Dates : 1rst of March 2022
Make.org is an independent organization that edits the website accessible at the address www.dialogue-make.org (hereinafter the “Website”) on which project co-construction services are made available. These services concern subjects of general interest, particularly in economic, social and civic fields. These services have been designed to promote certain projects, measures and concrete actions, in a co-construction approach, in order to obtain reactions from citizens and the public (hereinafter the “Services”). Users can take part in online project co-construction services (hereinafter the “Users”), in the course of assignments entrusted to Make.org by sponsors. If they wish to do so, Users can react to projects, measures and concrete actions proposed, commenting or voting in order to contribute to their implementation.
AIM OF THE SERVICE
The aim of these general conditions is to the set out terms and conditions of use of the Website and Services proposed on Make.org and define the rights and obligations of the parties (namely Make.org and the Users) in this context. They can be accessed and printed at any time by means of a direct link at the bottom of each page of the Website. They can be supplemented, where required, by special conditions of use for certain services or by special conditions of use for certain specific users. In the event of any contradiction, the special conditions shall prevail over these general conditions.
OPERATOR OF THE WEBSITE AND SERVICES
The Website and the Services are operated by the company Make.org, a simplified joint stock company with its registered office at 13-15 rue de la Bûcherie, 75005, PARIS, listed in the PARIS register of trades and companies under the number 820 016 095 (hereinafter “Make.org”).
ACCESS TO THE WEBSITE AND SERVICES
Access to the Website and Services is free of charge. It is open, subject to the restrictions indicated on the Website, to any User, and: - to any physical person having the full legal capacity to commit themselves to these general conditions. A physical person who does not have this full legal capacity may only have access to the Website and Services with the agreement of their legal representative, - to any legal entity acting through the intermediary of a physical person having the legal capacity to enter into a contract in the name of and on behalf of the legal entity. The project co-constructions put on line on the Website are grouped according to the project subjects.
ACCEPTANCE OF THE GENERAL CONDITIONS
The aim of these general conditions of use (hereinafter “GCU” or “general conditions”) is to set out the terms on which the User will be able access and use the Website and Services. They constitute a contract between Make.org and the Users. The use of the service implies the full and unreserved acceptance of these GCU. These GCU are easily accessible via the dedicated link available at the bottom of each page of the Website.
USE OF THE WEBSITE AND SERVICES AND DESCRIPTION OF THE SERVICES
The Website is accessible to Users who can visit it and take part in the Services to which they have access. The use of the Services does not require the setting up of an account by the User. Any participation by Users is voluntary. However, the various forms of participation described below enable the implementation of projects, measures and ideas with a view to co-construction and development. Interactions, votes, comments and information in connection with the project co-constructions If they wish, Users have the possibility of voting on the project co-constructions or reacting to them by choosing one of the proposed responses (for example by clicking on the “very good idea” or “bad idea” button). If they wish, a User also has the possibility of leaving comments, which will be posted alongside their first name. Finally, if they wish, a User can ask to be kept informed of the follow-up on the results of a co-construction, to which they have access by entering their e-mail address in the space provided for this purpose. Posting and moderation of comments The posting of comments drafted by Users is subject to moderation under the conditions set out in these GCU and in the moderation charter. The comments are published automatically and their authors are informed of the fact by e-mail. Make.org’s moderation department examines the comments a posteriori. In the event of deletion of a comment, the User who posted it is informed of the fact by e-mail. The User must not spam the Services by proposing the same comments with different electronic addresses. Make.org undertakes not to moderate arbitrarily comments whose content is lawful and satisfies these moderation rules. Request for deletion of a comment by a User who is the author of the said comment Where a User who has posted a comment wishes to have the said comment deleted, they shall submit their request by e-mail to Make.org at the following address: email@example.com. In accordance with the personal data charter [insert link top the charter], the User’s deletion request shall be treated as soon as possible by Make.org. Inscription for the workshops If they wish, Users can register for the workshops organized by Make.org in connection with the project co-constructions, by