Community Charter

Preamble

Access to and use of the CookiClub.app website are subject to reading and fully accepting the following:

Furthermore, for any questions relating to the operation of the Classifieds, Blogs, and Forums (hereinafter the “Community Services”) and the Photographs and comments attached thereto, you can consult the User Guide for the CookiClub.app Community, the Frequently Asked Questions, or contact us using the Contact Form.

I. General Information

1 – Purpose of Community Services

The purpose of Community Services is to facilitate exchanges between Members, whether they are individuals or professionals.

2 – Editing, Deleting, and Modifying Your Posts

Use of Community Services requires the creation of an account. To do so, click on “Register” in the upper right corner of the homepage and follow the instructions.

It is specified that the choice of photographs and usernames associated with each account is free, but that the Community member agrees not to choose usernames and photographs that are:

– contrary to the editorial line of CookiClub.app;

– infringing on the rights of third parties;

– illegal;

– contrary to public order and morality.

In any event, Community members acknowledge that CookiClub.app reserves the right to request the modification of any username or photograph that does not meet the aforementioned conditions. If the Community member in question fails to comply with CookiClub.app‘s requests in this regard, CookiClub.app reserves the right to delete the account in question, which the user accepts without reservation.

The Community Services are public spaces for expression. Each member is therefore fully responsible for the content of their messages and publications. They agree to comply with the provisions of this Charter as well as those of the Content and Form Manual.

The Community member grants CookiClub.app a revocable license for each publication they edit on the Site.

Members of the Community may request the removal of their posts at any time by using the Contact Form and specifying the following information in their message: title and date of publication of the message/post, and the username used.

3 – Indexing of Messages

All content published on the Site may be indexed by search engines and therefore may be viewed, downloaded, and stored by an audience outside of the Community. Users are informed and accept that CookiClub.app has no technical means to remove search engine indexing and are therefore advised to contact the relevant search engines directly. Similarly, if content has been removed from the Site for any reason, the user is encouraged to contact the individuals or organizations who, having stored the content prior to its removal from the Site, continue to publish it online. The user may not, under any circumstances, hold 2KOM France liable for any of the aforementioned uses, which they expressly accept.

4 – Security

4.1 Personal Security

CookiClub.app advises Community members against meeting in person and in private, or if necessary, recommends meeting in public places and/or in the company of trusted individuals.

4.2 Internet Security

It is strictly forbidden to access or attempt to access the CookiClub.app account of a third-party member.

Members of the Community agree that all personal information they provide when using the Community Services is truthful.

CookiClub.app strongly advises members to keep their passwords strictly confidential and not to share them with anyone under any circumstances, including anyone claiming to be a member of the CookiClub.app staff or to have any connection whatsoever with the Site.

CookiClub.app recommends that users choose different passwords and usernames, and that they prefer a password that includes both numbers and letters.

Finally, it is strongly recommended that you do not use the “keep me logged in,” “remember me,” or “save password” functions when using Community Services from a shared or public computer.

II. Responsibilities

Warning:

The Community is a public space for expression.

Exchanges between members and their publications take place under their sole responsibility.

Members must therefore personally ensure they respect the limits of freedom of expression and the rights of others.

1 – Responsibility of Publication Authors

1.2. General Provisions

As the author, the Community member is responsible for the content they publish, including posts on their own wall or that of another member, blog articles, announcements, forum posts, photographs, and comments on photographs.

The user agrees, in general, not to use the Community Services to transmit, destroy, or distribute their content in violation of any applicable contractual, legal, or regulatory provision.

Members agree to only share information to the best of their knowledge on the Community Services and not to publish any content that could harm third parties. As such, members acknowledge that they are solely and fully responsible for the information they share on the Community Services, both civilly and criminally.

Members are advised to exercise caution regarding information obtained free of charge on the Community Services by verifying it with professionals and considering it for informational purposes only. Members are solely responsible for verifying this information.

