PRIVACY POLICY

The purpose of this Privacy Policy is to inform you about how AFP, as data controller of the personal data of the users of this Platform, collects, processes and shares your personal data.

1. The data we collect

We may collect the data listed below in connection with your use of the Platform. These data are not all considered to be "personal data" under applicable law. However, we want to provide you with the most comprehensive information on all the data we process when you use this Platform.

Note that we never solicit the communication of sensitive data (or “special categories of data” as defined by law) and we ask that you do not transmit such data to us.

1.1 Information you provide us

When you register on the Platform as a client or for a test, you must provide us with the following data: last name, first name, e-mail address, acceptance of the Terms of Use and License and acceptance or refusal to be kept informed by e-mail on new products and offers from AFP and its subsidiaries.

When you use the Platform, you may provide us with the following additional data:

• Data provided when you want to get in touch with us through contact forms: last name, first name, civility, e-mail address, telephone number (fixed or mobile), your company’s name / activity / city of establishment / website, subject and content of the message.
• Data provided when you want to report an incident via the downloadable form on the Platform: name, e-mail address, phone number, login, connection server number, type of browser you are using, type of computer, date / time / other information relating to the incident.
• If your client account allows you to create multiple individual accounts for users within your organization, the following data about authorized users will be provided by you in your capacity as account administrator: last name, first name, email address, rights of access to the Content, quotas / downloading rights.
• If applicable, your answers to questionnaires, opinions or surveys that we may send to you for the purpose of improving our services or your browsing experience.

1.2 Information we collect when you use the Platform

During each of your visits to our Platform, we may collect the following data:

• Data about the devices, networks and platforms you use: identifier of the device you are using (IP address, Apple ID, Android ID, etc.), connection data (date, time, duration), type and version of the browser software (Internet Explorer, Safari, Mozilla Firefox, Google Chrome, etc.), type of operating system (Microsoft Windows, Apple OS, Linux, Unix, etc.).
• Data about your preferences and other actions on the Platform: interface language, reference of the user's start page, display of the pages, date of acceptance of the Terms of Use and License and IP address of the device from which the Terms of Use and License were accepted.
• Data relating to your browsing: route on the Platorm’s pages, Content that you consult, Content that you consult in preview mode, searches and results of searches, identifiers of the Content viewed, information on the Platform responsiveness and generally your actions on the Site.
• Data relating to your downloads and purchases, and history of your consumption on the previous platforms from which contents have been repatriated to the Platform.

To collect some of the data listed above, we may use cookies. For more information on the use of cookies, see section 4 below.

2. Purposes of data processing

The data we collect is used for the purposes and based on the legal grounds described below.

Purposes of use	Legal basis
Execute contracts between you and us or between us and our business partners and provide you with the requested information and services	This processing is necessary to fulfil our respective contractual obligations
Provide you with information about our services and answer all your questions	This processing is necessary to fulfil our respective contractual obligations and / or carried out with your consent
Manage your user account or your employer’s user account, including by providing you or sending you reminders about your username / password, sending you some notifications about the services, maintenance operations, modifications to our Terms of Use and License and to this Privacy Policy	This processing is necessary to fulfil our respective contractual obligations and / or carried out with your consent
Verify the execution of the contract concluded between you and us, ensure a follow-up of your consumptions of Content with regard to the subscribed conditions, verify the execution of our Terms of Use and License and, where applicable, verify your compliance of applicable law	This processing is necessary to fulfil our respective contractual obligations and / or carried out with your consent and / or necessary for the establishment, exercise or defence of legal claims
Provide you with the ability to customize your preferences on the Site	This processing is carried out for the purpose of your legitimate interest and / or with your consent
Handle and correct any incidents or errors	This processing is necessary to fulfil our respective contractual obligations and/or carried out for the purpose of our legitimate interest (ensuring the performance and security of the Platform)
For internal audits on data analysis and audience statistics	This processing is carried out for the purpose of our legitimate interest (better understanding the interests of users and improving our services and support)
To send you, in accordance with applicable law, and with your agreement when it so requires, the AFP Newsletter and some marketing, advertising and promotional messages about the products, services or events of AFP and subsidiaries that may interest you	This processing is carried out with your consent and / or for the purpose of our legitimate interest (to transmit you information and relevant contents)

3. Data retention period

Your data are kept for a duration not exceeding that necessary for the purposes for which they are processed. The tables below mention the retention periods of your data.