filling in the form provided for this purpose. The Users must then provide all the information marked as mandatory. Any registration for the workshops that is incomplete will not be validated. Users who have registered guarantee that all the information given on the registration form is correct, up to date, sincere and free of any entry of a deceptive nature. Use of the results of project co-constructions Use for statistical purposes: Make.org shall be entitled to use the results of the co-constructions, whether aggregated or not, in the former case purged of any personal data, including compilations and summaries, for statistical, investigative or any other purposes. Use for the purposes of reports and studies: Make.org shall be able to select the results of the co-constructions in order to be able to carry out or prepare analyses, reports and studies for statistical and research purposes or to help in the creation of reform projects. Publication of white papers: Make.org shall be entitled to edit or co-edit white papers of a non-commercial nature reproducing the results of the co-constructions, in part or in full. Editorial use: In addition, the results of the co-constructions could be re-examined, commented and analysed by Make.org and/or by partnering journalists in order to prepare editorial content. Use for communication purposes: The results of the co-constructions could also be used by Make.org on the Website and appear in posters on advertising billboards used by Make.org’s partners. In this case, any use of a comment on the said billboards shall involve the publication of the comment anonymously or subtitled with the first name of the User who was the author of the said comment. Implementation of the ideas discussed in the course of the project co-constructions: Finally, the ideas and measures put forward in the course of the co-constructions could be implemented in concrete action, either directly by Make.org or through Make.org’s sponsoring partners, a fact that the User behind the idea or measure and the Users having voted on it or interacted with it understand and expressly accept.
THE USER’S OBLIGATIONS AND GUARANTEES
Without prejudice to the other obligations set out in these general conditions, the User undertakes to respect the following obligations: Respecting the applicable laws and regulations The User undertakes, in their use of the Website and Services, to respect the laws and regulations in force and to jeopardise neither the rights of third parties nor public order. Make.org may in no event be held responsible in this regard. Use of the Website and Services The User acknowledges having been informed on the Website of the characteristics and constraints, particularly technical constraints, of the Website and the Services in their entirety. They alone are responsible for their use of the Website and Services. The User has been informed, and accepts, that the use of the Website and Services requires that they be connected to the Internet and that the quality of the Services depends directly on this connection, for which they alone are responsible. The User undertakes to keep their use of the Website and Services strictly personal and to allow no third party to use them in their place or for themselves. Consequently, they shall refrain from assigning, loaning or transferring all or any of their rights or obligations under these general conditions to a third party, in any manner whatsoever. The User is also solely responsible for the relationships they may develop with other Users and the information that they may communicate to them in the context of the Services. It is up to the User to exercise appropriate prudence and discernment in these relations and communications. Relation à Make.org The User undertakes to provide Make.org with all the information necessary for the proper operation of the Services. More generally, the User undertakes to cooperate actively with Make.org with a view to the proper execution of these general conditions. Content The User is responsible for content of any nature (edited, graphic, audiovisual, etc., including any designation chosen by the User for their identification on the Website) that they disseminate in the context of the Services (hereinafter designated the “Content”). Such Content shall include comments drafted and posted in the context of the Services. The User assures Make.org that they have all the required rights and authorizations for the diffusion of this Content. They attest that the said Content is legal, is not prejudicial to public order, moral standards or the rights of third parties, infringes no legal or regulatory provision and, more generally, is in no way liable to incur the civil or criminal liability of Make.org. More specifically, the User undertakes: - not to post any Content or link leading to any content that constitutes a violation of these GCU; - not to post Content of an advertising nature or promoting profit-making services, particularly any direct mailings or “spamming”, chain letters, political campaign messages, advertisements, prize draws or undesirable solicitations; - not to post any Content involving commercial and/or sales activities, such as contests, lotteries, bartering, advertising or pyramid systems, without the