These Terms of Service (hereinafter the "ToS") describe the terms and conditions under which OverBlog (hereinafter "OverBlog") provides the user (hereinafter "User") with a service for creating and hosting blogs (hereinafter after the "Service").
Access to this service is subject to compliance with these Terms of Service. Any user wishing to access must have read these Terms of Service prior to use and agree to comply fully.
In accordance with Article 6 of the Act of June 21, 2004, the content of blogs is not on the responsibility of OverBlog.
OverBlog is a platform that respects your rights: any text, picture, video of which you are the writer and on which you have every right, will always be your sole property and, most importantly, regardless of future modifications that can be made to these Terms of Service.
OverBlog is a space of free expression: censorship is not practiced on the pages of the blog publishers, who in return agree to strictly comply with French laws and those of all countries other than France from which they will post their blogs, as long as this country is a state subject to the rule of law respecting freedom of expression.
Any user of the platform OverBlog can write, argue, criticize what he wants as long as it ensures the legality of his remarks.
OverBlog is a registered trademark with the INPI of Toulouse under the number 04 3327071
Site www.overblog.com has been declared to CNIL under the number No. 1045584 by OverBlog
Deposit APP: IDDN.FR.001.430030.000.SP2005.000.10000
Site www.overblog.com is published by:
Capital of € 47.320,00
1 Avenue Jean Rieux
Phone: +33 1 70 94 54 04
Siret 480 170 240 0003 4
Site servers are hosted in France by OverBlog.
OverBlog is a subsidiary of the Webedia group.
For any questions that you might wish to ask us, we urge you to use the contact form at your disposal. Any questions addressed to the wrong department may just be ignored: we receive a lot of email letters anyway so it would be nice at least not having to transfer them over to us internally. We are very serious about that.
Article 1 - INTELLECTUAL PROPERTY
The presentation and all materials, including trademarks, logos and domain names, appearing on the site www.overblog.com (not to be confused with the OverBlog platform, which includes the site www.overblog.com as well as the blogs of the OverBlog service users), are protected by laws on intellectual property, and owned by OverBlog or are subject to an authorization of use.
No materials from the site www.overblog.com may be copied, reproduced, modified, republished, uploaded, distorted, transmitted or distributed in any manner whatsoever, in any medium whatsoever, partly or fully, without the prior written consent of OverBlog with the exception of strict use for journalistic purposes and subject to the express consent of OverBlog.
Any total or partial reproduction of the site, by any means whatsoever, without the express permission of OverBlog, is prohibited and constitutes an infringement sanctioned by articles L.335-2 et seq of the Code of intellectual property. OverBlog reserves the right to institute legal proceedings against any infringement of its intellectual property rights.
Only private copying or a non-permanent translation device of the site content are allowed provided they are for your personal, private and non-professional use.
Article 2 - PURPOSE
OverBlog is the name of the technical platform (scripts, programs, methods) and is not limited to the single site www.overblog.com.
All free blogs created on the platform OverBlog by a user are accessible through (mainly) a URL in the form http://blogaddress.overblog.com (an address without the "overblog.com" domain extension is proposed in the Premium Pack).
OverBlog provides any individual, association, company or community with a service free of charge, although it obviously recommends everyone to opt for its premium fee service.
These conditions are intended to clarify the conditions under which a user can edit a blog on the service OverBlog, blog which is administered by the user himself or by more users (being considered as editorial manager the one who conducts the creation of the blog or is explicitly designated as the head), mainly through a tool for creating and publishing, directly available online and accessible by password and username (the email).
All blogs are on the sole responsibility of their creator. OverBlog cannot be held responsible for any fraudulent / malicious use of its service.
Article 3 - GENERAL DESCRIPTION OF SERVICE
Through the OverBlog service OverBlog provides a tool that allows anyone to create and edit a blog, and submit any content on this blog of which he is the author or the holder of the necessary rights, including the content that has already been published on any third party service other than OverBlog. Moreover, OverBlog provides its users with an option enabled by default allowing them to share their blog content published on another OverBlog blog, which they implicitly accept as long as they do not disable this option, thus renouncing all claims against anyone who made use of this device.
