Access to this Service is subject to compliance with these GTU. Any Internet user who wants to access the Service must first acknowledge receipt of these GTU and must agree to comply with them under all circumstances.
The Versilio corporation is not liable for the content of the Slogs.
toSlog is a free expression space: there is no censorship of Slog writers’ pages; in turn these writers agree to fully comply with French laws, and possibly with the laws of other countries where they write their Slog. Any user may write, argue or criticize whatever he/she wishes, as long as the user complies with this basic rule.
Any deletion of content on a Slog hosted by toSlog will be the result of failure to comply with this rule.
A Slog is a website and a blog intended for creators.
A blog is a website written by one or more persons. It is different from a traditional website in that it has an interface that highlights the most recent information.
Creator, Author, Slogger, User:
In the context of the service provided by Versilio, this means any person who uses the Slog creation and writing tool available on toSlog, to create and write a Slog.
Post, note, article:
Publication(s) that may include text, links, photos, videos, music, etc. (this list is not exhaustive). Most often, every published post may be commented on by the Slog’s visitors.
Any information in any form (data, text, images, photos, files, etc.) that an author places on his/her blog.
Visitor, Reader, Internet User:
Any person who views a page hosted on “toSlog” and/or takes action by posting a comment.
Comments make a Slog interactive. Therefore, all visitors may comment on articles/posts on the Slog that they visit.
IP address associated with a computer, recorded during a connection to the service and counted only one time per 24 hour period.
The page-creation tools provided free of charge and accessible on www.slog.fr
The discussion space that Versilio makes available to all of its users. This service allows debate and discussion on a topic that a visitor provides or selects. Any visitor may read all other visitors’ contributions at any time, and may contribute in the form of articles.
Internet broadcasts of audio and/or video content.
The Site www.slog.fr is created by the Versilio corporation.
toSlog is a trademark registered with the French INPI (National Institute of Industrial Property) under number 3804924.
The Versilio corporation has informed the French CNIL (National data privacy commission) that data from the website www.slog.fr are processed under number 1516804 v 0.
The server is hosted in France by:
2-4 rue nieuport
Contact phone number: +33 1 740 741 00
FR VAT 72442447769
Article 1- INTELLECTUAL PROPERTY
The look and feel of the website www.slog.fr as well as all elements thereof, including brands, logos and domain names, are protected by applicable intellectual property laws; they belong to Versilio or are authorized for use.
No portion of the website www.slog.fr may be copied, reproduced, modified, altered, downloaded, distilled, transmitted or distributed in any manner whatsoever, on any medium whatsoever, either wholly or partially, without Versilio’s prior written consent, other than applicable fair use for media needs, subject to compliance with intellectual property laws and any other ownership laws as noted.
Any whole or partial representation of the Site by any process whatsoever, without Versilio’s express authorization, is forbidden and may constitute counterfeiting, punishable as per articles L.335-2 et seq of the French Intellectual Property Code. Versilio reserves the right to take legal action against all violations of its intellectual property rights.
Copying for personal use only is authorized for your personal, private and non-commercial use.
The following notice must appear on all authorized complete or partial copies of the Site’s content: “COPYRIGHT Versilio – ALL RIGHTS RESERVED.” All authorized use of the items composing or included in the Site must be done without changes, modifications or alterations of any type whatsoever.
Article 2- PURPOSE
toSlog is the name of the technical platform (scripts, programs, methods) and is not limited to the site www.slog.fr
Versilio provides an exclusive and free Slog creation and hosting service to individuals and associations. Companies and self-employed individuals may also use this service, subject to certain conditions. For more information, e-mail firstname.lastname@example.org .
The purpose of these terms is to allow the user to put a Slog online, on Internet networks, solely at the user’s liability. This applies to a Slog belonging to the user, that the user administers alone (or with others, with the Slog creator being considered as the owner), specifically using a creation and publication tool that is available online and is accessible with a password and username (user’s e-mail address).
