the 15th of March 2021
The website that can be accessed at the following URL: red-social-innovation.com (hereinafter the “Site”) is published by the French Red Cross (hereinafter the “FRC”) and the Spanish Red Cross (hereinafter the “SRC”).
The Site is hosted by Google Cloud Platform (GCP).
The services offered on the Site are provided “as is” and are governed by these general terms and conditions of use.
1. Acceptance of the general terms and conditions of use of the Site
Users of the Site (hereinafter the “Users”) acknowledge having reviewed these general terms and conditions of use.
Users undertake to use and access the Site in accordance with these general conditions of use and in compliance with applicable French laws.
These general conditions of use of the Site are subject to change and be amended at any time. Users are invited to review them regularly.
The Site puts services online that enable Users, in particular, to:
- view content (solutions and current events);
- submit a solution;
- subscribe to the newsletter;
- subscribe to a personalised alert system.
3. Liability of Users
Users are fully liable for any information, materials and data they post on the Site, regardless of the nature or origin thereof, and regardless of the uploading, publishing, transmission or submission method used.
In the event of a complaint or claim initiated by a third party on the grounds of information or data originating from a User, the User shall provide the FRC and the SRC with all explanations and supporting documents and, in all cases, shall assume liability to the FRC and the SRC, as well as to third parties whose rights they may have infringed, for the possible consequences of their actions under the applicable statutes and regulations, including those providing for criminal liability.
On their own initiative, the FRC and the SRC may, without notice, suspend Users’ access to their customer account in the event of non-compliance with these general terms and conditions of use, in the event issues arise concerning the lawfulness of the data provided by the Users, or if the use made of the Site is contrary to its purpose, in particular in the event of the communication of data and content that are abusive, defamatory or illegal, that incite violence or hatred, or that infringe the rights of third parties.
Under penalty of criminal sanctions, Users shall not post illegal content whose effect, in particular, is to:
- advocate crimes against humanity;
- incite or advocate the commission of terrorist acts;
- incite racial hatred;
- incite hatred against persons on the basis of their sex, sexual orientation or gender identity;
- incite hatred against persons on the basis of their disability;
- distribute pornography, in particular child pornography;
- incite violence, in particular violence against women;
- violate human dignity;
- utter insults;
- allege or impute a fact that impugns the honour or consideration of a person (defamation).
Furthermore, Users undertake not to post online inappropriate content, in particular, content:
- unrelated to the purpose of the Site’s services;
- containing political, religious or philosophical opinions;
- contrary to good morals.
Users shall not:
- Infringe the intellectual property rights of the FRC and the SRC and other users (in particular, content protected by copyright, trademark law or the sui generis right of databases);
- Violate the personality rights of persons with whom they may be in contact through the services provided by the Site or of any other person;
- Put content online that is illicit or inappropriate in view of the purpose of the services provided on the Site;
- Record all or any part of the content of the Site and the databases linked thereto, under penalty of civil and/or criminal liability;
- Impair the proper functioning of the Site;
- Circumvent technical protection systems or carry out or incite acts of piracy;
- Usurp the identity of any third party;
- Divert or attempt to divert any of the features of the Site from their normal use;
- Use a software robot or any other equivalent automated process or tool to navigate on the Site.
4. Liability of the French Red Cross and the Spanish Red Cross
Users acknowledge that they are solely responsible for their use of the Site, access to which is dependent on the availability of the internet.
Users, as the users of this Site, are responsible for all costs incurred to access the Site and use the services offered on the Site.
The content and other data contained in the publications on the Site are provided for information purposes only. They are subject to error and may be incomplete or out of date. They shall in no event be deemed to constitute, in any manner, advice or decision-making assistance. Therefore, Users acknowledge that they interpret and/or use such content and data at their own risk. The FRC and SRC shall not be liable for any direct or indirect damage resulting from the use or interpretation thereof.
The FRC and the SRC shall under no circumstances be liable for the contributions of any User, which are the responsibility of the contributor thereof, and with respect to which the FRC and the SRC have no obligation to carry out any ex-ante control or moderation.
The sole obligation of the FRC and the SRC with respect to content hosted by the FRC and the SRC is to delete it from the Site after the fact, pursuant to a notice of the illicit or harmful nature thereof.
The FRC and the SRC shall not be liable for any non-performance of their obligations due to the occurrence of a force majeure event, including, but not limited to, wars, riots, insurrections, strikes, lockouts, shortages, fires, earthquakes, storms, severe weather, floods, breakdowns and, in general, any event that prevents the proper performance of their obligations.
