ASPECTOS LEGAIS

O website www.pt.aleteia.org/ é propriedade de Aleteia SAS, uma empresa francesa com sede na rue Gaston Tessier, 57 – 75019 Paris – França, registrada em Paris com RCS 791 180 813.

CIF: FR78791180813

Diretor da Publicação: Pierre-Marie Dumont

O website é hospedado por:

Automattic Inc 132 Hawthorne Street
San Francisco, CA 94107
Estados Unidos

 


 

Terms and Conditions

Aleteia is a simplified joint-stock company with a capital of €157829,00 whose head office is at 57, rue Gaston Tessier, 75019 PARIS (FRANCE). Aleteia is registered in the Paris Trade and Companies Register under the number 791 180 813 (hereafter “Aleteia“) and edits a web press service www.pt.aleteia.org, registered in the Joint Commission for Publications and Press Agencies under the number 0518 Z 93067 (hereafter “Website“) allowing access to various kinds of information and to several complementary services and products, detailed below.

These Terms and Conditions (hereafter “T&C“) are governed by French law and shall govern the use of the Website and of its free Services, including in terms of reception (hereafter “Services“). Browsing and subscribing to our newsletter are subject to the following Terms and Conditions.

In case of non-compliance with these T&C, Aleteia reserves the right to take any action to preserve its interests, including aspects relating to their enforcement. To that end, Aleteia may assign the User of civil and criminal liability.

Any conflicting stipulation not acceptable to Aleteia is unenforceable. Not prevailing in one of these Terms does not constitute a waiver of such right.

Article 1 – Definitions

Account: refers to the subscriber’s space, allowing him to access the Website when logging in.

Contents: refers to online information and publications, including its general structure, texts, figures, charts and tables, animated or still images, videos, sounds, hypertext links, trademarks and logos in the graphical charter and associated databases.

Contribution: any comment made by the User on the Contents.

Form: refers to online registration form allowing the User to subscribe and benefit from Aleteia Services.

Website: refers to all the Contents and Services offered by Aleteia Website accessible at the address http://www.pt.aleteia.org and its sub-sites, whether the heading (for example: news, spirituality, society, lifestyle) or the concerned title (for example: For Her, Cecilia).

User: refers to every User, whether registered on the Website or not.

Article 2 – Presentation of the Website

2.1. The Website allows the User to:

– consult the Contents of the Website

– access several Services, subscribe to the newsletter, share and comment the Contents.

2.2 The Services combine:

– a free Service offering the User the possibility to comment on the Contents and to interact with other Users, by logging in or not via his/her Account or his/her social network accounts.

– a free Service on free registration offering access to a Newsletter via his/her valid email address or his/her Account.

As publisher of the Website, Aleteia is free to market the advertizing spaces of the Website to advertizers of its choice. The User acknowledges that he/she has no right to these spaces and must renounce any demand or action in this respect.

Article 3 – Intellectual Property Rights of the Website

The User renounces any reproduction or use of the trademarks and logos on the Website, and to change, copy, translate, reproduce, sell, publish, exploit or distribute in any form, digital or otherwise, any part of information, text, picture, image, video, content or data on the Website, i.e. any Content that may be protected under article L112-1 of the Intellectual Property Code.

Violation of these Terms subjects the offender and any person liable to civil and criminal penalties under French law.

Aleteia and its partners are the exclusive holders of any Intellectual Property Right attached to the name of logo and trademarks of the Website, of its structure, layout and Content, for worldwide use.

Aleteia grants to the User a right to private, non-collective and non-exclusive use of its Content. This is restricted to the right to print one or several article and to save it on his/her computer (or any medium such as phone or tablet) exclusively for personal use. Any networking, redistribution or exploitation as part of his/her trade, business or profession is strictly forbidden except by prior consent of Aleteia. The same applies to RSS feeds and Newsletters. For those who wish to exploit or use any Content as part of their trade or profession, especially regarding RSS feeds, please contact the Sales Department at the address “sales@aleteia.org”.

Article 4 – The User’s contribution

4.1. Comments

4.1.1. Aleteia allows the Users to express themselves, especially via exchanges and comments, but only on topics related to the Contents of the Website, with full freedom as long as they stay lawful et courteous.