Creators are solely liable for all Slogs. Versilio shall not be held liable for fraudulent/malicious use of its service.
Article 3- GENERAL DESCRIPTION OF SERVICE
In the context of its website www.slog.fr, Versilio offers a tool that allows anyone to create and write a Slog.
Each Slog that is created will result in certain functions described in the “Service Offerings” pages on www.slog.fr. Anyone who has a standard Internet connection may use this service.
Users of this Site acknowledge that they have the skills and means, specifically technical, to access this Site, and that they have verified that the computer that they are using has no viruses and is functioning properly. Users agree that they have checked their hardware configuration, and that it will not harm the service offered by the Versilio corporation.
Users may create one or more free Slogs, each with a different username, password and address.
Each user has a password, allowing the user to access the service; passwords may be changed at any time. Users are responsible for keeping their passwords confidential, and they agree to be fully responsible for all actions committed with this password.
Hosting of Slogs created on www.slog.fr may be subcontracted to another hosting provider.
Article 4-ACCESSING AND ADMINISTERING A SLOG
A Slog registered by a user is accessible at www.slog.fr. Users connect to www.slog.fr and identify themselves with their e-mail addresses and passwords as entered in the registration form. They can then edit the publications on their Slog.
Users may modify their Slog by logging into the publication interface, using their username or e-mail address and password.
When users register online to create a free Slog, they must agree to provide true, correct, updated and complete information about themselves as requested in the Slog creation form.
Users agree not to create a false identity that might mislead anyone.
Users agree that as soon as their Slog is registered, they will log in to the Slog’s dashboard, and in the “My Profile” section, complete all fields required to identify them. Users acknowledge having been informed that the information recorded in the “Public Profile” tab will be accessible to any Internet user at www.slog.fr , and that the information recorded in the “Private Information” tab is strictly confidential. The confidentiality agreement between the Versilio corporation and the user can only be broken by a court request or court order.
Users agree to immediately update the data that they provided during online registration if any of this information is not current.
Users are informed that they must verify their registration within 7 days of registering, by clicking (or copying into a web browser), the temporary personal URL received by the e-mail address that the user declared when registering to create a Slog. Slog registration is confirmed when the user receives a second e-mail.
After the Slog is created and verified, the user receives a second e-mail confirming the creation of the Slog and its URL. If the newly created Slog is not verified within 9 days, the Slog’s URL will not be assigned to the creator, and any other user may use the Slog’s address.
If the user provides false, incorrect, outdated or incomplete information, Versilio is authorized, as soon as it learns of this, to suspend or terminate the user’s account immediately, and to refuse that user access to all or part of the service, immediately and in the future.
Article 5- USER OBLIGATIONS
Before registering a Slog, users agree to make all necessary declarations and obtain all necessary authorizations as required by law.
Users agree that the content of their Slog, as well as the content of forum discussions comply with laws and regulations in effect in France, and, if applicable, with those of the country where the Slog is written.
Concerning requests to remove or delete a Slog, comments, photos or videos, the law of June 21, 2004 concerning confidence in the digital economy (LCEN) states that hosting providers are not responsible for unlawful content if the unlawful nature of that content has not been properly brought to their attention.
Third parties wishing to terminate what they consider to be a violation must therefore contact the writer of the Slog containing the content that the third party feels is unlawful. If the writer does not respond in a timely manner, Site [sic] using the “report abuse” form.
In all cases, Versilio reserves the right to refuse to take action on an incorrectly filed report, meaning one that was not first brought to the attention of the Slog writer, or a report concerning content that is not patently illegal.
If users or visitors feel that they have been harmed by content hosted by Versilio, they must give notice of this by using the proper form, located at the bottom of every Slog page hosted by Versilio. The complaint will be forwarded to the Slog author.
When Versilio receives an information request related to a user’s complaint about an illegal Slog, issued by the French Public Prosecutor, police or any other legal authorities, the Versilio corporation will process this request as soon as possible.
