1. Applicability, agreement.
These General Terms and Conditions (these "Terms") establish the rules applicable to your use of S GOBERT EURL Services, including, but not limited to, (1) membership in an 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, successfully completing surveys (collectively the « Services »).
In these terms and 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 Terms and 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. Membership eligibility.
Panel membership is generally open to persons meeting membership criteria, including, but not limited to, minimum age requirements and geographic location. Membership criteria for a Panel may differ for each Panel. We only allow one email address per member. S GOBERT EURL may refuse to provide Services to a member at any time for any reason or even without reason.
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. Participation in surveys is voluntary. By agreeing to become a Panel member, you consent to receive invitations to participate in surveys. Furthermore, 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 can 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 in good faith all required information. 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 a relationship of agency, partnership, joint venture, employer-employee, or franchisor-franchisee.
5. Unauthorized uses.
You agree not to: (i) use Web search engines, robots or any other data mining technique that could allow you to catalog, download, store or otherwise reproduce or distribute data or content available when connecting with the Services, or to manipulate the results of a survey, drawing or contest; (ii) take actions intended to compromise the operation of websites or the use of a website by a third party, including, but not limited to, by saturation, "flooding", "email bombing" or "crashing" of 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 identifies 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 a website with another website or modify the appearance of any website or frame any part of a website with another website or modify the appearance of any website; (ix) establish links from other websites to any page of the Site, 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 Site's homepage; (x) display or transmit any threatening, slanderous, defamatory, obscene, scandalous, or provocative material or content, or any material or content that may 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 may in any way violate applicable Laws (as defined herein); (xii) reverse engineer any Website or take or undertake any procedure likely to reveal or disclose source code, or circumvent or bypass measurement instruments or control means intended to prohibit, restrict or limit access to any webpage, content or code, except as expressly permitted by applicable Laws; (xiii) engage in any criminal act; or (xiv) use Reserved Content (as set forth 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 accept that S GOBERT EURL cooperates fully with any legal request for disclosure (e.g., court order or subpoena).
6. Limited access content.
In the course of using, accessing and/or participating 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 to clients of S GOBERT EURL, 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 Restricted Access Content. You agree to protect the confidentiality and secrecy of 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 Restricted Access Content without the prior written, express and explicit consent of S GOBERT EURL. You understand and accept that Restricted Access Content may be subject to and protected by laws, regulations and intellectual property codes. You also understand and accept 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, download, post, or submit in connection with your use of the Services ("User Content"). You are solely responsible for obtaining all 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 only include audio or video material, images or the likeness of the person submitting the user content, and must not include content or materials protected by copyrights or trademarks registered by a third party. User content must not include audio, video material or the likeness of any person other than the user. You will receive no compensation for any user content.
By using, downloading, 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 in any manner whatsoever your User Content.
You are solely and exclusively 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 Terms; (ii) the Content violates copyright or trademark laws; or (iii) if the Content is abusive, defamatory, obscene, or unacceptable.
8. Rewards Programs.
In the course of using the Services, you may receive money for your participation. You must accumulate a minimum of 20.00€ to be eligible for withdrawal of your earnings. Balances below 20.00€ cannot under any circumstances be claimed. In the event that S GOBERT EURL ceases its activities, balances below 20.00€ cannot under any circumstances be claimed.
In the course of using the Services, you may receive rewards and incentives and/or participate in drawings or advertising lotteries. The information, official rules and terms applying to rewards, incentives, drawings or advertising 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 update.
Panel members agree to notify S GOBERT EURL without delay of any changes relating to the information contained in their member profile. Panel members agree to review and update their member profile as often as necessary, 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 sending an email to the relevant Panel member services team for the Panel in question.
10. Withdrawal Policy.
Panel members may withdraw from their membership in the use of the Services at any time (including, but not limited to, receiving newsletters or communications) 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 sending an email to the Panel member services team. S GOBERT EURL must make reasonable efforts to read and respond to any request submitted by email within a reasonable timeframe. Upon termination, the Panel member's contact information will be deleted from any future communication list or contact list. Please allow a few days for the 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 following an unsubscribe request, termination, or withdrawal request ("Privacy Policy ").
11. Links.
In the course of using 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, before or at the time of 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. Respect for Privacy.
