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I accept Global Stone Market terms and conditions
 
 

Terms of use

It is expressly agreed that all Members accept these User Conditions as well as the Legal requirements.

The current version of the User Conditions is that of 29 July 2009.

1. Definitions

Confidential Code: refers to the personal, exclusive and confidential code allowing the Member to access his Space with his Username.

Content: refers to all the information that a Member may provide to the Portal, i.e. photos or images, participation in the forum, information created or downloaded in his personal space, blog, personal page, without being exhaustive.

Personal Space: refers to the Member's account on the Portal. The Member accesses it using his Username and Confidential Code and uses it to carry out all his operations on the Portal.

Username: refers to the email address provided by the Member on signing up.

Member: refers to any person - professional - subscribed to the Portal to put Content online. The Member must be:

  • - either an individual of over 18 years of age with full legal capacity;
  • - or the representative of a legal entity acting in its name and on its behalf.

Portal: refers to the site or sites produced by GSM and which are accessible on the Internet at the following addresses: www.globalstonemarket.com, like all its variations detailed in appendix.

Visitor: refers to a person who browses the Portal without being identified.

2. Purpose of the User Conditions 

The purpose of the User Conditions is to set out and define the conditions and rules for use of the Portal for Members. A Member is considered to be any person who can post Content on the Portal available at the following addresses:
www.globalstonemarket.com, like all its variations detailed in appendix.

It is expressly agreed that this Portal by no means allows subscription of products.

Any Member accessing this Portal agrees to meet these general terms and conditions without exceptions or reservations.

Each Member agrees not to modify, try to modify or cause detriment to the Portal in any way whatsoever and not to use any software or any type of computer program with the aim of attaining or providing content that is protected or not freely available. Members are also prohibited from creating a work or a site derived from all or part of this Portal.

Each Member is informed of the fact that storing contributions, texts, documents, photos, videos or any other form of media will involve compressing or automatic encoding of the data comprising them and may therefore reduce their quality.

3. Subscription to the portal 

Subscription to the Portal is free for Members. Only Members subscribed to the Portal can post Content on the Portal.

Subscription to the Portal is subject to the following cumulative conditions:

  • - The Member must choose a Username and a password, and provide his last name, first name, telephone number, email address, date of birth and a postal address.
  • - The Member must have an email address that is regularly checked and updated.
  • - The Member agrees not to use, in the public information comprising his Username and presentation text, elements likely to breach the peace, public decency, the law in effect in France, rights of third parties, or that may be unsuitable for minors. For this purpose, the Username may not be deceptive, offensive, encourage discrimination, hate or violence or be comprised of or remotely allude to:
    • - postal addresses, email addresses, telephone numbers,
    • - active or inactive hyperlinks,
    • - a brand, company name or the identity of an individual or legal entity without having acquired the necessary authorisations,
    Furthermore, it must also comply with the rule of referring to the GSM Portal and not be detrimental to the integrity of a person.
  • - The Member agrees not to use numbers with a surcharge when providing his telephone number.
  • - The Member must have full legal capacity.

Since the Usernames are chosen freely by the members, GSM cannot guarantee, beyond the conditions set out above, availability of the Username requested.
GSM reserves the right to ask the Member to provide written documents to prove that he meets these conditions.

The Member agrees to complete the fields of the subscription form on the Portal and to provide complete and accurate information. The Member agrees to update as soon as possible the information provided to GSM. It is expressly agreed that the Member is solely responsible for the consequences of failing to update this information.

The Member accepts that his public information will be moderated prior to its publication.

At the end of the subscription procedure, the Member chooses a Username and a Confidential Code to open his Personal Space.

To validate his email address, the Member will receive, after his subscription and confirmation of these User Conditions, an initial email summarising the Username entered during his subscription to the Portal and must then validate his email address by clicking on or copying into his browser the unique and personal URL sent in this initial email. On confirmation of this address, the Member will receive a second email confirming successful validation and the opening of his Account.

The Member expressly acknowledges that the liability of GSM cannot be incurred in the event of false declarations concerning the identity of Members.

4. Access to the Personal Account / Technical Operation

GSM provides a Personal Space to each Member subscribed to the Portal. The Member can only access his Personal Space using his Username and Confidential Code. The Username and Confidential Code are strictly personal and confidential. The Member agrees not to allow any third party to know his Username or Confidential Code.

