Last updated: 10 January 2024
Africa Vox 54 ("AFX 54") is a platform for broadcasting, exchanging and sharing texts, podcasts and videos (the "Platform"). These Terms of Use ("ToU") govern the use of the Platform and the services contained therein ("Services"). Before using the Services, the user is invited to carefully read these ToU, which describe the user's rights and obligations.
Access to the Platform, beyond the home page, and any use of the Services automatically entail acceptance, without restriction or reservation, of the terms of these ToU. If the user does not wish to be bound by these ToU, the user will not be permitted to use the Platform and the Services.
AFX54 may modify the ToU at any time by publishing a new version on the Platform. Users will be notified of the publication of the new version by electronic means at least 15 days before it takes effect. The applicable ToU are those available on the day of the user's current connection to the Platform. In the event that the user does not accept these changes, the user is free to close his/her account and unsubscribe. If the user does not unsubscribe, the new general terms and conditions of use will apply at the earliest one month after receipt of notification of the change to the ToU.
The Platform and the Services are published by AFX 54, a société par actions simplifiée (simplified joint stock company), with share capital of one thousand euros, registered with the Registre du commerce et des sociétés de Paris (Trade and Companies Register of Paris), France under number B 978 558 674, of which registered office is located at 12, rue de Lincoln, 75008 Paris, France (intra-community VAT number: FR37978558674) and of which telephone number and e-mail address are +33 06 01 50 72 22 and contact@afx54.com.
The Solution is hosted by Google Cloud, of which registered office is Google Cloud France SARL, 8 rue de Londres, 75009 Paris, France.
The Platform is a digital window of which content is "Made in Africa" and where artists, sportsmen and women, influencers, writers, economists and comedians, whether well-known or not, can publish their content ("User Content") in their own time. The Platform and Services are available on computers, tablets and mobile phones.
The Platform provides free access to its content and, in certain circumstances, paid access.
The Freemium Access allows up to 5 free readings on the entire Platform. Beyond that, users will be invited to subscribe by choosing either a Basic Subscription or a Premium Subscription.
The Basic Subscription provides free access to a limited number of Platform Services.
The Premium Subscription allows access to all the Platform Services without audio or audiovisual advertising interruptions.
To use the Platform and the Services and to create an account, users must be at least 18 years old. Any user under the age of 18 must obtain the prior consent of a person exercising parental authority over them. It will be the responsibility of this person exercising parental authority to accept these ToU on behalf of the user under the age of 18.
To use the Platform and its Services, each user must create a user account. Access to the user account is subject to acceptance of and compliance with the ToU.
When creating an account, the user undertakes to provide accurate information and to make the necessary changes if a change in his/her situation renders the information inaccurate.
AFX54 has no power to control the veracity of the information transmitted by users for the creation of the users account. Consequently, AFX54 cannot be held liable for erroneous declarations, false declarations or usurpation of identity made by users or third parties.
The user account can be accessed from any computer, tablet, mobile phone or any other connected device, by means of identifiers.
AFX54 does not have access to passwords chosen by users and cannot communicate them directly to the users.
The user is responsible for the security of the individual workstations used to access the Services. The user is responsible for restricting access to their computer, tablet, mobile phone or connected device and for all activities carried out from their user account or with his/her Identifiers.
IDs can only be changed at the initiative of a user or at the invitation of AFX54.
If the user discovers or has a reason to believe that their password is known to someone else, or that it is being used or is likely to be used in an unauthorized manner, the user must inform AFX54 immediately by sending an e-mail to contact@afx54.com.
The Platform may be integrated with or interact with third-party applications, websites and services ("Third-Party Platforms") and computing and/or connected devices such as computers, mobile phones, tablets, third-party speakers, etc. ("Third-Party Devices"). The use of these Third-Party Platforms and Third-Party Devices by users may be subject to contractual documents binding the user and the third party concerned. AFX54 does not guarantee the compatibility of the Platform with Third-Party Platforms and Third-Party Devices.
AFX54, in its capacity as data controller, undertakes to protect users' personal data in accordance with applicable data protection law. Users are invited to read the Privacy Policy describing the use made of their personal data.
Users are prohibited from posting, uploading, distributing or otherwise making available to third parties on the Platform any unlawful content, including, without limitation, any content:
Infringing the intellectual property rights of third parties;
Containing malicious computer programs (such as viruses, worms or any other dangerous codes);
Pornographic, obscene, pedophilic or otherwise contrary to public decency or the safety of vulnerable persons;
Encouraging or glorifying crime, violence, terrorism, suicide or hatred;
Defamatory, hateful, racist, xenophobic, revisionist, hostile towards an ethnic, religious or social group or otherwise contrary to public order;
Intentionally denying, approving or justifying acts constituting genocide or crimes against humanity;
Offering the services of psychics, geomancers, mediums, witchdoctors, marabouts or similar persons;
That offends human dignity ;
Spreading, in bad faith, false rumors and information;
Involving threats of destruction, damage or deterioration of property or personal injury;
Invading the privacy or dignity of third parties;
Invading the privacy or dignity of third parties;
Invading the privacy or dignity of third parties;
Promoting or encouraging any criminal activity or enterprise;
Soliciting and/or communicating passwords and/or personal information for commercial or illegal purposes;
Soliciting or inviting participation in or the organization of gambling, games of chance, illegal lotteries, lottery advertising or illegal betting;
The user undertakes not to resort to the automatic use of computer systems such as scripts with a view to adding members to his/her profile and/or sending messages.
The user agrees not to use any software, device, script, robot or any other means or process (including, without limitation, spiders, browser plug-ins and add-ons, or any other technology) to perform web/data scraping, data mining of the Platform or the Services or to copy profiles and other data from the Platform and the Services.
