The writing of the original version of this document is in French. The original version will serve as a reference in the event of any discrepancy between a translated version of this agreement and the French version.
Updated January 1, 2021.
These General Conditions of Use (hereinafter referred to as “CGU”) are intended to govern access to and use of the services of SAS Ecomnews, including in particular all the functionalities accessible on the site. www.ecomnewsafrique.com as well as email notifications, mobile applications, APIs, buttons and widgets (hereinafter referred to as “Site”, “Ecomnews Africa” or “Services”), and any information, text, images or photos, videos or more generally all content posted online (hereinafter referred to as “Content”).
These T&Cs govern the relationship between SAS Ecomnews, hereinafter referred to as “the publisher”, ON THE ONE PART AND, Ecomnews users, as identified by themselves when creating their account on the Site , hereinafter referred to as “the user” or “the users”. ON THE OTHER HAND.
Ecomnews Head Office: Cap Omega, roundabout Benjamin Franklin, 34000 Montpellier. Approved by the BIC of the Métropole de Montpellier
TEL: 04 67 47 70 95
Ecomnews share capital: €63,850
SIRET: 809 555 626 000 13
Montpellier RCS: 15B00426
Individual tax identification number: FR 96 809 555 626 000 13
President of Ecomnews: François Fontes (Hugar)
Managing Director and Editorial Director: Denys Bedarride N°80607
Host: OVEA 59 rue Nelson Mandela 34070 Montpellier
CNIL declaration number: MNw15129116
The Joint Commission for Publications and Press Agencies recognized as of 08/09/2015 on the site www.ecomnews.fr “The quality of online press service, pursuant to article 1 of law n°86-187 of August 1, 1986 reforming the legal regime of the press”. His official CPPAP number is: 0922 W 92798. For the site, www.ecomnewsafrique.com, the request is in progress.
2. Use of Ecomnews
Access to and use of the Services are conditional upon acceptance and compliance with these Terms by the user.
Access to and use of Ecomnews is only possible after accepting these T&Cs. This acceptance is made when the user registers on the site, by ticking a box indicating that he has read, understood and accepts these T&Cs.
By this acceptance, the user acknowledges having the obligation to comply with the rules enacted by the publisher and with all applicable laws, rules and regulations, whether local, national or international.
The use of Ecomnews implies acceptance of these T&Cs and is only possible if the user has the capacity to enter into a contract with Ecomnews.
In the event of acceptance of these T&Cs and use of Ecomnews on behalf of an association, company, community, organization, government or other legal entity, the user declares himself capable of doing so and guarantees it to us.
Ecomnews may stop providing the Services to its users without being able to notify them in advance.
These T&Cs may be modified by the publisher at any time and without notice. The user is therefore invited to regularly consult their latest updated version, available to all and permanently accessible on the index of the Site, by clicking on the link “Ecomnews Conditions” or once connected by clicking in the drop-down menu in the navigation bar on the “Conditions” link.
Ecomnews reserves the right to set limits on the use of its services and content storage at any time without notice.
In the event of refusal of the modification, the user must no longer use the site and the Publisher reserves the right to delete his account without him being able to claim any compensation.
3. Processing of User’s Personal Information
In accordance with the provisions of the law of January 6, 1978 amended in 2004 relating to data processing, files and freedoms, the processing of personal data carried out from the website ” www.ecomnewsafrique.com” has been declared to the National Commission for Computing and Liberties (CNIL) under the number to be completed.
Thus, the publisher informs the user that he is responsible for the processing of information concerning him, that this collection of information (surname, first name and email address) is intended to identify the user on the Site and that he has the right to modify them later.
Any user has the possibility of opposing, for legitimate reasons, to appear in a file.
Any user may refuse without justification that the data concerning him be used for prospecting purposes, in particular commercial.
Any user proving his identity has the right to question the publisher (firstname.lastname@example.org) in order to know if he holds information about him, and if necessary, to obtain communication of it.
Any user can read all the data concerning him and obtain a copy, the cost of which cannot exceed that of reproduction.
4. Right of use of Ecomnews Africa
The site is the exclusive and timeless property of the publisher. As such, it grants a free, personal, non-exclusive and non-transferable right to access and use the Site subject to the user’s acceptance and compliance with the T&Cs. All other rights are excluded without the prior consent of the publisher. The content (other than that of the user or that of other users) includes or is accessible on and/or through the Site, in particular any text, graphics, logos, sounds, names, trademarks, designations, icons, images, data, photographs, tabs, videos or any other data, materials or software that constitute the “Ecomnews content” is the exclusive and timeless property of the publisher, is protected by intellectual property law and is subject to the laws and regulations applicable in matter.
The user agrees in this respect not to use or exploit the Ecomnews content for purposes other than those provided for in these T&Cs. Furthermore, the user is not authorized to modify, improve, edit, translate, decompile, disassemble or create one or more derivative work(s) from the Ecomnews content (in whole or in part), unless this possibility has been expressly granted to him in writing by the publisher or the owner(s) of the content in question.
