General Conditions of Use (CGU) & Legal Notices
The information collected on this form is recorded in a file computerized by Fresno Observer to communicate information related to the Fresno Observer brand and services. They are kept for 10 years and are intended for the marketing department and the sales department established within the European Union. This file is accessible only by the management, the collaborators of the marketing division and the commercial division within Fresno Observer.
In accordance with the law “Informatique et Libertés”, you can exercise your right of access to the data concerning you and have them rectified by contacting:
Owner: AZMEDIA Limited
Publishing manager: Alexy Morat
OFFICE C 23/F COS CTR
56 TSUN YIP ST KWN TONG KLN
The publication manager is a natural person and/or by email to contact: firstname.lastname@example.org
Consent and Processing of your personal data
By checking the mandatory consent box before submitting each form on the https://www. fresnobserver.com/ (“I authorize Fresno Observer to contact me in a personalized way about its services to develop my business. Your personal data will never be communicated to third parties.”) you explicitly authorize the storage and processing of your data for the purpose of letting you know about our services.
- A Fresno Observer advisor to contact you for any business relationship
- The Marketing department to provide you with personalized information about our services
- Our Behavioral Marketing solution (Mautic) to store information about your browsing path and your downloads of brochures on the site https://fresnobserver.com/ in order to segment our contact lists and to send you only communications that may be of interest to your business, in a personalized manner. This behavioral data is stored within the European Union.
- Withdrawal of Consent regarding your personal data
Right of access to your personal data
You have the right to access, modify and/or delete data concerning you at any time by contacting our IT department:
On site at our premises: with presentation of an identity document. The CNIL specifies: “It is possible to be accompanied by the person of your choice. The consultation should last long enough to take note conveniently and completely. It is possible to request a copy of the data”.
The person responsible for the file has a maximum response time of 2 months from the request, whether it was made by post or on site. The CNIL specifies: “If the request is incomplete (absence of identity document for example), the person responsible for the file is entitled to request additional information: the period is then suspended and runs again once these elements have been provided”.
The limits to the right of access are specified on the CNIL website and can be consulted by clicking here.
Editing your subscriptions
You can also freely modify your subscriptions to our communications by clicking on “Modify my preferences” at the bottom of each of our communications sent by e-mail.
To unsubscribe from all Fresno Observer communications, you must click on the unsubscribe link at the bottom of our emails. You can then choose:
– to modify your preferences for receiving our communications
– to unsubscribe from all marketing and commercial communications until you resubmit your consent on the website.
These General Conditions of Use govern the website accessible at the address https://www. fresnobserver.com/, hereinafter referred to as “the Fresno Observer Site”.
Fresno Observer offers free services intended for Internet users of the Fresno Observer Site, hereinafter referred to as “the Services”.
Internet users of the Fresno Observer Site are hereinafter referred to as “the User(s)”.
These General Conditions of Use may be subject to subsequent modifications and at any time by Fresno Observer, in order to adapt them to changes in the operation of the Fresno Observer Site or its Services.
These modifications are brought to the attention of Users by simply posting them online and are deemed to have been accepted without reservation by any User who accesses the Fresno Observer Site after they have been posted online.
Fresno Observer reserves the right to exercise recourse against the User in the event of violation of these General Conditions of Use by the latter.
Each point of these General Conditions of Use is valid separately and remains valid and applicable independently of the others.
Definitions: For a good understanding of these General Conditions of Use, users will refer to the following definitions:
“Site”: refers to the electronic services published by Fresno Observer, in their web, mobile and tablet versions, accessible by a wired or wireless network, from a browser or an application, regardless of the means used to access them. .
“Content”: refers to all audiovisual, textual, sound, graphic and photographic elements, software, applications, animations, games, etc. available on the Site.
“Videos”: refers to all the audiovisual elements offered on the Site.
ARTICLE 1 – ACCESS TO THE SITE
Fresno Observer grants the User a free, non-exclusive right of access and for individual consultation or within the strict framework of the family circle of the Site, and this within the framework of these General Conditions of Use. .