Note that users alone are responsible for the content they publish on the Internet and on their Slog. In no case will Versilio be considered liable for content created by users. Users agree that the content of their Slog will not harm third parties’ rights, specifically:
Article 5.1: Patently illegal content:
· Content published by users must not incite hatred, violence, anorexia, creation and use of explosives, suicide, racism, anti-semitism, xenophobia or homophobia. It must not excuse war crimes or crimes against humanity. User-published content may in no way incite discrimination against a person or group of people due to ethnicity, religion, race, sexual orientation or handicap.
· User-published content may in no case depict pedophilia or child pornography. If so, as soon as Versilio is aware of this type of content on a Slog that it hosts, the Slog will be immediately and completely deleted and the user’s contact information will be provided to the appropriate authorities.
· User-published content may not incite crimes or acts of terrorism.
In the context of its obligations to monitor clearly illegal content, as stated in the law of January 21, 2004 on confidence in the digital economy, the Versilio corporation may need to view a copy of messages sent to a blog writer using the contact form available on the blog.
Article 5.2: Inappropriate content
· Users agree, before publishing any content, to familiarize themselves with the rules and limits related to free expression. Free expression authorizes criticism and the reporting of verified and proven information. It does not authorize denigration and defamation. Any denigration, defamation or allegation of information that is untrue, or deliberately edited to change its meaning may result in legal action against the author.
· User-published content must not harm or contravene public safety or proper morals. It must not offend the sensibilities of minors.
· User-published content may not depict anything of a pornographic nature.
· User-published content must not harm third parties’ rights of reputation, privacy and image.
· User-published content must not be denigrating or defamatory as defined by law.
· User-published content must not harm the image or reputation of a brand, an individual or a legal entity; free expression authorizes criticism that is objective, well-reasoned and based on actual fact.
· User-published content must not harm the security or integrity of any country or territory.
· User-published content must not allow third parties to procure pirated software, software identification numbers or any software that might destroy or harm third parties’ rights or property in any manner whatsoever.
· User-published content must not harm the intellectual property rights of any individual or legal entity whatsoever.
· If content is removed due to violation of a third party’s copyright and if the user feels that there has been an error, the user may appeal the decision.
· If a user infringes on third parties’ intellectual property rights multiple times, the user’s account may be cancelled.
· Users may not use brands related to Slog or any other similar brands that might lead to confusion, without Slog’s written consent.
· If a user obtains information from other users, the first user must obtain the consent of subsequent users and must be clearly identified as having gathered this information (and not Slog).
· Users may not identify people who do not use Slog, and may not e-mail them without their permission.
· In the context of Slog’s copyright protection policy, Slog will terminate a user’s access if that user is a repeat copyright violation offender. A repeat copyright violation offender is a user who has been notified more than twice about an activity presumed to be copyright violation, subsequent to a notification submitted by a third party.
How to report intellectual property violations
Versilio is committed to respecting intellectual property rights. Users and visitors of the Site www.slog.fr will find the necessary information to report any intellectual property rights violations on the site. The site also includes answers to frequently asked questions about the site’s policies.
Note that only the intellectual property rights owner (or his/her agent) may report a rights violation. If the user believes that material available on the Site www.slog.fr infringes on a third party’s intellectual property rights, the user must communicate directly with the rights holder.
If users wish to dispute the deletion of their content, they may submit a dispute using the notification that they received by e-mail, or the warning that they received at the top of their home page.
How to report inappropriate content not related to intellectual property
To report inappropriate content on a Slog, not related to intellectual property, use the “Report Abuse” form available on the Site www.slog.fr.
For example, anyone may report the following types of content:
· Content that incites hatred, violence, anorexia, creation and use of explosives, suicide, racism, anti-semitism, xenophobia or homophobia. Content that excuses war crimes or crimes against humanity.
