General Terms and Conditions of Use/Sale
Gossy.fm is a website created by EXANOV SARL to allow users of that site to access a social network of virtual encounters on the site or on the mobile application derived from it.
These General Terms and Conditions of Use/Sale are governed by the Law on Trust in the Digital Economy, known as the 'LCEN Law’, of 21 June 2004.
Article 1 - Definitions
"Content": All elements created, modified or deleted by the user and concerning his personal information and data, texts, photos, videos, personal data forms, e-mail address or any other elements liable to be put online on the GOSSY network and accessible to other users.
"Data": Any information concerning an identified or identifiable person.
"Company" : EXANOV SARL, the operating provider of the Services proposed by GOSSY via its site gossy.fm and its mobile application. In these GCU/GCV, the Company may be referred to indiscriminately as EXANOV or GOSSY.
"User": A real, private person, with or without a personal account and having access to the community service of the GOSSY network, regardless of the location thereof and regardless of the method used to connect to the GOSSY website.
"Parties" : EXANOV and the user of the Gossy.fm website.
"Host": A legal person providing storage for the signs, writing, images, sounds or messages of any nature that are to be made available to the public by online communication services and are provided by the intended recipients of those services.
"Site": website for the social network of virtual encounters created by EXANOV and accessible via gossy.fm and its domain name extensions.
"Mobile application": Mobile application entitled GOSSY for Android and/or iPhone created by EXANOV.
"Service": All functionalities and services provided by GOSSY on the website and the mobile application.
"Personal Account": refers to the personal data pertaining to the User, including his username, password and e-mail address. Creating a personal account is mandatory in order to be able to access all community functionalities and to be able to participate actively in the services of creating a profile, chatting, exchanging by private message and taking out a GLOSSY VIP subscription. Registration also affords certain advantages when using services that do not require registration per se.
"Password": refers to confidential information, which the User must keep a secret. It allows the User, when used in combination with the latter’s e-mail address, to prove his identity and access the services offered by GOSSY that require a personal account. The password is the same for both the website and the mobile application.
"Username" or "Nickname": designates the name chosen by the User and used to represent him during the use of the services proposed by GOSSY. Nicknames must not be vulgar, racist, anti-Semitic, crude, insulting, defamatory, aggressive, obscene or pornographic, violent or inciting violence or commercial in nature. They must be anonymous.
If a nickname does not meet these requirements, EXANOV may modify it or may delete the account. If the User does not define a nickname at the moment he creates his personal account, GOSSY reserves the right to create the User's nickname based on the e-mail account provided. The username is the same for both the site and the mobile application.
Article 2 - Subject-matter hereof
This document sets out the General Terms and Conditions of Use for the GOSSY website, both on the site itself and on the mobile application, as well as the General Terms and Conditions of Sale for persons subscribing to Gossy.fm. They shall apply to the exclusion of all other terms and conditions.
All persons accessing and using the Services provided by GOSSY, via the internet or on a mobile device, undertakes to accept and abide by the contents hereof, without reservation.
EXANOV shall be authorised to modify the contents hereof, and shall not be obliged to inform the User of such modifications, nor of the date on which they take effect.
Accordingly, Users are invited to familiarise themselves with the text of the GTCU/GTCS and to consult it regularly in order to stay informed of any changes.
The services provided by GOSSY are available in English, French, Spanish, Portuguese and Italian for the website, and in French only for the mobile application. The community website is currently available in France and throughout the world.
Users undertake to respect applicable legislation in their own country as well as the legislation and regulatory provisions of France.
The GTCU/GTCS are available solely online from the GOSSY website and/or the mobile application.
Article 3 - Services proposed by Gossy.fm mobile application and website
3.1 3.1 Community website for virtual encounters
Users with a personal account have access to the chat function on Gossy.fm. Online discussions are possible solely between Users who have been recognised and accepted into the same social network. In accordance, the User shall bear full responsibility for the Content he produces and communicates to third parties via the Chat. GOSSY may not under any circumstances be held liable for any Content distributed and transmitted via the Chat.
Although GOSSY neither approves nor rejects the opinions expressed by Users in Chats, GOSSY reserves the right to delete any message or prevent any operation by a User liable to disturb the proper functioning of its network.
In this regard, GOSSY reserves the right to exclude (whether temporarily or permanently) any User whose behaviour interferes with the proper functioning of the Chat and to bring legal proceedings if an offence is committed.