The FRC and the SRC decline all liability for the characteristics and functioning of the computer or telephone equipment, browser, telecommunications network or any other technical means Users choose to access the Site. Users are responsible for ensuring that the technical characteristics of their equipment enable them to access and use the Site.
Moreover, the FRC and the SRC shall not be liable for any direct or indirect damage, including, but not limited to, loss of profits, customers, data, software and other intangible assets that may occur as a result of visiting the Site or if it is impossible to access the Site.
The FRC and the SRC will use their best endeavours to provide and secure access to, navigation on and use of the Site. However, Users represent that they are aware of the characteristics and limits of the internet and, consequently, acknowledge that the FRC and the SRC shall not be liable in the following cases:
– Temporary interruptions necessary to upgrade or maintain the Site or, more generally, to update certain files of the Site;
– Operating difficulties or a temporary interruption of the Site beyond the control of the FRC and the SRC, particularly in the event of an interruption of electricity or telecommunications services;
– Failures or malfunctions of the internet impacting the transmission of messages or documents;
– The risks that the editorial content of the Site and/or the Applications may be deleted, impossible to store, or transmitted in an incorrect or untimely manner;
– Poor technical performance and excessive response time for accessing the Site and/or the Applications and/or using the Services;
– The risks to which data and equipment are exposed due to the use of the internet (possible viruses, hacking, etc.).
The FRC and the SRC decline all liability for products and/or services offered by third parties, whether such products and/or services are:
– presented in the advertising or promotional spaces of its publications and Site;
– hosted on the pages of its publications and Site that are dedicated to products and services offered by third-party partners;
– accessible via hyperlinks on its Site.
5. Intellectual property
a) Title to the Site
All materials and data made available on the Site, including, but not limited to, illustrations, photographs, graphics, audio clips, video clips, text, and registered trademarks (hereinafter, collectively, the “Content”), are the sole property of the FRC and the SRC or their licensors.
The Content is protected by French and international copyright, trademark and unfair competition laws.
Users acknowledge that the Site, the Content and all underlying technology or software used in connection with the Site contain confidential information owned by the FRC and the SRC.
Users are not authorised to exploit any portion of the Site without the express written approval of the FRC and the SRC.
“Red Social Innovation” is a registered trademark of the FRC and the SRC. Other trademarks, logos, product names, and company names that appear in the Content are registered trademarks of the FRC and the SRC and/or their respective owners and are protected by law.
The trademarks and logos on the Site may be used publicly only with the authorisation of their owners.
Any unauthorised use of the Site’s Content constitutes infringement and may lead to civil or criminal proceedings.
If Users become aware of any infringement of copyright, trademarks or other rights, they shall inform the FRC and the SRC immediately.
b) Use of the Site
The Site is a component of the mission of the FRC and the SRC to encourage public discussion and action on social entrepreneurship and systemic and innovative change.
Therefore, unless particular materials are subject to specific restrictions as indicated, it is the policy of the FRC and the SRC to permit limited reproduction and distribution of the Content as follows:
Users may copy and distribute elements of the Content, provided:
(1) the particular section or article is reproduced in its entirety in its original form. Users shall not alter the substance of the Content in any way, or change or delete any copyright, trademark or other proprietary notices;
(2) all copies include a statement that the materials have been reproduced from this Site with the permission of the FRC and the SRC;
(3) copies are distributed solely for non-commercial educational or public policy purposes; and
(4) copies are distributed free of charge.
Provided Users comply with all these conditions, the FRC and the SRC grant Users a non-exclusive and non-transferable licence to use, copy and distribute the Content subject to the restrictions set out above.
Users shall not copy, reproduce, adapt, reverse engineer, disassemble, decompile, distribute, license, transfer, sell, modify, display, prepare derivative works based in whole or in part on the Content, republish, transmit, republish or otherwise use the Content without FRC and SRC’s prior written authorisation and other than as specifically described above.
To request such authorisation, Users should contact: email@example.com.
The registered trademarks, graphics, illustrations or other visual or audio elements of the FRC and the SRC shall in no event be reproduced separately from the textual content associated therewith on the Site. The FRC and the SRC retain all rights to the Site that they do not expressly confer.
Certain portions of the Site allow Users to view or download information, data, text, software, music, sounds, photographs, graphics, videos, messages and other materials, some of which may be protected by copyright (“User-Submitted Content”).
Users are entirely responsible for all “User-Submitted Content” made available on or via the Site, whether publicly posted or privately transmitted.
