Content Policy —
VAINKEURZ

This policy describes the rules applicable to content published by users on VAINKEURZ (hereinafter the "Content"), as well as the reporting and moderation procedures. It supplements the Terms of Service of the Site.

Content notably includes:

• tops, rankings, titles, descriptions;
• comments and associated messages;
• images/illustrations, avatars and any file or element published by the user (where applicable).

VAINKEURZ is a platform geared towards pop culture and entertainment. The user undertakes to publish Content that is:

• fair, respectful and in keeping with the spirit of the Site (playful, friendly);
• compliant with the laws and regulations in force;
• not infringing third-party rights.

The user remains solely responsible for the Content they publish.

VAINKEURZ hosts users' Content and is not its author. TopList, editorials and descriptions written by the VAINKEURZ team are identified as such.

It is prohibited to publish, transmit or make available any Content, notably where it:

4.1 Is illegal or harms individuals

• defamatory, insulting, harassing, humiliating or threatening content;
• incitement to hatred, discrimination or violence;
• glorification of crimes, violence or dangerous behavior;
• sexually explicit content or content harmful to the protection of minors.

4.2 Infringes third-party rights

• infringement of copyright, trademarks, related rights, trade secrets;
• infringement of image rights or privacy (e.g. publishing a third party's personal data without authorization: name, email, address, phone number, social media, etc.);
• impersonation or deception as to the origin of the Content.

4.3 Disrupts the proper functioning of the Service

• spam, unauthorized commercial solicitations, malicious links;
• intrusion attempts, automated or mass data extraction, circumvention of technical measures;
• artificial manipulation (multiple accounts, behavior intended to distort votes, rankings or results).

4.4 Is off-topic or at risk of drifting

VAINKEURZ reserves the right to moderate or remove Content that is:

• too far removed from pop culture / entertainment topics;
• likely to generate excesses (divisive content inciting hateful or abusive reactions), even if not necessarily illegal.

This moderation concerns the conformity of Content with the line of the Site. It does not amount to verification of rights over published images (see Article 6.2 of the Terms of Service).

5.1 User responsibility

The user is solely responsible for the Content they publish, including the images they upload to illustrate a TopList or a contender. VAINKEURZ does not choose these images and does not check them before they are put online.

5.2 Warranty regarding images

By uploading an image, the user warrants:

• that they are its author, or that they hold a license or authorization covering its publication on VAINKEURZ, or that the image is in the public domain or under a free license whose conditions they comply with (for example, credit to the author);
• that, if a person is recognizable in the image, its publication does not infringe that person's image rights or privacy;
• that they comply with the terms of use of the site or image bank from which the image originates.

An image found on a search engine, a social network or a third-party site is not free of rights merely because it is accessible online.

5.3 Evidence

The user keeps evidence of their rights (license, invoice, link to the source and its license) for the entire duration of publication and provides it to VAINKEURZ upon simple request, within 7 days, in the event of a claim by a third party.

5.4 Removal

The user accepts that VAINKEURZ may remove or replace any image that is the subject of a third-party notice, without having to assess its merits beforehand, and undertakes not to republish it until the question of rights has been settled.

5.5 Recommended sources

To illustrate a TopList without risk, preferably use:

• Wikimedia Commons;
• Unsplash;
• Pexels;
• your own photos.

Where the image's license so requires, the user credits its author (author's name, source and license).

Any person or entity may report Content that it considers illegal, using the reporting form accessible from every page of the Site.

To be processed, a notice includes:

• an explanation of the reasons why the Content is considered illegal;
• the exact URL of the Content and, for an image, its precise location (the TopList and contender concerned);
• the name and email address of the notifier, except for offences relating to child sexual abuse;
• a statement confirming that the notifier believes in good faith that the information provided is accurate and complete;
• in the case of an infringement of copyright or image rights: proof of ownership of the rights or of the mandate to act on behalf of the rights holder.

The form is the main channel. A notice may also be sent by email to [email protected], specifying the same elements.

VAINKEURZ acknowledges receipt of each notice without undue delay. An incomplete notice gives rise to a request for further information.

VAINKEURZ examines each notice diligently and objectively, within a reasonable time, with a target of two business days.

As soon as it has actual knowledge of illegal Content, VAINKEURZ removes it or makes it inaccessible promptly. A precise and sufficiently substantiated notice constitutes actual knowledge. VAINKEURZ may also remove, as a precautionary measure, any Content that is the subject of a serious claim by a third party, without such removal amounting to acknowledgment that the claim is well-founded.

Any decision to remove Content following a report is taken or confirmed by a member of the VAINKEURZ team. VAINKEURZ informs the notifier of the decision taken and of the available means of redress.

The full procedure is described in Article 7 bis of the Terms of Service.

Where Content is removed, made inaccessible or demoted, VAINKEURZ informs the user who published it and sets out the reasons for the decision:

• the Content concerned;
• the basis for the decision (law or clause of the Terms);
• the means used to detect it (report or voluntary check);
• the means of contesting the decision.

This information is not due where the law prohibits it or where an authority has so requested.

The user may contest the decision within six months at the address [email protected], providing the elements substantiating their rights over the Content. The appeal is examined by a member of the VAINKEURZ team, who is not the person who took the initial decision where the organization of the team allows. If the appeal is well-founded, the Content is reinstated.

VAINKEURZ may retain certain information (logs, technical elements, moderation history) to ensure the security of the Service, handle reports and comply with its legal obligations.

VAINKEURZ keeps a record of each notice, the date of receipt, the decision taken and the date of removal, in order to demonstrate its diligence. VAINKEURZ also retains the evidence of licenses provided by users.

VAINKEURZ applies a graduated policy to users whose Content gives rise to repeated removals for infringement of third-party rights or for illegal Content:

• a warning on the first justified removal;
• temporary suspension of image publishing on the second justified removal within a twelve-month period;
• suspension or deletion of the account on the third.

Before deciding, VAINKEURZ takes into account the seriousness of the breaches, their frequency, their nature and the user's intent. The user is informed of each measure and may contest it under the conditions of Article 8 above. See Article 11.2 of the Terms of Service.

VAINKEURZ may suspend, for a reasonable period and after a warning, the processing of notices from a person who repeatedly submits manifestly unfounded notices.

For any question regarding this policy: [email protected].

This policy is drafted in French and translated into the other languages of the Site. In the event of a discrepancy between the versions, the French version prevails.