However, certain services offered on the Site may require the User to register, in particular to subscribe to the Newsletter (see Article 3 below).
Fresno Observer is not bound by any obligation of result with regard to the operation of the Site and the availability of the Content.
Fresno Observer makes no commitment to maintain permanent and uninterrupted access to the Fresno Observer Site or its Services.
Fresno Observer strives to keep the Fresno Observer Site and the Services it offers accessible. Nevertheless, Fresno Observer is under no obligation in this regard.
Thus, Fresno Observer may temporarily or permanently interrupt access to the Fresno Observer Site or its Services, in particular for maintenance reasons, technical reasons or updates, or for any other reason, without prior notice to Users and without that Fresno Observer cannot be held responsible for the possible consequences of these interruptions.
Furthermore, Fresno Observer cannot also be held liable if Users are unable to access all or part of the Fresno Observer Site, due to any technical defect or any problem, in particular related to network congestion, a failure of the Internet service providers, failure and/or congestion of telephone links, etc. .
ARTICLE 2 – USE OF THE SITE
The Site and the Content are protected by intellectual property rights, in particular by copyright and trademark law.
The right of access granted to the User does not include any authorization to reproduce or represent the Site or the Content. Therefore, without the prior written authorization of the Fresno Observer, any reproduction or representation of all or part of the Site or the Content, apart from the legal exceptions provided for by the Intellectual Property Code, will constitute an act of infringement and may be the subject to appeal before the competent courts.
The User is therefore prohibited, under pain of civil and/or criminal penalties, from representing or having represented, reproducing or having reproduced, adapting, modifying, transferring, marketing, distributing or imitating any or part of the Site or Content.
The User accepts the exclusive editorial control of Fresno Observer over the Site and the Content. It expressly acknowledges that Fresno Observer may at any time modify or delete all or part of the Site or the Content, without prior notice and at its discretion.
The Site may contain links redirecting to other sites or services published by third parties in relation to the Content. Fresno Observer strives to only offer the User links to sites or services free of anomalies, errors or bugs, but cannot guarantee that their use does not present any risk for the User.
Consequently, the use of sites or services published by third parties is excluded from the scope of these General Conditions of Use and is carried out within the framework of the conditions of use specific to these sites.
The Site may contain Content that is not appropriate for minors. Persons with parental authority are aware of this and ensure that the minors under their care use the Site.
In this context, when a program is likely to offend the sensibilities of young audiences, Fresno Observer may warn the User of the sensitive nature of said program and/or provide that it will only be available on demand between 11 p.m. and 5 o’clock.
ARTICLE 3 – REGISTRATION ON THE SITE
Access to certain Services of the Fresno Observer Site, in particular the “Newsletter” and “Connection” sections (without the list being either exhaustive or definitive), may be conditional on the identification of the User, following validation of a registration form.
On the occasion of his registration, any User will be required to communicate personal information (surname, first name, e-mail address, telephone number, postal address, etc.) which will be processed, in accordance with the provisions of the Data Protection Act of January 6, 1978.
This personal information will then make it possible to identify the User and facilitate his access to the Services.
In the event that the User is a minor natural person, the User cannot register for the Services concerned without having previously obtained the authorization of his parents or of the holder(s) of parental authority. .
Consequently, the use of the Services by a minor User comes under the responsibility of the holder(s) of parental authority who guarantee(s) compliance with all the provisions of these Terms of Service.
When registering, any User agrees to provide only accurate, up-to-date and complete information.
When registering, each User may be required to choose an identifier (username, pseudonym.).
In this regard, the User undertakes not to use an identifier that could infringe the rights of third parties (in particular in the e-mail address communicated or in the identifier: use of the patronymic name, pseudonym, trademark others, or works protected by copyright and/or neighboring rights) or contrary to public order.
Fresno Observer therefore reserves the right to refuse and/or request the correction of the email address or identifier that the User has communicated. In the event of refusal to modify one of these elements, the User will not be able to complete his registration procedure.
Fresno Observer confirms the registration of each User by an email sent to the email address provided.
