Terms and Conditions of the public-files website, as at 02/19/2021

  1. 1. Purpose
  2. The public-files.com website offers all natural and legal persons (hereafter referred to as ‘user(s)’ or ‘you’) access to its online file publishing services (hereafter referred to as ‘service(s)’).

    The present Terms and Conditions outline the rules and modalities that apply to the user when using this website and the services owned by and represented by the company Ichwa (hereafter referred to as ‘we’, ‘our’ or ‘us’).

    The Legal Notice also provides the user with information on the editor and host of this website.

  3. 2. Content of the services
  4. This website offers free and secure online file publishing services, accessible on the Internet.

    Each user can publish files online pending approval by our team.

    The size of each file is limited to 500 Mo. Each user can publish an unlimited number of files. Files are available for download either for a set period of time as determined by the user, or for an unlimited period of time, and all files can be downloaded an unlimited number of times.

    The publishing service is secure. Browsing of this website is exclusively provided by the secure HTTPS protocol.

  5. 3. Acceptance of these Terms and Conditions
  6. The use of this website and our services are subject to the user’s full acceptance of and compliance with the present Terms and Conditions.

    We may modify the present Terms and Conditions at any moment.

    Terms and Conditions, as in force, can be viewed on the website and printed at any moment.

  7. 4. Privacy – Information technology and freedoms
  8. The use of our website and provision of our services may require Ichwa and its partners to process the personal data of the user.

    Modalities for the processing of personal data are detailed in our Privacy Policy, which forms an integral part of the present Terms and Conditions.

  9. 5. User obligations
  10. Before submitting a document for online publishing via these services, the user must ensure that he/she/it has the right to do so. The user must either be the author of the document, or have obtained the copywrite owner’s permission to publish the document. The website cannot be held liable for any violations of this clause.

    The user undertakes to comply with French and International law when using these services. To that end, the user undertakes not to use our services to publish files that:

    • contain unlawful content or were generated by unlawful activities. In that respect, the user is prohibited from sharing files that vindicate crimes against humanity, incite racial hatred, contain pornography, incite violence, or violate human dignity,

    • violate the rights of third parties, such as the right to one’s own image, the right to privacy and intellectual property rights,

    • are contrary to public order or morality,

    • violate the provisions of Act No 78-17 of 6 January 1978 on Information Technology, Data Files and Civil Liberties and/or the directives of the CNIL (Commission Nationale de l’Informatique et des Libertés, which translates as the National Commission For Information Technology and Civil Liberties).

    This list is not exhaustive.

    In using these services, the user warrants that he/she/it is the author of the content that he/she/it publishes, or holds exploitation rights or a licence to publish such content, and that the content does not in any way infringe upon third party property rights.

    If the user violates this rule, the relevant publication may be flagged to appropriate authorities to whom we may communicate information about the user, the relevant publication, and the persons who may have accessed and downloaded the relevant file.

    We reserve the right to terminate, without prior notice and without any right to compensation, access to our services to any user that violates this rule. We also reserve the right, at any moment and without notice, to reject a publication or suspend the download of files deemed contrary, or whose use is deemed contrary, to the present Terms and Conditions or to French and International law.

  11. 6. User responsibilities
  12. We cannot be held liable for any publications uploaded by users of our website and services.

    We cannot be held liable for any publications shared with third parties by users of our website and services.

    The user is solely responsible for any data sent to the servers of public-files.com

    The user is liable for damages and wrong-doings of all types – material or immaterial, direct or indirect – caused to third parties and to Ichwa through unlawful use or exploitation of these services.

    The user undertakes to respond to any information requests from Ichwa.

  13. 7. Access restrictions and suspension of our services
  14. If a user violates the present Terms and Conditions, we reserve the right to block his/her/its access to our services, at any moment and with immediate effect, without prejudice to any legal action that Ichwa may pursue, and to any damages that the user may be obliged to pay.

  15. 8. Limitation of responsibility
  16. We do not offer any guarantees in relation to the use of our website and services. Our services can be used for personal or professional means. However, Ichwa is not liable for any consequences arising from the use of files published using our services.

    We do not in any way guarantee that our services and website will satisfy the needs and expectations of the user. We cannot be held liable for any direct or indirect damages – namely any commercial, moral or financial prejudice – resulting from the use of, or the inability to use, our website and/or services.

    Ichwa cannot be held liable in any way for the modification, suspension or interruption of our website and/or services – noting that this list is not exhaustive.

    We may need to temporarily suspend access to our website and/or services to conduct maintenance work. We are not required to notify the user and provide advance warning of such interruptions. Ichwa will not be liable for any such interruptions, which shall not give rise to any compensation.

    We pay special attention to security and have therefore put in place specific security procedures and tools, such as the HTTPS protocol. We will not be held liable if, despite these security precautions, files and user data are intercepted, copied, modified, damaged or destroyed.

    The user is solely responsible for the files that he/she/it publishes and shares with third parties via our website, regardless of whether the files are shared privately or made public. As a result, Ichwa cannot be held liable for any content shared by users via its website.

  17. 9. Guarantees
  18. You undertake to indemnify Ichwa against any legal action initiated by a third party, arising from the breach of these Terms and Conditions through your use of Ichwa’s services, or through the use of your username or password. This guarantee covers any amount of money that Ichwa may owe to a third party, whatever the reason, including lawyer’s fees and legal expenses.

    The are no warranties associated with our services. Ichwa makes no warranties, express or implied, regarding the use of its services by the user, namely with regards to its website, services and content being available, suitable, current, reliable and useful.

  19. 10. Intellectual property rights
  20. Ichwa is the sole proprietor of the graphics, images and texts on this website. Copying this content, in part or in full, outside of the normal use of this website, is subject to prior written authorisation from Ichwa. Legal action may be pursued if prior consent is not provided. Notwithstanding the above, the user may save or print the present Terms and Conditions.

    If a user has a personal website and wishes, for personal use, to link the homepage of this website to his/her/its own website, the user must first seek authorisation from Ichwa. Any such authorisation provided cannot be construed as constituting an implicit affiliation agreement. However, any method of deep linking used to create a hyperlink to our website – e.g. framing, deep linking, in-line linking, etc. – is formally prohibited. In any case, any link to our website must be removed if Ichwa requests so, even if tacit authorisation was provided.

  21. 11. Applicable law
  22. The present Terms and Conditions are entirely governed by French law.

    Any dispute relating to the validity, interpretation, implementation, termination or consequences of the present Terms and Conditions must be resolved amicably. If an amicable solution cannot be reached, the dispute shall be brought before the Commercial Court of Bordeaux.

  23. 12. Severability
  24. The invalidity or inapplicability of one or more clauses of the present Terms and Conditions will not nullify the remaining clauses.