Data relating to all users

Data categories	Retention period
Connection and navigation data	15 months
Cookies	13 months
Data relating to your transmission of a content that may be published	10 years after the reception of the content (beyond this period, these data are archived)
Basic information request	3 years after the closure of the file
Complaint, claim (including editorial), request for a right of access	10 years after the closure of the file (beyond this period, these data are archived)

Data relating to clients

Data categories	Retention period
Data relating to the enforcement of the contract: management of the client account, orders, downloads, billing, payments	10 years after the end of the contract
Contact details: name, surname, civility, email, phone number, activity, company	5 years after the end of the contract

Data relating to prospects

Data categories	Retention period
Contact details: surname, first name, email, civility, telephone number, activity, company	3 years after data collection or last contact from you

4. Use of cookies

We use cookies to improve the quality of our services and your experience as a user.

4.1 What is a cookie?

A cookie is a small text file stored by a website on the user's terminal. The majority of websites use cookies to improve their functioning and optimize the browsing experience of their users.

4.2 Cookies used on the Platform

We use the cookies defined below on this Platform.

• Absolutely necessary cookies (AFP internal cookies) are technical cookies allowing navigation on the Platform and access to its functionalities and Content.
• Functional cookies (AFP internal cookies) make it possible to recognize you when you return to the Platform, to memorize the passwords and other information relating to your preferences, and thus to improve your browsing quality: adapt the configuration of the Platform to your preferences.
• Audience measurement cookies (Google Analytics third-party cookies): these cookies are used to enable us to recognize and count the number of visitors on the Platform and to collect information on how it is used. (navigation route, most visited pages, etc.).
• To find out more about Google's privacy policy: Google Privacy Policy

4.3 Refusing and Deleting Cookies

• Configuration of your browser settings

If you wish to refuse cookies or delete cookies stored on your device, you can do so via the preferences of your internet browser. These navigation options relating to cookies are normally found in the "Options", "Tools" or "Preferences" menus of the browser that you use to access this Platform. However, according to the different existing browsers, different means can be used to disable cookies. To know more you can consult additional information from the referenced links below:

Microsoft Internet Explorer

Google Chrome

Safari

Mozilla Firefox

Opera

Please note that if you refuse to accept cookies from your internet browser on your device, some features and parts of the Platform may not work properly.

• Online deactivation of Google Analytics cookies

You may prevent your data from being used by Google Analytics by downloading and installing the add-on accessible on the following link: Disable Google Analytics

5. Data transfers to third parties

5.1 Cases in which transfers can be made

We keep your data within AFP, except in limited cases defined below.

• Third parties with whom we collaborate may have access to your personal data, in particular:
• Our partners who distribute their content on our Platform, including national and international news and photo agencies;
• The subcontractors we use in relation to some technical, commercial, marketing, legal and e-mail services.
• These transfers are always made in the context of the purposes described in Part 2 above, and only data strictly necessary for the achievement of these purposes are concerned.
• We may transfer your data if it appears necessary to (i) enforce any contract, terms of use and this Privacy Policy, (ii) respond to any claim against AFP, an AFP subsidiary or one of our business partners, (iii) comply with any judicial request, including in the context of inquiries and investigations (iv) in case of emergency involving danger to public health or the physical integrity of a person, (v) to guarantee the rights, property and safety of AFP, yourself and third parties.
• We may transfer your data to AFP subsidiaries and / or a third party in case of reorganization of the AFP group (merger, acquisition, split, etc.)