The Member agrees to protect and keep secret his Username and Confidential Code. He agrees to inform GSM immediately of any compromise, loss or anomaly noticed.

The Member acknowledges that actions carried out in his Space will be attributed to him, in the absence of any request for revocation of the Username or Confidential Code compromised even without his knowledge, by a person using his Username and Confidential Code.

The Member is solely responsible for the consequences of disclosing his Username and Confidential Code.

GSM agrees to manage the Members' Accounts. GSM reserves the right to remove or suspend access to Members' Personal Spaces in the event of an established compromise or if there is suspicion of compromise concerning the Username or Confidential Code.

GSM reserves the right to suspend access to the Portal when it considers that an event likely to affect its operation or integrity necessitates it, or for maintenance, and this for the term required to carry out the planned work. If applicable, as soon as it knows of the dates of the work scheduled, GSM agrees to inform the Users as soon as possible, on the GSM homepage or by any other suitable method and to reduce the period of unavailability during the day. However, this suspension can by no means incur the liability of GSM and does not give rise to the right to any indemnity.

GSM advises each Member to take all necessary precautions and to use caution and common sense when browsing the Portal. 

The Member is allocated a web space that is personal to him. For these reasons, he agrees to post and update Content that complies with the rules of law and order and public decency.

The Member agrees to check the accuracy and completeness of information before posting it in his Personal Space.

A Space cannot be sold, loaned, pledged, transferred or granted for payment or free of charge.

The Member is also prohibited from exporting his Username and data relating to it to another site.

Each Member can only have one Personal Space.

GSM must take all possible measures to perform the services for which it is responsible under optimum conditions. It is expressly agreed that GSM is subject to an obligation of due care.

5. Specific rules of use

5.1. Announcements

It is expressly agreed by Members that any exchanges or announcements made by a Member that may be read by other Members or Visitors or exchanged or posted by the Members in discussion spaces, on forums, personal pages, blogs, guides or other spaces made available by GSM are considered to be public announcements. Public announcements are not covered by the confidentiality of private announcements.

Since announcements are published by Members, GSM cannot guarantee the truthfulness, integrity or honesty of them and therefore the Member posting these announcements will be both criminally and civilly liable for them.

Members agree that if they unsubscribe from the Portal, GSM may keep these announcements for an unlimited term.

5.1.1 Conduct 

Each Member agrees to meet these User Conditions in the event of use of the email service or Spaces and also:

  • - not to have content that is offensive or lacks respect, breaching these conditions towards another Member, GSM or a third party, containing insults, threats, blackmail, defamatory words, direct or indirect allusions to racism, xenophobia, anti-Semitism, racial, sexual, political, ethnic or religious discrimination, belonging to a group or being disabled or any other kind, hateful or violent words, that go against public decency, law and order, or any reprehensible form or content whatsoever;
  • - not to extract or collect email addresses or other information relating to other Portal Members by any electronic means or other for the purposes of unsolicited advertising for other sites or third-party companies, or for his own personal pages, blogs, or any other content, whether published or not;
  • - not to post information on or details of another Member or on himself;
  • - not to use scripts of any type whatsoever, and in particular JavaScript;
  • - not to post in any form whatsoever content that is unsuitable for minors, content that encourages crimes and offences or suicide, or that encourages people to commit acts contrary to public decency or terrorist, negationist acts involving harassment or that may be harmful to the security of a country or territory;
  • - not to post Content that has the aim of deceiving or wrongfully assuming the identity of other Members, GSM or any other identity of individuals or legal entities;
  • - not to post any content that may be qualified as a false report, that is detrimental to a legal authority or that contains confidential information or information on trials in progress;
  • - not to post photos, documents, private data or content on individuals or legal entities without their express and written authorisation, nor infringe the rights to reputation, privacy or right of publicity of the latter;
  • - not to disrupt by any means whatsoever the normal flow of text and content on the Portal;
  • - not to try to post or send in any form whatsoever viruses, computer programs, routines, scripts, programs, codes or Trojan horses that have been designed to interrupt, corrupt, impede, destroy, distort, take control of or limit the operation of any computer or telecommunications system, in any material form whatsoever;
  • - not to attempt to modify the headers or to try to manipulate the pages of the Portal in such a way as to conceal, divert or modify the Content presented;
  • - not to post content subject to copyright or third party rights, or to intellectual property rights, patents or trademarks without the prior authorisation of the author or beneficiaries and the express authorisation of GSM.
  • - upload, post, send, share, store or make available in any other way content that constitutes or encourages an act for which one is liable to prosecution or provides instructions on the way to commit it, which infringes the rights of a third party or is likely to incur the liability of a third party or infringe local, national or international legislation.