S GOBERT EURL takes your privacy very seriously. For any 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 GUARANTEE THAT THE TOOLS, TECHNOLOGIES, OR FUNCTIONS CONTAINED IN THE SERVICES OR THAT ANY CONTENT, MATERIAL, COMMENTS, INFORMATION, AND/OR SERVICES CONTAINED HEREIN WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SYSTEMS OR SERVER(S) SUPPORTING THE SERVICES AND ENABLING THE SERVICES TO BE PROVIDED WILL BE CORRECTED, OR THAT THE SERVICES AND/OR SYSTEMS AND/OR SERVER(S) PROVIDING 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 TO, OR USE OF, THE SERVICES.
15. Modifications.
Hereby, S GOBERT EURL reserves the right, at its sole discretion, to make changes to these Terms. S GOBERT EURL recommends that you review these Terms regularly. S GOBERT EURL will obtain your consent before making changes that require your agreement. For any changes that do not require your agreement, your continued use of the Services, your access and/or your participation therein will signify your acceptance of the updated Terms.
16. Compensation.
You agree to indemnify, defend and hold harmless S GOBERT EURL, its parent company, its 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 fees and court costs arising from or resulting, directly or indirectly, from the following actions: (i) your non-compliance or violation of these Terms; and/or (ii) your use of the Services, your participation and/or your access to them.
17. Limitations 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 DAMAGE.
ANY CLAIM OR CAUSE OF ACTION ARISING FROM OR RELATED TO YOUR USE OF THE APPLICATION, SERVICES AND/OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION HAS OCCURRED.
18. Compliance with applicable laws.
You understand and accept that you will comply with all international, national, federal, public and/or local laws, codes, regulations and/or requirements in force (« Applicable Laws ») with respect to your use of the Services, your participation and/or access to them.
19. Suspension, termination, deactivation of panel accounts.
Both parties may terminate your membership in a Panel at any time, for any reason or cause whatsoever, without incurring any liability.
Any use of a VOIP telephone number or similar to a "disposable" number will result in the exclusion of the member.
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 therein if you breach or violate these Terms. Termination by S GOBERT EURL of your membership due to a breach or violation of these Terms 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 therein 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 Terms and Conditions by a non-member, the non-member of the Panel 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 automatic 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 the purposes of these Terms, "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 by you or by S GOBERT EURL (for a reason other than a violation of these Terms and 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. Employees of S GOBERT EURL.
A. Restriction.
S GOBERT EURL employees and their immediate family members (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 solely 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, access, or participation in the Services. If altered, false, or inaccurate information or data is to be used, the Chief Executive Officer of S GOBERT EURL must provide prior consent and approval.
C. Inappropriate behavior.
Except with written authorization from the Chief Executive Officer of S GOBERT EURL, violation of the conditions of Article 20 by an employee of S GOBERT EURL and/or a close relative constitutes a violation of S GOBERT EURL's code of conduct, and may result in disciplinary sanctions against that employee, including, but not limited to, dismissal.
21. Avis.
A. Notice from you to S GOBERT EURL.
Except as otherwise provided herein, or in accordance with applicable law, all notices to be transmitted 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 dispatch); 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 team of the relevant Panel member services.
B. Notice from S GOBERT EURL to your attention.
Except as otherwise required by applicable law, you agree that S GOBERT EURL may transmit notices to you: (i) through 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 of email transmission, provided that S GOBERT EURL does not receive an error message stating that the email is delayed, that the email address is not valid, or that 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 consult the relevant Website(s) to check for notices, and to keep your personal information up to date.
C. Legal notices.
In accordance with Article 21.A. of these Terms and Conditions, any question relating to these General 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 provision or term of these General Terms and Conditions is found or declared to be invalid or unenforceable for any reason whatsoever and by any court of competent jurisdiction, such provision shall be deemed null and void and shall not 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 laws; 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 will be subject to the competent court of Paris, which is given territorial jurisdiction.
24. Conditions diverses.
The headings contained in these Terms are provided for reference only and have no effect whatsoever on the interpretation and/or application of these Terms. If S GOBERT EURL failed to enforce these Terms, you would not be relieved, released, or prevented from remedying such non-compliance and S GOBERT EURL would 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, any terms or policies referenced or incorporated therein, and any conditions specific to a Panel, constitute the entire agreement and understanding between S GOBERT EURL and you with respect to the subject matter hereof.