Terms of use

Last update: 01/02/2024

1. Scope of these terms of use

These Terms also apply to the use of any AFP content published on any third-party website (linking back to this Platform) as part of fact-checking projects, such as (without limitation) the European Digital Media Observatory (EDMO) and any national or regional hub that is part of the EDMO initiative, the European Newsroom (ENR), and all other EU projects in which AFP content is published on third-party websites. To avoid any doubt, such AFP content shall be included in the “Content” as defined in section 2 of these Terms.

Please read these Terms and our Privacy Policy before using the Platform. By using the Platform and viewing and/or using any Content (as defined in section 2 of these Terms), you agree to be bound by these Terms.

We reserve the right to modify or to update these Terms and our Privacy Policy at any time and at our sole discretion. Please review these Terms and our Privacy Policy on a regular basis as any modification thereto becomes effective upon publication on the Platform.

For the purposes of these Terms and our Privacy Policy, unless the context indicates otherwise:

“you”, “your”, “they”, “their”, “viewer(s)”, shall refer to any person accessing the Platform;
“AFP”, “we”, “our”, “us” shall refer to Agence France-Presse and, when applicable, Agence France-Presse’s subsidiaries and/or partners.

Some features of the Platform (such as content sharing or content embedding features or video players) are integrated into the Platform but operated by third parties. When using these features on or from the Platform, you undertake to do so in strict compliance with the terms of use applicable to such features.

2. Ownership of the Platform and the Content

As between AFP and you, except for third-party materials referred to in paragraph 3 of section 4 below, AFP (including AFP’s subsidiaries and partners) is the sole owner of the Platform, all its components, databases, features, and of any content (text, photos, videos, audio material, still and animated graphics, multimedia content, fact-check articles, the AFP Agenda, metadata, and any other content whatever its form) displayed or available on the Platform and on any other third party website displaying AFP content and linking back to this Platform referred to in section 1 of these Terms (hereinafter the “Content”). The Platform (including its design, URLs and any AFP trademarks and logos appearing thereon) and the Content are protected by copyright and other intellectual property laws and treaties.

3. Permitted use of the Platform and the Content

You may only view the Platform and the Content and reproduce short extracts of Content (provided you do not extract any third-party material -as referred to in paragraph 3 of section 4- that is included therein, which shall not be disassembled and used separately from the Content), without any alteration, for strictly personal and private purposes, or for the purpose of illustration for teaching or scientific research, to the exclusion in each case of any commercial use, and only to the extent and as permitted by French copyright law. Any such reproductions of the Content shall maintain all intellectual property notices, including all disclaimers contained therein.

Any other use of the Platform and/or the Content, in particular (by way of example and without limitation) any reproduction, communication to the public, distribution, storage, modification, translation, decompilation, extraction of the Platform and/or the Content, in whole or in part, for any purpose, without AFP’s prior written consent, is strictly prohibited.

Except as permitted by section L. 122-5-3.II of the French Code of Intellectual Property, any access to or use (such as but not limited to reproduction, aggregation and archiving) of the Platform and/or of the Content, for any systematic or automated activities related to text and/or data scraping, mining, extraction, aggregation, analysis, exploration or harvesting, through any “robot”, “bot”, “spider”, “scraper”, or any other automated device, program, technique, tool, process or method, carried out in order to create, develop, train, test, evaluate, modify, and/or support software, algorithms and machine learning/artificial intelligence models or for any other purpose, without AFP’s prior written consent, is strictly prohibited. This provision of the Terms constitutes AFP's express opposition within the meaning of articles L. 122-5-3.III. and R. 122-28 of the French Intellectual Property Code.

4. Limitations and disclaimers of liability

The Platform, the Content and, as for fact-check articles, any third-party materials included in or used to carry out the fact-checking, are provided “as is”, without warranty of any kind, whether express or implied, including fitness for a particular purpose and non-infringement of third-party rights. You are responsible for making your own verification and assessment of the Content and are solely responsible for the consequences of any decision made or transaction carried out on the basis of any Content available on the Platform (or on any other third-party website linking back to this Platform referred to in section 1 of these Terms). Your use of the Platform and the Content is under your sole and full responsibility.