Any OverBlog user acknowledges he has the skills and technical resources needed to access the platform, and has verified that the configuration in use is virus-free and in perfect working conditions. The user also commits himself to have verified that the configuration of his equipment may not cause any prejudice to the service proposed by OverBlog.
A user can create one or more blogs with a username, a password and a different URL for each blog. The user guarantees the confidentiality of the password used to access the service and agrees to bear all responsibilities related to acts committed with this password.
The user agrees not to impersonate another person unless parody exception, in which case the user agrees to clearly indicate to users that his blog is a parody / pastiche. In any way OverBlog will not delete a blog following this simple requirement.
Article 4 - ACCESS AND ADMINISTRATION OF A BLOG
The administration of the blog created by a user is accessible via the address www.overblog.com. The user connects to the site www.overblog.com and is identified by the email address and password that he transcribed in the registration form to the service.
Immediately after registering online for creating a blog, the user undertakes strictly to provide true, accurate, current and complete information about himself in the Profile page of the Settings tab of the administration of his blog. OverBlog is required to an obligation of confidentiality on the data provided by the publisher of the blog by Article 6 of the Act of June 21, 2004, and this data may be transmitted to any third party only when requested by court order. The user declares himself informed that the information stored in the page "Public Profile" will be accessible to any user on the site www.overblog.com.
The user agrees to promptly update the data he provided when registering online when some or all of this will not be in line with its current situation.
The user is informed that he must confirm his subscription within 7 days of the request, by clicking or copying into his browser the temporary personal URL received on the email address he declared at the creation of the blog.
The user declares himself informed that by its nature a blog is public and that any third party can see it and its content (however, the Premium package provides a service that allows you to restrict the blog access by means of a password).
Article 5 - OBLIGATIONS OF THE USER
It is once more pointed out that the user is the sole responsible for the content he spreads on the Internet and on his blog, in no event OverBlog shall be held responsible for the content created by the user.
The user agrees that the content of his blog complies with laws and regulations in force in France, and, if the need arises, in the country from which he publishes his blog, since this country is a state subject to the rule of law respecting freedom of expression.
The user particularly agrees that no content can be described as pedophile (child-pornographic), failing which, when OverBlog became aware of such content on a blog it hosts, the blog would immediately and completely removed, and the user personal details transmitted to the competent authorities.
Section 5.1: Child Protection:
In partnership with the association of child protection on the Internet "e-Enfance", OverBlog contributes to child protection by responding in a very short timeframe to notifications sent to it. Moreover, for any matter relating to child protection, users can address the national number of Internet Service Net Ecoute 0820 200 000 (0.09 cents/min).
Section 5.2: Manifestly Unlawful Content:
- The content posted by the user should not incite to hatred, violence, anorexia, manufacture and use of explosives, suicide, racism, antisemitism, xenophobia, homophobia, or be an apologist for war crimes or crimes against humanity;
- The content posted by the user should have in no way a pedophile character;
- The content posted by the user should not incite people to commit a crime or an act of terrorism;
- The content posted by the user should not lead to discrimination against a person or group of persons because of their ethnicity, religion, race, or because of sexual orientation or disability.
Section 5.3: Contentious Content:
- The user agrees to be aware, before any publication, of rules and limits on freedom of expression. Freedom of speech allows criticism, the report of verified, proven information; it does not allow denigration and defamation of bad faith. Denigration, libel, or allegation of either incorrect or deliberately truncated information in order to change its meaning may result in prosecution of the perpetrator.
- The content posted by the user should not have pornographic character (for such type of content, OverBlog provides the user a dedicated hosting platform accessible at www. erog.fr);
- The content posted by the user should not affect the privacy of third parties and their image, when those rights have priority over the right of public information;
- The content posted by the user should not be, in the strict sense of the law, derogatory or defamatory in such a way that a court would condemn the author of such content. It is in no way prohibited to the user to criticize when criticism is objective and measured;
- The content posted by the user should not allow third parties to obtain pirated software, serial numbers of software or any software that may harm or affect in any manner whatsoever the rights or property of third parties;
- The content posted by the user should not infringe the intellectual property rights of any person or entity whatsoever.