5.2 Places to which transfers can be made

We strive to host and keep your data within the European Union. However, data may be transferred to countries outside of the European Union, some of which may have a less protective legislation relating to personal data than that applicable within the European Union.

This is the case of data transmitted to some of our subcontractors located outside of the European Union, which we can use for certain specific services.

When such a transfer takes place, we make sure that it is implemented through legal instruments allowing the recipients to comply with all obligations applicable within the European Union as regards data processing (standard contractual clauses of the European Commission), in order to ensure individuals a sufficient level of privacy.

6. Commercial Communications by Email

We may send you, in accordance with applicable law, and with your agreement when it so requires, the AFP Newsletter and some marketing, advertising or promotional messages on products, services or events from AFP or its subsidiaries that may interest you.

If you no longer wish to be on our mailing list, you can opt-out by clicking on the unsubscribe link provided in each of our communications or by sending an email to afoprivacy@afp.com

7. The implementation of your rights on your personal data

You have the possibility to ask us for a copy of your personal data that we hold, as well as their rectification or erasure. You can also ask us to restrict a processing or to oppose a processing. Note however that in these last two cases, your access to all or part of the Platform and / or to the services may be impacted.

You can request to exercise your right to data portability, that is to say the right to receive the personal data that you have provided us in a structured format, in order to transmit such data to another controller.

You can also make special instructions regarding the fate of your personal data after your death.

In each of the above cases, we are likely, in order to respond to your request, to (i) verify your identity and (ii) ask you to provide us with additional information.

Note that we may retain some information when required by law or when we have a legitimate reason to do so.

If you wish to exercise your rights, you may contact us by e-mail or by post at the addresses indicated below. We will endeavor to respond to your requests within a reasonable time. You also have the possibility to lodge a complaint with a supervisory authority.

TERMS OF USE OF THE "AFPFORUM" PLATFORM AND TERMS OF LICENSE OF THE AFP CONTENT

Last update: 01/01/2024

Agence France-Presse (hereinafter “AFP”) is the publisher of the online distribution platform called “AFPForum”, accessible at www.afpforum.com (hereinafter the “Platform”).

1. Scope of these terms of use and licence

These terms of use and licence (hereinafter the “Terms”) apply to your use of the Platform and the Content (as defined in section 2 below), without prejudice to specific provisions of any content license agreement you may have entered into with AFP, which shall prevail.

Please read these Terms and our Privacy Policy before using the Platform and the Content. By using the Platform, you agree to be bound by these Terms.

We reserve the right to modify or to update these Terms and our Privacy Policy at any time and at our sole discretion. Please review these Terms and our Privacy Policy on a regular basis as any modification thereto becomes effective upon publication on the Platform.

For the purpose of these Terms and our Privacy Policy, unless the context indicates otherwise:

• “you”, “your”, “they”, “their”, “user(s)” shall refer to any user of the Platform, whether an AFP client or not;
• “client” shall refer to any user of the Platform who holds a user account (accessible through a user ID and password provided by AFP) and is authorized by AFP to use Content;
• “AFP”, “we”, “our”, “us” shall refer to Agence France-Presse and, when applicable, Agence France-Presse’s subsidiaries and partners.

Some features of the Platform (such as content sharing or content embedding features or video players) are integrated into the Platform but operated by third parties. When using these features on or from the Platform, you undertake to do so in strict compliance with the terms of use applicable to such features.

2. Ownership of the Platform and the Content

As between AFP and you, AFP (including AFP’s subsidiaries and partners) is the sole owner of the Platform, all its components, databases, features, and any content (text, photos, videos, audio material, still and animated graphics, multimedia content, fact-check articles, the AFP Agenda, metadata, and any other content whatever its form) displayed or available on the Platform (hereinafter the “Content”). The Platform (including its design, URLs and any trademarks and logos appearing thereon) and the Content are protected by copyright and other intellectual property laws and treaties.

