1. Applicability, Agreement.
These Terms and Conditions (these "Conditions") establish the rules applicable to your use of S GOBERT EURL Services, including, but not limited to, (1) membership in a S GOBERT EURL panel or sub-panel (individually a "Panel" and collectively the "Panels"), (2) the use and/or access to any Panel Website (individually a "Website" and collectively the "Websites") (3) participation in a survey or study opened, provided, hosted or managed by or through S GOBERT EURL, and (4) your eligibility and/or the exchange of rewards, incentives and prizes offered for certain actions and activities, including, but not limited to, for successfully completing surveys (collectively the "Services").
In these conditions, the term "we" refers to S GOBERT EURL.
By accessing, using, and/or participating in the Services, you expressly agree to comply with these Conditions and to be bound by them.
S GOBERT EURL reserves the right to refuse, limit, prohibit or reject your access, use and/or participation in the Services, at any time and for any reason.
2. Eligibility for Membership.
Panel membership is generally open to individuals meeting membership criteria, including, but not limited to, minimum age requirements and geographic location. Panel membership criteria may differ for each Panel. We allow only one email address per member. S GOBERT EURL may refuse to provide Services to a member at any time, for any reason or no reason at all.
3. Use of Services.
The Services are for personal and non-commercial use. You may use the Services only if they are available. S GOBERT EURL reserves the right to change, modify or eliminate, and/or limit or block access to any or all of the Services, without notice, at any time, for any reason or no reason.
S GOBERT EURL offers Panel members and non-members the opportunity to participate in surveys. Survey participation is voluntary. By agreeing to become a Panel member, you consent to receive invitations to participate in surveys. Additionally, S GOBERT EURL may offer Panel members the opportunity to communicate with other Panel members and/or with S GOBERT EURL. You may unsubscribe from the Panel at any time; please refer to Section 10 "Withdrawal Policy", below.
4. Panel Registration, Passwords.
You may access any Website as a visitor without being a member of the Panel associated with the Website(s) and without providing or disclosing your personal information.
To register as a Panel member, you must register on or for the Panel and provide certain personal data. Panel members and non-members must provide all required information in good faith. S GOBERT EURL reserves the right to limit or prohibit the use, access and/or participation in the Services if you provide, or if S GOBERT EURL can reasonably suspect that you have provided false, inaccurate, outdated or incomplete information.
S GOBERT EURL may either: (i) provide the Panel member with a username and password; or (ii) allow them to create their own usernames and passwords. Panel members are solely responsible for the security of their usernames and passwords and will be solely responsible for authorized or fraudulent use of their member accounts. S GOBERT EURL strongly discourages the use of a social security number, financial account number or any other identification or account number as a username or password.
Panel membership is specific to the individual who subscribed to it.
You understand that you access, use and/or participate in the Services as an independent contractor, and that this agreement is not intended to create and does not create an agency, partnership, joint venture, employer-employee, or franchisor-franchisee relationship.
5. Unauthorized Uses.
You agree not to: (i) use web search engines, robots or any other data mining technique that could allow cataloging, downloading, storing or otherwise reproducing or distributing data or content available when connecting with the Services, or manipulating the results of a survey, drawing or contest; (ii) take actions aimed at compromising the operation of websites or the use by a third party of a website, including, but not limited to, by saturation, "flooding", "email bombing" or "crashing" a website; (iii) send or transmit viruses, corrupted data or any other code, file or other malicious, disruptive or destructive information, including, but not limited to, spyware; (iv) collect personal information that would allow identifying a user of the Services; (v) send unsolicited emails, including, but not limited to, promotion and/or advertising of products or services; (vi) open, use or maintain multiple subscription accounts associated with a Panel; (vii) forge or conceal your true identity; (viii) insert one or more parts of a website into another website; (viii) frame any part of any Website with another website or modify the appearance of any website or frame any part of any Website with another website or modify the appearance of any website; (ix) establish links from other websites to any Website page, or to any Website, without prior, express and written authorization from S GOBERT EURL, and in no case establish a link to any page other than the Website home page; (x) display or transmit any threatening, slanderous, defamatory, obscene, scandalous, or provocative material or content or any material or content that could in any way violate applicable Laws (as defined herein); (xi) display or transmit any threatening, slanderous, defamatory, obscene, scandalous, or provocative material or content or any material or content that could in any way violate applicable Laws (as defined herein); (xii) reverse engineer any Website or act or undertake any procedure that could reveal or disclose source code, or circumvent or bypass measurement instruments or control means intended to prohibit, restrict or limit access to any web page, content or code, except as expressly permitted by applicable Laws; (xiii) engage in any criminal act; or (xiv) use Restricted Content (as indicated herein) in violation of these Terms; or (xv) encourage and/or advise any individual, including, but not limited to, any S GOBERT EURL employee, to/to commit any act prohibited by these Terms.