Article 5.4: Business / Advertising
- It is strictly forbidden to any person or entity to contact one or more blog publishers to offer him any compensation or reward in exchange for advertising services from the publisher of the blog, any such request must be made only with the express consent of OverBlog;
- The user can use his blog as a medium for selling goods of which he has clear property (directly or indirectly). The user agrees to conform to all current dispositions in terms of declaration of revenues that would thus result. The user declares himself warned that in case of regular sales on his blog, these sales constituting a regular monthly income, the French government may consider him as a professional trader with all the obligations and charges related to this status.
- The user may not under any circumstances offer the sale, donation or exchange of property stolen or gained from misuse, fraud, breach of trust or any other criminal offense; anyone detecting or suspecting that sales made by a user are not regular must immediately inform the team OverBlog through contact forms to report abuse on this blog;
- The user undertakes not to enter into any agreement with any advertising or non-affiliated partner OverBlog, the user agrees not to display advertising material (especially but not exclusively: text, image, video, link) deriving from / proposed by an advertising agency or non-affiliated partner OverBlog, except in case of express agreement concluded with the OverBlog;
- The user can display advertisement or promotion of a partnership, company, product provided the user would be acting on his own initiative and would have all the permissions from the association / corporation involved in the said advertisement.
- The user undertakes not to display on his blog, in any form whatsoever, one or more advertisements which advertise or promote, in any manner whatsoever, a website or a company carrying on business in competition with that of www.overblog.com, except express agreement concluded with the OverBlog;
- The user declares himself warned that any promotional material provided by an external advertising agency not affiliated or partner to OverBlog, any advertising considered to be abusive by OverBlog, and any system to distort the number of clicks and / or statistics (auto-surf, iframe, robots, etc) can be deleted by OverBlog when it is notified of its existence;
- The user authorizes OverBlog to reference his blog in any way or by any means of communication, including the insertion of links to and from the blog in the indexing tools of the www.overblog.com site. OverBlog cannot be held responsible for damages deriving from SEO operations.
Article 5.5: Intellectual Property / Miscellaneous:
The user guarantees that all information, data, files, movies, photographs, software, or databases are in his ownership or are right-free.
The user agrees not to use the tools provided by OverBlog for any purpose other than the publication of his blog (especially with non-exclusive purpose of content storage).
In other cases, for use, reproduction, representation or communication to the public of a work of authorship owned by third parties and protected by law (including, but not limited to, software, databases, works of the mind, brands, company names, patents of inventions and designs), the user agrees to obtain prior authorization or a license from the rights holders, in the conditions imposed by the laws .
The user agrees not to include on his blog addresses or hyperlinks to external sites that are contrary to laws and regulations, and which violate the rights of others or that are contrary to these Terms and Conditions of use.
Users may not sell or make available to third parties, either against payment or free of charge, the services offered by OverBlog, notably on the site www.overblog.com.
Finally, the user must immediately inform OverBlog of any legal action, and any complaint about the content of his blog. He will have to answer any requests for information made by OverBlog in this direction.
Article 6 - OBLIGATIONS OF THE VISITOR
In using the service the visitor agrees not to engage in acts of any nature whatsoever which may be contrary to the French law and, if the need arises, the laws of the country from which he connects, which impair the French public order or harm the rights of a third party.
Article 7 - BREACH OF TERMS
Any abuse notice will result in prosecution and will be subject to civil or criminal procedure sanctions.
Deleting the blog by the editor or by OverBlog will not result in the removal of the blog URL, just to avoid any confusion.
In case of the blog removal by its owner or by OverBlog, the data both of the blog author and the users who have posted comments are not permanently deleted; they will be kept for the whole period prescribed by law.
Concerning the applications for the withdrawal or removal of blogs, comments, photos or videos, the law of 21 June 2004 on confidence in the digital economy (LCEN) indicates that the hosts are not responsible for the contentious content that they house when they were not acquainted with its contentiousness.
A third party who wants to end what he considers an injury must therefore immediately and definitely contact the website editor (via the contact form on this blog); if he fails to contact him or the publisher of the blog refuses to remove the notified content despite a court order to do so, he must justify to the OverBlog this inability to contact the blog editor or to execute the court ruling.
In any event, OverBlog reserves the right to refuse to respond to a misleading notification, that is a notification that has not previously been brought to the attention of the blog publisher, or a notification on content which is not manifestly unlawful.