The Platform is accessible to all users for viewing purposes only. However, the use of the Content available on the Platform is restricted to AFP clients with a valid subscription agreement only. Any use of the Platform and the Content shall only take place as authorized herein and in your content license agreement (if you have entered into a specific agreement with AFP). Any other use of the Platform and the Content, in particular (by way of example and without limitation) any reproduction, communication to the public, distribution, storage, modification, translation, decompilation, extraction of the Platform and/or the Content, in whole or in part, for any purpose, without having a valid subscription agreement or without AFP’s prior written consent, is strictly prohibited.

Except as permitted by section L. 122-5-3.II. of the French Code of Intellectual Property, any access to or use (such as but not limited to reproduction, aggregation and archiving) of the Platform and/or of the Content, for any systematic or automated activities related to text and/or data scraping, mining, extraction, aggregation, analysis, exploration or harvesting, through any “robot”, “bot”, “spider”, “scraper”, or any other automated device, program, technique, tool, process or method, carried out in order to create, develop, train, test, evaluate, modify, and/or support software, algorithms and machine learning/artificial intelligence models or for any other purpose, without AFP’s prior written consent, is strictly prohibited. This provision of the Terms constitutes AFP's express opposition within the meaning of articles L. 122-5-3.III. and R. 122-28 of the French Intellectual Property Code.

3. Use of the Platform

3.1 Access to the Platform and the Content

The Platform is accessible to all users, without identification, for viewing purposes only. If you wish to access the Content in full and to select, download and use Content from the Platform, you may do so through your user account. Your user ID and password will be sent to you by email and are intended solely for your own use of the Platform. Your email address must be strictly personal and not a group address. Distribution in alias mode and associating mailing lists with your email address are not allowed. Your user ID and password shall remain strictly confidential. You shall immediately notify AFP of any breach of security or confidentiality related to your account or any unauthorized use of your (or your staff’s) account.

If your user account allows you to create individual user accounts for your staff, it is your responsibility to only create individual user accounts for your permanent or temporary staff and to immediately cancel any individual user account pertaining to an individual no longer member of your permanent or temporary staff.

You shall take full responsibility for any and all activities that occur under your administrator account and under any individual user account created therethrough.

3.2 Features of the Platform

The features available on the Platform (such as the search tools and filters, saved searches, alerts, etc.) may vary depending on whether you have a user account or not and according to the type of package you have subscribed.

We reserve the right to modify, update, suspend, discontinue or restrict the use of or access to the Platform features at any time, without notice and without incurring any liability in this respect.

3.3 Availability of the Platform

The Platform is available on a 24 hour/7 day basis, unless temporarily interrupted or in case of force majeure.

Although AFP endeavors to ensure the Platform’s full availability, AFP cannot guarantee that the Platform and its features are available without interruption (whatever the cause: maintenance operations, outages, viruses, security breaches, etc.) and AFP shall not be held liable for any consequences resulting therefrom.

4. Use of the Content

4.1AFP does not transfer any property rights in the Content. AFP only grants you a non-exclusive, non-transferable license to reproduce and display the Content for editorial news purposes only. Any other use, in particular but not limited to, any use for corporate communications, advertisement or political propaganda purposes, is prohibited without AFP’s prior written approval (on a case-by-case basis) and without paying the corresponding fee. Any use of the Content beyond the display period authorized by AFP in your content license agreement or, in the absence thereof, beyond seven (7) days from the download of such Content, is prohibited. Any use of the Content on any media other than those referred to in your content license agreement is prohibited. You undertake, in particular, not to transmit, sell or distribute all or part of the Content to third parties, website publishers, portals, aggregators or redistributors, in any way whatsoever, on any existing or future media, either with or without consideration. The use of the Content on social media networks is strictly limited to what is allowed in your content license agreement or, in the absence thereof, in articles 4.12 to 4.16 below. Selection of the Content falls under your sole and full responsibility.

