9. User Obligations
Without prejudice to the other obligations provided for herein, the user undertakes to comply with the following obligations:
1. The user undertakes, in his use of the Services, to respect the laws and regulations in force and not to infringe the rights of third parties or public order.
In particular, the user is solely responsible for the proper completion of all formalities, in particular administrative, fiscal and/or social formalities, and for all payments of contributions, taxes or duties of any kind incumbent upon him, where applicable, in relation to his use of the Services. The liability of Gravite may in no way be engaged in this respect.
2. The user acknowledges having read the characteristics and constraints, particularly technical, of all the Services on the Digital Material. The user is solely responsible for his use of the Services.
3. The user is informed and accepts that the implementation of the Services requires that he is connected to the Internet and that the quality of the Services depends directly on this connection, for which the user is solely responsible.
4. The user is also solely responsible for the relations that he may establish with other users and the information that he communicates to them in the context of the Services. It is up to him to exercise the appropriate prudence and discernment in these relations and communications. The user also undertakes, in his exchanges with other users, to respect the usual rules of politeness and courtesy.
5. The user undertakes to make strictly personal use of the Services. Consequently, the user shall refrain from assigning, conceding or transferring all or part of his rights or obligations hereunder to a third party in any manner whatsoever.
6. The user undertakes to provide Gravite with all information necessary for the proper performance of the Services. More generally, the user undertakes to cooperate actively with Gravite for the proper execution of the present general terms and conditions.
7. The user is solely responsible for the content of any kind (editorial, graphic, audiovisual or other, including the name and/or image possibly chosen by the user to identify him on the Digital Material) that the user disseminates as part of the Services (hereinafter referred to as the "Content").
The user guarantees Gravite that it has all the rights and authorizations necessary for the distribution of this Content.
The user undertakes to ensure that the said Content is lawful, does not undermine public order, morality or the rights of third parties, does not infringe any legislative or regulatory provisions and, more generally, is in no way liable to give rise to the civil or criminal liability of Gravite.
The user thus refrains from disseminating, in particular and without this list being exhaustive:
- Content that is pornographic, obscene, indecent, shocking or unsuitable for a family audience, defamatory, abusive, violent, racist, xenophobic or revisionist,
- Infringing Content,
- Contents infringing on the image of a third party,
- Content that is false, misleading or promotes illegal, fraudulent or deceptive activities,
- Content harmful to the computer systems of third parties (such as viruses, worms, Trojan horses, etc.),
- And more generally Content that may infringe the rights of third parties or be harmful to third parties, in any manner and in any form whatsoever.
8. The user acknowledges that the Services offer him an additional but not alternative solution to the means that he already uses elsewhere to achieve the same objective and that this solution cannot replace these other means.
9. The user must take the necessary measures to safeguard by his own means the information in his Personal Space that he deems necessary, of which no copy will be provided to him.
10. The user is informed and accepts that the implementation of the Services requires that he be connected to the Internet and that the quality of the Services depends directly on this connection, for which he is solely responsible.
10. User’s Warranty
The user indemnifies Gravite against any and all complaints, claims, actions and/or demands whatsoever that Gravite may suffer as a result of the breach by the user of any of its obligations or warranties under these terms and conditions.
The user undertakes to indemnify Gravite for any prejudice it may suffer and to pay it all costs, charges and/or sentences that it may have to bear as a result.
11. Prohibited Behaviour
1. It is strictly forbidden to use the Services for the following purposes:
- The exercise of activities that are illegal, fraudulent or that infringe the rights or security of third parties,
- Breach of public order or violation of the laws and regulations in force,
- Intrusion into a third party's computer system or any activity that could harm, control, interfere with, or intercept all or part of a third party's computer system, violate its integrity or security,
- The sending of unsolicited emails and/or commercial prospecting or solicitation,
- Manipulations intended to improve the referencing of a third party Digital Material,
- Aiding or abetting, in any form and in any manner whatsoever, one or more of the acts and activities described above,
- And more generally any practice that diverts the Services to purposes other than those for which they were designed.
2. It is strictly forbidden for users to copy and/or misappropriate the concept, technologies or any other element of Gravite's Digital Material for their own purposes or those of third parties.