Fresno Observer cannot be held responsible if the data relating to a User’s registration does not reach it for any technical reason (for example, a problem with the Internet connection to the User, a temporary failure of its servers, etc.) or reached it unreadable or impossible to process (for example if the User has computer equipment or an inadequate software environment for its registration).
ARTICLE 4 – CONFIDENTIALITY OF COMMUNICATED INFORMATION
The information communicated to Fresno Observer by the User as part of his registration is strictly confidential.
Users acknowledge having full responsibility for the conservation and confidentiality of their identifier.
Any connection will be deemed to have been made by the identified User.
It is also specified that any User is entirely and exclusively responsible for the use of the Services intervening under his identifier.
In the event of fraudulent use of their identifier, any User undertakes to immediately inform Fresno Observer.
ARTICLE 5 — RULES AND USES OF CONDUCT AT THE RESPONSIBILITY OF USERS
Any content disseminated by a User via the Fresno Observer Site and its Services (such as information, data, images, video texts, photographs, messages, software, sounds, or any other material whether brought to the attention of the public or transmitted privately) is under the sole responsibility of this User.
In this case, the User agrees that the content thus distributed complies with the laws and regulations in force, in particular the rights of property and persons and all intellectual property rights.
The information provided to the Fresno Observer by a User when registering is communicated under his sole responsibility.
Fresno Observer cannot under any circumstances be held responsible for any content and/or information, in particular their illegal nature under the regulations in force, any errors and/or omissions, any loss or damage resulting from their use.
In particular, the User is solely responsible for any direct or indirect material or bodily harm caused by his use of the Fresno Observer Site or the Services.
- Users are not authorized to promote any good, product or service of any kind.
- Users must not in any way reproduce, copy, sell, resell or exploit for commercial purposes or for any other purpose whatsoever all or part of the Services, or any right of access to the Services.
- Except with the prior, express and written authorization of Fresno Observer, Users may not take the following steps in the context of their consultation of the Fresno Observer Site or their participation in its Services, it being specified that the list below cannot be considered as exhaustive
– Create a hypertext link to the Fresno Observer Site,
– Write a summary of the content of the Fresno Observer site or carry out a press panorama, and/or proceed to the dissemination via a means of communication, such as for example an Intranet,
– Create archive files from the content,
– Reproduce, represent, use, reference (in particular in search engine meta words), all or part of the content, brands, logos, distinctive signs and/or the Services and/or the Fresno Observer Site,
– Imitate the content of the Fresno Observer Site for purposes other than private.
In the event of non-compliance with these rules and practices, Fresno Observer reserves the right to exclude the offending User and to implement any legal proceedings to obtain compensation for the damages suffered.
ARTICLE 6 – CONDITIONS OF USE OF PARTNER SERVICES
The Fresno Observer Site contains advertising elements (banners, icons, etc.) by which, and following a click, Users are redirected to Internet sites.
These websites, their content and their services are offered independently by the third-party partners, advertisers or publishers of these services and this, under their sole responsibility.
Fresno Observer makes no warranties with respect to these third-party websites, including their accessibility. Fresno Observer also declines all responsibility in the event that these third-party websites contravene the legal and regulatory provisions in force.
These General Terms and Conditions of Use do not apply to these third-party websites, their content and their services.
Any User accessing third-party websites via the Fresno Observer Site is therefore invited to read the specific conditions of use and/or sale of said sites, these conditions then being the only ones applicable.
Fresno Observer cannot be held responsible for any damages or losses, proven or alleged, resulting from or in connection with the use of these third-party websites.
Under no circumstances, Fresno Observer, acting only as an intermediary without any liability, will have to deal with claims, complaints, lawsuits, disputes relating to the consultation of third-party websites.
ARTICLE 7 – INTELLECTUAL PROPERTY RIGHTS
All elements of the Fresno Observer Site, including structure, editorial content, writings, illustrations, photographs or images, sounds and videos, etc. are protected under intellectual property for France and/or the whole world.
In addition, it is reminded in particular that Fresno Observer is a registered trademark. Accordingly, the Fresno Observer logo and/or name or terms including the word Fresno Observer may not be used or distributed in any manner whatsoever without the prior, express, written permission of Fresno Observer.
