The company Ethno Travels (hereafter “Ethno Travels” or the “Publisher” or “monwestie.fr”), auto-enterprise, registered in the “Répertoire des Entreprises et des Etablissements” (SIRENE) under the number 850 645 441, whose registered office is located at 402 route de Saint Barthélémy – 40390 BIAUDOS FRANCE, is the Publisher of the site which is accessible at the following URL address: www.monwestie.fr (hereafter the “Site”).
The purpose of these general terms and conditions of use (hereinafter referred to as the “TCU”) is to set out the terms and conditions of use of the services (hereinafter referred to as the “Services”) offered on the Site.
Any person having access to the Site, regardless of his or her status (private or professional), the place where he or she is located, the methods of connection, the object and purpose of his or her access, is a user (hereinafter the “User”).
Director of Publication.
Stéphanie Langlet, auto entrepreneure.
Phone number : +336 26 03 43 11.
Can also be reached via the contact form.
Development and integration.
Hosting and distribution.
OVH 2 Rue Kellermann, 59100 Roubaix France.
General terms and conditions of use.
Article 1 – Acceptance of the general conditions of use.
The User is presumed to know and accept, without reservation, all of the TCU by the sole fact of his or her connection to the Site, or use of the Services, regardless of the digital reception terminals used.
The TCU apply concomitantly to the Special Conditions that will be notified to Users when they register for certain Services (e.g., general terms and conditions of sale, rules of contests, etc.), to the privacy and cookie management policy, and to any declination or extension of the Site on existing or future social and/or community networks.
The User is invited not to connect to the Site, nor to use the Services if he does not accept all or part of the documents referred to above.
The User is informed that free and unrestricted access to the contents and Services of the Site is financed in part by the revenues related to the advertising broadcast on these spaces, which he accepts.
The Publisher may modify the terms of the TCU at any time. The User is expressly informed that the version in application is that which is put online at the URL https://monwestie.fr/en/disclaimer/ on the date of his access to any of the Services, which the User acknowledges and accepts without restriction, undertaking to refer to it systematically at the time of each connection.
Article 2 – Access to services and suspension.
3.1 Site Availability.
The Publisher undertakes to make its best efforts to ensure that access and operation of the Site and the Applications are provided 24 hours a day (24H/24) and 7 days a week (7D/7) without interruption.
However, the Publisher cannot be held liable in the event of temporary unavailability of the Site and the Services in the event of maintenance of the Site, or the servers on which they are hosted, in the event of the occurrence of events beyond its will and control, or due to force majeure. The Editor will inform the User of the unavailability in advance if the event causing the unavailability is foreseeable.
3.2 Suspension of access.
The Publisher reserves the right to suspend access to the Services in case of use that does not comply with the provisions hereof, or in case of maintenance operations. The responsibility of the Editor cannot be engaged because of these interruptions and the consequences which can result from it for the User.
Article 3 – User Engagement.
The User is informed that all laws and regulations in force are applicable on the Internet.
4.1 General user behavior.
Any User undertakes both with regard to the Publisher and other registered Users and generally with regard to any third party, to:
- Provide accurate, up-to-date, true, complete data;
- Do not provide erroneous, obsolete data;
- Not to usurp, in whole or in part, the identity, title or quality of a third party;
- Respect the access management and in particular do not hide his true identity by logging in under the personal settings of another User;
- Notify the Editor of any logical and technical malfunctions it may find and any anomalies it may discover.
In case of non-compliance with the principles set forth above, the Editor reserves the right to suspend or deny access, without notice or compensation, temporarily or permanently, to all or part of the Services.
Any User who uses the various Services, including in particular the publication of personal data concerning him or her, acknowledges that he or she does so under his or her full and exclusive responsibility, including responsibility for the dissemination and reproduction of information, and for the consequences arising therefrom vis-à-vis other Users and/or interested third parties.
