General terms and conditions

GENERAL TERMS OF USE OF GENEVEMONDE.CH

May 2022. Any use of the platform geneveMonde.ch and the associated pages is subject to the prior acceptance of these general terms by the user. By choosing to use geneveMonde.ch, the user declares that they have read and expressly and unconditionally accepted the terms and conditions contained in these general terms.

Fondation pour la sauvegarde et la valorisation du patrimoine audiovisuel de la Radio Télévision Suisse (FONSART) reserves the right to change these general terms at any time without notice. It is therefore recommended to regularly consult the most recent version of the general terms, which are always available at geneveMonde.ch.

1. Object

The object of these general terms is to define the terms and conditions governing the use of the platform geneveMonde.ch. For the purpose of these general terms, the term “user” means any person, group, association, institution, etc. accessing and visiting the platform geneveMonde.ch. The term geneveMonde.ch hereinafter refers to the platform “www.geneveMonde.ch”. These general terms may be supplemented by special conditions that are specific to the various services and sections offered on the platform geneveMonde.ch, particularly in relation to the limitation of the size of documents stored on the platform. Therefore, these general terms apply to the extent that they are not excluded by such special conditions.

2. Use of the platform geneveMonde.ch and liability

The platform geneveMonde.ch may only be used for non-commercial purposes. Any other use is excluded unless FONSART has provided its prior written consent.

Use of the platform is at the sole and full liability of the user.

Therefore, FONSART cannot be held liable under any circumstances for any direct or indirect damage of any kind, particularly any loss of profits, customers, data, tangible or intangible property that may result from the use or impossibility of use of the platform geneveMonde.ch.

Particularly, FONSART is not liable under any circumstances for the functioning of software and the transfer of any data or information on the internet, or in the event of the hacking of all or part of the platform and the losses that such hacking may cause the user or third parties.

In principle, the platform is accessible 24 hours a day. However, FONSART cannot be held liable in the event of technical impossibility of connection for whatever reason (force majeure, maintenance, editorial update, network interruption or breakdown, electricity cut, failure, incorrect settings or misuse of the user’s computer, receiving equipment or telephone lines, or any other cause whether or not this is within FONSART’s control).

Any material downloaded and / or obtained in any way at all while using the FONSART platform is at the risk of the user; FONSART cannot under any circumstances be held liable for any damage or loss of data suffered by the user in this way.

FONSART does not guarantee that the server and the platform geneveMonde.ch are free from viruses. Therefore, FONSART cannot be held liable in the event that the user’s computer is contaminated by a virus. The user is responsible for taking all necessary measures to protect their own data, software, computer and other computer equipment from contamination by any viruses circulating on the internet. Furthermore, FONSART does not guarantee in any way the rate and time taken for transferring data from the server hosting the platform geneveMonde.ch to the internet and the user’s computer.

FONSART reserves the right, at any time and without notice, to amend or interrupt all or part of the platform geneveMonde.ch and /or the services offered by the latter temporarily or permanently without this giving rise to any recourse or claims of any kind against FONSART. The user is liable to FONSART for all damage of any kind that they cause while using the platform geneveMonde.ch.

3. Posting content

3.1 Acceptance of the general terms

All users who intend to post content (photographs, videos, audio, text) on geneveMonde.ch must first read and accept these general terms, particularly their obligations in accordance with figure 3.3 below. Comments, testimonials, newsletters and forums are deemed to be text content.

By posting content on geneveMonde.ch, the user electronically indicates their unconditional acceptance of the general terms.

3.2 Confidentiality of log-in information

Log-in information, i.e. the user name and password allowing the user to access the services on the platform geneveMonde.ch, is personal, confidential and non-transferable.

Therefore, the user agrees to neither transfer nor communicate to a third party their log-in information and remains solely responsible for the use of the latter.

FONSART cannot be held liable in the event of any use by a third party (particularly remarks made by the latter on a group, newsletter, comments, forum or other similar sections) who is in possession of the user’s log-in information. The user agrees to inform FONSART immediately of any unauthorised use of their log-in information.

3.3 Obligations of the user

By sharing content in the form of photographs, video, audio or text on geneveMonde.ch, the user agrees to comply with all applicable legal provisions and not to infringe the rights of third parties.

The user particularly agrees not to share any remark or content that is:

• abusive, defamatory, slanderous or otherwise detrimental to the honour or reputation of third parties;

• racist, xenophobic, revisionist or negationist;

• obscene, pornographic, paedophilic, homophobic, offensive or otherwise contrary to good morals;

• injurious in any way to the rights of others, particularly the right to privacy, the right to an image, the right to a name, the right to human dignity and the protection of children and adolescents;

• injurious to the intellectual property rights of others, particularly trademark rights, copyright (images, audio, text, photographs, software, etc.) as well as the rights of performers, phonogram or videogram producers and broadcasting organisations;

• inciting discrimination, hatred, violence or committing a crime or an offence or using illegal substances;

• promotional, propaganda or proselytism; or

• contrary to the laws and regulations in force in any way.

Furthermore, the user agrees not to share any message containing viruses or any other program that may cause damage to FONSART or third parties.