You understand and agree that S GOBERT EURL will fully cooperate with any legal request for disclosure (e.g., court order or subpoena).
6. Restricted Access Content.
In connection with your use, access and/or participation in the Services, you may have the opportunity to view or access confidential and exclusive information, documents, products and content ("Restricted Access Content") belonging to S GOBERT EURL and/or S GOBERT EURL clients, partners and/or licensors. Restricted Access Content is and must remain the sole and exclusive property of the owner of the Restricted Access Content. In no case may you obtain or receive any right, title and/or interest in or to any Restricted Access Content. You agree to protect the confidentiality and secrecy of the Restricted Access Content and you agree not to modify, copy, reproduce, republish, display, transmit, distribute, reverse engineer, create derivative works, decompile, or use, modify or transfer the Restricted Access Content without the prior, express and written consent of S GOBERT EURL. You understand and agree that Restricted Access Content may be subject to and protected by intellectual property laws, regulations and codes. You also understand and agree that in the event of non-compliance or violation of the restrictions, limits and prohibitions stipulated in this Section, in addition to any other rights and remedies available to it, S GOBERT EURL reserves the right to suspend, prohibit or restrict your use, access and/or participation in the Services.
7. User Content.
You are solely responsible for all content, documents, information and comments that you use, upload, post or submit in connection with your use of the Services ("User Content"). You are solely responsible for obtaining any approvals, consents and/or authorizations required for User Content. By submitting User Content, the User Content may become accessible to the public and may be shared with third parties, including, but not limited to, S GOBERT EURL clients, clients of S GOBERT EURL clients and third-party service providers. User Content must contain only audio or video material, images or the likeness of the person submitting the User Content, and must not contain content or materials protected by copyrights or trademarks registered by a third party. User Content must not contain audio, video material or the likeness of any person other than the user. You will receive no compensation for any User Content.
By using, uploading, displaying, or submitting User Content in connection with the Services, you hereby grant to S GOBERT EURL the perpetual, irrevocable, unlimited, transferable, sublicensable, royalty-free right, worldwide, to edit, copy, transmit, publish, display, create derivative works, reproduce, modify, distribute, and use your User Content in any manner whatsoever.
You are solely and uniquely responsible for User Content, S GOBERT EURL does not verify and cannot verify all User Content and is in no way responsible for it. S GOBERT EURL reserves the right, at its sole discretion, to delete, move or modify User Content in the following cases: (i) the Content violates these Conditions; (ii) the Content violates copyright or trademark laws; or (iii) if the Content is abusive, defamatory, obscene or unacceptable.
8. Rewards Programs.
In connection with your use of the Services, you may receive money for your participation. You must accumulate a sum of __MONEY_1__ to be eligible for withdrawal of your earnings. Accounts below __MONEY_1__ cannot under any circumstances be claimed. In the event that S GOBERT EURL ceases its activities, accounts below __MONEY_1__ cannot under any circumstances be claimed.