4.2 Obligations with respect to Comments published by the User.
The Site and the information published on it are reserved:
i. To the consultation of the information by means of the automated data processing system of the Publisher;
ii. For uses strictly reserved for the private and non-commercial use of the User and not intended for collective use, whether free of charge or for a fee.
The User declares and acknowledges that all information, data, texts, software, music, sounds, photographs, images, videos, messages or any other content that he or she transmits are under his or her full and sole responsibility.
The User undertakes both with respect to the Publisher, other Users and in general any third party, to comply unconditionally with all applicable legislation, and more particularly:
- The intellectual property law applicable to multimedia creations, software, texts, databases, articles, photos, videos, trademarks, databases, images of any kind;
- The right to the image of the models appearing on photographs;
- The right of photographers and agencies on these photographs;
- The Data Protection Act (Loi Informatique, Fichiers et Libertés) concerning the protection of persons with regard to the processing of personal data;
- The law of the press;
- The legal protection against computer fraud.
Consequently, every User is forbidden to the Editor, to other registered Users and in a general way to any third party:
- To disseminate defamatory, abusive, harassing or threatening comments to anyone, or in violation of the rights of others;
- To make the apology of crimes against humanity, to incite to racial hatred or pedophilia;
- To create a false identity or usurp the identity of a third party;
- To transmit viruses, Trojan horses, logic bombs or any other harmful or destructive program;
- Interfere with the Services associated with the Public Account;
- To use all or part of the content of pre-existing works without the authorization of the holders of the rights to these works;
- To reproduce and/or use the brand, the corporate name, the logo or any distinctive sign and in a general way any data of some nature that it is, editorial, graphic or other of the Editor, another User or a third;
- To proceed or even to attempt an intrusion within the Site and/or the Applications or the information system of administration of the Site and/or the Applications or to modify, totally or partially the elements which are contained there.
The User agrees to indemnify the Editor for any damages directly or indirectly related to the breach of these guarantees.
Any User who acts in violation of the TOS may be subject to civil and/or criminal prosecution.
4.3 Duty of care – Means implemented to fight against illicit activities
All Users acknowledge that they have been informed that a posteriori moderation of their Comments is implemented to control, delete or modify the content published by Users that would appear to be contrary to the laws and regulations in force, or that would have been reported as such by the judicial authority.
All Users acknowledge that they have been informed that an alert system is available at all times to any person who wishes to report the publication on the Services of any message of a litigious nature of which they are aware, in particular those that fall within the scope of the offences provided for in article 24 paragraphs 5 and 8 of the law on the press and article 227-23 of the Penal Code, such as the defence of crimes against humanity incitement to racial hatred, child pornography, and this in accordance with the provisions of Article 6-I-7 paragraphs 3 and 4 of the Law for Confidence in the Digital Economy of 21 June 2004.
To exercise this right, the User must click on the “report abuse” link provided for this purpose, taking care to identify the disputed message and to explain how it is contrary to the laws and regulations in force, and then by providing, for natural persons, their surname, first name, address and telephone number, and for legal entities, their name, company name, address, telephone number and the identity of their legal representative.
It is understood that the abuse of this option is likely to engage the responsibility of the person who exercises it. In particular, the following may give rise to legal proceedings
- The fact of reporting a message or an activity as being illicit with the sole aim of obtaining its withdrawal or stopping its distribution, while knowing that this information is inaccurate;
- The denunciation, carried out by any means of communication including by electronic means and directed against a specific person, of a fact which is likely to lead to legal sanctions, and which is known to be totally or partially inaccurate.
Article 4 – Responsibility of the Editor.
Ethno Travels, Editor of the Website, is the host of the Comments posted by the Internet users on the Website.
In accordance with the provisions of the law on Confidence in the Digital Economy of June 21, 2004, the responsibility of the Editor concerning the proposed Services is that of a host of contents, these Services, allowing the Users to post comments for each article published by the editorial staff of Public (here above and hereafter designated by the “Comments”). The Comments are not part of the editorial activity of the Publisher, who merely makes this Service available to Users and stores the content on its own Site and Applications.