Users agree that when they request the publication of a text through the content or information submission page on the Site, it means that they allow all Users of the Site to access and use such information and to associate it with the User who published such content (for example, the User’s name and e-mail address).
To ensure that the site remains available to support the mission of the FRC and the SRC, all Users sharing materials are required to grant broad authorisation to redistribute and reuse their contributions under the Creative Commons Attribution-Share Alike 3.0 licence and the GNU Free Documentation Licence (non-versioned, with no invariant sections, cover text, or back cover text).
Therefore, by sharing any content for which they hold the copyright via the Site, Users agree to do so under licence.
If Users wish to share materials of other authors or of which they are a co-author, they may do so only if such materials are available under conditions compatible with these licences and provided the author is credited if required by the underlying licence.
In their sole and absolute discretion, the FRC and the SRC may choose to refuse or delete any User-Submitted Content. Furthermore, by making User-Submitted Content available, Users authorise the FRC and the SRC to make copies of the content to facilitate the display and storage thereof on the Site.
Users agree that the FRC and the SRC may or may not pre-screen content and that, subject to their sole discretion, the FRC and the SRC are entitled, but not required, to pre-screen, refuse, delete or move any content available on the Site.
Without restricting the foregoing, the FRC and the SRC shall be entitled to delete any content that violates the conditions of use or is otherwise objectionable, in each case as determined by the FRC and the SRC in their sole discretion.
Users agree that they shall assess and assume all risks associated with the use of any content, including any decisions made based on such content, as well as the integrity and accuracy of such content.
By posting content on the Site, Users authorise the FRC and the SRC to make any copies of the content they deem necessary to facilitate the publication and storage of the content on the Site.
The Site and the content may include security features to protect digital resources, and Users agree that the use of these resources is subject to the rules of use defined by the FRC and the SRC or by the content providers. Users agree not to attempt to override or circumvent the usage rules built into these security features.
The Site may contain, or third parties may provide via the Site, links to third-party websites or resources. The FRC and the SRC have no control over such sites and resources, and Users agree that the FRC and the SRC shall not be liable for the availability of such external sites or resources, and that they do not endorse and shall not be liable for any content, advertising, products, services or other materials available on or via such sites or resources.
If notification is received on firstname.lastname@example.org, the FRC and the SRC will review and, if appropriate, delete any third-party links that do not comply with these terms and conditions of use.
The FRC and the SRC may temporarily or permanently change, interrupt or suspend any part of the Site at any time. The FRC and the SRC shall not be liable to Users or to any third party for any change to, or for any interruption or suspension of the Site.
6. Communication and use of the logos of the French Red Cross and the Spanish Red Cross
The use of the emblem, name and initials of the French Red Cross, regardless of the communication medium, shall require its prior written agreement, which shall be granted on a case-by-case basis.
The use of the emblem, name and initials of the Spanish Red Cross, regardless of the communication medium, shall require its prior written agreement, which shall be granted on a case-by-case basis.
7. Personal data protection and cookies
In connection with the use of the Site, the FRC and the SRC, as joint data controllers, will collect and process personal data concerning Users.
Such processing will be carried out in accordance with applicable personal data processing statutes and regulations, in particular the French Data Protection Act, Act No. 78-17 of 6 January 1978, as amended by Act No. 2018-493 of 20 June 2018, Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (the “GDPR”), as well as any other statutes and regulations in force.
The personal data collection and processing procedures, as well as the rights Users hold with respect thereto, are available for review in the Personal Data Protection Policy. For additional information on the Personal Data Protection Policy, click here.
Each new User is recommended to review that document.
Specific information is also provided on each data collection form to ensure that Users are fully informed before any data concerning them is processed.
A cookie is a small file composed of letters and numbers that is stored in a dedicated space on Users’ equipment and in Users’ web browsers when they visit this Site.
The installation of cookies on Users’ browsers requires their consent, with the exception of technical cookies. When Users first visit the Site, a banner will inform them of the presence of cookies and request that they accept or refuse them. They will be installed only if the User clicks on “Accept”.
Furthermore, Users may at any time withdraw their consent for all or some cookies, with the exception of technical cookies.
These general terms and conditions of use are governed by French law.
In the event of a dispute or disagreement concerning the performance of these general terms and conditions of use, the parties shall first attempt to reach an amicable resolution. If they are unable to do so within a reasonable period of time, disputes shall be referred to the court with jurisdiction (Article 42 et seq. of the new French Code of Civil Procedure (Code de Procédure Civile).