Article 8 - LIABILITY OF OVERBLOG
OverBlog cannot be held responsible for the content of the blogs it hosts edited by users of the service OverBlog.
Therefore the user agrees to assume personal liability and to release OverBlog from all liability, loss, claim, dispute, damage or expense, including legal and defense fees, claimed by any third party or by another user because of his blog and of any content published on it.
OverBlog cannot be held responsible for the content of sites listed on the blogs it hosts and that would be unrelated to OverBlog. According to the law, OverBlog does not check a priori the content it hosts and checks only the content that is properly notified.
The user agrees to be the sole responsible for the hypertexts, links, and Web addresses included on his blog and guarantees OverBlog, its affiliates, officers, agents and employees against any dispute or claim relating to these links.
OverBlog does not answer, and cannot be held responsible, for loss or corruption of files or data the user transfers on his blog.
The user agrees to transfer data and files under its own responsibility and properly. It is the responsibility of the user to take any protection measure which he deems necessary.
OverBlog reserves the right to include a banner or a popup for advertising on the blog user, regardless of the advertiser, and whatever the medium (computer, mobile device) used by the visitor. In any case, the user may not require any fee or compensation from either OverBlog or the advertiser.
OverBlog cannot guarantee a minimum attendance of the user blog. In addition, OverBlog cannot guarantee the user's ranking in any search engine, the latter's policy being foreign to it and in constant evolution. However, OverBlog agrees to maximize the ranking of the blogs it hosts according to the SEO techniques which are recognized and authorized by search engines.
OverBlog cannot guarantee the realization of any revenue or profit by the user.
Article 9 – FORCE MAJEURE
OverBlog cannot be held liable or deemed to have breached these conditions for any delay or failure, when the cause of delay or failure was due to an act of God as defined by the case-law of French courts and tribunals, including the interruption, suspension, reduction or faults of electricity or any other interruptions of telecommunications networks.
While wishing to offer the best possible service to its users, OverBlog can not guarantee that its service is ever uninterrupted.
In addition, OverBlog reserves the right to modify the content of the page www.overblog.com and the user administration page in its sole discretion, at any time and without notice.
OverBlog reserves the right to make the Site or the service temporarily unavailable for maintenance reasons or update procedures.
Article 10 - AUTHORIZATION TO CONTENT SPREAD
By entering the service OverBlog, the user authorizes OverBlog, if it wishes, to distribute parts or the entire content of his blog, notably on the platform www.overblog.com. OverBlog agrees that this broadcast is primarily made in the interest of the user blog promotion.
The service user authorizes OverBlog to provide any organization, website or media with the address of his blog within the general promotion of their services.
In accordance with the law of 6 January 1978, the automated processing of personal data carried out by the service OverBlog has been declared to the Commission Nationale de l'Informatique et des LibertÃ©s (CNIL).
Under this law, the user can always access his personal information held by OverBlog, request changes or deletion. The user can request information to be rectified, completed, clarified, updated or deleted when it is inaccurate, incomplete, misleading, outdated or of which the collection or use, disclosure or storage is prohibited.
OverBlog draws the attention of Internet users to the law of January 6, 1978 not being designed for the removal of personal data published in articles of information only and of general interest.
At the end of the service and for all purposes of evidence, the user data may be stored and archived confidentially by OverBlog, under the laws in force.
Article 12 - COOPERATION WITH PUBLIC AUTHORITIES
OverBlog has a legal obligation to cooperate with the authorities who wish to conduct checks on the content or the identity of service users, and abides by it. Service users declare they are informed that OverBlog can be released from professional secrecy as provided by Article 6 of the Act of June 21, 2004, and therefore consent to it.
OverBlog cannot be held responsible for the content it hosts. OverBlog cannot be subject to any general obligation to monitor the information it stores, nor to seek facts or circumstances indicating illegal activity.
Article 13 – MODIFICATIONS AND JURISDICTION
These Conditions of Use are governed by the French law.
Failing amicable settlement, any dispute that may arise between the parties will be in the exclusive jurisdiction of the High Court within the jurisdiction of the headquarters of OverBlog (ie. the High Court of Toulouse) including in the event of summary proceedings, of any interlocutory application, or of multiple defendants.