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GENERAL TERMS OF USE

PREAMBLE

The purpose of these General Terms of Use ("Terms of Use") is to define the terms and conditions under which OverBlog ("OverBlog") provides creation and hosting services for blogs and personal webpages ("Services").
Access to and use of these services is subject to your acceptance of these Terms of Use. By using these services, you signify that you have read, understand and agree to be bound by these Terms of Use.
OverBlog is not liable in any manner for any content posted on the blogs.

DEFINITIONS

Weblog, Blog, news page or filter:

A weblog (portmanteau of the words “web” and “log”) is a web site where regular entries are made, very much like an online diary. Both in French and in English, weblog is often shorten in “blog”. (See definition at http://en.wikipedia.org/wiki/Main_Page)

Creator, Author, Blogger, User:

In the frame of services provided by OverBlog, refers to anyone using the blog creation and administration tools available at www.over-blog.com in order to create his/her own blog.

Entry, post:

This can be a simple link or a picture but more often this is a short text with external links. Generally, each post can be commented on by visitors of the blog.

Comments:

Comments guarantee the interactivity of a blog. Thus, visitors can comment on posts/articles of their choice in the blog they visit.

Visitor, Reader, Internaut:

Refers to anyone who consults and/or post a comment on a blog hosted by OverBlog.

Unique Visitor:

Internaut who visits a blog on a specified period. This visitor is assigned a unique IP address and/or a session cookie.

Content, Posts, Articles, Messages:
Refers to any material (data, texts, pictures, photos, files) published by an author and displayed on his/her blog.

Services:
Refers to all web pages and blogs creation tools and any services or facilities provided for free and available at en.over-blog.com

Forum:
Refers to the automated message board provided by OverBlog to all OverBlog users. Visitors can discuss a topic, either specified or chosen by a visitor. Each user can read all articles posted by other users at any time and post his/her own article to make his/her own contribution.
Visit our forum at http://forum.en.over-blog.com/

Chat room:
Refers to a social space enabling real time conversations, provided by OverBlog to all OverBlog users. Each user can read all articles posted by other users at any time and post his/her own article to make his/her own contribution.
You can access the chat room via your administration page. Go to the “forum & help” section and click on the “live chat” tab.

Webcasting:
Refers to the publishing of audio and/or video materials on the Internet.


Legal notice:

OverBlog is a trademark registered at the I.N.P.I (Institut National de la Propriété Industrielle) in Toulouse under the number 04 3 327 071
OverBlog (Platform of Blogs) is registered at the CNIL (Commission Nationale de l'Informatique et des Libertés) under the number 11 30 398
OverBlog is registered at the CNIL under the number 11 31 560
The website located at en.over-blog.com has been duly declared to the CNIL under the number 1045584 by OverBlog
Depot APP: IDDN.FR.001.430030.000.S.P.2005.000.10000

en.over-blog.com is operated by:
OverBlog Société Anonyme Simplifiée, a company registered in France
with a capital of 47 320€ and whose registered office is
1 Avenue Jean Rieux
31500 Toulouse
FRANCE
SIRET 480 170 240 00034
TVA FR10480170240

The Sites servers are hosted by:
OverBlog

Article 1 – INTELLECTUAL PROPERTY

The presentation and each of the materials, including trademarks, logos and domain names, posted on the website located at en.over-blog.com are subject to copyright and intellectual property rights and are the property of OverBlog or have been subjected to authorization of use granted to it.
No content of en.over-blog.com may be copied, reproduced, modified, republished, downloaded, altered, transmitted or distributed in any form or by any means, in whole or in part, without the prior written authorization of OverBlog except for press purposes and on condition that this does not infringe any intellectual property rights or any other property rights hereby mentionned.
Reproducing the site content in any form, on any support, in whole or in part, without the prior authorization of OverBlog is strictly forbidden and shall be deemed a punishable infringement under articles L.335-2 et seq. of the French Intellectual Property Code. OverBlog reserves reserve the right to take legal action against any counterfeit of its intellectual property rights.
The only authorized copies are for personal, non-commercial use only.
The following notice shall appear on all copies of all or part of the content of the Site: "COPYRIGHT OverBlog ALL RIGHTS RESERVED". All authorized use of visuals, whether constituting the site or included within it, must not be distorted, modified or altered in any way.

