The Société Webedia, Société anonyme, registered under number 501 106 520 at the RCS of Nanterre and having its registered office at 2 rue Paul Vaillant-couturier 92300 Levallois-Perret is the supplier of the OverBlog platform, accessible at the URL address www.over-blog.com (hereinafter “OverBlog”).
OverBlog is the name of the technical platform (scripts, programs, methods) and is not limited to the website www.over-blog.com .
Any Blog created on the OverBlog platform by a User is accessible via (in particular) an url in the form https://adressedublog.over-blog.com (an address without the .over-blog.com suffix is available in the within the Individual or Business Premium Pack).
OverBlog provides its service to any individual, association, community or company free of charge, although it obviously recommends everyone to opt for their premium paid service.
Article 1 - DEFINITIONS
IP address: Designates the series of numbers constituting the identification element of the connection of the User on the Internet network.
Blog: Refers to an evolving website presenting information of all kinds, the content, form and presentation of which are very free and remain at the sole discretion of the authors, subject to compliance with the legislation in force and these General Conditions of 'Use.
User Charter: Refers to the Charter appended to the ToS detailing the moderation principles of all content published on Blogs by Users on OverBlog.
Content: Designates any information, in any form whatsoever (texts, photographs, images, videos, audiovisual combinations, files, data, hypertext links, etc.), posted on the Platform by any User.
The Site: Refers to the Website www.over-blog.com
Platform: Here refers to the entire OverBlog platform.
Services: Designate the services accessible from the Site by OverBlog defined in article 3.
User: Refers to any natural or legal person who uses the Site by creating a blog, simply visiting or posting comments.
Article 2 - PURPOSE
The purpose of these Terms of Service (“ToS”) is to specify the conditions under which a User can use the OverBlog Services.
Article 3 - GENERAL DESCRIPTION OF THE SERVICE
OverBlog offers through the OverBlog service a tool allowing anyone to create and edit a Blog, and to present on this blog any content of which they are the author or holder of the necessary rights. The Blog can be administered by one or more Users - being considered as editorial manager the one who creates the Blog or designating himself explicitly as the manager - in particular by means of a creation and publication tool directly available online accessible by password and username (his email).
The User creates his account in order to be able to access the following services and features of Overblog:
- Create and edit your Blog
- post comments on other blog posts
- receive the Overblog newsletter which informs the Members of the Site of the new services and features offered on the Platform, on the news around blogs, competitions organized by Overblog.
If the User no longer wishes to receive communications from Overblog, the User can modify their preferences in the "My account > Notifications" section or click on the unsubscribe link located at the bottom of the newsletters.
In addition, OverBlog provides its Users with an option activated by default allowing them to share on their blog content published on another OverBlog blog, which they implicitly accept as long as they do not deactivate this option. , waiving any recourse against any person who has used this device.
Any User of the OverBlog Service acknowledges having the skills and means, in particular the technical ones, necessary to access the platform, and to have verified that the computer configuration used does not contain any virus and that it is in perfect working order. The User undertakes to have verified that the configuration of his equipment will not be detrimental to the service offered by OverBlog.
A User has the possibility of creating one or more Blogs, with a username, a password and a different URL address for each Blog. The User guarantees the confidentiality of the password used to access the service and accepts all responsibilities related to acts committed with this password.
A limit on the number of blogs attached to an account is in place:
- During the first 15 days since the creation of the account, the account can only have one blog at most, except for Users with a premium blog
- Accounts with at least one premium blog can have a maximum of: 5 blogs
- Accounts without a premium blog can have a maximum of: 2 blogs
The User undertakes not to usurp the identity of a third party, with the exception of parody, in which case the User undertakes to clearly indicate to Internet users that his blog is a parody / a pastiche. OverBlog will in no case delete a blog respecting this simple obligation.
Ranking and SEO:
In accordance with articles L.111-7 and D.111-7 of the Consumer Code, Overblog recalls that the Site offers several blog suggestions on its home page, which are classified. These different suggestions are classified as follows:
- “Most read articles” are classified according to the number of visits to the articles,
- “Most popular articles are ranked according to the number of visits over the last 30 days
- “Articles to discover” are classified according to the number of visits over the last 7 days
- “Recent Articles” are listed in antecchronological order of publication.