prior written authorization of Make.org; - not to post Content that is devoid of seriousness or is off-topic; - not to post any information of a confidential nature, including, without restriction, information of a personal nature concerning them or a third party such as surnames, addresses, telephone numbers, electronic addresses, social security numbers, credit card numbers, or any particular category of information (such as health information, information regarding political opinions, religious convictions, sexual orientation); - not to post Content promoting or denigrating political parties, organisations or public personalities; and - in their exchanges with other Users, to respect the usual rules of politeness and courtesy. The User undertakes not to make remarks or post Content contravening the law or moral standards, in particular, without this list being exhaustive: - Content inciting racial hatred, or racist, anti-Semitic, xenophobic, homophobic or revisionist Content; - Content of a violent, pornographic, paedophile, obscene or indecent nature; - Content that is offensive, denigrating, defamatory, or violating third parties’ personality rights; - Content denying crimes against humanity or recognized genocides or approving crimes; - Content inciting the committing of acts forbidden by the law such as incitement to commit acts of violence or terrorism or sell narcotic products; - Content violating privacy; - Content violating third parties’ intellectual property rights, and in particular Content violating any patent, brand, fabrication secret or authors’ rights, especially any Content promoting the illegal or unauthorized copying of third parties’ works protected by copyright, for example by providing pirated computer programs or links connecting to such programs, by dissimulating information enabling the circumventing of systems installed by the manufacturer to protect against copying, or by providing pirated music or links leading to pirated music files; - Content violating the presumption of innocence or the confidentiality of an investigation, etc.; - Content violating human dignity; - Content that could be considered to qualify as an abuse of freedom of expression; - Content that constitutes, encourages or promotes an illegal activity or criminal offence or provides indications on how to engage in them; - Content providing instructions in connection with illegal activities, such as the fabrication or purchase of illegal arms, the violation of a third party’s privacy, or the creation or provision of computer viruses; - Content that is harmful to third parties’ computer systems (such as viruses, worms, Trojan horses); - Content that usurps the identity of a person or an entity or presents in a deliberately erroneous manner the relationship of the User concerned with a person or an entity; - and more generally Content liable to violate third parties’ rights or to be prejudicial to third parties, in any manner or in any form whatsoever. Complaints and indemnities The User covers Make.org against any complaints, claims, actions and demands whatsoever that Make.org could suffer as a result of violation by the User of any of their obligations or guarantees under the terms of these GCU. They undertake to indemnify Make.org for any prejudice they may suffer and reimburse them for any costs, charges and/or convictions they could incur as a consequence.
Users accept that it is strictly forbidden to use the Website and Services for the following purposes: - the exercising of activities that are illegal or fraudulent or violate the rights or safety of third parties; - violation of public order or the laws and regulations in force; - intrusion into a third party’s computer system or any activity liable to harm, control, interfere with or intercept all or any part of a third party’s computer system, violating its integrity or security; - the sending of unsolicited e-mails and/or commercial propositions or solicitations; - manipulations intended to improve referencing on a third-party website; - aiding or encouraging, in any form or any manner whatsoever, the carrying out of one or more of the acts and activities described above; - and more generally any practice using the Website and Services to ends other than those for which they were conceived. Users are strictly forbidden to copy and/or use to their own ends or those of third parties the concept, technologies or any other element of the Website or Services. The following are also strictly forbidden: (i) any conduct liable to interrupt, suspend, slow down or prevent the continuity of the Website and Services, (ii) any intrusion or attempted intrusion into Make.org’s systems, (iii) any misuse of the Website’s resources system, (iv) any actions likely to impose disproportionate costs on the Website’s infrastructures, (v) any violation of the security and authentication measures, (vi) any acts liable to compromise the rights and financial, commercial or moral interests of Make.org or the Users of its Website and Services, and finally, more generally, (vii) any violation of these general conditions. It is strictly forbidden to charge for, sell or concede the access to the Services or Website or to information that is hosted and/or shared on them, in full or in part.
