute likely to result from interpretation, the execution and/or the suspension of these General terms of Use.

Failing this, the aforementioned dispute will be subjected to the exclusive competence of the courts of jurisdiction within the competence of the Court of Appeal of Paris, even in the event of incidental request or in guarantee or of plurality of defendants.

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