When the User arrives on the home page of the Site, certain categories are highlighted.
These are subject to change and correspond to the categories that Overblog wishes to promote.
Within the Directory, each Category classifies the corresponding blogs in antecchronological order of its last publication.
Only content that does not comply with the Charter or that has been reported may be dereferenced from the Site.
Article 4 - ACCEPTANCE OF THE ToS
The User undertakes to carefully read and accept these ToS and User Charter (available in the appendix to the ToS) before validating their registration to the platform by creating their account.
These ToS are accessible on the Site under the heading "ToS"
The use of the Service implies unreserved acceptance by the User of all the conditions described in these ToS and of all the modifications that OverBlog could make in the future. In this context, the User undertakes to regularly consult the ToS.
If any of the provisions of these ToS should be declared inapplicable or is invalidated for any reason, this invalidity or inapplicability will not affect the Site or the validity of the other provisions of the ToS.
These ToS constitute the entire agreement between the Company and the User; the ToS prevailing over any other agreement, in any form whatsoever, previously entered into between them.
Modification of the ToS
These Terms of Service may be modified by OverBlog at any time, in particular in the event of technical, legal or jurisprudential developments or when new services are set up. The User must regularly check these General Conditions of Use and undertakes to immediately stop all use of the service in the event of their disapproval, the User being required to accept these Terms of Service. without reservation. As soon as the User no longer approves these Terms of Service, he undertakes to delete his OverBlog account as soon as possible.
Article 5 - ACCESS AND ADMINISTRATION OF A BLOG
The administration of the Blog created by a User is accessible via the URL address www.over-blog.com . The User connects to the Site and identifies himself by means of his e-mail address and his password which he respectively transcribed in the registration form for the service.
Immediately after registering online for the creation of a Blog, the User strictly undertakes to provide true, exact, up-to-date and complete information about himself in the administration area of his planned blog. for this purpose.
The User undertakes to keep the data that he communicated during his online registration to Overblog up to date without delay as soon as all or part of these are no longer in line with his real situation.
The User declares himself informed that by nature, a blog is public and that any third party will be able to consult it and these contents.
Article 6 - USER'S OBLIGATIONS
Any use of the Services by a User is under his sole responsibility. OverBlog cannot be held responsible for fraudulent / malicious use of the Services by any User.
The User agrees that the content of his Blog is in accordance with the laws and regulations in force, and if applicable in the country from which he publishes his Blog, since this country is a state of law respecting freedom of expression.
The User undertakes to respect the User Charter.
Article 6.1: Child Protection:
In partnership with the association for the protection of children on the Internet " e-childhood ", the company OverBlog contributes to the protection of children by reacting very quickly to the notifications which are transmitted to it. In addition, for any question relating to child protection, the national number of the Net Listening service is made available to Internet users +33 (0) 820 200 000 (0.09 cent / min).
Article 6.2: Trade / Advertising
Overblog, host, is not subject to the regime of article 242 bis of the general tax code and is not intended to provide a platform whose functionalities put people in touch with a distance with a view to the sale of a good, the supply of a service or the exchange or sharing of a good or a service within the meaning of article L.111-7 of the Consumer Code.
The User can use his Blog as a medium for the sale of objects of which he has undisputed full ownership. In accordance with this same article 242 bis of the general tax code, the User is reminded that he is liable to be liable for income tax resulting from this use of his Blog. The User declares to be warned that in the event that he regularly proceeds to sales through his Blog, sales constituting a regular monthly income, the French administration may be led to consider him as professional and impose the formalities on him. and charges attached to this status. The user can refer to the website of the tax administration to know the extent of the legal obligations by clicking on the following links:
The User must not under any circumstances offer to sell, donate or exchange goods stolen or resulting from embezzlement, fraud, breach of trust or any other criminal offense; any person detecting or suspecting that sales made by a User are not regular must immediately inform the OverBlog team, through the contact / report abuse forms on the Blog.