In accordance with the provisions of Law No. 2004-575 of June 21, 2004, on Confidence in the Digital Economy, and in compliance with the provisions of Law No. 78-17 of January 6, 1978, on Information Technology, Data Files and Civil Liberties, CookiClub.app informs users that it holds and retains data that could identify anyone who has contributed to the creation of content on the Site, and privately archives published content. This data will be transmitted to the judicial authorities upon request.

However, the storage and provision of manifestly unlawful messages/publications, or those contrary to the user obligations defined herein, may cease without notice when they have been brought to the attention of CookiClub.app via the Contact Form, or by following the procedure described in Article 2.5 of the General Terms and Conditions of Use of the Site.

1.2. Provisions Specific to Photographs

Photographs submitted by any user to illustrate pages relating to Blogs and Announcements are subject to all the provisions of this Charter. However:

– the photographs must be “neutral,” that is to say, they must have no other purpose than to faithfully illustrate the services offered by the user concerned;

– Given the large volume of photographs that can be uploaded by a single user, CookiClub.app reserves the right, at its sole discretion, to publish or not publish the photographs uploaded in this context.

2 – User Obligations

2.1. In general, the user agrees not to publish any content:

– illegal;

– contrary to public order and morality;

– racist, xenophobic, or revisionist in nature;

– inciting discrimination or hatred against a person or group of people, particularly on the grounds of their origin or their membership or non-membership of a particular ethnic group, nation, race, or religion;

– threatening a person or group of people;

– of a pedophilic nature;

– constituting fake news;

– inciting the commission of a misdemeanor, a crime, or an act of terrorism, or glorifying war crimes or crimes against humanity;

– inciting suicide;

– allowing third parties to directly or indirectly obtain pirated software or content, software serial numbers, software enabling acts of hacking and intrusion into computer and telecommunications systems, viruses and other logic bombs, and generally any software or other tool that infringes upon the rights of others and the safety of persons and property.

2.2. Furthermore, the user agrees to respect the rights of third parties, and in particular:

Personality rights, under which it is strictly forbidden to publish without the authorization of the person(s) concerned – without this list being exhaustive –:

– the image of a person;

– elements relating to the private life of a person;

– content that infringes upon the presumption of innocence attached to a person;

– Content that infringes on the confidentiality of private correspondence;

– Personal information, personally identifiable information.

Copyright and related rights (rights of performing artists, producers of phonograms and videograms, and database producers), under which it is strictly forbidden to publish, without the necessary authorizations of the third party(ies) concerned, all or part of:

– books, photographs, texts;

– songs, sounds;

– press articles, images;

– website content, forums, protected digital content, software, animated images;

– contributions published by third parties.

Industrial property rights under which it is expressly forbidden for a member of the Community to reproduce, imitate, or use trademarks, logos, designs, and models, or to infringe patents for which they do not hold the related industrial property rights.

2.3. CookiClub.app draws members’ attention to the risks they incur by publishing the following content:

– Defamatory:

Publishing a message containing accusations that damage the honor or reputation of a person/group is punishable by fines ranging from €12,000 to €45,000.

– Abusive:

Publishing an outrageous, insulting, or contemptuous message about a person is punishable by fines ranging from €12,000 to €45,000.

– Misleading:

Publishing false reviews, whether positive or negative, relating to the products and/or services of individuals or companies is prohibited by the Consumer Code and/or may lead to the civil liability of the Community member. Furthermore, the Directorate General for Competition, Consumer Affairs and Fraud Control (DGCCRF) is working to prevent the proliferation of these unfair practices. Therefore, we inform Members that any message identified as such may lead to legal action against them.

In order to respect the limits of free expression and freedom of information, it is therefore necessary to prohibit all statements that:

– False, unfounded, or pursuing an illegitimate objective;

– Excessive, unnuanced, disproportionate, exceeding the bounds of free criticism (“charlatans,” “swindlers,” “scams,” etc.);

– Marked by personal animosity.

3. Sanctions

CookiClub.app reserves the right to deny access to any user who does not comply with the user obligations defined in all the documents referred to in the Preamble herein. Any user who has been excluded from the Community Services and attempts to access them again under other pseudonyms will be subject to immediate, systematic, and unjustified exclusion.