LIMITS OF MAKE.ORG’S GUARANTEE AND RESPONSIBILITY
Quality of service Make.org cannot guarantee that the Website and Services will suffer no interruption. Make.org undertakes to make the Website and Services available with diligence and in accordance with current standards and rules, it being stipulated that this concerns only obligation of means, a fact that the Users recognize and expressly accept. Make.org undertakes to make regular checks in order to verify the functioning and accessibility of the Website and Services. In this respect, Make.org reserves the capacity to interrupt access to the Website and Services momentarily for maintenance reasons. Similarly, Make.org shall not be held responsible for any momentary difficulty or impossibility of access to the Website and Services that can be attributed to circumstances beyond its control or force majeure or disturbances in the telecommunications networks. Make.org does not guarantee to its Users (i) that the Website and Services, subjected to constant research, notably to improve performance and progress, will be totally free of errors, vices and defects, (ii) that the Website and Services, being standard and in no way offered for the sole use of a given User in accordance with their particular personal constraints, will meet their specific needs and expectations. Notification of illegal content and withdrawal While the Services are subjected to moderation, Make.org cannot be held responsible for damages (direct or indirect) caused by the content, beyond its legal obligations with regard to content withdrawal. Illegal content can in fact be notified to Make.org in accordance with the modalities provided for in the legislation. If Users consider that content or some other element placed on the Website or available via the Services is illegal, please contact Make.org immediately at the address firstname.lastname@example.org or via the “Contact” section. On completion of this procedure, we will make every possible effort to delete the illegal content as soon as possible. Damages In any case, the responsibility liable to be borne by Make.org under these general conditions is expressly limited to the proven direct damages alone suffered by the User.
Property of Make.org Make.org makes no claim to ownership of the data and Content provided by the Users. The systems, software, structures, infrastructures, databases and content of any nature (text, images, visuals, music, logos, brands, databases, etc.) used by Make.org on the Website in the context of the Services are protected by all intellectual property rights in force. Any reproduction, representation, publication, transmission or, more generally, any unauthorized use of all or part of the Service and information that it contains, without the express authorization of Make.org, shall engage the User’s responsibility. Any disassembly, decompilation, decryption, extraction, re-use, copying or, more generally, any act of reproduction, representation, dissemination or use of any one of these elements, in whole or in part, without Make.org’s authorization is strictly forbidden and could lead to prosecution. Rights of the database producer Make.org is the producer of the database(s) constituted by the Website within the meaning of articles L.341-1 et seq. of the Intellectual Property Code. Make.org expressly forbids: (1) the extraction (by permanent or temporary transfer) of the totality or a qualitatively or quantitatively substantial part of the content of the database to another medium, by any means or in any form whatsoever, (2) the re-use, by making available to the public of the whole or a qualitatively or quantitatively substantial part of the content of the database, in whatever form, and (3) the extraction or repeated and systematic re-use of qualitatively or quantitatively insubstantial parts of the content of the database when these operations manifestly exceed the conditions of normal use of the database. Such re-use or extractions may engage the civil and/or criminal responsibility of their perpetrator. In the event of non-application of articles L.341-1 et seq. of the Intellectual Property Code, any extraction or use of the content of the database that has not been expressly authorized by Make.org beforehand may engage the civil responsibility (particularly the contractual responsibility for Users of the Website) and/or criminal responsibility of its perpetrator. Make.org reserves the possibility of asserting its rights and taking any legal action, on the various grounds available, against persons who have not respected this prohibition. Nothing in this clause may be interpreted as a renouncement of the said rights and recourse to legal proceedings. Ownership of the Content The Content is the property of its authors who grant Make.org a non-exclusive, transferable and free operating licence, in France and worldwide, for any online use and for any means of dissemination, for the duration of these GCU and for all the uses covered by these GCU.
LINKS AND THIRD-PARTY WEBSITES
In no event can Make.org be held responsible for the technical availability of the websites or smartphone applications used by third parties (including their possible partners) to which the User might have access via the Website. Make.org takes no responsibility for content, advertisements, products and/or services available on such third-party website and smartphone applications, which, it should be remembered, are governed by their own conditions of use. Nor shall Make.org be responsible for transactions carried out between the User and any advertiser, professional person or trader (including any of their partners) approached by the User via the intermediary of the Website and in no event shall Make.org be party to any litigation whatsoever with these third parties concerning in particular the delivery of products and/or services, guarantees, declarations or any other obligations to which these third parties are committed.