The User undertakes not to enter into any agreement whatsoever with an advertising agency not affiliated with or partner of OverBlog; the User undertakes not to put any advertising material (in particular without being limited to it: text, image, video, link) emanating / offered by an advertising agency not affiliated with or partner of OverBlog, unless expressly agreed concluded with OverBlog. It is forbidden for any natural or legal person to contact one or more Blog publishers in order to offer them remuneration or any reward in exchange for an advertising service from the Blog publisher; any request of this type can only be made with the express agreement of OverBlog.
The User can display advertising, or promote an association, company, product as soon as this advertising is spontaneous on the part of the User, and that he has all the authorizations from the association / company targeted by said advertisement.
The User undertakes not to include on his Blog, in any form whatsoever, one or more advertisement (s) advertising or promoting, in any way whatsoever, a website or a company exercising a competing activity to that of www.over-blog.com unless expressly agreed with OverBlog.
The User declares to be warned that any advertising material provided by an unaffiliated external advertising network or partner of OverBlog, any advertising considered abusive by OverBlog, as well as any system allowing to distort the click-through rates and / or statistics (auto- surf, iframe, robots, ...) can be deleted by OverBlog as soon as it is notified of its existence.
The User authorizes OverBlog to reference his Blog in any way whatsoever and by any means of communication, in particular by inserting links from and to the Blog in the indexing tools of the Site www.over-blog.com OverBlog cannot be considered responsible for any damage linked to this listing.
The User undertakes not to use, publish or distribute in any form whatsoever information or content having the effect of reducing, disrupting, preventing the normal use of services, interrupting and / or to slow down the normal flow of communications between Members through services, such as software, viruses, logic bombs, massive sending of messages (flood), advertisements, payment systems, etc ... Overblog reserves the right to delete the messages which are sent massively by the Member in order to preserve a normal quality of use of the service with the other members, as well as to bring to justice any author of actions coming to hinder the proper functioning of the Site.
Article 6.3: Miscellaneous:
For blogs linked to a non-premium (basic) subscription, a limit on the frequency of article or page creation for a defined period is applied. A blog that has exceeded this limit will potentially not be able to create an article or page for a certain time (estimated time: one to several hours). This precautionary system exists to limit the "spam" content generated within Overblog so as to offer an optimal quality of service to Users. If you think you are blocked because of this system, please contact support.
The User undertakes not to use the tools made available by OverBlog for any purpose other than the publication of his Blog (in particular without being limited to a single purpose of storing content).
The User may not trade, sell or make available to third parties, for payment or free, the services offered by OverBlog, in particular on the Site, without the express authorization of OverBlog.
Finally, the User must immediately inform OverBlog of any legal action, and any complaint concerning the content of his Blog. He must respond, if necessary, to requests for information from OverBlog made in this regard.
Article 7 - VISITS
Any User leaving comments must necessarily respect these General Conditions of Use and its attached Charter. As such, he is solely responsible for his comments, under no circumstances can OverBlog be considered responsible for the content published by such a User.
The User undertakes in the use of the Service not to engage in acts of any nature whatsoever which would be contrary to French law and, if applicable, the laws of the country from which he is connecting, which would affect infringement of French public order or the rights of a third party.
Article 8 - NON-COMPLIANCE WITH THE CONDITIONS OF USE
Users are invited to notify OverBlog in the event of a violation of these Terms of Service and of the User Charter via the contact form accessible from each Blog by clicking on the link entitled “Report Abuse”.
OverBlog reserves the right to suspend the Service to any User and Blog, due to a breach of these Terms of Service, without notice, any dispute raised by the User having to be substantiated.
However and in certain cases, the User can still access, despite the suspension of his Blog, the administration of the latter to remove content that does not comply with these Terms of Service; after having brought his Blog into compliance with the Terms of Service, the User will inform the OverBlog team by email at the address email@example.com of this compliance, and if it is effective, the suspension of service will be withdrawn within a reasonable time.
1 Place Occitane
When the Blog is deleted by its owner or by OverBlog, the data concerning the creator of the Blog and the Users of the Blog who have posted comments are not permanently deleted, they will be kept for the duration provided for by law.
The exclusion is final and does not give rise to any compensation. In accordance with article 323-1 of the Penal Code which specifies, ”the fact of accessing or remaining, fraudulently, in all or part of an automated data processing system is punishable by two years' imprisonment and 60,000 € fine ”, the User is prohibited from returning via another account, another connection or another IP address after having been temporarily or definitively excluded from the service if the latter has been informed.
