Edita SAGeneral Terms and Conditions
These General Terms and Conditions govern the relationship between you as a user and Edita SA (hereinafter collectively also “we”) as a provider of product and service offerings made available by us, particularly with regard to our print and online offerings as well as mobile applications (hereafter “products” and, with regard to online offerings on websites and mobile applications, also “digital offerings”).
By using our products, you accept these General Terms and Conditions as an integral part of every contractual relationship with us and agree to the following provisions and legal information in relation to our products and any third-party services and products offered by us in this context.
Copyrights and other intellectual property rights
Please also read our Privacy Statement, which provides information about how we handle information that you provide to us about you. If you do not agree to the terms set out below, please do not access our digital offerings.
The software programs utilised to operate our digital offerings are protected by copyright, and you may not use them in breach of the following provisions. In particular, you are prohibited from copying, recreating, modifying or otherwise editing the software programs.
Use of Products
All products are for personal, non-commercial use only. You may call up and display our digital offerings on a computer screen or mobile end device, print (but not photocopy) individual pages on paper and save such individual pages electronically on your computer or mobile end device for your personal, non-commercial use. Likewise, you may only use our digital offerings on devices intended for this purpose for your personal, non-commercial use. In particular, any form of automated retrieval of products and their distribution through other systems is only permitted with our express consent. We reserve the right to revoke this consent at any time.
Our digital offerings are generally available 24 hours a day and are subject to ongoing changes and adjustments. We also reserve the right to restrict access temporarily or permanently for technical or other reasons.
Registration as a user and your duties of care
Certain areas of our digital offerings are only accessible to registered users. In addition to these Terms and Conditions, the registration and creation of a User Account is governed by the General Terms and Conditions and the Privacy Policy of OneLog. In the event of a conflict between the present Terms and Conditions and OneLog's General Terms and Conditions, the present Terms and Conditions shall prevail.
If you register as a user and provide your name and/or email address, you must protect your access credentials (including your password) from unauthorised access by third parties and must treat them as confidential. You must notify us immediately upon becoming aware of any loss, theft or use of your login details (password, username, email address, etc.) in breach of the contract. We reserve the right to control and store your activities on our digital offerings, including your access, for the purpose of verifying compliance with these Terms and Conditions.
Every registration and every purchased subscription is for your personal use only. You are not permitted to make your login details available to other persons or to share their use with other persons. The same applies to any transfer of your subscription. Unless expressly specified otherwise in the scope of a fee-based product, any form of network or other multiple use of login details is prohibited. In the event of any breach, we reserve the right to block your access at any time without any further obligations on our part and to delete your user account.
Content created by you on our digital offerings
Our Digital Offerings may provide interactive features (forums, blogs, etc.) that allow you to share them with us and other users about the Products (texts, photos, etc.) and to make comments or other communications (hereinafter “posts”). Your posts will not be (systematically) checked by us for their content. However, we expressly reserve the right, in our sole and absolute discretion, to delete, move or modify posts and to block your access to interactive features.
You are responsible for the content of your posts and shall comply with the applicable rules for the use of the interactive features. In particular, communications, links or other publications are not permitted, and you must refrain from making any which:
are obscene, racist, homophobic or sexist or contain any other form of hate speech
infringe third-party copyrights
are slanderous, defamatory or otherwise unlawful or unethical and may result in a court dispute or an infringement of court-ordered injunctions
are insulting or contain threats or otherwise constitute a personal attack on our employees
are not related to the products with which the interactive feature in question is related
include any kind of advertising (including spam) for goods or services
contain recommendations to buy or boycott
to repeat posts already made in the context of the interactive features
induce false conclusions as to the composer, author or sender of a communication or otherwise falsely or misleadingly create the appearance of an association with any person, organisation or company (including, for example, us and our employees)
contain software viruses or files, software or devices capable of interfering with, interrupting or destroying the functionality of our digital offerings
collect and store personal data
and/or block or restrict other users' access to our digital offerings.