In connection with your use of the Services, you may receive rewards and incentives and/or participate in drawings or promotional lotteries. Information, official rules and terms applying to rewards, incentives, drawings or promotional lotteries may be available on a Panel's Website, at the beginning or end of a survey, in invitations to participate in a survey, on the Website(s) reserved for claiming rewards, incentives and prizes and/or may be described in a newsletter or other communication medium distributed or published by S GOBERT EURL. Rewards, incentives and prizes are non-transferable.
9. Profile Updates.
Panel members agree to notify S GOBERT EURL without delay of any changes relating to information contained in their member profile. Panel members agree to review and update, as often as necessary, their member profile at least once every six (6) months. A Panel member may update, correct, and/or delete information contained in their member profile by: (i) accessing their Panel member account; or (ii) by emailing the member services team of the relevant Panels to the Panel in question.
10. Withdrawal Policy.
Panel members may withdraw from their membership in the use of the Services (including, but not limited to, receiving newsletters or communications) at any time by: (i) following the unsubscribe procedures described on the relevant Website(s) or contained in any email received from S GOBERT EURL; or (ii) by emailing the Panel member services team. S GOBERT EURL will make reasonable efforts to read and respond to any request sent by email within a reasonable timeframe. Upon termination, the Panel member's contact information will be removed from any future communication or contact lists. Please allow a few days for complete removal of contact information from S GOBERT EURL's communication or contact lists for the relevant Panel; during this time, the Panel member may receive communications created or compiled prior to termination. Please refer to the privacy policy to learn how S GOBERT EURL handles information and data after an unsubscribe, termination or withdrawal request.
11. Links.
In connection with your use of the Services, you may be able to link to or voluntarily connect to websites maintained and/or operated by third parties ("Third-Party Website"). S GOBERT EURL does not endorse any Third-Party Website, nor any product, service, and/or opportunity advertised, offered and/or sold through, or in connection with any Third-Party Website ("Third-Party Information"). S GOBERT EURL does not represent or warrant any Third-Party Website and/or any Third-Party Information. Please carefully read all policies and conditions applicable to Third-Party Websites and Third-Party Information.
12. Communication with S GOBERT EURL.
All communications (excluding personal information) and User Content submitted or transmitted by you to S GOBERT EURL, by email or otherwise, will be treated as non-confidential and non-exclusive information, unless you indicate otherwise, prior to or concurrently with the submission or transmission of such communication or User Content. You agree that any communication and User Content may be used by S GOBERT EURL for any lawful purpose.
13. Privacy.
S GOBERT EURL takes your privacy very seriously. For information regarding S GOBERT EURL's privacy practices, please consult S GOBERT EURL's Privacy Policy.
14. Disclaimer.
THE SERVICES, INCLUDING ALL INFORMATION, SURVEYS, CONTENT, MATERIAL, COMMENTS AND SERVICES MADE AVAILABLE ON OR THROUGH THE WEBSITES ARE PROVIDED "AS IS". S GOBERT EURL DOES NOT REPRESENT OR WARRANT ANY INFORMATION, CONTENT, MATERIALS, COMMENTS OR SERVICES MADE AVAILABLE ON, OR THROUGH THE SERVICES, INCLUDING, BUT NOT LIMITED TO, USER CONTENT. FURTHERMORE, S GOBERT EURL HEREBY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. S GOBERT EURL DOES NOT WARRANT THAT THE TOOLS, TECHNOLOGIES OR FUNCTIONS CONTAINED IN THE SERVICES OR THAT ANY CONTENT, MATERIAL, COMMENT, INFORMATION AND/OR SERVICES CONTAINED HEREIN WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SYSTEMS OR SERVER(S) THAT SUPPORT THE SERVICES AND THAT ENABLE THE SERVICES TO BE PROVIDED WILL BE CORRECTED, OR THAT THE SERVICES AND/OR THE SYSTEMS AND/OR SERVER(S) THAT PROVIDE THE SERVICES ARE FREE FROM VIRUSES OR OTHER HARMFUL ELEMENTS. S GOBERT EURL DOES NOT PROVIDE INTERNET ACCESS OR CONNECTION AND IS NOT RESPONSIBLE AND SHALL NOT BE HELD RESPONSIBLE FOR THE ACTS OR OMISSIONS OF THIRD PARTIES THAT MAY INTERFERE WITH, LIMIT, RESTRICT, OR PREVENT ACCESS OR CONNECTION, OR THE USE, OF THE SERVICES.