AFP holds no authorization or release from the individuals or entities who may be depicted in the Content, or from the owners of any featured trademarks, works, events, audio material, or from any other individual or entity who may hold intellectual property rights, neighboring rights (including, without limitation, moral rights and performers’ rights), publicity rights, privacy rights or any other rights in and to the subject matter of the Content or in and to the Content itself.

Furthermore, when the Content is a fact-check article, any third-party materials included therein or used to produce such fact-check article are done so to the extent necessary for the verification to be carried out in such fact-check article. AFP holds no license in and to any such third-party materials, whatever their form: text, photos, videos, audio material, graphics, protected works, trademarks, logos, emblems, software, tools, programs or any components thereof, etc. Likewise, AFP holds no authorization or release from the individuals or entities who may be depicted in such third-party materials, or from the owners of any featured trademarks, works, events, audio material, or from any other individual or entity who may hold intellectual property rights, neighboring rights (including, without limitation, moral rights and performers’ rights), publicity rights, privacy rights or any other rights in and to the content included in such third-party materials.

References made to third-party websites on the Platform shall by no means be construed as an approval or endorsement by AFP of these websites or their content.

The access to or the availability of the Platform and/or the Content may be totally or partially interrupted or run slowly due to causes beyond AFP’s control or may be totally or partially modified, suspended, interrupted or restricted by AFP at any time.

AFP does not guarantee that the Platform and the Content are provided without interruption, server downtime or delay or free from errors or any breach of security due to hackings, security intrusions, bugs, viruses, malwares, etc., that may affect your hardware, software or data.

In no event shall AFP be liable for any damages whatsoever arising out of or related to your access to or use of, or your impossibility to access or use, the Platform and/or the Content.

5. Indemnification

You hereby undertake to access and use the Platform, its features and the Content in strict compliance with these Terms, the applicable laws, and the terms of use applicable to any third-party features integrated into the Platform but operated by third parties.

You hereby undertake to defend, indemnify and hold AFP harmless from and against all expenses (including, but not limited to, reasonable legal fees and expenses), costs, losses, liabilities, damages, arising out of or in connection with any claim, demand, action, proceeding, directly or indirectly resulting from or based on a breach by you (or your staff) of these Terms.

6. Trademarks and logos

AFP and its logo are registered trademarks and the exclusive property of AFP. They may only be used, in whole or in part (including as a hyperlink to the Platform), with AFP’s prior written consent and in strict compliance with AFP’s graphic charter.

Any third-party trademarks, logos or other distinctive signs appearing on the Platform and/or in the Content may only be used with their respective owner’s prior approval.

7. Governing law and Jurisdiction

These Terms and any dispute arising thereof shall be governed by and construed in accordance with French law, without regard to conflict of law principles.

The Courts of Paris (France) shall have exclusive jurisdiction notwithstanding any actions in warranty or plurality of defendants.

8. Severability - No waiver

If one or more provisions of these Terms are held to be invalid, illegal or unenforceable under any applicable law or rule, or declared invalid, illegal or unenforceable by a court of competent jurisdiction,

such invalidity, illegality or unenforceability shall not affect any other provision of these Terms, which shall remain in full force and effect.

Any failure to insist upon or enforce any provision of these Terms shall not be construed as a waiver of any provision of these Terms or right of AFP.

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LEGAL INFORMATION

This Platform is:

- Published by:

Agence France-Presse, an autonomous entity endowed with civil personality and operating in accordance with commercial rules, registered in the Paris Trade and Companies Registrar under number 775 658 354.

Address: 11/15, Place de la Bourse, 75002 Paris (FRANCE)
Phone: 01 40 41 46 46
Email: [email protected]
Publication Director: Fabrice FRIES, Chairman & Chief Executive Officer of Agence France-Presse

- Hosted by:

Agence France-Presse