Article 9 - RESPONSIBILITY OF OVERBLOG
OverBlog cannot be considered responsible for the content of the blogs it hosts, edited by Users of the OverBlog service.
The User agrees to do his own business and release OverBlog from any liability, loss, claim, dispute, damage or expense, including legal and defense costs, claimed by a third party or by another User due to his blog and any content posted on it.
OverBlog is bound by an obligation of means within the framework of these Terms of Service and can in no way be responsible for any loss, damage or indirect damage of any nature whatsoever resulting from the management, use, operation, interruption or malfunction of the service.
OverBlog cannot be considered responsible for the content mentioned on the blogs it hosts and which are unrelated to the OverBlog service. In accordance with the law, OverBlog does not perform any a priori control of the content it hosts and only checks the content that is regularly notified to it.
The User acknowledges being solely responsible for the hypertext links and Internet addresses that he includes on his Blog and guarantees OverBlog, its subsidiaries, managers, agents and employees against any dispute or any claim relating to these links.
OverBlog does not guarantee against - and cannot be considered responsible - the loss or alteration of files or data that the User transfers to his Blog.
The User agrees to transfer these data and files to the Platform under his sole responsibility and with full knowledge of the facts. It is the responsibility of the User to carry out any safeguard measures that he deems necessary.
OverBlog reserves the right to include any banner, block or pop-up window of an advertising nature on the User's Blog, whatever the advertiser, and whatever the medium (computer, mobile device) used by the visitor. Under no circumstances may the User demand a price or compensation from OverBlog or the advertiser. OverBlog reserves the right to delete, modify or move this advertising banner without the prior authorization of the User.
OverBlog does not guarantee a minimum number of visits to the User's Blog. In addition, OverBlog does not guarantee the User their listing in any search engine, the latter's policy being foreign to it and may change at any time. OverBlog, however, undertakes to ensure that the referencing of the blogs it hosts is optimized according to referencing techniques recognized and authorized by search engines.
OverBlog does not guarantee the achievement of any turnover or profit by the User.
Article 10 - INTELLECTUAL PROPERTY
The presentation and each of the elements, including the brands, logos and domain names, appearing on the Site, are protected by the laws in force on intellectual property, and belong to OverBlog or their respective author and as such, make the subject of an express prior authorization of use.
No element composing the Site may be copied, reproduced, modified, republished, loaded, distorted, transmitted or distributed in any way, in any medium whatsoever, in whole or in part, without the prior written authorization. of OverBlog except for strictly press use and subject to the express permission of OverBlog.
Any total or partial representation of the Site by any means whatsoever without the express authorization of OverBlog is prohibited and constitutes an infringement punishable by articles L.335-2 and following of the Intellectual Property Code. OverBlog reserves the right to pursue any act of infringement of its intellectual property rights.
Only copies for private use are authorized or a translation device of the non-permanent Site, for your personal, private and non-professional use.
Article 11 - MODIFICATION OF SERVICE & FORCE MAJEURE
OverBlog cannot be held responsible, or considered to have failed these conditions, for any delay or non-performance, when the cause of the delay or non-performance is related to a case of force majeure as defined by the jurisprudence of the courts and French courts including the interruption, suspension, reduction or disturbances of electricity or other or any interruptions of telecommunications networks.
Although wishing to offer the best possible service to its Users, OverBlog provides the Service “as is” and cannot guarantee that its service will be completely uninterrupted.
In addition, OverBlog reserves the right to modify, at its sole discretion, at any time and without prior warning, the content of:
- the page www.over-blog.com
- the Users administration page
- the appearance of User blogs (with a view to technological adaptation)
OverBlog reserves the right to make the Site or the services temporarily unavailable for reasons of maintenance or updating procedures.
Article 12 - DISTRIBUTION AUTHORIZATION
By registering for the OverBlog Service, the User authorizes OverBlog to reproduce, represent and distribute to any public all or part of the Content or elements of any Blog, in particular on the Site accessible worldwide given the nature from the Internet. OverBlog undertakes that this distribution is made in particular in the interest of promoting the User's blog.