Article 2 - CONTENT

OverBlog is the name of the platform (scripts, programs, methods) and does not limit to the website located at en.over-blog.com
The blog created by a User at en.over-blog.com will be located at http://nom_du_blog.over-blog.com or http://nom_du_blog.over-blog.net or http://nom_du_blog.over-blog.org or http://nom_du_blog.over-blog.fr
OverBlog provides exclusive and free of charge weblog creation services. The purpose of these terms is to allow the User to put online his/her own Weblog which is his/her responsibility and his/her property The User shall manage the Weblog on his/her own, in particular through creation and publishing tools which are available online and are granted access by means of a password and a username (e-mail address).
The creator is solely responsible for his/her Weblog as well as any fonctiunalities provided by OverBlog.

Article 3 – DESCRIPTION OF SERVICE

In the frame of its website located at en.over-blog.com, OverBlog provides anyone who whishes to create a Weblog with dedicated tools.
Once the Weblog created, the User shall get access to different functionalities described in the "Services & Facilities" section of the website located at en.over-blog.com Anyone getting access to the Internet and to en.over-blog.com may use these services
The User represents and warrants that he/she has the ability and the necessary means to access and use the website and has verified whether the configuration is not virus-infected and is in working order.
The User may create one or several Weblog(s) for free, with a different username, password and address for each Weblog.
The User shall receive a personal password to get access to his/her blog and shall be able to modify it at will. The User is responsible for maintaining the confidentiality of the password used to access the Service and is fully responsible for all activities that occur under this password.
Hosting of the weblogs created via en.over-blog.com can be provided by subcontractors.

Article 4 – BLOG ACCESS AND ADMINISTRATION

The Blog created by a User may be accessed via en.over-blog.com The User shall log in on the website located at en.over-blog.com with his/her e-mail address and his/her password as indicated in the subscription form in order to edit and publish posts on his/her blog.
The User shall log in to the publishing interface with his/her username or e-mail address and his/her password in order to edit his/her blog.
When subscribing online to the service, the User undertakes to provide true, accurate, up to date and complete information about himself/herself, as prompted by the blog creation form.
The User undertakes not to create a false identity liable to mislead third parties.
The User undertakes to keep up to date the data he/she provided for subscription.
Prior to definitive validation of blog by OverBlog, the User is informed that he/she needs to validate his/her subscription in a period of seven days following his/her subscription by clicking or copying in his/her web's browser the temporary and personal URL sent to the e-mail address provided as his/her own when he/she subscribed for blog creation.
Following the validation of the blog creation, the User receives a second e-mail confirming the blog availability and the creation of the blog URL. Should the validation of the blog creation not be done, the blog URL shall be made available to other users again.
Should the User provide any information that is untrue, inaccurate, out-of-date or incomplete, once aware of the fact, OverBlog reserves the right to immediately suspend or cancel the User account and refuse any current and further use of the Service (or any portion thereof).
Any Internet user shall access a User's Weblog either via en.over-blog.com or via the Blog URL eg: http://blog_name.over-blog.com in order to consult the blog or to post comments.

Article 5 – USER'S OBLIGATIONS AND RESPONSIBILITIES

Prior to the creation of his/her blog, the User undertakes to make statements and obtain required authorizations in accordance with French law.
The User undertakes and warrants that the content of his/her blog as well as any message/notice posted on the forum or the chat room of the website located at en.over-blog.com shall be in accordance to French law. The User recognises and accepts that he/she is solely responsible for any content that he/she publishes or displays on the web or on his/her blog. Under no circumstances, will OverBlog be liable in any way for any content made available by the User. The User undertakes and warrants that no content of his/her blog shall violate or infringe upon the rights of any third party, in particular:

Article 5.1: Infringement upon third party rights:

- No User content shall violate or be contrary to public order or good moral values or shall be unsuitable for younger audience;
- No User content shall infringe upon reputation, privacy or publicity rights of any third party;
- No User content shall be derogatory, defamatory or invasive of reputation and publicity rights of any trademark, corporate body or natural person in any way or manner;
- No User content shall be contain pornographic or pedophile material;
- No User content shall corrupt or affect the safety and integrity of any State or territory;
- No User content shall allow to provide any third party with pirated softwares, software serial numbers or any software that would violate or infringe upon the rights or goods of any third party in any way;
- No User content shall infringe upon intellectual property rights of any third party.