This list is not exhaustive.

5.1.2. Internal email service

GSM provides its Members with an internal email system allowing them to contact each other easily through the Portal.

Each Member agrees to use the internal email service for any exchange, question or clarification concerning a direct exchange between Members and for contacting GSM.

For these reasons, this correspondence cannot be considered as being of a private nature and must be considered as public announcements pursuant to Article 2.1 herein.

It is expressly agreed that Members agree to accept that in the event of dispute, direct exchanges between Members can be produced before the courts and used as evidence of the data and facts that they contain.

Each Member agrees to check his internal email once per day.

The Member agrees not to use the internal email service directly or indirectly for content or any other form of data that does not meet these User Conditions.

Each Member agrees not to harass or continue to exchange messages with any other Member who has asked him to no longer contact him, or has asked to cease all communication.

5.1.3. Public announcements

All Members agree to respect the opinions given in the discussion spaces, forums, personal pages, blogs, guides or other spaces provided by GSM. For this purpose, they agree to avoid any denigrating, defamatory or offensive discourse, in particular against another Member or any implication of a third party. 

All Members agree not to post content subject to copyright or any other right without the express and written consent of the holders of the rights.

GSM agrees to set up a system of Moderators responsible for checking the morality and legality of the subjects raised in accordance with Article 5.1.10 herein and to endeavour to do all it can to moderate the discourse on the Portal.

Members acknowledge that any discourse written using their password and Username will be attributed to them unless they provide proof to the contrary.

Members are responsible for all discourse, Content, or exchanges that they write, post or make available to Visitors or to other Members, and release GSM from any liability concerning these announcements or output.

Members agree to comply with any copyrights in their public announcements, and also not to post information whose circulation is not authorised or restricted.

GSM reserves the right to moderate, modify, reject or delete any public announcements or content that does not meet these Conditions.

Any public announcement implies assignment to GSM of the rights of representation, reproduction, translation and adaptation attached to it, free of charge, to be used on the pages hosted on the Portal, for the legal term of protection of literary and artistic property and worldwide.  

5.1.4. Public profile

Each Member authorises GSM to create a public profile for his Member account.

This profile can be seen on the Portal by clicking on the name of the said Member.

It is mainly composed, without being exhaustive, of the following elements:

  • - Member's name, date of subscription, post code, city, French département or region and country of the main address;
  • - Official language for operations and language(s) spoken(s).
5.1.5. Site personalisation

GSM allows its Members to personalise their browsing on the portal, in accordance with the options offered in their Personal Spaces. However, in the event that differences in information are noticed, presented or seen between default browsing and personalised browsing, Members concede that only default browsing is admissible and is the browsing of reference on the site.

Default browsing of the site is browsing of the site in French on www.globalstonemarket.com, like all its variations detailed in appendix.

5.1.6. Content management

GSM reserves the right to modify or delete all or part of the Content that does not meet these User Conditions.

Any uploading of articles or contributions implies assignment to GSM of the rights of representation, reproduction, translation and adaptation attached to them, free of charge, whether or not to be used on the Portal, for the legal term of protection of literary and artistic property and worldwide.  

Members agree that Content added meets all of these User Conditions and the general rules on announcements and public announcements.

Members must not post, send or share on the Portal, Content of which they are not the author or which they do not have the right to publish.

Under these User Conditions, the Member remains the owner of his Content.
 

5.1.7. Personal pages, blogs

GSM can provide its Members with personal pages or blogs considered as being services for hosting digital Content. Each Member can post content in this digital space under his full liability.

5.1.8. Surveys

GSM may set up a survey system, or may propose a survey system to its members, all of whom must comply with these conditions and, more particularly, must not conduct surveys outside of the legal conditions and time limitations with regard to an election or referendum. These survey systems will be subject to specific User Conditions.

5.1.9. GSM moderators

GSM agrees to set up a moderation system implemented by persons employed by GSM and to make every effort to moderate discourse on the Portal.

The aim of these moderators is to ensure smooth application of and compliance with these User Conditions on the Portal. However, they will by no means have access to information on the other Members or Visitors, or the personal content of the Members subscribed to the Portal.