The User of the Service authorizes OverBlog to communicate the address of his Blog to any organization, Website or media as part of the general promotion of their services.
Article 13 - PERSONAL DATA
Overblog undertakes to ensure that the processing of Users' personal data complies with the “Informatique et Libertés” law of January 6, 1978 as amended and the General Data Protection Regulations of April 27, 2016.
According to the services offered by Overblog on the Site, the User is informed of the processing carried out on his personal data in the data protection policy available here .
The customer acknowledges acting as responsible for processing personal data processed by the Webedia company on behalf of the customer and as defined in the personal data protection policy.
The customer is also informed of the regulations applicable to the deposit of cookies and described in article 82 of French law n° 78-17 of January 6, 1978 and in article 5(3) of the directive European 2002/58/CE of July 12, 2002. The customer is solely responsible for cookies and scripts that he inserts in his blog and guarantees Overblog against any related condemnation which could be pronounced against him.
Article 14 - COOPERATION WITH PUBLIC AUTHORITIES
OverBlog has a legal obligation to cooperate with authorities who wish to carry out checks relating to the content or identity of Users of the service, and submits to it. Users of the service declare that they are informed that OverBlog may be released from its professional secrecy under the conditions provided for by article 6 of the law of June 21, 2004, and consent thereto.
Article 15 - COMPETENT JURISDICTION
These Terms of Service are governed by French law.
In the event of disputes or complaints from the User, OverBlog or a third party, relating to the use of the service, only the version of these General Conditions of Use accessible on the Site www.over-blog.com will be binding between the parties, regardless of the date of the disputed facts.
In the absence of an amicable solution, any dispute that may arise between the parties will fall under the exclusive jurisdiction of the Tribunal de Grande Instance located within the jurisdiction of the head office of OverBlog (namely the Tribunal de Grande Instance of Nanterre) and this including in the event of summary proceedings, request or multiple defendants.
Article 16 - PARTNERSHIP
How to participate in the Influencers Label, in partnership with 750g.com:
The “750g Influencers Label” is a program created by OverBlog, in partnership with the 750g.com Site, intended to develop and promote Blogs in the “cooking” category.
Any Blog created in the "kitchen" category is automatically included in the "750g Influencers Label" program, whose logo is displayed in the search and administration bar, and benefits from the advantages associated with it:
- the possibility of one-off highlighting, on the 750g.com Site and its social networks, of content (recipes) selected by the editorial staff of the 750g.com Site. The editorial staff will not duplicate content, and will return traffic from the highlights directly to the blog concerned. The User accepts that some of his content (recipes) may be relayed from time to time on such editorial anchors, without notification.
- the possibility for the User to register with the commercial teams of the Webedia group, in order to be able, if necessary, to be solicited within the framework of advertising operations carried out for advertisers (production of culinary content, formats advertising ...). Registration is done proactively on the part of the User by clicking on this link.
- access to exclusive and one-off promotional offers
Any User who does not wish to benefit from these advantages has the possibility of deactivating the search and administration bar on his Blog. This action makes it automatically ineligible for editorial selection for promotion on 750g.com and its social networks, as well as for referencing with the Webedia group's sales teams to participate in advertising operations.
Blogs user charter
The purpose of this User Charter, annex to the ToS, is to detail the principles of moderation of all content published on Blogs by Users and recalls the best practices relating to freedom of expression that apply to the set of Users.
Article 1: Definitions
Content: designates, without this list being exhaustive, the structure, architecture of the Services, editorial content, texts, sections, drawings, illustrations, photos, images, sounds, videos as well as any other content present on the Services and / or any other element making up the Services.
Host: means the legal person who makes available to the public, through online communication services to the public, the storage of signals, writings, images, sounds or messages of any kind provided by recipients of these services.
Moderation: refers to the services offered by the website which are subject to a posteriori control of compliance by the User with this Charter and the general conditions of use.