In accordance with the provisions of the Intellectual Property Code, only use for private use is authorized to the exclusion of any other use, subject to different or even more restrictive provisions of the Intellectual Property Code.
Unless prior, express and written authorization from Fresno Observer and/or other rights holders, any other use or total or partial reproduction of these elements constitutes counterfeiting and is sanctioned under intellectual property.
Likewise, it is reminded that no hypertext link may refer to the Fresno Observer Site without the prior, express and written authorization of Fresno Observer. In the absence of authorization, such a link may be considered as constituting the offense of counterfeiting.
Consequently, the User agrees to generally respect the intellectual property rights on the various content offered on the Fresno Observer Site.
Regarding any content that the User transmits by any means to the Fresno Observer Site and regardless of the Service used to do so, the User grants to Fresno Observer a non-exclusive and free license allowing Fresno Observer to reproduce, represent, adapt and translate all or part of this content exclusively for the purpose of promoting the activities of Fresno Observer and/or the Fresno Observer Site.
This license is granted for the whole world, for all uses on all media and by all methods of dissemination known or unknown to date, and for the entire duration of legal protection of intellectual property (including renewals and extensions).
The User guarantees that he has previously obtained the necessary rights for these uses.
If a User has good reason to believe that his work has been copied or is being used in a way likely to infringe his rights as recognized by the French legislation in force, he is invited to contact Fresno Observer on this count.
ARTICLE 8 – LIMITATION OF WARRANTY AND LIABILITY
The Site and the Content are made available as is and subject to their availability.
Being in fact subject to an obligation of means, Fresno Observer cannot be held liable for any non-physical damage, whatever its nature, resulting from the unavailability of the Site and/or the Content.
Furthermore, by using the Site or the Content, the User guarantees that they have the capacities, equipment and software suitable for risk-free use of the Site and the Content and more generally of the Internet.
The User knows and assumes in full knowledge of the characteristics of the Internet and its use, in particular the limitations related to technical performance, response times and risks related to the security of communications.
Consequently, Fresno Observer does not guarantee that the Site and the Content will be free from anomalies, errors or bugs, or that the latter will operate without failure or interruption. In this regard, Fresno Observer may freely determine any period of unavailability of the Site and the Content, for technical reasons, to improve the services offered or to optimize their use.
Unless otherwise provided by public order, Fresno Observer cannot be held liable for malfunctions of the Site, the Content, the Internet network or the interruption of service, whatever the nature and duration.
Similarly, Fresno Observer cannot be held liable for damage resulting from the use of the Site, the Content and the Internet network, such as loss of data, computer intrusion, viruses or other involuntary or another case of force majeure as defined by the case law of the Court of Cassation.
In general, Fresno Observer cannot be held responsible for any non-corporeal damage (including direct, personal and certain damage) suffered by the User and/or by third parties and for which it will have been demonstrated that the actions of Fresno Observer are not the cause of this harm.
Consequently and taking into account Fresno Observer’s obligations of means, Fresno Observer will not take responsibility for the compensation of immaterial, material and non-corporeal damages, nor the compensation of damages suffered by third parties, whoever they are and for which it will have been demonstrated that the actions of Fresno Observer are not the cause of this damage.
Similarly, Fresno Observer cannot assume the connection costs, and in general, all the communication costs induced by the access and use of the Sites and the Content.
Fresno Observer is not responsible for any malfunctions or unavailability of the service, whatever the cause:
– Loss of occasional data;
– Consequences resulting from any virus;
– A case of force majeure as defined by the case law of the Court of Cassation.
ARTICLE 9 – APPLICABLE LAW – JURISDICTION
These General Conditions of Use are subject to French law.
The French version of the General Conditions of Use prevails.
If any of the clauses of these General Terms and Conditions of Use prove to be void under a rule of law in force or a court decision that has become final, it will then be deemed unwritten, without however resulting in the nullity of the General Conditions of Use in their entirety, nor alter the validity of the other provisions.
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