Terms and Conditions of Use

l Terms and Conditions of Use (GTCU) of the online services offered by Martina Westover on martina-westover.com

The legal responsible of the platform martina-westover.com is Martina Westover, whose head office is located 155 impasse du Castellas 30160 Besseges. Its SIRET number is 53079159900018.

The martina-westover.com platform is hosted by the company Gandi, 63-65 Boulevard Masséna, 75013 Paris.

It was developed with free software by Ekosysteme.

It is powered by the Nextcloud content management framework on a Minimal distribution, graphically implemented with Nextcloud on a Debian server.

REPRODUCTION RIGHTS

Unless otherwise noted, all content on the platform is licensed under a Creative Commons "Attribution 3.0 France" (CC BY 3.0 FR) license. You are authorized to:

  • Share - copy, distribute and communicate the content of this site by any means and in any format

  • Adapt - In the event that you remix, transform, or create from the material comprising martina-westover.com, you must distribute the modified Work under the same conditions, i.e. with the same license with which the original Work was distributed.

  • Attribution - You must credit the source: martina-westover.com, include a link to the Creative Commons "Attribution 3.0 France" (CC BY 3.0 FR) license, and indicate whether any modifications have been made to the content of this site. You must indicate this information by all reasonable means, without suggesting that Martina Westover endorses you or the way you have used its content.

  • No Additional Restrictions - You may not enforce any legal requirements or technical measures that would legally restrict others from using the content of this site under the conditions described in the license.

- In the event that you remix, transform, or create from the material at www.martina-westover.com, you must distribute the modified Work under the same terms and conditions, i.e., with the same license under which the original Work was distributed.Attribution - You must credit the source: www.martina-westover.com, link to the Creative Commons "Attribution 3.0 France" (CC BY 3.0 FR) license, and indicate whether any modifications have been made to the content of this site. You must indicate this information by all reasonable means, without suggesting that Martina Westover endorses you or your use of its content.No additional restrictions - You may not enforce any legal terms or technical measures that would legally restrict others from using the content of this site under the conditions described in the license.

DATA PROTECTION

In accordance with the General Data Protection Regulation or "GDPR", you have rights regarding the privacy and protection of your data:

  • Right of access: the right to request access to the personal data we process;

  • Right of rectification: the right to ask us to amend or update your personal data when it is inaccurate or incomplete;

  • Right to erasure: the right to ask us to permanently delete your personal data;

  • Right of restriction: the right to ask us to temporarily or permanently stop processing all or part of your personal data;

  • Right of refusal: the right to refuse at any time the storage of your personal data;

  • Right to data portability: the right to request a copy of your personal data in electronic format and the right to transmit that personal data for use by a third party service;

We collect your personal data when you create your personal account on martina-westover.com via our membership form, when you subscribe to our newsletter, when you register or participate in an event organized by Martina Westover by leaving your data on a form proposed for this purpose.

Under no circumstances will these data be communicated to third parties.

When you browse our website, which uses cookies, only anonymous statistical information is collected. Visitors to this site can access public content without providing personal information. To post comments or articles, or to view Martina Westover members-only information, users must provide their email address. This address is not made visible.

Upon your request, we will delete your personal data or give you the opportunity to exercise your rights. To do so, please send us an email to Martina Westover. We will process your request within one month as required by law.

This privacy policy may be supplemented, modified or updated, particularly in the event of changes in regulations.

The personal data collected by Martina Westover are processed by the legal person in charge of the site mentioned at the top of this page.

We remind users that the texts they make public or the comments they publish must respect the protection of personal data of third parties.

ARTICLE 1: Purpose

The purpose of the present "general terms of use" is to provide a legal framework for the terms and conditions of the services offered by the martina-westover.com platform and their use by the "user".

The general conditions of use must be accepted by any user wishing to access the site. They constitute the contract between the site and the user. Access to the site by the user signifies acceptance of these general conditions of use.

Eventually: 

In case of non-acceptance of the general conditions of use stipulated in this contract, the User must renounce access to the services offered by the site.

Martina Westover reserves the right to unilaterally change the content of these terms and conditions at any time.

ARTICLE 2 : Legal notice

The edition of the platform martina-westover.com is ensured by Martina Westover whose head office is located 155 impasse du Castellas 30160 Besseges.

Martina Westover is the editor of the publication

The host of the martina-westover.com platform is the company Gandi, whose head office is located at 63-65 Boulevard Masséna, 75013 Paris.

ARTICLE 3: Definitions

The purpose of this clause is to define the various essential terms of the contract:

  • user: this term refers to any person who uses the site or one of the services offered by the site.