Thus, the Comments published cannot be considered as reflecting the opinions of the Editor and the Editor cannot be held responsible for the Comments posted by the Users if he did not actually have knowledge of the Comment before it was posted online or if, as soon as he had knowledge of it, he acted promptly to remove this message.
Whatever means of control the Editor implements, it is understood that due to the volume of information published, the Editor is not subject to a general obligation to monitor the information it stores, nor to a general obligation to search for facts or circumstances revealing illicit activities, nor to an obligation to guarantee the accuracy, probity or honesty of the information published by the Users.
The Editor reserves the right to insert or authorize any third party to insert advertising, promotional and/or sponsorship messages in any space of the Services, however without any intervention on the Comments. Thus, the video spaces integrated in the video player are managed by the Publisher. These spaces are independent and can in no way call into question the qualification of technical intermediary of the Editor and the resulting liability regime.
Article 5 – Limitation of liability.
The information contained on this site is as accurate as possible and the site is periodically updated, but may contain inaccuracies, omissions or gaps. If you notice a gap, error or what seems to be a malfunction, please report it via the contact form by describing the problem as precisely as possible (page causing the problem, triggering action, type of computer and browser used …).
Any content downloaded is done at the risk of the user and under his sole responsibility. Consequently, monwestie.fr cannot be held responsible for any damage to the user’s computer or any loss of data resulting from the download.
The photos are not contractual.
The hypertext links set up within the framework of the present website in direction of other resources present on the Internet network could not engage the responsibility of monwestie.fr
Ethno Travels undertakes that the collection and processing of your data, made from the site monwestie.fr, are in accordance with the General Regulation on Data Protection (RGPD) and the Data Protection Act.
Article 7 – Declaration to the CNIL.
In accordance with the law 78-17 of January 6, 1978 (modified by the law 2004-801 of August 6, 2004 relating to the protection of individuals with regard to the processing of personal data) relating to data processing, files and freedoms, the site has been declared to the National Commission for Data Processing and Freedoms (www.cnil.fr).
Article 8 – Right of access.
In application of this law, Internet users have the right to access, rectify, modify and delete data concerning them personally. This right can be exercised electronically via the contact form.
The personal information collected is in no case entrusted to third parties except for the possible good execution of the service ordered by the Internet user.
Article 9 – Intellectual Property.
Content of the site.
All the contents of this site, including, but not limited to, graphics, images, texts, videos, animations, sounds, logos, gifs and icons as well as their formatting are the exclusive property of Ethno Travels with the exception of trademarks, logos or contents belonging to other partner companies or authors.
Any reproduction, distribution, modification, adaptation, retransmission or publication, even partial, of these different elements is strictly forbidden without the express written consent of Ethno Travels. This representation or reproduction, by any process whatsoever, constitutes an infringement punishable by articles L.3335-2 and following of the Code of intellectual property. The non-observance of this prohibition constitutes an infringement which can engage the civil and penal liability of the counterfeiter. Moreover, the owners of the copied Contents could bring a legal action against you.
Ethno Travels is identically owner of the “rights of the producers of databases” referred to in Book III, Title IV, of the Code of the Intellectual Property (law n° 98-536 of July 1st, 1998) relative to the copyrights and to the databases.
Users of and visitors to the website may set up a hyperlink to this site, accessible at the following URL: www.monwestie.fr, provided that this link opens in a new window. In particular, the opening of this site within a frame (“framing”), except the express and preliminary authorization of Ethno Travels, is forbidden.
For any request of authorization or information, please contact us via the contact form. Specific conditions are provided for the press.
In addition, the layout of this site has required the use of external sources to which we have acquired the rights. Some illustrations have been acquired from Deposit Photos.