Article 5.2 : Incitations:

- No User content shall encourage hatred, violence, suicide, racism, anti-Semitism, xenophobia, homophobia, war crimes or crimes against humanity;
- No User content shall encourage and provide instructions for criminal offences or acts of terrorism;
- No User content shall encourage discrimination towards groups based on ethnic origin, religion, race, sexual orientation or disability.

Article 5.3 : Solicitation / Advertising

- The User may not in any case solicite sale, donation or exchange of stolen goods or goods that come from misappropriation, fraud, breach of trust or any other violation of the law;
- The User undertakes not to upload and post any unsolicited advertising (including without limit any texts, pictures or links) unless authorized by OverBlog (eg in the form of a partnership) on the blog and agrees that any material unduly displayed shall be removed or substituted by OverBlog.
ADVERTISING ON A BLOG HOSTED BY OVERBLOG IS STRICTLY PROHIBITED UNLESS AUTHORIZED BY OverBlog
- The User undertakes not to display any advertising or promotional material on his/her blog unless authorized by OverBlog.
- The User undertakes not to display on his/her site, in any form, any advertisements promoting, in any manner, a website or a company providing the same services as en.over-blog.com
The User authorizes OverBlog to reference his/her blog in any manner and by any means of communication, particularly by adding links from and to the blog in the indexation tools of the website located at en.over-blog.com. In no event, will OverBlog be liable for any damage resulting from referencing.

Article 5.4 : Advertisements

OverBlog reserves the right to display commercials on the whole Service. In the frame of the partnership, the User may configure the display and content of the commercials displayed by OverBlog.

Article 5.5 : Intellectual Property / Miscellanous:

The User warrants and agrees that all information, data, files, films, photos, softwares or data base are his/her sole property and are copyright free.
The User undertakes not to use the blog publishing tools provided by OverBlog for any other purpose whatsoever (including without limit any data storage).
In case of use, reproduction, representation or distribution of any third party's intellectual work protected by law (including without limit softwares, data base, creative work, trademarks, trade names, patents, designs and logos), the User undertakes to obtain prior authorization or license granted by licensors in accordance with French law.
The User undertakes not to display web addresses or hypertext links referring to external websites that may be unlawful, infrige upon the rights of third parties or violate the Conditions of Use hereby.
The User is not allowed to trade or otherwise make available the services provided by en.over-blog.com, be it free of charge or against payment
The User warrants and agrees to safeguard password granting access to the Service and to be liable to any act undertaken with this password.
In the frame of the Service, the User undertakes not to indulge in any act whatsoever that may infringe upon French law, violate French public order or rights of third parties.
Finally, the User shall inform OverBlog about any legal action or complaint regarding the blog content without further delay. The User shall answer any request from OverBlog, in particular regarding the alleged unlawful content.

Article 6 – VISITOR'S OBLIGATIONS AND RESPONSIBILITIES

The Visitor undertakes to consult the website located at en.over-blog.com as well as the other blogs hosted within only with a browser supporting JavaScript language and enabling cookies.
The Visitor undertakes not to start proceedings against OverBlog regarding the consequences of noncompliance to browsing rules above mentioned.
The Visitor represents and warrants that he/she has the ability and the necessary means to access and use the website located at en.over-blog.com or any blog hosted by OverBlog. The Visitor shall verified whether the configuration is not virus-infected and is in working order. Under no cicumstances, will OverBlog be held liable in case of technical malfunction.
Anyone who would be invited by an OverBlog user to post comments or publish articles as an author shall comply with French law and regulations. The Visitor recognises and accepts that he/she is solely responsible for any content that he/she publishes or displays on the web Under no circumstances, will OverBlog be liable in any way for any content made available by the Visitor.
In the frame of the Service, the Visitor undertakes not to indulge in any act whatsoever that may infringe upon French law, violate French public order or rights of third parties.