3. The following are also strictly prohibited: (i) any behaviour likely to interrupt, suspend, slow down or prevent the continuity of the Services, (ii) any intrusion or attempted intrusion into Gravite's digital equipement, database or systems, (iii) any hijacking of the Digital Material's system resources, (iv) any action likely to impose a disproportionate burden on the Digital Material's infrastructure, (v) any breach of security and authentication measures, (vi) any act likely to harm the financial, commercial or moral rights and interests of Gravite or the users of its Digital Material, and more generally (vii) any breach of these general terms and conditions.
4. It is strictly forbidden to monetize, sell or concede all or part of the access to the Services or to the Digital Material, as well as to the information hosted and/or shared therein.
13. Liability and Guarantee of Gravite
1. Gravite undertakes to provide the Services diligently and in accordance with the rules of art, it being specified that it has an obligation of means, to the exclusion of any obligation of result, which the users expressly acknowledge and accept.
2. Gravite has no knowledge of the Content put online by users as part of the Services, on which it does not carry out any moderation, selection, verification or control of any kind and in respect of which it only acts as a hosting provider.
Consequently, Gravite may not be held liable for the Content, the authors of which are third parties, and any claim should be directed first and foremost to the author of the Content in question.
3. Gravite declines all liability in the event of any loss of information accessible in the user's Personal Space, the user must save a copy and may not claim any compensation in this respect.
4. Gravite undertakes to carry out regular checks to verify the operation and accessibility of the Digital Material. In this respect, Gravite reserves the right to temporarily interrupt access to the Digital Material for maintenance reasons. Likewise, Gravite shall not be held liable for momentary difficulties or impossibilities in accessing the Digital Material due to circumstances beyond its control, force majeure, or due to disruptions in the telecommunications networks.
5. Gravite does not guarantee to users (i) that the Services, which are subject to constant research to improve their performance and progress, will be totally free of errors, defects or faults, (ii) that the Services, being standard and in no way proposed solely for the benefit of a given user according to his or her own personal constraints, will specifically meet his or her needs and expectations.
6. In any event, the liability that may be incurred by Gravite hereunder is expressly limited solely to proven direct damages suffered by the user.
14. Intellectual Property
The systems, software, structures, infrastructures, databases and content of all kinds (texts, images, visuals, music, logos, trademarks, databases, etc.) used by Gravite on the Digital Material are protected by all intellectual property rights or database producers' rights in force. Any disassembly, decompilation, decryption, extraction, reuse, copying and more generally, any act of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the authorisation of Gravite is strictly prohibited and may be subject to legal proceedings.
15. Personal Data
Gravite has a personal data protection policy, the characteristics of which are set out in the document entitled "Privacy Statement", which the user is expressly invited to read and agreed on the Digital Material.
Gravite reserves the right to insert on any page of the Digital Material and in any communication to users any advertising or promotional messages in a form and under conditions of which Gravite shall be the sole judge.
17. Links and Third Party Digital Material
Gravite shall in no way be held responsible for the technical availability of Digital Materials or mobile applications operated by third parties (including its possible partners) which the user may access via the Digital Material.
Neither is Gravite responsible for transactions between the user and any advertiser, professional or merchant (including any partners) to whom the user is directed via the Digital Material and shall not be party to any dispute whatsoever with these third parties concerning in particular the delivery of products and/or services, guarantees, declarations and any other obligations whatsoever to which these third parties are bound.
18. Duration and Unsubscription
The Services are subscribed for an indefinite period.
The user may unsubscribe from the Services at any time, by sending a request to this effect to Gravite by email, to the contact details mentioned in article 2.
Unsubscription is effective immediately. It entails the automatic deletion of the user's Account.
Gravite reserves the right to modify these general terms and conditions at any time.
The user will be informed of these modifications by any useful means.
The user who does not accept the modified general terms and conditions must unsubscribe from the Services in accordance with the terms and conditions set out in Article 18.
Any user who makes use of the Services after the entry into force of the modified general terms and conditions is deemed to have accepted these modifications.
In the event of a translation of these general terms and conditions into one or more languages, the language of interpretation shall be the English language in the event of a contradiction or dispute as to the meaning of a term or provision.
These general conditions are governed by French law.
The event of a dispute as to the validity, interpretation and/or execution of these general conditions, the parties agree that the courts of Paris shall have exclusive jurisdiction, unless mandatory procedural rules to the contrary exist.
These terms and conditions came into force on September 1 2022.