The User represents and warrants:
- Be the owner or holder of the necessary rights and/or authorizations relating to copyright, personality rights or other intellectual and/or industrial property rights that may be attached to his or her Comment;
- To benefit from the prior written authorization of each physical person identifiable in his or her Comment to use their name and/or their image and/or their voice for the purposes of their broadcast on the Services.
In consideration of the use of the Services, the User transfers to the Editor, free of charge, his rights on his Comments for the following uses:
- Reproduction, in whole or in part, of its Comments, their integration and communication on the Site and Applications, whether or not accompanied by other Content, as well as their communication to the public through any known or unknown communication medium;
- Adaptation for the purposes of the rights referred to above.
The brand ” Ethno Travels ” and the associated logo(s) is a protected brand in France and abroad. Unless expressly authorized in advance, any use of this brand as well as any other brand, figurative or not, belonging to the Publisher exposes the User to criminal and/or civil proceedings.
Article 10 – Cookies.
Article 11 – Advertising and Partnerships.
The User is informed that the Editor is partly financed by the incomes of the publicity present on the Site. The advertising is presented in several forms such as in particular banners or advertising vignettes or advertising inserts inserted on the various pages of the Site; links; certain files contained on the Site are sponsored by an advertiser, in which case the mention “sponsored by [.]” is visible on the file. This means that the advertiser has the exclusive right to advertise on this file for the duration of the advertising campaign. Advertorials” are, by definition, content proposed in conjunction with the advertiser. Apart from these “advertorials”, the writing of the content remains independent and free of any influence.
The Editor sets up partnerships in order to enrich the contents and the Services proposed by the Site. These offers of the partners are proposed by the latter in any independence and under their only responsibility. Consequently, the Editor cannot be held responsible for any cause and on any basis whatsoever in relation to the offers thus consulted as well as to the transactions which could result from it, the partners being only engaged in a contractual relation with the Users of the Site.
The content of the partners’ sites remains their intellectual property. Any reproduction, republication or redistribution by any means whatsoever is totally prohibited by law without written permission from the partners concerned.
The GCU do not apply to the contents and offers of the partners, it is thus recommended to the Users to take note of the general conditions of use and the general conditions of sale of the partners’ sites.
11.4 : Amazon.
As an Amazon Partner, Ethno Travels makes a profit on qualifying purchases.
Article 12 – Hypertext links.
Any public or private site is authorized to establish, without prior authorization, a link to the information published by monwestie.fr. On the other hand, the pages of the site must not be nested within the pages of another site.
The authorization of installation of a link is valid for any support, with the exception of those diffusing information with polemic, pornographic, xenophobe character or being able, in a larger measure to attack the sensitivity of the greatest number.
Moreover, the Editor may propose links to other websites or other sources of information managed by third parties. The Editor being unable to control the contents of these sites, the existence of such links does not engage the responsibility of the Editor as for the contents, advertisements, products or services available on these external sites, which the User recognizes and accepts. More particularly, the responsibility of the Editor for direct or indirect damages such as loss of customers, legal action, commercial disturbance, loss of brand image, loss of profit, cannot be sought neither for the quality and/or the specifications of the products and services sold by commercial partners, nor for the payment operations carried out on these sites.
Article 13 – Terms of service.
This site is proposed in HTML5 and CSS3 languages, for a better comfort of use and a more pleasant graphics, we recommend you to use modern browsers like Safari, Firefox, Chrome…
Article 14 – Search.
In addition, the reference on a website to complete a searched information does not mean in any way that Ethno Travels recognizes or accepts any responsibility as for the content or the use of the said website.
Article 15 – Precautions for use.
It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, trojans and other items of a destructive nature.
Article 16 – Litigation.
The present conditions are governed by the French laws and any dispute or litigation which could arise from the interpretation or the execution of these will be of the exclusive competence of the courts on which depends the head office of Ethno Travels. The language of reference, for the settlement of any dispute, is French.
monwestie.fr at your disposal for any comments or suggestions. You can write us via the contact form.