Article 7 – NON-COMPLIANCE WITH TERMS OF USE

In case of violation of these Terms of Use, users shall report to OverBlog via: en.over-blog.com/contact.php or on each blog by clicking on "Report Abuse".
Any abusive notification may give rise to legal proceedings and be punishable by penalty.
Should the User fail to abide by these Terms of Use, OverBlog reserves the right to suspend any blog at any time, in its sole discretion and beyond dispute.
However, the User will be granted access to his/her blog administration pannel in order to remove the content that does not comply with French law or OverBlog Terms of Use. Meanwhile, the suspended blog will not be visible by internauts. Once the unlawful content is removed or modified and the User has notified the change, visitors will be granted access to the blog in question again.
OverBlog shall refuse or suspend the content displayed via the Service, in case the content would be obviously unlawful.
The users, who either manage blogs or post comments, and write the Content of blogs published via the Service are solely responsible of the Content.
Under no circumstances, will OverBlog be liable to any problem arising from the Content of a blog published via the service available at en.over-blog.com
The removal of a blog containing pictures, texts, designs etc by the owner or by OverBlog will not lead to the removal of the blog URL. This, in order to avoid, taking over of the blogs and also other blogs that benefit of a huge popularity.
Thus, once the blog is removed by its owner or by OverBlog, the data regarding the blog creator and the blog users who posted comments will not be deleted permanently but kept for a certain amount of time according to French law.
Regarding requests for removal or deletion of blogs, comments... French law n° 2004-575 dated June 21, 2004 on digital economy clearly states that hosters as well as Internet service providers cannot be considered as data base producers regarding the law on liability of publishers. "Article 6 – I paragraph 6"
The User shall seize the website producer by contacting him regarding an offending article, or any other form. In the event that a User or Visitor considers to be prejudiced on a blog hosted by OverBlog, the User or Visitor shall report the abuse by filling the appropriate form, available at the bottom of all pages of the blogs hosted by OverBlog. The blog's author shall be informed of the complaint. Should no action be undertaken, the User or Visitor shall lodge a complaint with the Procureur de la République, the police or the nearest gendarmerie.
Nevertheless, regarding some contents contained on the blogs, OverBlog may refuse to remove the content which has been displayed via the Service.
As soon as OverBlog shall receive the request for information arising from the complaint of a User on an illicit blog, from the Procureur de la République, the police, the gendarmerie or any legal authorities, OverBlog shall process the request as quickly as possible.

Article 8 – LIMITATION OF LIABILITY

In no event, will OverBlog be liable for the content of the websites or personal webpages of the User. The User recognises and agrees that he/she is solely responsible for any information, texts, pictures, data, files, programs, contained in his/her blog, website or personal webpage.
The User undertakes to disclaim OverBlog's reponsibility regarding any loss, complaint, dispute, damages or expenses, including legal fees, claimed by a third party or another User because of his/her website or personal webpage.
The Service is available for personal, non-commercial use only.
In the frame of these Terms of Use, OverBlog must act with due care. In no event, will OverBlog be liable for any loss, dispute or indirect damages of any kind resulting from the management, use, running, discontinuity or malfunction of the Service.
OverBlog shall not be held responsible for the content of third parties websites and access to these websites. OverBlog does not approve of and is not liable to the content, ideas, opinions, products or services provided on these third parties websites.
The User agrees to be solely responsible for any hypertext links or web addresses displayed on his/her website or personal webpage and warrants to hold harmless OverBlog, its affiliates, directors, agents and employees against any and all disputes or claims in connection with these links.
OverBlog does not warrant against and in no event shall be liable for damages for loss or corruption of files or data that the User uplooads on his/her site.
The User engages his/her own liability when downloading these data and files. The responsibility lies with the User regarding to any data backup that would seem necessary.
OverBlog reserves the right to display any advertising banner or pop-up ad on the User website, whoever may be the advertiser.
In no event, the User shall not seek compensation from OverBlog or the advertiser. OverBlog reserves the right to delete, modify or remove this advertising banner without prior authorization from the User.
OverBlog does not warrant a minimum number of visitors on the User website.
OverBlog also does not warrant the realization of any turnover or profit by the User.
OverBlog cannot be held responsible for:
- technical malfunction, discontinuity or low quality of the services provided on the User website;
- non conclusion or any dispute arising from the conclusion or execution of any contract proposed on the User website;
- hidden defects, compliance, lawfulness or dangerousness of goods and services provided on the User website;
- any and all lies, exaggerations, thefs, violences, fraudulent concealments committed by the User.