Any artificial use of the Platform (such use being intended, for example, to abnormally or artificially increase the number of views or listens to certain User Content), via automated processes, such as robots or scripts, or by any other means, is strictly prohibited.
Any hyperlink referring to the Platform and using the "framing" technique (a programming technique offering the possibility of dividing a web browser window into several autonomous frames with the aim of displaying the content of an external site) or "in-line linking" (a process whereby a single element extracted from another site appears on a web page, this saves storage space on the hard disk of the machine where the site is hosted and has the effect of concealing from an unsuspecting user the original environment to which this element belongs) is formally prohibited.
AFX54 may only be held liable due to a fault on its part that has been definitively established by the competent courts and has become final and binding.
AFX54 may not, under any circumstances, be held liable for any indirect damage suffered by users as a result of using the Platform or the Services.
Furthermore, AFX54 may not be held liable in the event of negligence on the part of the user and/or for acts by the user that do not comply with applicable laws and/or the ToU.
Finally, AFX54 cannot be held liable for the poor performance of the services of a supplier of a third-party application or a partner falling within the scope of their own general terms and conditions accepted by the user.
AFX54 cannot be held liable for User Content published on the Platform.
AFX54 may not be held liable for any fraudulent use of the content of the Platform or Services that may take place without its knowledge or in breach of these ToU, and in particular for any illegal downloading of User Content.
Subject to subscribing to a subscription without audio or audiovisual advertising interruptions, AFX54 reserves the right to insert or authorize any third party to insert advertising or promotional messages on all the pages of its Platform without it being held liable for the content of said advertising messages.
AFX54 cannot be held liable for any disputes that may arise between users.
AFX54 is a service provider. As such, AFX54 may not be held liable due to the quality of the Internet or telephone network, access thereto or any interruption of the Service specific to the Internet or telephone network.
AFX54 may not be held liable for broken hyperlinks on the Platform to third party websites, nor for their content, in particular advertising, products, services and/or any other material available on and from said third party sites.
The user guarantees AFX54 against any action by a third party resulting from the user's failure to comply with its legal or contractual obligations, in particular the terms of these ToU. The user will compensate AFX54 in the event of direct damages (including court costs and legal fees) suffered as a result of said breaches.
Users may terminate their agreement to these ToU at any time by closing their user account.
In the event of serious non-compliance with the ToU by the user, AFX54 may delete or suspend the user account, at any time, as of right, without notice or compensation and without any formality, in particular :
If AFX54 has reasonable grounds to believe that a person identified as a user does not meet the conditions referred to in the ToU or does not exist;
If AFX54 has reasonable grounds to believe that the user is accessing or using the Platform in violation of the law, or under technical conditions likely to damage or block the Platform;
In the event of infringement of the intellectual property rights of AFX54 and/or third parties;
In the event of circumvention or attempted circumvention of the technical protection measures put in place by AFX54 ;
In the event of multiple simultaneous connections to the same account of a paid Service or attempted multiple simultaneous connections; and
If false information is provided when the user account is created.
Intellectual property of AFX54
The general structure of the Platform, the Services and/or all other elements composing them, such as the graphic charter, texts not supplied by users, visual elements, photographs, logos ("Publisher Content") are the exclusive property of AFX54 or have been the subject of prior authorisation for use by AFX54.
All trademarks, trade names, logos, domain names and other intellectual property rights, excluding User Content, are the exclusive property of AFX54, or have been the subject of prior authorization for use by AFX54.
The user may not use the property of AFX54 without the prior written authorization of AFX54.
Licence for the benefit of the user
Users are granted a licence to use the Platform and the Services solely for the purposes of their access to the Services, to the exclusion of any other purpose.
This user licence is personal, non-exclusive, non-assignable and non-transferable, for the duration of the user's subscription to the Services and for the whole world.
The user may under no circumstances make the Services available to third parties, and any other use is strictly prohibited, in particular any adaptation, reproduction, correction, modification, arrangement, distribution, translation into any language, decompilation of the Platform, the content, the Services, the website or the application, without this list being limitative.
Any infringement of this article constitutes an act of intellectual property right infringement punishable under civil and criminal law.
Any distribution, exploitation, representation, reproduction or use on any medium of any element making up the content of the Services, including the ToU, other than as authorized by AFX54, is strictly prohibited.
Intellectual property of User Content
The user retains any intellectual property rights that it holds (including any licence granted by a third party) over the content that the user publishes on the Platform. For the purposes of publication by AFX54 on the Platform, the user grants AFX54 a limited licence over the said content. Thus, the user grants AFX54 a non-exclusive, transferable, sub-licensable, royalty-free, fully paid, irrevocable, worldwide license to reproduce, make available, perform and display, translate, modify, create derivative works from, distribute and otherwise use such content through any medium, by any means and in any manner now known or later developed, in connection with the Service.
If the user provides ideas, suggestions or other feedback regarding the use of the Platform, the Service or any Content, such feedback is not confidential and may be used by AFX54 without restriction or payment.
n the event that one of the provisions of these ToU is declared invalid or unenforceable for any reason whatsoever, the other provisions will remain applicable without change, except in cases where the contract could not survive without it.
AFX54 may assign all or part of these ToU, and may assign or delegate, in whole or in part, any of its rights or obligations under these ToU. These ToU are non-transferable and may not be sub-licensed by the user.
These ToU are subject to French law. Any claim relating to the application of these ToU must be addressed to AFX54's customer service by e-mail to the following address: contact@afx54.com so that it can be processed as quickly as possible.
If the complaint submitted under the conditions described above fails, the parties will seek an amicable solution before taking any legal action. If these attempts fail within 45 days of the date of the initial written complaint, or in the event of a complaint on the part of AFX54, any dispute relating to these ToU must be brought before the Paris Courts.