The Internet users declare to have obtained from Afrikaleaks all the necessary information concerning the proposed services and adhere without reserve to the present general conditions of use.
Users can benefit from the services offered on the Website subject to the following prerequisites:
- To be major at the day of the inscription;
- to have the legal capacity allowing them to commit themselves under the present general terms and conditions;
- have the appropriate computer equipment to access the Site;
- have a valid e-mail address;
- be informed that their commitment does not require a handwritten or electronic signature; acceptance of these general terms and conditions of services is implemented by the double-click mechanism.
Internet users have the option of saving and printing these general terms and conditions using the standard functionalities of their browser or computer.
The purpose of this document is to define the conditions of access and use of the services and the respective rights and obligations of users when using the services available on the Site.
SCOPE AND OPPOSABILITY
4.1 These general terms and conditions are enforceable, deemed read and applicable, on the date of the first use of the Site by the user and by the sole fact of his navigation on the Site. The fact that the user does not have to click to accept these general terms and conditions in no way constitutes an obstacle to their enforceability.
The user may at any time give up using the Site but remains liable for any previous use.
4.2 The present general terms and conditions of use apply only to the content published exclusively by Afrikaleaks on the Afrikaleaks.com Website. Excluded from the scope of these terms and conditions of use, and if applicable only the general terms and conditions of use of Afrikaleaks’ partners, are contents published by a third party or in partnership with a third party, even if they appear under Afrikaleaks’ graphic charter, if they are accompanied by Afrikaleaks’ trademarks, or if they are hosted by Afrikaleaks or an Afrikaleaks technical host (for example, without this list being exhaustive): Third party framing content, content published under a “white” or “grey” trademark, hypertext links to a partner’s site, etc.).
4.3 The presence on the Afrikaleaks.com Website of content published by Afrikaleaks’ partners, or the ability to access such content from the Website, does not constitute a validation of such content by Afrikaleaks. Afrikaleaks shall not be liable for any information, opinions, recommendations or services offered by Afrikaleaks’ partners, and Afrikaleaks shall not be liable for any claims, complaints, lawsuits or disputes relating to such content.
OPERATION AND USE OF THE Afrikaleaks.fr WEBSITE
5.1 Afrikaleaks does not give any warranty as to the operation of the Website. The user expressly acknowledges that Afrikaleaks cannot be held liable for any consequences resulting from the modification, discontinuation or deletion of the service, for any reason whatsoever and in particular due to technical constraints or limitations.
5.2 Afrikaleaks is free to modify or discontinue the service at any time.
5.3 The user undertakes not to incorporate or distribute on the Afrikaleaks.fr Website any document, content, information, file or any other data in any form whatsoever that may restrict, slow down, disorganize, prevent or interrupt the proper functioning and normal use of the Website, Afrikaleaks’ computer and/or telecommunications equipment, Afrikaleaks’ service providers and partners, and other users of the Website.
In particular, the user undertakes :
- not to use any malicious software (including viruses, worms, trojan horses, dialers, spyware …).
- not to spread any spam and more generally not to use any technique of massive and/or automatic sending of messages
- not to use any technique of crawling or suction of web pages, and more generally no technique allowing to copy or download in a massive way the contents of the Site. The use of such a technique would be considered as an act of counterfeiting violating the intellectual property rights of Afrikaleaks as recalled in the article “Intellectual Property” of these general conditions of use.
5.4 In order to access certain features of the Website and benefit from certain services offered on the Website, the User must create a personal account (“My Account”).
When creating his account, the user undertakes to provide accurate, updated and complete information.
The user must choose a password and provide a valid email address.
The password is strictly personal and confidential. As such, the user undertakes to take all useful measures to ensure this perfect confidentiality.
Any use of the password is presumed to be made in the name of the user.
The user will then be able to optimize the use of his account by providing other information such as his gender, postal code, country, year of birth and Point subscriber number, if applicable. In accordance with the Data Protection Regulations in force, it is specified whether the data that the user is invited to submit is optional or mandatory by the presence of an asterisk.
Only subscribers to the paper and/or digital version of Afrikaleaks with an account on the Site are able to post comments.
The nickname entered in “My Settings” is required for the submission of comments.
Any entry of false, inaccurate, out of date or incomplete information or of a username or nickname containing abusive, defamatory, libelous, violent, obscene or generally inappropriate language may result in suspension or termination of the user account.