4.1.2. The User, when posting his comment(s), fully accepts that these can be reproduced by Aleteia. Nevertheless, Aleteia is not responsible for the content of the comments in general, including the User’s Contributions.

The messages posted on the Website express the User’s thinking, not Aleteia’s. Articles and comments are published under the full and entire responsibility of the User involved.

4.1.3. As part of his Contribution to the Website, through texts and comments, the User is kept to the respect of the legal and regulatory provisions in effect.

In particular, he guarantees that the storage and distribution of this Contribution via the Website is not (i) a violation of third-party Intellectual Property Rights (especially articles and publications not personally realized by the Internet User and for which he does not own a required regulatory or third-party approval), (ii) a breach of personal rights (defamation, insult, slander, etc.) and privacy, (iii) an offence to public policy or to good moral standards (including justification of crimes against humanity, incitement to racial hatred, violent or pornographic content, etc.).

Overall, the User complies with the terms of the Participation Charter of Aleteia. In case of non-compliance with the charter, the content will be refused or withdrawn and civil and criminal actions will be taken against the User.

Given the community nature of the Website, and out of respect for everyone’s sensibility, the User must show discernment and prudence when posting information.

4.2. Moderation

The User must watch the comments posted on the Contributions and report any comment contrary to the Terms, by clicking on the icon under the comments. In accordance with article 6 paragraph 7 of the French law number 2004-575 of 21 June 2004 on confidence in the digital economy, Aleteia implements a visible and reachable structure for the Users, associating a link “alert” to every Contribution of the Website, allowing reporting any abuse. After receiving the report, Aleteia will immediately delete the Contribution involved, and alert public authorities if need be.

The User renounces all incorporation in his/her contributions of any data that could interrupt or damage good working equipment and telecommunication management of Aleteia and its Users, or allow unjustified access to other websites. He also renounces any hypertext link or comment referring to other websites that violate the provisions mentioned above.

Article 5 – User’s liability

The User uses the Website and its Services at his/her risks and entire responsibility. Aleteia cannot guarantee that the Website and its Services won’t be interrupted. The obligation to provide information is limited to a duty of due care.

The Content, Contributions and any other data on the Website are not intended to give advice on faith or influence the User’s decisions. Aleteia declines any responsibility for the User’s belief in the information and data, and for any person who may be informed of the Content. Under no circumstances should the User take it as read that the Content or information on the Website are accurate or up to date, but will have to verify the information independently.

Article 6 – Aleteia’s liability

6.1. Aleteia’s liability for the Content

Neither Aleteia nor any of its partners should be held responsible for any damage, whether direct or indirect, that may result from errors, omissions or delays in reporting on the Website.

By the same token, all information that the User obtains via the Website and the Services offered by Aleteia (whether by email, text messages, etc.) provide no guarantee by Aleteia. All information and data published on the Website are carefully researched and are provided as information. Data provision cannot be regarded as a specific advice or a decision support tool.

The pictures and texts reproduced and illustrating the products presented are given by way of an indication. Consequently, the Website will not be held responsible for any error in a picture or in a text.

The Contents offered are in compliance with the French law in effect. Aleteia will not be held responsible in case of non-respect of the legislation of the country where contents are published.

Aleteia warns holders of parental authority over the diversity of content available on the Internet, which may be likely to harm minors. Parents are therofore encouraged to supervise their children when logging in.

6.2. Aleteia’s liability for the Contributions

Aleteia is not responsible for the Users’ Contributions on the Website.

On the other hand, in the event of an alert from a User regarding another User’s Contribution, Aleteia undertakes to suppress the Contribution from the Website, if it fails to comply with the applicable rules or with the Participation Charter of Aleteia, and to alert public authorities if need be.

Article 7 – Accessibility of the Website

The Website is, in principle, accessible twenty four seven except during programmed site maintenance periods or for reasons of force majeure. Aletia is subject to an obligation of means and shall not be held responsible for any direct or indirect damage of any nature caused by the non-availability of the Website.

Article 8 – Links

The Website contains information from other external societies and hypertext links to other sites that have not been formulated by Aleteia. The existence of a hyperlink of the Website towards another website does not constitute a validation of this site or its content. It is for the User to use the information with discernment and a critical mind. Aleteia shall not be held responsible for any information, opinion or recommendation formulated by a third-party on other websites.