· Content that incites discrimination against a person or group of people due to ethnicity, religion, race, sexual orientation or handicap.
· Content that depicts pedophilia or child pornography.
· Content that generally incites crimes or acts of terrorism.
After a report is filed:
Versilio agrees to review inappropriate content reports as soon as possible. Once all of the necessary information has been provided, Versilio will remove or deactivate access to the materials in question. The user will be informed and, upon request, Versilio will send the user the report in question. Versilio will terminate repeat offenders’ accounts.
If a third-party application infringes on users’ rights:
Applications developed by third parties and available on the Site www.slog.fr are not created by Versilio and are not hosted on its servers. Therefore, Slog cannot control these applications or remove prohibited content from them. If users believe that an application created by a third party is infringing on their rights, Versilio recommends that they contact the developer in question directly. The application’s “About” page contains a link to contact the author.
Users may contact Versilio if the problem persists after contacting the developer; use the address email@example.com. Versilio may then determine whether the developer is complying with his/her legal obligations related to content issues.
In case of identity theft:
If someone creates an account to attempt to impersonate another user, the user must go to that account and click “Report Abuse.” The user must then specify the true web address that leads to the real account.
Article 5.3: Commercial Activity/Advertising
· All individuals and legal entities are prohibited from contacting one or more Slog writers to offer payment or any other type of compensation in exchange for advertising on the part of the Slog writer; requests of this type can be made only with Versilio’s express consent.
· Users may use their slogs to sell items that they indisputably own. Users agree to personally make all required legal filings related to the resulting income. Users acknowledge having been informed that if they regularly carry out sales on their slog, and if those sales constitute monthly income that is also regular, the French tax authorities may consider the user to be a business, and may impose the filing requirements and fees associated with that status.
· In no case may users sell, give away or exchange stolen goods, or goods associated with embezzlement, fraud, abuse of trust or any other criminal activity. Anyone who determines or suspects that a user’s sales are illegal must immediately inform the toSlog team.
· Users agree that in no case will they enter into agreements with an advertising entity that is not affiliated or partnered with Versilio; users agree not to display advertising material (specifically but not limited to text, images, videos and links) provided/offered by an advertising entity that is not affiliated or partnered with Versilio.
· Users may display advertising for or promote an association, company or product if that advertising is unsolicited on the user’s part and if the user has all necessary authorizations from the association or company associated with the advertising.
· Users agree not to include on their Site, in any form whatsoever, any announcements that advertise or promote, in any manner whatsoever, an Internet Site or company whose activities compete with www.slog.fr.
· Users acknowledge having been warned that any advertising material provided by an external advertising entity not affiliated or partnered with Versilio, any advertising that Versilio considers inappropriate, as well as any system enabling falsification of click rates and/or statistics (auto-surf, Iframe, robots, etc) may be removed by the Versilio corporation as soon as it is notified of this; this rule does not apply to Slogs that are not directly hosted on the toSlog service, but are simply registered on its portal.
· Users authorize Versilio to index their Slog in any manner whatsoever, and using any means of communication, specifically by inserting links to the Slog into indexing tools for the Site www.slog.fr . Versilio cannot be considered liable for damages related to this indexing.
Article 5.4: Advertising messages
Versilio reserves the right to insert advertising messages anywhere in the service. Users cannot refuse this.
Article 5.5: Intellectual property/Miscellaneous:
Users warrant that all information, data, files, films, photographs, software or databases belong to them or are in the public domain.
Users agree not to use tools provided by Versilio for purposes other than publishing their Slog (specifically but not limited to data storage purposes).
In other situations involving use, reproduction, representation or communication to the public of an intellectual work belonging to a third party and protected by law (specifically but not limited to software, databases, intellectual works, brands, corporate names, patents, designs and models), users agree to obtain advance authorization or a license from the owners of those rights, under the terms specified by law.