The following public Announcements may be moderated:

  • - withdrawing an announcement or content that does not meet these User Conditions;
  • - request to modify an announcement or content that does not meet these User Conditions;
  • - move an announcement or content that is in the wrong place.

Moderators agree to become familiar with the User Conditions as well as any modifications of them, and to act neutrally and impartially. During moderation, they must complete the form recommended for this purpose and report to GSM on their actions.

GSM reserves the right to modify or cancel the moderation option for a Member, and reserves the right to cancel all or part of the moderations made by a moderator. GSM cannot be held responsible for the actions of a moderator. If a Member wishes to contest the action of a moderator, he can request GSM to cancel this action directly using the following link: support@globalstonemarket.com

5.1.10. GSM translators

GSM can provide voluntary Members and volunteers with tools with which to translate the Portal into other languages. GSM may appoint a translator to be in charge of a language. It is expressly agreed that translations are for information purposes only and that French remains the Portal's official language.

GSM cannot be held liable for any difference, error, omission or contradiction between information in the default language and information translated by the Members.

Any translation implies assignment to GSM of the rights of use, representation, reproduction, translation and adaptation attached to it, free of charge, whether or not to be used on the pages hosted on the Portal, for the legal term of protection of literary and artistic property and worldwide.

5.1.11. Contributions and articles

Any Content added to the Portal must meet all of these Conditions. GSM has the right to modify, delete or request modification of all the Content posted without having to justify its decision or inform the Member.

Articles and contributions can be posted on any page of this Portal and, therefore, each Member accepts that his article or contribution may be presented in whole or in part in different contexts, whether associated or not with other pages.

Members post all of this Content free of charge and therefore are not entitled to any remuneration of any kind whatsoever.

5.2. Photos and Images

Each Member can upload Image(s) or Photo(s) for the different services offered by the Portal in accordance with Articles 5.1.6 and 6 of these Conditions.

5.3. Hyperlinks

Only Members of this Portal can insert hyperlinks. Members agree only to insert links to sites or pages that comply with the rules of public decency and law and order and with the express or tacit agreement of the target site.

They can be consulted by Visitors and Members.
GSM cannot be held liable for the content or information or any links contained on these target sites and therefore Members and Visitors release GSM from any liability for use, consultation or browsing of the said sites.

GSM is not responsible for updating links towards domains. Members must ensure their availability. 

5.4. Conflicts between Members

Members are solely responsible for their interactions with other Members. If applicable, GSM reserves the right to supervise conflicts between Members.

6. Intellectual Property Rights

Each Party is and will remain the owner of its distinguishing characteristics, i.e. its trade names, corporate names and others, company names and domain names.

The Portal, its content, catalogue, texts, illustrations, photographs and images are the property of GSM except for the texts or illustrations, photographs and images uploaded by Members, which have been granted to it. Members must not reproduce, represent and/or use all or part of the Portal, its content, catalogue, texts, illustrations, photographs or images without GSM's prior authorisation.

With the aim of allowing GSM to use information, Content, contributions and other elements (text, photos, etc.) posted by Members, without infringing the rights of Members to this information, Members grant a transferable, non-exclusive and free licence, without limitation of term or territory, with the right to grant sub-licences, for the use and disclosure of the said content, information, contributions, for use in any existing or future media, to GSM.

Any unauthorised extraction and/or use of one or more databases taken, copied or produced from the Portal's content directly or indirectly will be penalised both civilly and criminally.

No Portal Content can be modified, copied, distributed, managed, reproduced, republished, downloaded, truncated, displayed, published, sent or sold in any way or by any means whatsoever, in whole or in part, without GSM's prior written authorisation, except for the Member's own Content, which he has made available on the Portal.

The Member declares that he holds all the intellectual property rights to the elements comprising the Content intended to be shown in his Personal Space or on the Portal. Therefore, Members hold GSM harmless against all disturbances, claims and evictions with regard to these rights. The costs and fees relating to disputes arising from these intellectual property rights will either be payable exclusively by the Member, or reimbursed to GSM for the proportion that it may have had to bear if its liability is incurred, in accordance with Article 9 of these conditions.

Use of GSM's trademarks and visual identities, including those integrated into other trademarks and/or domain names, to designate products or services in any way whatsoever, is prohibited if there is a risk of creating confusion. Reproduction, imitation or insertion, whether partial or total of trademarks, drawings and models belonging to GSM, is strictly banned without its prior written agreement.