Aleteia has no means of controlling outside sites and sources, and will not answer for or guarantee the availability of the same.

Aleteia does not accept any responsibility for their content or for the products, services or other items offered therein. Nevertheless, if the content of a link is illegal, Aleteia will delete it, after having been duly informed of such content.

Article 9 – Registration and access

9.1. Conditions of access to the Website

Access to the Website is freely available to anyone regardless of their age, and no formalities are required in order to simply consult the Website. Anyone can create an Account.

9.2. Conditions of access and registration to the Services

In order to use some of the Website’s Services, the User must set up an account using the online registration Form. Registration for an Account on Aleteia is intended for use by adults only. It is open to minors under adult supervision.

By registering, the User guarantees to provide correct and up to date information regarding his/her identity, contact details and valid email address. Aleteia reserves the right to refuse a registration, suspend or close the Account in case of doubts on this information. The User undertakes to provide immediate notice to Aleteia should he notice any unauthorized use of his Account by addressing contact@aleteia.org.

All Users can read articles and comments, and post their thoughts. He remains able to modify, at any given moment, the content of the personal data communicated on this occasion. Once a Form has been submitted, the User will receive an email to confirm their registration by clicking on a link. The User can access his/her Account by typing his/her pseudo or valid email address and confidential access code. Registration entitles you to use the Website. Aleteia reserves the right to terminate the User’s Account at any time, by email and reasonable notice. In case of non-compliance with these T&C, Aleteia can permanently or temporarily terminate the User’s Account without notice. Aleteia also reserves the right to delete any article or comment violating the T&C or the Participation Charter of Aleteia (accessible through http://pt.aleteia.org/participation-charter-for-aleteia/) or being subject to an alert issued by a third-party.

Arcticle 10 – Proof, storage and filing

The computerized files recorded in the information system belonging to the Website in reasonably secured conditions shall constitute evidence of the transmission of emails and registration Forms and the posting of Contents and comments. Archiving of registration Forms is made on a reliable and sustainable manner to comply with the French law in force, observing in particular Decree number 2011-219 of 25 February 2011 on data retention allowing identifying personal information of the User. In the event of a discrepancy between Aleteia’s computerized files and the hard copies or electronic documents in the User’s possession, the computerized files shall prevail.

 Article 11 – The User’s personal information

Personal information identified as mandatory within the Form is essential for benefiting functionalities of the Website and its Services. Such information is subject to a declaration to the CNIL, the French Data Protection Authority, under the number 1952270. They may be used by Aleteia, in accordance with the French law in force, for purposes of direct marketing to provide Users with products or services that are similar to those for which the User registered. In the event that legal provisions require his express consent for the communication of detailed information, the user may withhold consent during registration by clicking the corresponding button. The agreement may also be revoked at any time by sending an email to the following address: contact@aleteia.org. Such information is confidential. Consequently, in accordance with the Data Protection Act of 6 January 1978, the User has a right of access to and correction of information held. This right can be exercised by mail (contact@aleteia.org).

In addition, such information shall be kept under the Order n° 2011-219 of 25 February 2011 relating to the information conservation and communication allowing identifying anyone who has added a Contribution.

Some services require that the User accepts cookies. A cookie does not identify the user. It only records information about the navigation of the computer or mobile or tablet on the Website (pages viewed, etc.) which could be read at the time as of later visits.

Such information provision is necessary to use certain Services. Aleteia respects the privacy of its Users and conforms strictly to the French laws in force on the protection of privacy and individual freedoms. For more information, the User can consult the heading “cookies” of the Website.

Article 12 – Jurisdiction and Applicable law

Those T&C are subject to French law. In the event of litigation, the French courts will be only qualified.

Article 13 – Autonomy of the clauses of the T&C

If one of the provisions of these T&C shall be or become ineffective under applicable law, the clause shall be deemed as non-existent, the said nullity having no prejudice on the validity of the other applicable provisions.

Article 14 – Change in the T&C

Aleteia reserves the right to adapt or to modify at any time these T&C. If so, the new general terms and conditions will be made available to the User by online modification.