15. Modifications.
S GOBERT EURL hereby reserves the right, at its sole discretion, to make changes to these Conditions. S GOBERT EURL recommends that you review these Conditions regularly. S GOBERT EURL will obtain your consent before making changes that require your agreement. For any changes that do not require your consent, your continued use of the Services, access and/or participation in them will signify your acceptance of the updated Conditions.
16. Indemnification.
You agree to indemnify, defend and hold harmless S GOBERT EURL, its parent company, subsidiaries and their respective members, officers, shareholders, directors, managers, employees and agents against any claim, liability, loss, judgment, damages, fine, penalty and costs and/or expenses of any kind, including, but not limited to, reasonable attorney's fees and court costs arising from or resulting, directly or indirectly, from the following actions: (i) your non-compliance or violation of these Conditions; and/or (ii) your use of the Services, your participation and/or your access to them.
17. Limitation of Liability.
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT S GOBERT EURL SHALL IN NO EVENT BE LIABLE OR RESPONSIBLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR PUNITIVE DAMAGES, FOR ANY REASON OR CAUSE WHATSOEVER, WHETHER OR NOT S GOBERT EURL HAD KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES.
ANY CLAIM OR CAUSE OF ACTION ARISING FROM OR RELATED TO YOUR USE OF THE APPLICATION, SERVICES AND/OR THESE CONDITIONS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION OCCURRED.
18. Compliance with Applicable Laws.
You understand and agree that you will comply with all international, national, federal, public and/or local laws, codes, regulations and/or requirements in effect ("Applicable Laws") with respect to your use of the Services, your participation and/or your access to them.
19. Suspension, Termination, Deactivation of Panel Accounts.
Either party may terminate your Panel membership at any time, for any cause or reason, without incurring any liability.
Any use of a VOIP phone number or similar to a "disposable" number will result in member exclusion.
In addition to any available remedies, S GOBERT EURL may suspend and/or terminate, without notice, your use of the Services, your access and/or your participation in them if you breach or violate these Conditions. Termination by S GOBERT EURL of your membership due to a breach or violation of these Conditions will have the following consequences: (i) you will immediately lose all rights, titles and interests related to unclaimed rewards, bonuses and/or prizes; (ii) your membership will be immediately cancelled; (iii) your access to the Services, your participation in them and their use will be immediately blocked; and (iv) you will not be permitted to participate in surveys offered through the Services. In the event of a breach or violation of these Conditions by a non-member, the non-member Panel member hereby agrees that: (a) all rights, titles and/or unclaimed rewards, incentives, and/or prizes (if any) are forfeited upon termination; and (b) access, use and participation in the Services ceases immediately.
Furthermore, S GOBERT EURL reserves the right to deactivate your Panel member account: (a) if your member account does not remain active (as defined herein); (b) S GOBERT EURL receives an automated email or undeliverable message after sending an email to your email address; or (c) S GOBERT EURL receives a "mailbox full" message three (3) times after sending an email to your email address. For purposes of these Conditions, "Active" means that you: (i) participate in a survey at least once every six (6) months; or (ii) update your contact information at least once every six (6) months.
In the event of deactivation, termination on your part or on the part of S GOBERT EURL (for a reason other than a violation of these Conditions), S GOBERT EURL will maintain unclaimed rewards, incentives and/or prizes as active and available to allow you to claim them for thirty (30) days from the date of deactivation or termination.