7. Advertising 

GSM may circulate advertising or advertising or promotional content in the form of text, image, video animation or sound on its Portal, using the Content posted by itself or its Members, which does not entitle Members or Visitors to any remuneration or payment.

Each Member accepts that GSM can use the Content posted to promote its Portal in any way whatsoever and cannot ask for any remuneration or payment.

Members expressly authorise GSM to reproduce and represent, on any medium and by any means, during the term of validity of these User Conditions, the brands of which he is the holder, his trade names and other distinguishing characteristics, as well as the intellectual rights relating to the Content in the dedicated Space, for the needs of performance of the User Conditions to GSM.

8. Harware and sofware requiered for connection to the portal 

With the aim of providing the widest and best quality service possible, GSM requests the following configuration from its Members:

  • -  Operating system
    • -  Windows
    • - MacOS
    • - Linux
  • - Internet browser
    • - Internet Explorer
    • - Chrome
    • - Firefox
    • - Safari
  • - Settings required
    • - Activation of cookies
    • - Activation of JavaScript
    • - Activation of multimedia content

GSM recommends the following browser extension modules

  • - Adobe Acrobat Reader ®
  • - Adobe Flash Player ®

Hardware and equipment, particularly computer, software, means of electronic communication and Internet service provider, enabling access to and use of this Portal, are exclusively payable by Members and Visitors, as are the costs of the electronic communication, including the telephone cost, cost of accessing the Internet, subscription or any other fee necessary for use of this Portal. Members and Visitors are therefore asked to find out about the said costs and remain exclusively responsible for paying them.

9. Liability 

9.1. GSM's liability

GSM is liable in the event of breach of the obligations incumbent upon it pursuant to these conditions.

GSM, in its capacity as technical service provider, in particular in its capacity as host of the data shown in the Member's Personal Space, cannot be liable for the activities or information stored on request of a Member if it was unaware that they are illegal or of the facts and circumstances making it seem that they are illegal or if, as soon as it became aware of this, it acted promptly to withdraw this information or make access to it impossible.

GSM rejects any liability with regard to use of the Portal by Members, including, but not being limited to, the truthfulness of information communicated to the public and/or to other Members or Visitors.

By no means is GSM liable for losses such as in particular: financial or commercial loss, loss of customers, any sales problems, loss of profit, loss of brand image, loss of computer programs suffered by a Member that may result from non-performance of these general conditions, and which are, by express agreement, deemed to be indirect losses.

Any legal action taken against a Member by a third party is comparable to an indirect loss and, therefore, does not entitle the Member to compensation.

GSM will by no means be liable for damage resulting, even partially, from total or partial non-performance of the Member's obligations, as well as for any indirect damage, even if was aware of the possibility that such damage could occur.

GSM will not be liable and will not be deemed to have breached its obligations in the event of non-performance of all or part of these obligations or an interruption in their performance if this breach is due to a case of force majeure. In this case GSM will inform the Member and will try to find with him measures to be taken to remedy the situation created.

The Members will hold GSM harmless and compensate it for any damage suffered by GSM and for any action for damages that may be brought against GSM based on breach of these User Conditions and/or any right of a third party.

GSM assumes no liability for delays, alterations or other errors that may occur in sending information from the Portal when these events result from use of the networks or a fault of a Member. GSM is not liable for the unavailability of the networks (software or hardware) that are not entirely under its direct control, nor for any modification, suspension or interruption in availability of the said Portal, as well as its continuity, durability, conformity, compatibility or performance or the absence of bugs. Furthermore, the rates of transfer and downloading from this Portal are not guaranteed.

GSM cannot be considered liable for fraudulent use by a third party of the Username and/or Confidential Code of Members.

GSM will not be considered liable for Members' Content. 

Hyperlinks on the Portal may link to other sites. GSM is not liable for the content or actions of these sites, or for damage or loss resulting from or in connection with access or use of these sites, or more generally any external source.

Within the limits authorised by the law, GSM cannot be held liable in the event that the content of the other sites contravenes current legal and regulatory provisions.

Furthermore, GSM assumes no liability for:

  • - use of services by Members that do not comply with current regulations relating to software protection;
  • - normal wear of Members' electronic media, or deterioration of information stored on the said electronic media due to the influence of magnetic fields;
  • - information, images, sounds, text or videos that are contrary to current legislation and regulations, contained and/or distributed on the Member's Personal Space;
  • - infringement of intellectual property rights relating to works published, in whole or in part, on the Member's Personal Space without the agreement of their author;
  • - suspension and/or termination of accounts due to non-performance of one of the Member's obligations, such as set out in these conditions.