Article 2: The principles of moderation
In accordance with the provisions of article 6.7 of the law of 21 June 2004 on confidence in the digital economy (LCEN), and taking into account the general interest attached to the repression of the apology for crimes against humanity, of provocation to the commission of acts of terrorism and of their apology, of incitement to racial hatred, to hatred towards people because of their sex, their sexual orientation, their gender identity or their disability as well as child pornography, incitement to violence, in particular incitement to sexual and gender-based violence, as well as attacks on human dignity, are not authorized within the Services. Users constituting offenses referred to in the fifth,seventh and eighth paragraphs of article 24 of the law of July 29, 1881 on freedom of the press and articles 222-33, 225-4-1, 225-5, 225-6, 227-23 and 227-24 and 421-2-5 of the penal code.
To allow the reporting of any illegal content by each User, Webedia provides them on the Site with a reporting system that is accessible and visible.
Obviously illegal content published on the Site by Users who are reported to
Webedia will be deleted if they constitute:
- Messages of a pedophile or child pornography;
- Racist, xenophobic, revisionist messages, defending a war crime, discriminating or inciting the manufacture and use of explosives, hatred whether against a person, a group of people because of their origin, their disability or their belonging or not belonging to a particular ethnicity, nation, race, religion, sex, sexual orientation, gender identity or way of life ;
- Messages of a manifestly insulting nature, or offending human dignity, likely to incite violence, suicide, commit a crime or an act of terrorism, condoning crimes against humanity or making statements deniers.
The User also undertakes not to distribute contentious content such as:
- Threatening messages, content that is offensive or incites harassment or anorexia;
- Defamatory or denigrating messages containing intentionally truncated information;
- Messages propagating or disseminating false information likely to disturb public order or alter the sincerity of a poll;
- Messages infringing copyright, image rights and respect for private life when these rights are superior to the public's right to information;
- Any request for hacking assistance whatsoever, as well as messages explaining how to proceed;
- Calls for the formation of groups with a view to committing attacks on automated data processing systems or on individuals (in particular concerns raids or harassment).
The following are also not authorized within the Services:
- The publication of Content that could allow third parties to obtain pirated software, software serial numbers or any software that may harm or infringe in any way whatsoever, the rights or property of third parties;
- The content published by the User must not be spamdexing (abusive referencing technique and contrary to the recommendations of search engines);
- Messages that may affect the proper functioning of the Services, such as flooding;
- Messages promoting tools or third-party sites intended to bypass moderation actions, or committing parasitic acts, or making requests to the site's servers that do not comply with its normal use, or that may endanger the security of User accounts.
Article 3: Webedia's moderation actions
In the event of a breach by a User of one or more obligations of this Charter, Webedia reserves the right to block the accounts and / or blogs of the Users concerned without any notice, to delete all data and content relating thereto, to prevent the publication of all or part of a User's profile, and / or block their access to all or part of the services, temporarily or permanently, without prior authorization, consideration or reimbursement.
Webedia may proceed to the outright deletion, at any time and without notice, of any content that does not comply with this charter. Webedia can also proceed to the outright deletion of content at the request of a judicial authority.
Webedia will promptly endeavor to remove or make inaccessible access to content of a contentious nature upon receipt of the notification. Anyone finding content contrary to this Charter or to the general conditions of use may contact Webedia at any time to report the contentious content to it under the conditions provided for in Article 4 below.
Article 4: Requests for removal of contentious content
Users must contact the author or publisher of the contentious content to request its interruption, removal or modification. In the event of no response or refusal on the part of the author or publisher of the contentious content, Users are invited to notify Webedia of a violation of this Charter and the Terms of Service.
The Site provides the User with a reporting system through a contact form accessible from each Blog by clicking on the link entitled “Report Abuse” at the bottom of the page.
The notification must specify the following elements:
If the notifier is a natural person:
- Last name and first name
- email address
If the notifier is a legal person
- Social form
- email address
Description of the contentious content
- Precise location (email address to which it is made accessible)
- Legal grounds for which the disputed content should be removed or made inaccessible
Any abusive notification will give rise to prosecution and will be liable to civil or criminal penalties.
As a host of the Services, Overblog is not subject to a general obligation to monitor the Content and information transmitted or stored by Users, nor to a general obligation to actively seek facts or circumstances revealing illegal activities of Users. . In its capacity as host, within the meaning of article 6.2 of the LCEN, Overblog is not responsible for the activities and information stored at the request of the recipients of the Services when it has not been regularly brought to its knowledge of the contentious nature of this content.