More generally, Afrikaleaks reserves the right to suspend or delete the account of a user who is malicious or in case of violation of these terms and conditions of use or violation of legal or regulatory provisions.
In particular, user accounts that impersonate a third party or attempt to post comments under the identity of a third party will be deleted. Afrikaleaks further reserves the right to take any action, including but not limited to warranty claims in such cases. You are reminded that the online impersonation of a third party through the use of any identifiable data (including but not limited to: name, email address, photograph) is an offence punishable by law.
Once his personal account has been created, the user will be able to access and update his account settings at any time. He also has the possibility to keep and consult all of his contributions as well as their status (validated comments).
The user is solely responsible for the use of his account, without being able to oppose to the POINT any fraudulent use by a third party. Thus, the user shall ensure the confidentiality of his connection identifiers. He or she takes all necessary measures to keep them safe.
By subscribing to the Afrikaleaks newsletter, the user agrees to receive information from Afrikaleaks. At any time, he can access and modify his subscriptions to Afrikaleaks’ information and newsletters.
5.5 The user is informed that free and open access to the contents and services of the Site (excluding the subscriber edition) is financed by the revenues related to the advertising broadcast on these spaces. He therefore accepts the display of advertising on the Site.
Afrikaleaks is the exclusive owner or assignee of all intellectual property rights on the Site and the various contents published by Afrikaleaks, including: graphic charters, titles, forms, site maps, texts, photographs, images, videos and any other informational content, as well as the Afrikaleaks logo and trademark.
The same applies to the databases appearing on the Site, if any, which are protected by the Intellectual Property Code.
Afrikaleaks grants to the user a license conferring a simple right of private, non-collective and non-exclusive use on the content published by Afrikaleaks.
This right of use includes the right of reproduction for the following purposes only: storage for the purpose of representation on a single-user screen (on any medium including mobile media), and reproduction in one copy for the purpose of making a backup copy or a printout (“print” function).
Apart from the functions offered by Afrikaleaks on the Site and allowing to share content on social networks or to send it by email to a friend or family member, any networking, any redistribution in any form whatsoever, even partially, are prohibited.
Any commercialization, in any form whatsoever, of all or part of the content of the Site is prohibited.
The user agrees not to reproduce and use the trademarks and logos appearing on the Site, which are registered, without the express prior authorization of Afrikaleaks.
Any use other than the uses expressly permitted or prohibited by the foregoing is subject to the express prior authorization of Afrikaleaks.
For any information and request for reproduction on electronic and/or paper support, the user may send his request to the following Internet address: firstname.lastname@example.org
Any violation of this clause will be considered an infringement and/or an act of unfair competition and may result in civil and/or criminal prosecution in accordance with the law.
Users of the Website may not establish a link to this Website without the express prior permission of Afrikaleaks. Why not?
Under no circumstances can this authorization be qualified as an implicit agreement of affiliation.
In any event, links to the Website must be removed upon Afrikaleaks’ first request.
Afrikaleaks reserves the right to provide links on its Website to other web pages other than those of its Website.
Afrikaleaks is not responsible for the access by users of the Website via links from the Website to other resources on the Internet, nor for the content of the information provided on such websites when activating the link.
Afrikaleaks has a personal data protection policy, the characteristics of which are explained in the document entitled “personal data protection policy”, which the user is expressly invited to read by clicking here.
By registering for Afrikaleaks events, you agree to receive information about Afrikaleaks events.
Afrikaleaks implements cookies on its Website and the user is expressly invited to read this policy by clicking here.
Afrikaleaks cannot be held responsible if the registration has not led to the user’s expectations.
Afrikaleaks cannot be held liable in the event of temporary or total unavailability of all or part of the access to the service, of a difficulty related to the response time, and in general, of a defect in performance.
Afrikaleaks shall not be liable for any fraudulent or abusive use of the account due to voluntary or accidental disclosure to anyone of the Member’s password.
Afrikaleaks shall not be liable for any difficulties in the distribution of the Content or more generally for any disruption of the Internet network affecting the use of the Service. Afrikaleaks makes no warranty as to the conditions of distribution, quality of distribution and transmission of accessibility of the service.
11.1 Any dispute relating to the validity, interpretation or execution of these general conditions of use will be submitted to the competent French courts.
11.2 Afrikaleaks reserves the right to modify at any time the present general conditions of use. The general conditions of use are available at any time on the Website and can be printed. Afrikaleaks invites the user to regularly review the general terms and conditions of use.