Finally, the user agrees not to cause an overload on the server hosting the FONSART platform, particularly by using such platform to send unsolicited advertising.

3.4 Liability of the user

The user is solely and exclusively liable under civil, administrative and criminal law for the remarks and / or content (photographs, film, video, audio, text) that they share on the platform geneveMonde.ch.

Therefore, the user indemnifies FONSART against any recourse, dispute, claim for damages and interest or any other action or claim that may arise for third parties as a result of the user sharing remarks and / or content on the FONSART platform. In the event that FONSART’s liability is invoked as a result of the user’s breach of their obligations in accordance with these general terms of use, FONSART may implead the user.

FONSART reserves the right, upon the request of a judicial authority or a third party, to share all information in its possession allowing or facilitating the user to be identified, such as the IP address and time of connection, particularly if the user fails to comply with the obligations specified at figure 3.4 of these general terms.

3.5 Moderation and right of FONSART

The management of the accounts and the content (photographs, video, audio, text) and the other functions (galleries, sub-galleries, forums, comments) offered on the platform geneveMonde.ch is moderated. FONSART therefore reserves the right, at its sole and absolute discretion, to publish or not to publish any content shared by the user, to modify it, to keep it online or to delete it at any time without having to inform the user of this in advance or afterwards and without this giving rise to any claims of any nature at all with regard to FONSART. FONSART reserves the right to limit or revoke access to its services by any user who fails to comply with the provisions of these general terms, particularly in the event of the breach of the obligations specified at figure 3.4 of these general conditions.

3.6 Assignment of rights

3.6.1. General third-party rights

Before posting content on the platform geneveMonde.ch, it is imperative that the user must ensure that such content fully complies with the legislation in force, particularly copyright, neighbouring rights (particularly the rights of performers and record and video producers) and personality rights (particularly the right to an image).

3.6.2. Copyright of material published on geneveMonde.ch

If a user of the platform geneveMonde.ch posts content (photographs, video, audio, text) of which they are not the author, they must first obtain all necessary authorisations from the rights holders.

Copyright protects the author of a photograph, film, video, text, musical composition, etc. regardless of the artistic value of the creation. This right is valid for 70 years after the death of the author.

Compliance with copyright implies that the user of the platform will refrain from using a third party’s creation without having obtained their oral or written authorisation.

3.6.3. Copyright

The use of copyright with regard to a platform user’s content of which they are the sole author indicates that the user retains ownership of their material and that such material cannot be used without their consent.

3.6.4. Music

Any use of music for the purpose of sound illustration is subject to the prior consent of the right holders. SUISA’s consent is particularly necessary unless original music is used. Users should direct any queries regarding the use of music in audiovisual creations to SUISA.

If music from a commercially available CD is used on the platform geneveMonde.ch, it is also necessary to obtain the consent of the producer of the CD (record company) and the publisher of the music (copyright manager).

3.6.5. Right to an image of persons who have been photographed or filmed

Persons who are pictured or whose voices can be heard on photographs, films and videos are protected by the right to an image. The user of photographic, film and video content must obtain the prior authorisation of the persons who are pictured if the latter are still alive in order to place this content on the platform geneveMonde.ch.

3.6.6. Liability of the user

The user of an account on the platform geneveMonde.ch is liable for respecting the rights of third parties and complying with the legislation in force. In the event of litigation, the user therefore indemnifies FONSART against all disputes or claims made by third parties as a result of publishing such content online on the platform geneveMonde.ch or of the use of such by FONSART in accordance with the rights ceded to the latter.

3.6.7. Assignment of rights for promoting notreHistoire.ch

The user accepts that their material may be used free of charge by geneveMonde.ch for the purpose of promoting the platform in any format (hard copy, digital, video or other) and regardless of the licence. geneveMonde.ch undertakes to inform its members when using their content in this promotional context and to cite them as the author or right holder.

4. Intellectual property

The platform geneveMonde.ch and its content are protected by intellectual property rights. Any reproduction of the platform is subject to the prior consent of FONSART. Any use of the material published on the platform must be authorised in advance by the authors or the right holders.

5. Hypertext links and transclusion

5.1 Hypertext links

With the exception of cases where the third-party website (“linking site”) contains prohibited information and /or content within the meaning of figure 3.4 of these general terms, it is in principle authorised to create a link from a website linking to the platform geneveMonde.ch provided that such link opens a new browser window.

In any event, the hypertext link must not be used in any way for the purpose of allowing the mass sending of messages such a pre-written message sent to an email address linked to the platform geneveMonde.ch.

5.2 Transclusion

Any transclusion is strictly prohibited without FONSART’s prior written consent.

Transclusion means any link allowing part of a website to be accessed by making it appear within a frame of the linking site (“framing”) or by giving direct access to a (or several) work(s), particularly reading a text, viewing an image or a video or listening to audio or music.

5.3 Hypertext links from the FONSART platform

The FONSART platform may contain hypertext links to other websites. The user visits these sites under their sole and exclusive responsibility.