Users may not sell or make available to third parties, either for payment or for free, services that the Versilio corporation offers, specifically on the Site www.slog.fr.
Users are responsible for the confidentiality of the password used to access the service and accept all liability related to actions committed with this password.
Users agree, in the context of their use of the service, not to commit actions of any type that might violate French law and, if applicable, the laws of the countries where they write their Slog, which might harm public safety or the rights of one or more third parties.
Finally, users must immediately inform Versilio of any legal action or complaint concerning the Slog’s content. They must respond to Versilio’s information requests, specifically concerning content that is presumed to violate the rules of proper conduct.
Article 6- VISITORS’ OBLIGATIONS
Visitors agree not to bring any legal action against Versilio because of non-compliance with the browsing policy listed above.
Visitors to the Site www.slog.fr or a Slog using that Site’s service acknowledge that they have the skills and tools necessary to access the various Sites accessible from toSlog. Visitors must have verified that their computer configuration and Internet connection do not contain any viruses and that they are functioning properly. Versilio cannot be held liable for improper functioning of these.
Visitors agree, when using the service, not to commit acts of any type that might violate French law and, if applicable, the laws of the country in which they access the Site, and which might harm French public safety or the rights of a third party.
Any fraudulent notification will result in legal action and will be subject to criminal penalties.
The Versilio corporation may refuse or suspend content that is made available by the service, if the content is patently illegal.
Content distributed on Slogs published by the service is the sole responsibility of the users who write it, whether they are Slog writers or whether they post comments.
The Versilio corporation may not be held liable for a problem related to Content found on a Slog written using the service available on www.slog.fr.
The deletion of a Slog containing images, text, design, etc. by its owner or by Versilio will not result in the cancellation of the Slog’s URL, in order to avoid the Slog being recreated and Slogs that were well-known.
When a Slog is deleted by its owner or by Versilio, the data concerning the Slog’s creator and any of the Slog’s users who posted comments are not permanently deleted. They will be kept for a period of time, depending on applicable laws.
Article 8- VERSILIO’S LIABILITY
Versilio cannot be held liable for the content of users’ Sites or personal pages. Users accept and acknowledge that they alone are responsible for information, text, images, videos, data, files and programs contained in their Slog, Site or personal page.
Users agree to be personally liable for, and to release Versilio from all liability, loss, claims, disputes, damages or expenses, including legal and defense costs, claimed by a third party or by another user due to their Site or personal page.
Versilio cannot be held liable for the content of external Sites, or for how access to these Sites functions. Versilio does not approve and is not responsible for the content, ideas, opinions, products or services sold on these external Sites.
Users acknowledge that they alone are liable for hyperlinks and Internet addresses that they include on their Site or personal page, and they indemnify Versilio, its subsidiaries, directors, agents and employees against all disputes or claims related to these links.
The Versilio corporation does not indemnify against nor can it be held liable for loss or alteration of files or data that the user transfers to its Site.
Users agree to transfer these data and files at their sole liability and with full knowledge of the potential risk. Users are responsible for performing all backup procedures that they deem necessary.
Versilio reserves the right to include an advertising banner, panel or popup window on the user’s Site, placed by any advertiser, and regardless of the access device (computer, mobile device) that the visitor is using.
In no case may users require a fee or compensation from Versilio or the advertiser. Versilio reserves the right to delete, modify, or move this advertising banner without first notifying the user.
Versilio does not guarantee a minimum level of traffic to the user’s Site.
Versilio does not guarantee any level of income or profit for the user.
Specifically, Versilio cannot be held liable:
· For the improper functioning, disruption or poor quality of services offered on the user’s Site;
· For the failure to sign, or a dispute in signing or executing a contract offered on the user’s Site;
· For hidden defects in, correctness, legality or dangerous nature of the goods and services offered on the user’s Site;
· For lies, exaggerations, theft, violence or harmful omissions committed by the user.
