1. Intellectual property of podcast authors
The video and/or audio media available on the platform are the exclusive property of their authors ("Author(s)"), responsible for the deposited files.
Unless otherwise stated and subject to legal exceptions for analysis and short citation provided for in Article L.122-5 of the Intellectual Property Code, any partial or total representation or reproduction of a podcast without the prior written consent of the Author constitutes a violation of intellectual property rights liable to prosecution.
Each Author guarantees to the University of Pau and Pays de l'Adour (hereinafter referred to as "the Institution") that they have the necessary rights to publish and/or share the podcasts and comments they upload. By rights, we mean the rights under the Intellectual Property Code, including copyright, trademark rights, and design rights on any existing or future medium. It is therefore the Author's responsibility to ensure that the storage and distribution of this content via the Médiakiosque platform do not constitute:
a violation of third-party intellectual property rights
an infringement of individuals (including defamation, insults, offenses, etc.) and privacy,
a breach of public order and good morals.
In the absence thereof, the video and/or audio file will be removed under the conditions set out in paragraph 2. In addition, the author may incur, personally, civil and criminal penalties relating to the contentious content (conviction to pay damages, fines, imprisonment). Considering the community nature of the Médiakiosque platform and out of respect for everyone's sensitivities, it is up to the user to maintain a certain ethical standard regarding the podcasts and/or comments uploaded and, notably, to refrain from disseminating content that could offend political, religious, ethical, or moral sensitivities. In the absence thereof, the podcast may be removed under the conditions set out in paragraph 2.
In no case shall the Institution be liable for podcasts and/or comments that have been uploaded by an Author who does not hold the necessary rights. Once the Author makes the podcast accessible to other users (individually or in groups), they declare that these users have the free and exclusive right to view and share the podcast on the platform or from the platform, on other electronic communication media (such as smartphones, tablets, connected TVs, and gaming consoles) for personal use only, for the entire duration of the hosting of the podcast on the platform. Open-access podcasts are deposited under the Creative Commons license, attribution- non-commercial- no derivative (by-nc-nd).
2. Institution's liability
The platform developed by the institution is a platform for making podcasts produced at the University of Pau and Pays de l'Adour available.
The platform developed by the institution is a platform for making podcasts produced at the University of Pau and the Pays de l'Adour available. The Institution disclaims all liability for the video and/or audio files deposited on the platform; these are the responsibility of the users.
In no case shall the Institution be liable for podcasts and/or comments that have been uploaded by an Author who does not hold the necessary rights.
The Institution is not legally obliged to monitor the content transmitted or stored via the platform.
The only obligations inherent in its status as a host concern:
fighting against certain podcasts according to the procedure described in the "Report a content" article,
keeping the connection data of Users, otherwise covered by professional secrecy and processed in accordance with legal provisions on Personal Data (Article 4 herein),
The removal of any manifestly illegal or offensive content, once the Institution has become aware of it.
As a host, the University of Pau and Pays de l'Adour reserves the right to remove any manifestly offensive content.
3. Reporting content
In accordance with current regulations, the Institution as a host provides users with an easily accessible and visible system for reporting any content considered unethical.
The reporting form (only accessible to authenticated users) is available by clicking on the "report this video" link, systematically located below each video. It is also possible to send a detailed letter to the University of Pau and the Pays de l'Adour at the address Avenue de l'Université, 64012 Pau or an email (email@example.com), specifying the date on which you noticed this content, your identity, the URL of the contentious content, its description, and the identifier of its author.
Violation of intellectual property rights
In accordance with Law No. 2004-575 of June 21, 2004 on confidence in the digital economy, the Institution is obliged to remove any content that is manifestly illegal, as soon as it becomes aware of it.
Thus, anyone wishing to inform the Institution of the presence of content protected by intellectual property rights on the platform can inform the University of Pau and the Pays de l'Adour by clicking on the "report this video" link, systematically located below each video, and completing the reporting form (only accessible to authenticated users) or by sending a detailed letter to the University of Pau and Pays de l'Adour at the address Avenue de l'Université, 64012 Pau or an email (firstname.lastname@example.org). In accordance with the terms of Article 6-I-5 of the law of June 21, 2004, this notification must mention all of the following information: the date of the notification, the identity of the notifier, the description of the contentious facts and their precise location (e.g., URL link of the video), the reasons why the content should be removed, including mention of the legal provisions and justifications of facts;
For all useful purposes, it is reminded that presenting content or activity as illegal in order to obtain its removal or cessation of dissemination, when one knows this information to be inaccurate, is punishable by one year imprisonment and a €15,000 fine.
4. Protection of privacy and personal data
As part of the podcast distribution, certain personal data may be communicated to platform users.
In accordance with and under the conditions defined in the law relating to data processing, files and freedoms No. 78-17 of January 6, 1978 as amended, Users benefit from:
- the right to access the data concerning you and subject to processing;
- the right to rectify information concerning you;
- the right to erasure of your data;
- the right to limit the processing of data concerning you;
- the right to portability of collected data;
If they wish to exercise this right and obtain information about their data, they can contact the Institution's IT department at the following email address: email@example.com, copying their request to the institution's data protection officer (firstname.lastname@example.org).
Furthermore, you may at any time withdraw your consent to the processing of your data by contacting email@example.com, copying your request to the data protection officer of the institution (firstname.lastname@example.org).
5. Platform design
The podcast web application is open-source software; you can use, copy, distribute, and/or modify it in accordance with the terms of version 3 of the GNU General Public License (GNU GPL).
6. Access to the platform
Access to the Médiakiosque platform can be:
in open access. The non-connected user accesses the platform, they can search for podcasts, access publicly available podcasts under Creative Commons licenses, and also share and download podcasts if the author has authorized it.
with authentication (logging in with your UPPA email account). This access allows you, in addition to accessing videos requiring authentication, to add personal notes on videos, to upload and manage your videos.
Videos uploaded to the platform are encoded for publication but may subsequently be removed. Remember to keep a local copy of your video files.