PENALTIES AND TERMINATION
In the event of violation of any one of the provisions of these general conditions or, more generally, of infringement of legislation or regulations in force by a User, Make.org reserves the right to adopt any appropriate measure and in particular to: - suspend or terminate access to the Website and Services by any User who perpetrated the violation or infringement, or took part in it, - delete any content put on line on the Website via the Services, - publish any informing message that Make.org may judge useful on the Website, - warn any authority concerned, - take any legal action. Generally speaking, in the event of failure by the User to meet their obligations as set out in these general conditions and/or in the event of violation of any applicable law or regulation, Make.org could engage their responsibility and claim damages and interest in reparation for the any losses suffered as a result of the User’s failure or violation. Furthermore, Make.org may, at any time and without warning, for whatever reason, temporarily or definitively cancel the publication of a comment if it contravenes these GCU and/or the moderation charter. Similarly, owing to the fact that the services are free for the Users, Make.org could at any time and without warning, for whatever reason, temporarily or definitively proceed with the modification or the partial or total removal of the Website or the Services.
DURATION OF THE SERVICES
The project co-constructions organized in the context of the Services are accessible to Users for the limited duration indicated. Users’ participation in the Services is voluntary, the Users being free to choose not to access or take part in them.
Make.org reserves the right to update all or part of the Website or Services, any documents and information available or these GCU in accordance with the evolution of the legal, technical or commercial situation. The User shall be informed of these modifications by any useful means. In particular, Make.org undertakes to publish the new version of the GCU on the Website. Any modification shall take effect immediately on the publishing on line of the new version of the GCU on the Website. The date appearing at the top of this page indicates when these GCU were last updated. It is therefore suggested that the User regularly consult the latest version of the GCU on the Website. By continuing to use the Website and Services after the date of updating of the GCU, Users accept being bound by these GCU as modified. If Users do not agree to the modified GCU, they must not continue to use the Website or Services after the date on which the modifications came into force.
INTEGRITY AND DIVISIBILITY
These GCU constitute the entirety of the contractual commitments, rights and obligations of the Users and Make.org. They cancel, replace and take prevalence over any previous engagements having the same objectives. If these GCU or any part of them should be considered illegal, invalid or otherwise inapplicable, then insofar as they are illegal, invalid or inapplicable, they shall be treated as separable from these GCU and be deleted. The remaining GCU shall remain unchanged and fully applicable, conserving all their effects and continuing to be obligatory and enforceable.
In the event that one of the parties does not take advantage of any of the stipulations of these general conditions at a given time, this shall not be interpreted or considered as a renunciation of their rights under these general conditions, shall not in any way affect the validity of all or part of these general conditions and shall not affect the rights of the party concerned to act in consequence. Neither party shall be deemed to have renounced any right acquired under the terms of the contract in the absence of a signed written renunciation.
Any event that is unforeseeable, irresistible and external to the parties, such as (and not limited to) acts of war or terrorism, criminal acts, riots, natural or industrial catastrophes, explosions, legal requisitions and other provisions of a legislative or regulatory nature, causing restrictions on the exercising of Make.org’s activity, disturbances to the electronic communications networks independent of Make.org’s will, etc., shall be considered a case of force majeure. In the event of force majeure, Make.org may be obliged to suspend the Website and Services. The effects of these GCU shall in such case be suspended and could become applicable again on termination of the case of force majeure for the remaining duration of the contract. They could also remain cancelled.
If these general conditions should be translated into one or more languages, the language of interpretation shall be the French language in the event of contradiction or dispute over the signification of a term or provision between the French version and the version translated into a foreign language.
APPLICABLE LAW AND JURISDICTION
These GCU are governed by French law. In the event of dispute regarding the validity, interpretation and/or execution of these general conditions, the parties agree that the Paris courts shall have exclusive jurisdiction to make judgement, unless imperative rules of procedure dictate otherwise.
ENTRY INTO FORCE
These GCU came into force on 01/03/2022.