You are obliged to indemnify and hold us fully harmless against any third party claims brought against us as a result of your posts (including any attorney’s fees and court costs) and shall be solely responsible for any legal consequences of your posts. In addition, we reserve all rights in the event of misconduct.
By using an interactive feature, you grant us a perpetual and worldwide, irrevocable and royalty-free, non-exclusive right to store, reproduce, modify, translate, make available, forward all or any part of your posts, and to grant such rights to third parties.
Posts made by our users are not considered as products but solely as statements by our users. We shall not be liable for any posts made by our users. We are not in a position to verify the legality or compatibility of all posts with these General Terms and Conditions. If any post infringes your rights, please inform us immediately via the contact form.
News scout / community posts
Publishing photos, videos, audio documents and references by users on an online or app edition of L'essentiel is generally free of charge.
By submitting news scout / community posts, you transfer to L'essentiel (Edita SA) all rights to the photos, videos and audio documents, but you may also continue to use them yourself or allow third parties to use them.
By submitting news scout / community posts, you declare that you hold the rights to the image, video or audio document and that you have ensured that all recognisable persons depicted consent to the publication.
You agree to respect the privacy of others when making recordings and not to obstruct the work of police or rescue services. It is important to L'essentiel that users who have witnessed an accident first render aid and notify the rescue services. We do not publish pictures of suicide victims or dead bodies.
Data Protection
Your data is protected strictly in accordance with the data protection laws and regulations applicable in Luxembourg and in the EU.
We use the data provided to us by you and the data collected by us for our digital offerings in accordance with our Privacy Statement, which forms an integral part of these General Terms and Conditions.
If you register as a user of one of our digital products and create a user account, the Privacy Policy of OneLog will also apply.
Liability
Although we strive to ensure high quality, due care and the availability of our digital offerings, we cannot rule out temporary restrictions or downtimes (breakdowns, troubleshooting, maintenance work, etc.). Your access to and use of the products is at your own risk. Therefore, any warranty regarding our products and other software made available by us is expressly waived.
Furthermore, our liability for services provided by third parties is excluded. This also applies to links to content and offerings of third parties, for which we accept no responsibility or liability as regards their lawfulness, accuracy, completeness or availability. Moreover, we are not liable for damages caused by computer viruses or other harmful computer programs, such as malware or spyware.
Our liability (including for our affiliates, employees, representatives and vicarious agents) shall in any event be limited to intentional or grossly negligent breaches of contractual and non-contractual duties for which we are responsible and which have been proven to us. To the extent permitted by law, our liability is limited in each case to the amount invoiced to you for the purchase of the corresponding fee-based products. Our liability for consequential damages and lost profits is excluded.
Additional Provisions
Any failure on our part to exercise our rights under these General Terms and Conditions shall not be construed as a waiver of our rights and claims in this regard. If any individual provisions of these General Terms and Conditions are declared invalid or unenforceable, this shall not preclude the validity of the remaining provisions. The invalid provision shall be replaced by a new provision whose economic and legal effect corresponds to the invalid provision.
We reserve the right to amend the terms of these Terms and Conditions at any time and in our sole discretion. We will promptly publish any such changes on our digital offerings. It is your responsibility to regularly check the currently applicable provisions of the General Terms and Conditions and our Privacy Policy.
Applicable Law and Place of Jurisdiction
These General Terms and Conditions and all related actions shall be governed exclusively by the substantive laws of Luxembourg, excluding the conflict-of-laws provisions of Luxembourg and your place of residence.
Subject to any mandatory statutory provisions to the contrary, the courts of Luxembourg shall have exclusive jurisdiction over all disputes arising in connection with these General Terms and Conditions and our Privacy Statement.
Last updated: July 6, 2022
Copyright © Edita SA – all rights reserved. Any further processing, republication or long-term storage without our prior express authorisation is not permitted.