Terms & conditions of use of the site

Version Updated on 11/10/2023

1.    Object

The purpose of these Terms & Conditions of Use (hereinafter referred to as "the TCU") is defining the terms and conditions applicable when using the Site www.fondationshoah.org by its Users (hereinafter the "Users").
By accessing the Site, you acknowledge that you have read, understood, and accepted these Terms and Conditions of Use which constitute, together with the Privacy Policy and the Cookies Policy, the contract for data processing and use of the Site between the User and the FOUNDATION FOR THE MEMORY OF THE SHOA ("Foundation").
The Foundation may modify and update TCU at any time, to consider the services and products offered and the applicable regulations. 
Any changes we make will apply immediately upon notice, by any means, including, but not limited to, posting a revised version of these Terms & Conditions of Use on the Site. You can find out the date of revision of these Terms by referring to the mention "Last updated" at the top of these Terms. 
The French version of these TCU prevails over any translation, and it is this one that is authentic.
 

2.    Definitions

The following words are defined as follows: 

• Data: means any information relating to the User, provided by the User directly on the Site. 
• Personal Data: means any information that directly or indirectly identifies a User within the meaning of Law No. 78-17 of 6 January 1978 as amended by the Law of 20 June 2018 and by the Ordinance of 12 December 2018, relating to data processing, files and freedoms as well as within the meaning of Regulation (EU) 679/2016, General Data Protection Regulation, (hereinafter "GDPR").
• User: means any natural person browsing or purchasing on the Site. 
• Data processing: The operations carried out on the Data (collection, storage, deletion, etc.).
• Consent: The consent of individuals to Data Processing. It can be changed or withdrawn at any time.
• Data controller: The Foundation is the legal entity that determines the purposes and means of processing the data of Users of the Site.

3.    Intellectual property

The Foundation is the exclusive owner or beneficiary of all intellectual property rights on the Site, relating to all content (content / form) published: logo, graphic charter and map of the Site, texts, section titles, pages, scripts, icons, pictograms, photographs, blog, videos, data, and any other editorial content.
The User is prohibited from reproducing and/or using the trademarks, logos and domain names appearing on the Site.
No component of the Site (texts, articles, photos, drawings, images, videos, data, etc. ...) may be copied, reproduced, modified, republished, downloaded, distorted, transmitted or distributed in any way whatsoever, in any form and medium whatsoever, in part or in full, without the prior written permission of the Foundation with the exception of strict use for the needs of the press and subject to respect for intellectual property rights and any other property rights mentioned.
Any total or partial representation of the Site by any means whatsoever, without the express authorization of the Foundation is prohibited and would constitute an infringement that may engage the civil and criminal liability of its author.
The Foundation thus reserves the right to prosecute any act of infringement of its intellectual property rights.
Only copying for private use is authorized for personal, private, and non-commercial use.
Any reproduction of content is therefore, in principle, strictly prohibited without the express consent of its author.
However, partial reproduction (right of quotation) may be tolerated if it is clearly and visibly added to each of the pages reproducing content, the following statement: "This content is reproduced from "[specify the title and address of the source of the content reproduced [www.fondationshoah.org/], which may have been updated since [add date] of accessibility to the Site".

 

4.    User Code of Conduct

Access to the Site, hosted in "Software as a Service" (SaaS) mode, requires the User to have Internet access and a device allowing this connection. All costs incurred by the User to access the Site remain his responsibility. 
 

To access the Site, the User agrees to use only secure hardware and software, with the assistance of a security suite, and free of viruses, any defect, anomaly, bug, and any malfunction likely to cause interruption, malfunction or a decrease in security of the Site. 
As part of the use of the Site, the User agrees not to perform the following operations, nor allow anyone else to do so, directly, or indirectly:

4.1    Provide information that contains non-public or identifying personal information about another individual without the individual's express consent.

4.2    Restrict or inhibit the use of the Site by any other member, including but not limited to "hacking" and altering any portion of the Site.

4.3    Access or attempt to access parts of the Site for which the Foundation has not granted you permission, circumvent or attempt to circumvent any security feature on the Site, access the Site in any manner other than through the interface provided and authorized by the Foundation.

4.4    Modify any software intended for the Site in any manner or form, or use modified versions of the software, including (without limitation) for the purpose of obtaining unauthorized access to the Site.

4.5    Use the Site for unlawful purposes.

4.6    Affirm or imply that we endorse your statements, without our prior written consent.

4.7    Impersonate any person or entity, real or fictitious, including an employee or representative of the Foundation.

4.8    Transmit (a) content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene, pornographic, hateful, vulgar or offensive, or that infringes our intellectual property or other rights or those of any third party; (b) material, non-public information about companies without permission; (c) trade secrets of a third party or (d) advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communications (unless we have explicitly authorized it);

4.9     Use the Site to harm minors in any way.

4.10    Engage in spamming or phishing activities.

4.11    Transmit any software or other content that contains a virus, worm, Trojan horse, defect, software bomb or other element of a destructive nature.

4.12    Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site.