20. S GOBERT EURL Employees.
A. Restriction.
S GOBERT EURL employees and members of their immediate family (as defined herein) are not eligible to receive payments, prizes, or incentives to use, participate in or access the Services. For purposes of Article 20, the term "immediate family member(s)" includes parents, spouses, children or any other significant person (i.e., girlfriends/boyfriends, domestic partners, and companions).
B. Procedures.
S GOBERT EURL employees may use the Services, access or participate in them after receiving written authorization from their respective supervisor, and only for the purpose of improving S GOBERT EURL's products and/or services. S GOBERT EURL employees must act in good faith and report accurate information regarding the use of the Services, access or participation in them. If altered, false or inaccurate information is to be used, the Chief Executive Officer of S GOBERT EURL must provide prior consent and approval.
C. Inappropriate Conduct.
Except with written authorization from the Chief Executive Officer of S GOBERT EURL, violation of the conditions of Article 20 by an S GOBERT EURL employee and/or an immediate family member constitutes a violation of S GOBERT EURL's code of conduct, and may result in disciplinary action against such employee, including, but not limited to, termination.
21. Notices.
A. Notice from You to S GOBERT EURL.
Unless otherwise stated herein, or in accordance with applicable laws, all notices to be sent or provided to S GOBERT EURL must: (i) be properly addressed to the applicable business address and be considered sufficiently delivered if delivered: (a) by Federal Express, Express Mail, or other recognized national or international 24-hour courier service (in which case, the notice will take effect within one (1) business day after shipment); or (b) by registered mail, with return receipt requested, postage paid (in which case, the notice will take effect within six (6) business days after mailing); or (ii) by email to the relevant Panel member services team.
B. Notice from S GOBERT EURL to You.
Except where applicable laws require otherwise, you agree that S GOBERT EURL may send you notices: (i) via the email address you provided to S GOBERT EURL (in which case, the notice will take effect within one (1) business day following the date the email is sent, provided that S GOBERT EURL does not receive an error message stating that the email is delayed, the email address is not valid, or the email could not be transmitted, for any reason); (ii) by registered mail, with return receipt requested, postage paid, to the mailing address you provided to S GOBERT EURL (in which case, the notice will be effective within six (6) business days after mailing); or (iii) by posting notice on the relevant Website(s). You agree to frequently check the relevant Website(s) for the presence of notices, and to keep your personal information up to date.
C. Legal Notices.
In accordance with Article 21.A. hereof, any questions regarding these Terms and Conditions and any legal notice must be sent to:
S GOBERT EURL, 16 rue Paul Bert, 92400 Courbevoie FRANCE. Attention: Legal Department. Or by email at the following address: pkrstan@gmail.com
22. Severability.
If any term or provision of these General Terms and Conditions is found or declared invalid or unenforceable for any reason whatsoever by any court of competent jurisdiction, such provision shall be deemed null and void and shall in no way affect the application and/or interpretation of these Terms. The other provisions of these Terms shall continue to be in force and apply in full effect, as if the invalid or unenforceable provision were not part thereof.
23. Applicable Law; Disputes and Arbitration.
The Terms and Conditions are governed by French law. Any dispute relating to the interpretation or performance of the Terms and Conditions shall be submitted to the competent court of Paris, which is given territorial jurisdiction.
24. Miscellaneous Provisions.
The headings contained in these Terms and Conditions are provided for reference only and have no effect whatsoever on the interpretation and/or application hereof. If S GOBERT EURL fails to enforce these Terms and Conditions, you shall not be relieved, released, or prevented from remedying such non-compliance, and S GOBERT EURL shall not be relieved, released, or prevented from requiring you to remedy any subsequent non-compliance you may have committed with respect to these Terms. These Terms and Conditions, any provision or policy referenced or incorporated therein, as well as any condition specific to a Panel, constitute the entire agreement and understanding between S GOBERT EURL and you with respect to the subject matter hereof.