4.2At the end of the allowed online display period, you shall remove the Content from any media and delete any copy you may have produced, except in case of prior written authorization from AFP.

The online display period restriction is without prejudice to your right to archive the elements of the Content that have been used, strictly for internal purposes, for the duration of your content license agreement with AFP or the duration authorized by AFP in writing. The archived Content shall not be accessible to the public.

4.3The Content is intended to illustrate current events and must be used in a manner that is relevant with respect to the events reported. No other use of the Content is allowed. Any use of the Content outside of its original context shall fall under your sole and full responsibility; AFP shall not incur any liability in this respect.

4.4Except as expressly provided in your content license agreement and/or with AFP’s prior written consent, you agree not to modify the Content in any way, except for modifications (“blurring”, for example) required by laws, regulations, and case law in force in the territory(ies) in which the Content is displayed (for example, in France you must comply with the alcohol and tobacco advertising laws or the laws relating to the protection of the image of underage children or the presumption of innocence). Where modifications are permitted, you shall not change, alter, edit or modify the Content in any way that would affect AFP’s copyright (and/or AFP licensors’, as the case may be), in the Content or that would alter the editorial content, substance or spirit of the Content, distort the meaning or cause otherwise non-defamatory, non-infringing content to be defamatory or to infringe the intellectual property rights of any person, or otherwise violate any person’s personal proprietary or privacy rights.

4.5Any change to the captions accompanying the Content falls under your sole editorial responsibility. In addition, you agree to comply with all restrictions of use accompanying the Content and/or specified in your content license agreement. You acknowledge that in the context of the coverage of certain current events and the obtaining of accreditations, AFP is sometimes forced to accept certain restrictions related to the dissemination of information, in particular when covering sporting events.

You agree to comply with all embargoes and restrictions as may be indicated by AFP on the Platform or in the Content.

You shall ensure compliance with the restrictions of use of the Content by the end-users (and/or subscribers) of your digital media, and/or, if applicable, of your newsletters, your RSS Feed or your “Share” function.

End-users and subscribers may use the Content only for personal and non-commercial use, for editorial news purposes. You agree in particular not to allow users of your digital media to download photos in order to configure them as wallpaper ("wallpaper", "screensaver", etc.).

You are responsible for payment of any amounts that may be due to copyright collection societies under, and compliance with any other terms of, any applicable collective bargaining agreements, as a result of your use of the Content.

Unless expressly authorized by AFP, you shall not:

• make all or part of the Content available to third parties, subcontractors or service providers, subsidiaries and/or partners, in particular in the context of co-branding operations, syndication, editorial animation, or outsourcing of the Content from the authorized medium to any other medium;
• insert videos from the Content in a video player exportable on a medium other than the authorized medium under your content license agreement with AFP.

4.6Copyright / Credit:

You agree to maintain the AFP copyright and/or the AFP credit (or those of its partners), as provided with the Content or, in the absence thereof:

• to include on each photo the AFP copyright and/or the AFP credit line (or those of its partners), as well as the name of the photographer, as follows: “name of the photographer / AFP” or “name of the photographer / partner / AFP”;
• when a video is used “as is” (including as an extract) and unless otherwise provided for in the metadata (in particular in case of third party source): to embed the AFP copyright notice and/or the AFP credit line or the AFP logo or to add the mention “AFP Footage” on the images (when the images are AFPTV footage);
• when a video is used as incorporated in a program with other sources of audiovisual material and unless otherwise provided for in the metadata (in particular in case of third party source): either to source AFP in the end-slate of the program, either to embed the AFP copyright notice or the AFP credit line or the AFP logo or the mention “AFP Footage”.

You agree to include the attribution “source AFP” when using text stories “as source” on your digital media.