5. Rules of good conduct
The user agrees not to publish user content that:
– is sexually explicit or of a pornographic nature;
– can cause damage to any person;
– is intended to harm or exploit children by exposing them to inappropriate content, asking them for personal data or otherwise;
– violates or encourages conduct that is inconsistent with any law or regulation;
– contains any information or content that we believe is hateful, violent, hurtful, abusive, racist or ethnically offensive, defamatory, invasive of privacy or publicity rights, harassing or humiliating other people (whether publicly or otherwise), libelous, threatening, profane or otherwise objectionable;
– contains any unlawful information or content (including, without limitation, disclosing inside information under securities law or trade secrets of another party);
– infringes the intellectual property rights, privacy rights, personality rights or any other personal or property rights of a third party;
– contains any information or content that you do not have the right to make public under any law or under any contractual or fiduciary relationship;
– is fraudulent, false, misleading or misleading.
The user agrees not to engage in the following prohibited activities:
– in the service, the Ecomnews name, trademark, logo, any other confidential information or the layout and design of any page, without our express written consent;
– access, alter or use the non-public areas of the service, our computer systems or the technical systems of our suppliers;
– attempt to probe, scan or test the vulnerability of any Ecomnews system or network, or to circumvent any authentication or security measures;
– avoid, disobey, remove, disable, alter, decrypt or otherwise circumvent any technical measure implemented by Ecomnews or by one of its suppliers or any other third party (including another user) to protect the services or the Ecomnews content;
– attempt to access or search for Services, User Content or Ecomnews Content, or otherwise attempt to extract or download User Content or Ecomnews Content from the Services, or otherwise attempt to use, import content, create new links, reposts or referrers within the Service through the use of any type of engine, software, tool, agent, device or mechanism (including automated scripts, spiders, robots, web crawlers, data mining tools or the like) other than software and/or search agents provided by Ecomnews or other known third party web browsers;
– send spam (unsolicited or unauthorized e-mail), post comment spam, advertisements, promotional content, e-mail, junk mail, chain letters or any other form of solicitation ;
– use the service for commercial purposes or for the benefit of a third party or in any other way not authorized by these Conditions, except in cases where you are explicitly authorized to do so by Ecomnews;
– use Ecomnews users’ information to forge any type of TCP-IP packet header or any part of the header data of any e-mail or newsgroup posting, or use the services, in any way, to send altered, misleading or false information or whose source is false;
– attempt to decipher, decompile, disassemble or reverse engineer any software used to provide the Services;
– interfere or attempt to interfere with the access of any user, host or network, including, but not limited to, sending a virus, intentionally overloading servers, flooding, “spamming” or ” mail-bombing” of the Services;
– collect or store any type of personally identifiable information from the services belonging to other users of the services without their express authorization;
– impersonate someone or misrepresent your affiliation with any person or entity;
– violate any applicable law or regulation;
– request, collect or store user names, passwords or any other account authentication information belonging to other users;
– encourage or allow another person to engage in any of the prohibited activities as stipulated in these rules of use.
6. Your Rights to User Content
User content posted privately or publicly is the responsibility of the user from whom the content originated. The user can:
– Create his user profile, modify it, delete it. The user is informed as such that the overpressure of his user profile will automatically lead to the deletion of all the linked content.
– Launch an idea box and delete it, the user is informed in this respect that the deletion of an idea box will automatically lead to the deletion of all the ideas (comments and answers included) associated with it.
– Suggest an idea and delete it, the user is informed as such that the deletion of an idea will automatically lead to the deletion of all comments (including responses) associated with it;
– Submit a comment and delete it, the user is informed as such that the deletion of a comment will automatically lead to the deletion of all the answers associated with it;
– Provide an answer and delete it.
Deleting content makes the content invisible to all users and copies may persist for some time.
As soon as the user publishes user content on the site, he abandons his intellectual property rights. The published content automatically becomes visible to all users of the Site and to any other person who consults the said content on the site or on any other platform.
As such, the user declares to accept that they have, free of charge and personally, the ability to view, interact and share the content of the user on the Site or from the Site, on other tools. electronic communications (including mobile telephony), or on other sites, without time limit and without compensation or recognition to the user.
Regarding the content of other users:
– The user has the free and personal right to view, interact and share the user content of other users on the Site or from the Site, on other electronic communication tools ( including mobile telephony), or on other sites, for the entire duration of the hosting of the User Content on the Site.
– the user can report user content that does not comply with article 4 of these “Rules of good conduct” (hereinafter “abuse”) using a button present next to each user content. As such, any content that has been reported in a suggestion box is transmitted to the user who launched the box.
7. Publisher’s Rights to User Content
Ecomnews reserves the right to delete user content as soon as it does not respect the “Rules of good conduct” enacted in article 4 hereof.
The publisher reserves the right to reproduce the user content on the Site or any other communication medium deemed necessary and, as necessary, adapt the format for this purpose and without time limit. As such, the user expressly authorizes the publisher to use the user content for all promotional campaigns that it undertakes without compensation or recognition towards the user.
The publisher will not be held responsible for the risks of misappropriation and/or pirating against the data transmitted and/or the user content. It is therefore up to him to take all appropriate measures to protect his data and user content.