Therefore, FONSART cannot be held liable for having offered such hypertext links. Furthermore, FONSART is not liable in any way for the content or the existence of the respective websites, nor for any direct or indirect damage suffered by the user as a result of visiting and / or using a third-party site accessible from the platform geneveMonde.ch.

6. Liability

Despite the great care taken in the creation and updating of the platform, FONSART cannot guarantee the accuracy of the information it contains.

Therefore, subject to the liability arising from the mandatory legal provisions of Swiss law, FONSART cannot be held liable for any errors, inaccuracies or omissions or for any direct or indirect damage of any kind arising from visiting and / or using the platform geneveMonde.ch.

FONSART cannot be held liable if the remarks or images contained on its website may offend certain particularly sensitive persons. The comments, texts, testimonials, newsletters and messages published on the forum on the platform geneve.Monde.ch, including those prepared by geneveMonde.ch collaborators, represent the personal opinion of the author and nobody else, They therefore do not represent FONSART’s official opinion in any way.

7. Personal data

7.1 Collection and processing of personal data

FONSART may collect personal data about the user. This is particularly the case when the user communicates personal information to FONSART (surname, forename, address, email address, date of birth, living space, etc.) for the purpose of being authorised to use the services offered by the platform geneveMonde.ch.

The personal data received by FONSART are processed in accordance with the provisions contained in the Federal Data Protection Act of 19 June 1992.

7.2 Confidentiality and communicating personal data

The personal data communicated by the user are kept confidential. They will only be transferred to third parties with the express authorisation of the user or where their disclosure is necessary for identifying, questioning or bringing a legal action against any person infringing the rights of FONSART or others, particularly if the user is using the platform geneveMonde.ch for disseminating prohibited remarks or content within the meaning of figure 3.4 of these general terms.

FONSART will use appropriate organisational and technical measures to ensure that the user’s personal data are protected against any unauthorised processing. FONSART takes particular care in protecting these data against the risk of accidental or unauthorised destruction, accidental loss, technical errors, falsification, theft or unlawful use, modification, copying, access or other unauthorised processing.

FONSART also endeavours to take all necessary measures to ensure the confidentiality of data communicated over the internet. However, the user acknowledges that it is not possible to guarantee absolute security when transferring data over the internet. Personal data are therefore communicated to FONSART at the user’s sole and exclusive liability. FONSART therefore cannot be held liable for any incidents that may occur during the transfer of data by the user, particularly in the event of the loss of data or the communication being hacked by a third party.

7.3 Use of data by FONSART

FONSART has the right to process personal data for managing its relationships with users of the platform geneveMonde.ch and for the purposes of monitoring and ensuring the lawfulness of participation on the platform. This right also involves combating any misuse and irregularity.

Any use by FONSART or its partners of personal data for the purposes of marketing, public relations or commercial prospecting is subject to the user’s express authorisation.

The provisions of the Federal Data Protection Act regarding the right to process personal data on a professional basis with regard to publication in the edited section of a periodically published medium shall apply.

The general terms of use of geneveMonde.ch are in line with the Council of Europe’s Data Protection Declaration and the General Data Protection Regulation of the European Union (EU GDPR). Please see our [Data Privacy Statement] in this regard. (notrehistoire.ch/pages/charte-...)

FONSART reserves the right to collect, process and analyse personal data for the purposes of research and statistics (number and frequency of visitors to the platform, typology of users, pages visited, etc.) and to publish or transfer such data to third parties in a way that does not allow the data subject to be identified.

7.4 Communication of personal data by the user to third parties

For services offered by a third party via a link on the FONSART platform, this third party is solely liable for the collection and processing personal data communicated to it by the user. FONSART does not collect or keep data provided by the user for this purpose. If the user voluntarily disseminates personal data in texts, comments, forums and other similar sections offered by the FONSART platform, they must be aware that such data may be collected by third parties. The ultimate use of these data by the latter is therefore not in any way subject to the control of FONSART, which therefore cannot be held liable for any such use and the consequences thereof.

7.5 Right of access

The user has the right to consult the personal data concerning them and to have them rectified or deleted if they are inaccurate, incomplete or irrelevant.

Any user wishing to make use of this right should send a request by post which must be dated, signed and accompanied by a copy of both sides of their identity card to the following address:

FONSART / Case postale 234 / 20 Quai Ernest Ansermet / 1211 Geneva 8

7.6 Cookies

The user is informed that cookies may be stored on their computer’s hard disk in order to record information relating to their visits to the FONSART platform.

Cookies allow the user to be recognised and their use of the platform geneveMonde.ch to be customised by remembering certain settings. Cookies are particularly used to obtain information relating to the pages visited and the dates and times of the visit.

FONSART has no control over the use of cookies produced by third parties or those resulting from the use of parts of a site hosted by a third party.

The user may prevent the recording and storage of cookies on their computer at any time by disabling the relevant option in their browser. However, certain features of the FONSART platform may necessarily require the use of cookies (customisation, alert, etc.), without which use of the site may be impaired or even rendered impossible.

8. Applicable law and jurisdiction

These general terms are subject to Swiss law. In the event of litigation, the courts of Geneva (Switzerland) have exclusive jurisdiction.