You agree to include legibly on each page of your digital media containing AFP verbatim news or photos, AFP’s logo and/or the following short statement: “All rights reserved ©(current year) Agence France-Presse.”

4.7The rights granted herein are for a one-time use only of the photos or videos downloaded from the Platform. If you wish to use a photo or a video more than once, you must download it again on the Platform. The number of photos and videos that you are allowed to download and display is limited to the package you have subscribed to under your content license agreement with AFP.

If you exceed your quota, you will be liable for additional compensation according to the AFP rates in force for “a la carte” sales.

You may not display photos in any electronic medium at a resolution greater than 1024 pixels in any one dimension and videos may only be uploaded in low resolution, unless expressly authorized by AFP in your content license agreement.

4.8When the Content is used on digital media, you agree, not to authorize:

• That hyperlinks from third party websites point to all or part of the Content on your digital media, except in the case of a search via a search engine;
• All or part of the Content to be accessible in cache mode;
• All or part of the Content to be displayed on other websites in frames.

4.9You agree to oppose, within the meaning of articles L. 122-5-3.III. and R. 122-28 of the French Intellectual Property Code, the use of the Content on your digital media for the purposes described in the last paragraph of article 2 of these Terms (artificial intelligence).

4.10You agree not to use the Content (i) in contravention of any laws and regulation in force, or (ii) in association with any activity, data, document and/or information which are in contravention of any laws and regulations or which may damage AFP’s image or reputation. In particular, you shall comply with laws and regulations on lotteries and online gaming, as well as with applicable legislation on the protection of the image of underage children or on the presumption of innocence.

4.11You are prohibited from making and/or distributing to third-parties one or several competing databases created from the Platform or the Content.

4.12If you are authorized, under your content license agreement, to set up a “Share” function of the Content, as defined below, you may make available to internet users with access to your digital media this “Share” function, on an ad hoc basis, for non-commercial purposes and for personal use, provided that (i) you respect the AFP credit and copyright notice requirements as provided in article 4.6 above, (ii) the “shared” or “recommended” Content be limited to the articles’ titles or thumbnails of photos and videos, (these titles and thumbnails being clickable links to the article, photo or video on your website) and (iii) the Content is not associated by you with other items of material or third-party content, in a manner that could distort the meaning of the Content or cause otherwise non-defamatory, non-infringing content to be defamatory or to infringe the intellectual property rights of any person, or otherwise violate any person’s personal proprietary or privacy rights.

The word “thumbnail” is understood as a thumbnail-sized image with a maximum resolution of 250x200 pixels. A “Share” function refers to the action of sending by email and/or of sharing or recommending the titles of articles, captions or thumbnails of photos, or titles or thumbnails of videos from the Content present on your digital media by means of buttons labeled (these designations not being exhaustive) “ send by email”, “ share”, “ recommend”, these actions then allowing a referral to the Content itself on your website, or the action of printing the data of the Content available on your digital media.

4.13In addition to the "Share" function that you may make available in accordance with the conditions set out in Article 4.12 above, you may upload the Content on your official Facebook page or on your official channel on YouTube and Dailymotion, provided that (i) you respect the AFP credit and copyright requirements as set forth in article 4.6 above, (ii) the Content posted online is limited to titles of articles and/or titles or thumbnails of photos and videos (these titles and thumbnails must be clickable links to the article, photo or video on your digital media), and (iii) the Content is not associated by you with other items of material or third-party contents, in a manner that could distort the meaning of the Content or cause otherwise non-defamatory, non-infringing content to be defamatory or to infringe the intellectual property rights of any person, or otherwise violate any person’s personal proprietary or privacy rights.

In any case, you are expressly prohibited from uploading or authorizing the posting on social media networks (Facebook, YouTube, Dailymotion and all others) (i) of articles from the Content other than in the form of clickable titles linking back to the article on your digital media, (ii) of AFP photos, other than in the form of clickable thumbnails linking back to these AFP photos on your digital media, or (iii) or to allow viewing of AFP videos on these social media networks, as you are only allowed to post clickable thumbnails of the video linking back to the video on your digital media.