8. User responsibility
The user is required to comply with the legal and regulatory provisions in force concerning the personal data and the user content that he provides to the Site.
It is therefore up to the user to ensure that the dissemination of data and user content does not constitute a violation of the rights of third parties, an attack on persons, respect for privacy and an attack on public order. and morality (for more details, see article 4 of these “Rules of good conduct”).
Thus, by putting personal data and user content online, the user guarantees that he holds all the rights and authorizations necessary for the publication of these elements. If this is not the case, the publisher disclaims all liability and as such informs the user that he incurs criminal penalties which may result in the payment of damages to the victim and prison sentences and /or a fine against him.
The user thus assumes all responsibility for the publication and use of content on Ecomnews. Also, we strongly recommend that the user respect the rules of good conduct laid down in article 4 of these T&Cs.
Any content that does not respect the rules of good conduct, the rights of third parties or the laws or regulations in force, will be deleted, as will the account of the deviating user.
The user must choose a password when registering and can change it later.
The user undertakes to keep this password confidential, not to communicate it, not to allow a third party to access his account or to compromise its security.
The user is responsible for the use and protection of the password chosen to access the Services and the Publisher cannot be held responsible for any loss or damage whatsoever resulting from a breach by the user. to the above.
Ecomnews strongly recommends that the user use a password consisting of a combination of several upper and lower case letters, several numbers and special characters.
10. Publisher’s liability
The publisher undertakes to provide the service in accordance with the T&Cs.
The publisher does not verify the veracity of the information provided by the Users and declines all responsibility when the inaccuracy, inadequacy or illegality of said information.
The publisher cannot under any circumstances be held responsible for the information data and/or content provided by a user, whether or not it is accessible to the public, for the lack of veracity of said data, information or content, for errors or omissions that they may include, as well as damages resulting from the use of any content provided by a user, displayed or transmitted on the Site in any way whatsoever.
The publisher has no general obligation to monitor user content and data shared on the Site, as such it has no obligation to delete manifestly illegal content.
The publisher can in no way be held responsible for any consequence that may arise during or at the end of a meeting or contact between several users or non-users, following the use of the Site.
The publisher reserves the right, at any time and without notice, to modify any information appearing on the Site as part of an update or the correction of errors or inaccuracies.
The publisher is not responsible for the content of third-party websites to which hypertext links on the Site refer. If the publisher is judged in accordance with applicable law as liable for damage not provided for above, its liability will be limited to certain, real and established damages.
No opinion expressed on the Services is endorsed by Ecomnews.
11. Duration and Termination
The contract is concluded for an indefinite period from the acceptance by the user of these T&Cs.
As of right, the publisher reserves the right to immediately suspend access to the Site to a user who does not comply with the rules laid down by these T&Cs or who goes against the interests of Ecomnews. The user will be informed by e-mail and must within 48 hours cease misuse of the Site, under penalty of outright deletion of his account.
In addition, as soon as the content broadcast does not comply with the rules of good conduct, the user account may be deleted without notice as provided for in Article 6 hereof.
The user can unsubscribe from the Site at any time by following the following procedure:
– Go to the “Settings” page
– Click on the “Delete my account” button then on “Save”
Finally, if the user stops using the services for an extended period without unsubscribing, the publisher reserves the right to terminate or suspend his account.
12. Availability of the Site
The Site is in principle accessible 24 hours a day, 7 days a week, except for interruption, scheduled or not, for the purposes of its maintenance or in the event of force majeure. Being in fact subject to an obligation of means, we cannot be held responsible for any damage, whatever its nature, resulting from the unavailability of the Site.
13. Proof, conservation and archiving
The computerized registers kept in our systems in compliance with the rules of the art in terms of security, will be considered as proof of e-mail communications, sending of registration forms, creation of boxes, suggestions of ideas and posting of comments. and answers. The archiving of the registration forms is carried out on a support likely to ensure the faithful and durable character required by the legal provisions in force. It is agreed that in the event of a discrepancy between our computerized registers and the documents in paper or electronic format available to you, our computerized registers will prevail.
14. Disputes and Limitation of Liability
This article is intended to limit the liability of Ecomnews, its companies, officers, employees and partners (hereinafter collectively referred to as the “Ecomnews Entities”)
The user accesses the Services and Content of Ecomnews at his own risk. .
The Services are provided “as is” and “as is” by Ecomnews, excluding all express or implied warranties of merchantability, fitness for a particular purpose or non-infringement.
The Ecomnews Entities cannot guarantee that its Services will always be safe, secure, error-free or operate without interruptions and accepts no liability for this.
The Ecomnews Entities also decline all responsibility for damage to a computer system, in the event of loss of data or other damage resulting from access to or use of the Services or the Content.
The Ecomnews Entities exclude their liability for consequential damages, loss of profit or revenue resulting from users’ access to the Services, their use or the inability to access the Services.
These conditions are subject to French law. All claims, disputes or legal proceedings fall under the exclusive jurisdiction of the courts of Montpellier, even for emergency or conservatory proceedings in summary proceedings or by request, notwithstanding multiple defendants or warranty claims.