Article 9 – DISCLAIMERS

In no event, will OverBlog be liable or considered to have failed to abide by these terms for any delay or nonfulfilment, when resulting from a fortuitous event as defined by French juridiction, including power interruption, suspension, cut or troubles or any interruption of telecommunication networks.
The message will generally be made available on the forum of the wesite located at en.over-blog.com in the « News » section.
However, the User undertakes to be aware that the providers of equipments, softwares and telephone networks used in this field, give no guarantees regarding the smooth running of OverBlog. As a User of technologies or infrastructures developed and provided by third parties, OverBlog cannot undertake to provide a service without any interruption or delay, especially in case of bugs or updating.
Moreover, OverBlog reserves the right to edit the content of the page en.over-blog.com and of the administration page of the Users at its own convenience, at any time without notice.
OverBlog reserves the right to make the site and services temporarily unavailable for maintenance or updating reasons.

Article 10 – REFERENCING

When you access the links, pictures, texts and comments displayed at en.over-blog.com you leave the Site. Target blogs are not monitored by OverBlog and the company is not responsible for the content of these blogs, as well as any changes or updates.
OverBlog is not responsible for the Webcasting or any form of transmission received by a target blog. OverBlog provides these links, texts, pictures either static or in motion and videos for your own convenience.
Any addition of link does not imply approval of the site applicable by OverBlog.
Non referencing applies only to blogs which are protected by username and password.

Article 11 – DISTRIBUTION LICENSE

When subscribing to OverBlog, the User grants OverBlog the license to distribute the content of his/her webblog.
The User authorises OverBlog to disclose his/her weblog address to any organisme, website or media in the frame of sales promotion.

Article 12 – INFORMATION AND CONFIDENTIALITY

In accordance with French law dated January 6, 1978 on Computer Processing, Filing Systems and Liberties, the computerized processing of personal data made from the website located at en.over-blog.com has been duly declared to the Commission Nationale de l'Informatique et des Libertés or CNIL (French Data Protection Agency).
In accordance with French law n° 78-17 dated January 6, 1978, the User may at any time access information being kept about him/her by OverBlog, and to demand the correction or deletion of this data. Thus, in accordance with articles 36, 39 and 40 of French law on Computer Processing and Liberties, the User has the right to ask to rectify, complete, clarify, update or erase his/her data when they are inaccurate, incomplete, equivocal, outdated or when the collection, use, transfer or storage of such data is forbidden.
Once the account closed, for all legal purpose OverBlog may store and archive data about the User confidentially and according to the law in force.
In order to improve the quality of its services and to meet the users' requirements and expectations, OverBlog may collect personal data about the User, in particular through cookies.

Article 13 – COOPERATION WITH PUBLIC AUTHORITIES

In accordance with French law, OverBlog reserves the right to cooperate with appropriate authorities should they verify any content or service available via the Web or illicit activities made available by any User on his/her blog or forum… The Users are solely responsible for the content they write and post to the blogs published via the Service.
In no event, will OverBlog be liable for any problem arising from a content of a blog published by the service available at en.over-blog.com OverBlog has no obligation to monitor the data it stores and to search for facts or circumstances indicating illicit activities.
However, OverBlog shall inform relevant authorities about illicit activities or content it comes accross while carrying out its activities.
In accordance with French law, OverBlog is due to keep and store data about that would help identify any person who contributes to create content within the services provided by the company.

Article 14 – MODIFICATIONS AND RELEVANT JURISDICTION

These General Terms of Use are governed by and interpreted in accordance with French law and French language.
The User irrevocably agrees that the courts of France shall have exclusive jurisdiction over any disputes.
OverBlog reserves the right to modify these Terms of Use at any time, in particular in case of technical, legal or judicial modifications or display of new services. It is the User's responsibility to check these Terms of Use regularly. Should the User not agree not be bound by all updated terms, he shall not access and use the Service anymore.
By using the Service, the User signifies that he/she agrees to be bound by all specifications described in these Terms of Use and any modification that could be made by OverBlog.
In case of disputes or claims emanating from the User, OverBlog or any third party, relating in any way to the use of the Service, only the current version of these Terms of Use available at en.over-blog.com shall prevail, whatever the date of the contentious facts may be.
In the event the parties do not reach an amicable solution, any dispute regarding training, performance, resolution or cancellation of the Contract shall fall within the jurisdiction of the Tribunal de Commerce of which depends OverBlog Head Office, even in case of summary judgement, petition, or respondent plurality.