Similarly, and unless specifically authorized under your content license agreement, you are expressly prohibited from uploading or authorizing the posting or viewing of a program incorporating Content on social media networks and videos sharing platforms (Facebook, YouTube, Dailymotion and others) if the Content incorporated in the program is a substantial part of this program, as you are only allowed to put clickable thumbnails of the program linking back to the program on your digital media.

4.14Termination specific to social networks

In the event of (i) use of the Content or the programs by a social media network for its own purposes, (ii) the modification of the terms of use of your pages on a social media network, (iii) or in case of use by you or a social media network in a way that is contrary to the provisions of these Terms, AFP may terminate this license for your pages on this social media network, by sending a registered letter with acknowledgement of receipt, and you shall remove immediately any Content from such social media network.

4.15Strike/ Takedown notice

AFP disclaims all liability in the event of a third party claim or take down notice (a “strike”) made in relation to the display or dissemination of the Content or a program incorporating the Content on a video sharing platform or social media network. AFP shall have no obligation to assist you in removing the “strike”; and disclaims all liability in the event Subscriber’s account and/or channels are closed or blocked.

4.16“Content ID”

You shall not activate the “Content ID” function on AFP videos or on programs incorporating AFP videos used on your pages hosted on videos sharing platforms (such as YouTube, Dailymotion, etc.) or on social media networks, or activate any other functionality enabling you to claim rights (including financial compensation) on the Content (“as is” or incorporated into a program) used on third party pages or channels.

4.17Neighboring Rights

For the purpose of these Terms, “Neighboring Rights” means the rights granted to news agencies and publishers pursuant to articles 15 and 17 of the 2019 / 790 European Directive of 17 April 2019 on copyright and related rights in the Digital Single Market and articles L. 218-1 to L. 218-5 of the French Intellectual Property Code to authorize any reproduction and/or communication to the public, in whole or in part, of their content (in particular videos, photos, infographics) in digital form by an online public communication service and to directly collect any revenues derived from such rights. The online communication services concerned include, without limitation, aggregators, media monitoring services, search engines, portals, content sharing platforms and other media or social media (the “Online Public Communication Services”).

It is up to you, if you are a press publisher, and it is up to AFP, as a news agency, to manage their own Neighboring Rights directly with the Online Public Communication Services, each party being solely responsible for asserting their own Neighboring Rights. Neither AFP nor you may grant rights or receive revenue under Neighboring Rights to content belonging to the other party.

Furthermore, AFP alone will collect, via the collecting societies, the reprography rights pertaining to AFP content reproduced on digital media, as provided for in article L. 122-10 of the French Intellectual Property Code, and the right to remuneration for private copying as provided for in articles L. 311-1 et seq. of the French Intellectual Property Code.

4.18Unless otherwise provided in your content license agreement, in case of violation of these Terms, AFP reserves the right to terminate your access to the Platform immediately, without prejudice to any other rights and remedies we may have.

5. Trademarks and logos

The trademarks, logos and distinctive signs appearing on the Platform are the sole property of AFP and/or its partners. They may only be used, in whole or in part (including as a link to the Platform), with AFP’s and/or AFP’s partners prior written approval and in strict compliance with AFP’s and/or AFP’s partners graphic charter.

6. Warranties

You hereby warrant and represent that you will access and use the Platform, its features and the Content in strict compliance with these Terms, the applicable laws, the terms of use applicable to any third-party features integrated into the Platform but operated by third parties and, where applicable, with the content license agreement you may have entered into with AFP.