4.13    Remove any copyright, trademark, or other proprietary rights notices from the Site.

4.14    "Stalk" or harass others ;

4.15    Create a deep hypertext link to a page or content of the Site without written permission.

4.16    Use any robot, digital agent, replay messaging program, web extraction or analysis application, application search or any other manual or automatic device or process to extract, index, mine data, or in any way reproduce or circumvent the navigational structure or presentation of the Site or its content without our prior written consent. 
Notwithstanding the foregoing, the Foundation grants operators of public search engines permission to use robots to copy content from the Site, ONLY TO THE EXTENT NECESSARY TO CREATE PUBLICLY ACCESSIBLE SEARCH INDEXES OF SUCH CONTENT AND FOR THAT SOLE PURPOSE, but not caches or archives of such content. The Foundation reserves the right to revoke these exceptions either generally or in specific cases.

4.17    Collect or gather information about the Applications or members of the Site without their express consent.

4.18    Take any action that imposes or is likely to impose on our infrastructure (or that of our third-party providers) an unreasonable or disproportionately large load of data, information, or requests (at the discretion of the Foundation).

The actions indicated above constitute a serious breach of these Terms and Conditions of Use. 
The user is reminded that under Article 323-3 of the Penal Code, any reproduction or dissemination of personal data fraudulently obtained by a third-party Application or by a search engine for the purpose of enriching its own database, or processing the data on its own behalf, will be considered an offence punishable by 5 years' imprisonment and a fine of €150,000.
The implementation by the User of any technical process, such as robots or automatic requests, which contravenes the TCU, is also considered a fault. 
In the event of use of the Site that does not comply with these TCU or any other policy, rule or directive applying to the Site, the Foundation reserves the right to refuse, block or delete access to the Site.

5.    Data processing in the Site

The Site processes the personal data of its Users in full compliance with the regulations relating to the protection of personal data and cybersecurity. We invite you to read it by consulting our Privacy Policy at Privacy and cookies policy 

6.    Limitation of Liability

Generally, the Foundation's ability to provide services depends on the Internet or a telecommunications network, which may not be secure in its entirety. The Site is hosted by an external service provider, which has undertaken to secure access, consultation, and use of Data in accordance with the rules of use of the Internet, the Foundation cannot however guarantee uninterrupted access to the Site, nor the safeguarding or receipt of data from the Site. 
The Foundation reserves the right to interrupt, temporarily suspend or modify access to all or part of the Site without notice to ensure its maintenance.
Under no circumstances can the Foundation be held responsible for any interruption of service, for any reason, for any malfunction of the network or servers or for any other event beyond reasonable control, which would prevent or degrade access to the Site.
The User declares to accept the characteristics and limits of the Internet, and to acknowledge that:

• Its use of the application is at its own risk; the Site is accessible to him "as is" and according to its availability.
• No advice or information, whether oral or written, obtained by the User when using the Site are not likely to create guarantees not expressly provided for by these Terms.
• The User is solely responsible for the use he makes of the Information on the Site.
• The User is aware of the nature of the Internet, in particular its technical performance and response times for consulting, querying, or transferring Information.

To the fullest extent permitted by law, the User expressly acknowledges and agrees that the Foundation and its suppliers, advertisers, or sponsors, nor their respective directors, officers, employees, advisors, agents, or other representatives, cannot and shall not be liable to you or any third party for indirect damages arising in any way from the Site and/or the information contained therein.
Without limiting the foregoing, to the fullest extent permitted by law, you expressly acknowledge and agree that the Foundation assumes no liability of any kind for:

• Any fault of another User of the Site to comply with the code of conduct and more generally with the TCU.
• Any interruption or termination of transmissions to or from the Site due to a problem with the User's Internet connection.
• Bugs, viruses, worms, Trojan horses, defects, software bombs or any other element of a destructive nature that may be transmitted through the Site by a third party. It is therefore up to the User to take all appropriate measures to protect his own data and/or software from contamination by any viruses circulating on the Site. 
• Errors, inaccuracies or omissions in the information, or damage or loss, of any kind, arising from the use of any information provided on the Site.

The User acknowledges that the Foundation cannot guarantee uninterrupted or continuous access to the service and that under no circumstances can the Foundation be held liable, in particular in the event of:
Force majeure.

• Interruption of the User's Internet network. 
• Fault imputable to the User of the Site caused by a misuse of the services.
• Non-compliance with the TCU by the User.

The Foundation cannot be held liable for any damage caused by the Referring User of an Organization to another User or third party, when the damage is caused by the misuse of the services, the non-compliance with the Contract or the non-compliance with the TCU. 
 

7.    Governing Law

Both this Site and the Terms and Conditions of its Use are governed by French law, regardless of the User’s location. Any dispute, after the failure of any attempt to find a friendly solution, will be subject to the exclusive jurisdiction of the Courts of Paris which alone will be able to hear it, even in the event of multiple defendants or warranty claims.

8.    Miscellaneous

The Foundation may assign its rights and obligations under these TCU.
Consequently, you give Your consent in advance to the Foundation that its obligations under these TCU may be transferred or assigned to a third party. The contract will continue ipso jure and without formalities between You and the entity that could benefit from the transfer or assignment.
You are not authorized to transfer Your rights or obligations under the TCU. Any delegation in violation of these Terms is null and void.

Rights and obligations arising from these TCU may continue after the end of the use of the Site. These rights and obligations remain in force even after the termination or expiration of the TCU.