  • User content: this is the data transmitted by the User within the site.

  • Member: the User becomes a member when he is identified on the site.

  • Username and password: this is all the information necessary to identify a User on the site. The identifier and the password allow the User to access services reserved to the members of the site. The password is confidential.

ARTICLE 4: access to services

The site allows the User free access to the following services:

  • news articles;

  • classified ads ;

  • connecting people ;

  • publication of comments / personal works;

  • ...

The site is accessible free of charge anywhere to any User with Internet access. All costs incurred by the User to access the service (computer hardware, software, Internet connection, etc.) are at the User's expense.

As applicable: 

the non-member user does not have access to the services reserved for members. To do so, he/she must identify himself/herself with his/her login and password.

The site implements all the means at its disposal to ensure quality access to its services. The obligation being of means, the site does not commit itself to reach this result.

Any event due to a case of force majeure resulting in a malfunction of the network or server does not engage the responsibility of [Site name].

Access to the site's services may be interrupted, suspended or modified at any time without notice for maintenance or any other reason. The User undertakes not to claim any compensation following the interruption, suspension or modification of this contract.

The User may contact the site by e-mail at contact@martina-westover.com.

ARTICLE 5 : Intellectual property

The trademarks, logos, signs and any other content of the site are protected by the Intellectual Property Code and more particularly by copyright.

The User may reproduce, publish, copy the various contents under the Creative Commons "Attribution 3.0 France" (CC BY 3.0 FR) license.

Any content put online by the user is of its only responsibility, he.she undertakes not to put online content that can harm the interests of third parties. Any legal action taken by an injured third party against the site will be borne by the user.

User content may be removed or modified by Martina Westover at any time and for any reason. They may not receive any justification or notification prior to the removal or modification of their content.

ARTICLE 6 : Personal data

The information requested when registering on the site is necessary and mandatory for the creation of the User's account. In particular, the e-mail address may be used by the site for the administration, management and animation of the service.

The site ensures the User a collection and processing of personal information in compliance with the law n°78-17 of January 6, 1978 relating to data processing, files and freedom. The site is declared to the CNIL under the number [number].

In accordance with articles 39 and 40 of the law dated January 6, 1978, the User has the right to access, rectify, delete and oppose his personal data. The User exercises this right via :

  • his personal space;

  • a contact form;

  • by mail at [email address] ;

  • by mail at [address].

ARTICLE 7: Liability and force majeure

The sources of the information published on the martina-westover.com site are deemed reliable. However, the owner of the Martina Westover platform reserves the right not to guarantee the reliability of the sources. The information given on the site is for information purposes only. Thus, the User alone assumes full responsibility for the use of the information and content of this site.

The user is responsible for keeping the password secret. Any disclosure of the password in any form is prohibited.

the user assumes all risks related to the use of his login and password. Martina Westover declines all responsibility.

Any use of the service by the User resulting directly or indirectly in damage shall be subject to compensation to the site.

Martina Westover undertakes to implement all the necessary means to guarantee the security and confidentiality of the data. However, Martina Westover cannot be held responsible for any malfunctioning of the site.

Martina Westover's responsibility cannot be engaged in case of force majeure or the unforeseeable and insurmountable fact of a third party.

ARTICLE 8 : Hypertext links

Martina Westover is not responsible for the content of any of the websites linked to this site and has no control over them.

The User therefore refrains from engaging the responsibility of the site concerning the content and resources related to these outgoing hypertext links.

ARTICLE 9 : Evolution of the contract

Martina Westover reserves the right to change the terms of this agreement at any time.

ARTICLE 10 : Duration

The duration of this contract is indefinite. The contract is effective for the User from the moment he uses the service.

ARTICLE 11: Applicable law and jurisdiction

French law shall apply to this contract. In the event of failure to reach an amicable settlement of a dispute between the parties, only the courts [of the jurisdiction of the Court of Appeal of / of the city of] [City] shall have jurisdiction.

ARTICLE 12 : Publication by the User

Martina Westover allows users to post content, publications, comments.

In his publications, the user undertakes to respect the D11 and the legal rules in force.

Martina Westover exercises a posteriori moderation on the publications and reserves the right to refuse their publication, without having to justify this to the user.

the user remains the owner of all his intellectual property rights. However, by publishing on the site, the user grants Martina Westover the non-exclusive and free right to represent, reproduce, adapt, modify, broadcast and distribute his publication, directly or through an authorized third party, throughout the world, on any medium (digital or physical), for the duration of the intellectual property. The user grants in particular the right to use his publication on the Internet and on cell phone networks.

The publishing company undertakes to include the member's name in the vicinity of each use of its publication.