You hereby undertake to defend, indemnify and hold harmless AFP (including its affiliates, partners, clients and any other third parties) from and against all expenses (including, but not limited to reasonable legal fees and expenses), costs, losses, liabilities, damages, arising out of or in connection with any claim, demand, action, proceeding, directly or indirectly resulting from or based on any breach of the Terms by you (including your employees, agents, partners, clients), any act of unfair competition or parasitism or any infringement of any third party’s rights, any restriction applicable to the Content or any law or regulation in force.

7. Limitations and disclaimers on liability

7.1ALTHOUGH AFP ENDEAVOURS TO PROVIDE ACCURATE AND RELIABLE INFORMATION, ERRORS, INACCURACIES OR OMISSIONS CANNOT BE COMPLETELY RULED OUT IN THE FIELD OF NEWS. THIS PLATFORM AND THE CONTENT ARE SUPPLIED "AS IS". AFP DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES OF ANY KIND WITH RESPECT TO THE PLATFORM AND THE CONTENT, INCLUDING BUT NOT LIMITED TO ALL WARRANTIES OF PEACEFUL ENJOYMENT, TITLE AND NON-INFRINGEMENT (INCLUDING ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS OR RIGHTS OF PUBLICITY OR PRIVACY). ACCESS TO AND AVAILABILITY OF WHOLE OR PART OF THE CONTENT, THE PLATFORM AND THE PLATFORM’S FEATURES MAY BE INTERRUPTED OR RUN SLOWLY. AFP DISCLAIMS ALL WARRANTIES WITH RESPECT TO SECURITY THREATS SUCH AS HACKING, UNAUTHORISED THIRD PARTY ACCESS, VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS THAT MAY AFFECT YOUR HARDWARE, SOFTWARE OR DATA. IN NO EVENT SHALL AFP (INCLUDING ITS MANAGEMENT AND STAFF) BE HELD LIABLE FOR ANY KIND OF DAMAGE (INCLUDING BUT NOT LIMITED TO PHYSICAL, MATERIAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, DIRECT, INDIRECT OR OTHER SIMILAR DAMAGES) BASED ON WHATEVER GROUNDS (TORT, CONTRACT OR OTHERWISE) ARISING OUT OF OR RELATED TO THE ACCESS OR USE, OR THE IMPOSSIBILITY TO ACCESS OR USE, THE PLATFORM AND/OR THE CONTENT.

7.2Limitations and disclaimers on liability and warranties may be prohibited or restricted in certain jurisdictions. Consequently, some of those limitations and disclaimers may not apply to you if prohibited or regulated by mandatory legal provisions in your jurisdiction.

7.3IN ANY CASE, THE AGGREGATE LIABILITY OF AFP, BASED ON WHATEVER GROUNDS (TORT, CONTRACT OR OTHERWISE), ARISING OUT OF OR RELATED TO THE ACCESS OR USE, OR THE IMPOSSIBILITY TO ACCESS OR USE, THE PLATFORM AND/OR THE CONTENT MAY UNDER NO CIRCUMSTANCES EXCEED THE AMOUNT OWED BY YOU TO AFP FOR THE USE OF THE PLATFORM AND THE CONTENT.

7.4AFP is not responsible for the websites referenced on the Platform or in the Content or referencing the Platform or the Content (in particular by means of a hyperlink). References made to third party’s websites on the Platform or in the Content shall by no means be construed as an endorsement by AFP or its partners of these websites or their content. Third party’s websites and their content are governed by their own terms of use.

8. Governing law - Jurisdiction

Without prejudice to the provisions of Section 7.2 above, these Terms and any dispute arising thereof shall be governed by and construed in accordance with French law without regard to its conflict of law principles.

The Courts of Paris (France) shall have exclusive jurisdiction notwithstanding any actions in warranty or plurality of defendants.

9. Miscellaneous

If one or more provisions of these Terms are held to be invalid, illegal or unenforceable under any applicable law or rule, or declared invalid, illegal or unenforceable by a court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect any other provision of these Terms, which shall remain in full force and effect.

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