9.2. Member's liability

The Member is liable for use of his Personal Space and his identification information provided for the Portal.

The Member is solely liable for the data required to compile the content that he wishes to put in his dedicated Space. Therefore, the Member is liable for any damage that may arise from posting false or incomplete data and/or documents.

The Member is liable for any damage caused by him to GSM. The Member agrees to indemnify GSM, in the event of a request, claim or order to pay damages, to which GSM is subject due to non-compliance with these provisions or due to damage caused to others or to itself by documents that the Member has posted while using the Portal.

The Member holds GSM harmless against any claim or application from third parties citing infringement of their rights, due to use of the Portal by a Member or due to measures taken by GSM to put an end to the infringement of rights of third parties cited by a victim.

10. Acts of God 

GSM cannot be held liable for any delay in performance of its obligations or for any non-performance of its obligations resulting from these User Conditions when the circumstances giving rise to it are due to force majeure.

The following are expressly considered as cases of force majeure or acts of God, in addition to those usually referred to in case law of the French courts, and in the contractual clauses contained in these Conditions:
Total or partial strike, lock-out, riot, civil disorder, uprising, civil or foreign war, nuclear risk, embargo, confiscation, capture or destruction by any public authority, atmospheric action, epidemic, freezing of means of transport or supply for any reason whatsoever, earthquake, fire, storm, flood, water damage, governmental or legal restrictions, legal or statutory modifications of forms of marketing, freezing of electronic communications, including electronic communication networks, that cannot be foreseen by GSM, challenging the standards of its profession and any other case outside of the control of the parties, preventing normal performance of the obligations arising from these Conditions.  

At first, cases of force majeure will suspend performance of these general Conditions from receipt of a registered letter with acknowledgment of receipt identifying precisely the event in question. If cases of force majeure last for longer than forty-five (45) days, the contractual relationship is terminated automatically, unless an agreement to the contrary is made by the parties.

11. Protection of personal Information 

In accordance with amended Act no. 1.165 of 23 December 1993, the Member can access personal information concerning him that he has entered into the Portal. He can ask for personal information concerning him that is inaccurate, incomplete, ambiguous or out-of-date to be corrected, added to, updated or deleted depending on the case. Any request of this nature can be made by the Member using the form available on his Personal Space or by sending a standard letter to the following address:

GSM
Contact Personal information
Equidif SAM - 26bis, Bd Princesse Charlotte - 98000 Monaco

In his request, the Member must give the following information: last name, first name, date and place of birth, postal and email address and his Username.

In accordance with Act no. 1.165 of 23 December 1993, the Member can also exercise his right of opposition and ask for the personal information concerning him to be deleted. This request must be made by the Member from his Personal Space using the dedicated form and in accordance with these User Conditions for the terms of exercising the request, or by sending an ordinary letter to the following address:

GSM
Contact Personal information
Equidif SAM - 26bis, Bd Princesse Charlotte - 98000 Monaco

In his request, the Member must provide the following information: last name, first name, date and place of birth, postal and email address and his Username if he wishes to unsubscribe from the GSM site. However, GSM can retain the said data for a term of one year from closing of the account.

To ensure good working order of the Portal, the Member gives his unequivocal consent for use of his personal data collected from the subscription form or from his Personal Space.

GSM cannot be held liable for transfer of personal data by its Members outside of the scope set out in these Conditions. The Member is solely responsible for information sent directly.

12. Term

It is expressly agreed between the Parties that these User Conditions take effect from the date of validation of the Member's subscription form by the Parties for an indefinite term unless it is terminated by one of the parties by email.

13. Termination 

Contractual relations will end in the event of termination of these User Conditions existing between GSM and the Member using the form available on the Portal.

This termination will be as of right without prejudice to damages that the injured party may request.

14. Sub-contracting 

GSM reserves the right to have all or part of the services set out herein performed by any other company of its choice by means of sub-contracting. However, GSM remains solely liable towards the Member on condition that it takes court proceedings against its sub-contractors.

15. Transfer

GSM reserves the right to transfer this contractual relationship to any third party.

16. Non-waiver Clause

Should the Member or GSM overlook any breach by the defaulting party of any of the obligations resulting from these User Conditions as a whole, this should not be interpreted as a waiver of the obligation in question.