Article 9- FORCE MAJEURE
Versilio cannot be held liable or considered as having violated these terms in the event of any delay or non-performance, if the delay or non-performance is related to a case of force majeure as defined by case law of the French courts, including interruption, suspension, reduction or disruption in electricity or similar, or other interruptions to the telecommunications network.
In general, this information will be relayed via the Site www.slog.fr under the “Slogging” heading.
However, users acknowledge that providers of the telecommunications hardware, software and infrastructure used in these areas in no case absolutely guarantee the proper functioning of the toSlog service. As a user of technologies or infrastructure developed and provided by third parties, Versilio cannot guarantee that its service will never be interrupted or slowed down, especially in the event of a bug or product updates.
In addition, the Versilio corporation reserves the option to change the content of the Versilio page www.slog.fr and the users’ administration pages at its discretion, at any time and without prior notice.
CMS reserves the right to render the Site or services temporarily unavailable for maintenance or updates.
Article 10- INDEXING
The Slogs in question are not controlled by Versilio, and the site is not responsible for the content of these Slogs, or for changes or updates to them.
Versilio is not responsible for Webcasting or any other form of transmission received from a Slog. Versilio provides these links, texts, fixed and moving images and videos for your convenience.
The inclusion of any link does not imply Versilio’s approval of the applicable Site.
Only Slogs that are protected by a username and password will not be indexed.
Article 11- DISTRIBUTION AUTHORIZATION
By registering with the toSlog service, users authorize the Versilio corporation to, at its discretion, fully or partially distribute the content or elements of their Slog, specifically on the platform www.slog.fr.
Users of the service authorize Versilio to communicate the address of their Slog to any entity, Internet site or media in the general context of promoting their services.
Article 12-INFORMATION AND CONFIDENTIALITY
Pursuant to the law of January 6, 1978 concerning computer systems, files and freedoms, automatic processing of personal data from the Site www.slog.fr has been declared to the CNIL.
Pursuant to law no. 78-17 of January 6, 1978, users may, at any time, access the personal information related to them and held by Versilio and ask for these data to be modified or deleted. Pursuant to articles 36, 39 and 40 of the Informatique et Libertés (Information Privacy) law, users may ask that any information concerning them that is incorrect, incomplete, ambiguous, outdated or which is prohibited from being collected, used, communicated or stored be corrected, completed, clarified, updated or erased.
When an account is closed, and for all purposes of evidence, data concerning the user may be confidentially kept and archived by Versilio, according to applicable laws.
In order to improve the quality of its service and better meet users’ expectations, Versilio may collect personally identifiable data about the user, specifically by using cookies.
Article 13-COOPERATION WITH GOVERNMENTAL AUTHORITIES
Versilio is legally obligated to cooperate with authorities who wish to audit the content or identity of the service’s users. Users of the service acknowledge that the Versilio corporation may be released from its confidentiality obligation under the terms of Article 6 of the law of June 21, 2004, to which it consents.
The Versilio corporation cannot be held liable for a problem associated with content found on a Slog that it hosts. The Versilio corporation is not subject to any general obligation to monitor the information that it stores, nor to seek out facts or circumstances associated with illegal activities.
However, the Versilio corporation is required to inform the appropriate governmental authorities of patently illegal activities or information of which it becomes aware in the course of its operations.
Versilio is required to gather and store data that enable the identification of anyone who has contributed to the creation of content on its services.
Article 14-MODIFICATIONS AND LEGAL JURISDICTION
Users of the toSlog service agree that any dispute or complaint related to the operation of this service must be resolved before a jurisdiction in Versilio’s location.
In the absence of an amicable solution, any dispute that might arise between the
parties, concerning the preparation, execution, interpretation or termination-resolution
of the Contract will be under the exclusive jurisdiction of the
Tribunal de Grande
(Superior Court) for Versilio’s headquarters (namely, the Paris
Superior Court). This applies to summary proceedings, requests or multiple defendants.