17. Continuance Clause

Should any of the clauses of these User Conditions as a whole be confirmed null and void this will not affect the validity of the other clauses; the contract will continue in the absence of the voided clause unless the voided clause makes the continuance of contractual relations impossible or imbalanced compared to the initial agreement.

18. Notification

Any notification required as part of these conditions shall be made to the other party in writing. Notifications must be sent by registered letter with a request for confirmation of receipt, or by any other means whereby receipt can be proven, to the address stated at the start of this document or to any other address that one party subsequently notifies in writing to the other party, in the manner set forth in this Article. A notification will be considered received by a party on the first working day following its first presentation to this party.

19. Complaint

In order to avoid any late complaint, and to allow GSM to retain any items of proof, the Member or Visitor must notify GSM that it intends to hold it liable. This notification must, on penalty of debarment, precisely detail the errors, absences or delays noted and must be sent within THIRTY (30) days at the latest following occurrence of the event likely to incur GSM's liability.

For any complaint concerning information provided on the Portal, GSM provides every Member with a notification form at the address (NB: stated in the last draft of the bill on electronic commerce):

GSMagrees to take account of the complaint of any Member within sixty (60) days from its receipt at the address and to assess all the legal consequences of this complaint.

20. Agreement of proof

GSM and the Members agree to set out, within the context of the Portal, the rules relating to admissible proof between them in the event of dispute and their probative force. The following provisions thus constitute the agreement of proof made between the parties, which agree to comply with this article. 

GSM and the Members agree to accept that in the event of dispute, Usernames and Confidential Codes used on the Portal are admissible before the courts and will act as evidence of the data and facts that they contain.

GSM and the Members agree to accept that in the event of dispute, connection data relating to actions carried out from their personal spaces are admissible before the courts and will act as evidence of the data and facts that they contain.

GSM and the Members agree to accept that in the event of dispute, public announcements and any other document, information and registration are presumed to be attributable to the Member.

GSM and the Members agree to accept that in the event of dispute, dates of public announcements and any other document, information and registration are admissible before the courts and will act as evidence of the data and facts that they contain.

21. Entirety of the contractual relations

The contractual relationship between GSM and the Members comprises the following documents, listed in decreasing order of precedence:

  • - These User Conditions and the Specific conditions;
  • - The Application Forms;
  • - The Legal requirements;
  • - The Subscription form;
  • - The help pages and good practice guides.

If a clause contained in a lower ranked document does not expressly appear in a higher ranked document this does not mean that said clause contradicts the higher ranked document or that the related rights and obligations should be abandoned or waived.

22. Updating User Conditions 

These User Conditions can be updated by GSM as developments take place in the services provided, the applicable legal framework and the needs of the Members. GSM has the right to revise and update the General Conditions.

For this purpose, GSM will notify Members of the new version of the User Conditions by drawing their attention to them at the time of their next connection.

Unless the Member expressly objects to the new User Conditions and notifies GSM of this objection within a period of fifteen (15) calendar days from the notification, the new User Conditions will be applied to him from the thirty-first (31st) day, i.e. the day after the expiry date of the period of objection. Once this deadline has expired, the new version of the User Conditions cancels and replaces the preceding one.

Members expressly agree that the applicable User Conditions are those in effect on the day on which the act or matter or law under consideration, cited or claimed has taken place, or is said to have taken place.

23. Article titles

The titles of each Article are given only for ease of comprehension and may in no case be used as the basis for any interpretation or distortion of any of the clauses to which they relate. In the event of any interpretation problems or contradictions between the content of an article and its title, the title shall be disregarded.

The parties expressly agree that this contract shall be governed by the French language. In the event of contradiction between the Conditions drawn up in French and a translation of the User Conditions, the French User Conditions will take precedence over the translated version.

24. Dispute settlements - Jurisdiction

Should no amicable settlement of any dispute relating to the interpretation, creation or performance of these User Conditions taken as a whole be possible, and should they be unable to reach an amicable agreement or a settlement, GSM and the Members grant express and exclusive jurisdiction to the courts of Monaco, regardless of there being multiple defendants, summary proceedings, third-party proceedings or preventive measures.

25. Applicable Law

In the event of any dispute over the interpretation, creation, validity or performance of these User Conditions taken as a whole, GSM and the Members expressly agree that only Monegasque law will be applicable, to the exclusion of any international laws.

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