3.1.2 Profile and private inbox
All Users aged 13 and over and holding a personal account are entitled to publish a Profile, at their sole responsibility, allowing them to add additional personal details concerning their identity or their personal or professional activities, together with videos or photos.
Users may host and personalise their profile as they see fit. Nonetheless, GOSSY is keen to remind Users that their profile must not contain any information in breach of public order or public decency. Users also undertake to moderate their comments as a matter of course.
Users can create a group of “friends” on their profile. This will enable them to see the latest news and publications from their friends from their personal space. Users may make 5 “friend requests” per day for “freemium” use, and an unlimited number for GOSSY VIP members.
Profiles are public and may be viewed by all other GOSSY Users with a personal account. Users may not change the visibility rules for their profile. Users are therefore aware that their profile is visible to everyone.
As a feature of their personal account, Users have a private inbox. Users undertake not to send any messages that fail to respect the spirit of these GTCU/GTCV, even as part of private correspondence. Users may also use the “gossy messenger" service to chat online on the Gossy.fm website.
GOSSY provides Users with an area devoted to receiving questions about the various services proposed on the site, in order to provide answers to the most commonly-encountered questions.
GOSSY will strive to reply as quickly and as precisely as possible to each question asked. However, Users may not seek redress from GOSSY owing to a delayed response or no response at all.
3.3 Presentation of GOSSY VIP and Subscription to Services
3.3.1 Presentation and terms and conditions of subscription
GOSSY VIP is an optional paid service accessible from the website and the mobile application for Users with a personal account.
Subscribing to GOSSY VIP grants access to additional services over and above those offered on the website.
To terminate their GOSSY subscription, Users must unsubscribe directly from the payment site (cf. Art. 11). Merely closing one’s GOSSY personal account does not unsubscribe the User.
It is essential and mandatory that Users terminate their subscription in order to stop the weekly billing. Failing this, subscription fees will continue to be deducted under the terms and conditions set out herein, and the User may not bring any proceedings for damages in this respect.
GOSSY VIP is reserved for Users with a bank account or a contract with an internet service provider (ISP) or a mobile operator taken out in their own name.
Any minors and any adults under legal guardianship wishing to subscribe to the “GOSSY VIP” paid service must obtain prior written, dated and signed authorisation from their parents (or legal guardian). Any subscription to GOSSY VIP shall entitle GOSSY to assume that the minor subscriber or adult subscriber under legal guardianship has secured that authorisation in the form required by GOSSY. GOSSY may thus request that this authorisation be furnished at any time.
Users with a personal account and subscribed to GOSSY VIP may:
- place their photo online without it being moderated in advance. This photo will be verified after the event;
- personalise the wallpaper of their profile using a skin, which may not be moderated unless it is reported by another User;
- benefit from priority visibility for their profile for searches run by other Users;
- benefit from webcam access to chats with unlimited broadcasting and viewing rights;
- benefit from an unlimited number of conversations, flashes and requests to add a User to their contacts;
- avoid intrusive advertising on their GOSSY page.
Special subscription offers, also known as welcome offers, may be run by Gossy for a limited time, on an ad hoc and unscheduled basis, for any reason whatsoever and without having to justify that reason.
These offers will consist of one week's free subscription for all GOSSY VIP members. Thus, in practice the offer will work as follows: users subscribing during the welcome offer period will not have their subscription fees deducted for the first week of their GOSSY VIP membership but, from the second week onwards, will have their subscription fees debited automatically in accordance with the payment method selected (unless the User requests the termination of their subscription to the paid services, as set out in Art. 11 hereof).
3.3.2 Payment modules
GOSSY offers various payment modules, and Users undertake to familiarise themselves with these methods before taking out any subscription and to respect the general terms and conditions of service or of sale applicable to the payment module chosen.
22.214.171.124 The payment methods offered by Gossy.fm for subscriptions via the website are as follows:
- Users based in France must pay by Internet+. They will be charged the sum of €1.99 incl. tax directly every week on their internet and/or mobile account. Once the subscription has been taken out, it will be renewed automatically every week by tacit agreement.
GOSSY will not withdraw any sums directly from the account of the User. Thus, in order to terminate their subscriptions, Users must contact their mobile and/or internet service provider directly.
- For Users in other countries, payment for the subscription may be made via PayPal, without commitment to renew or repeat payments, under the following conditions:
-€17.90 incl. tax for a subscription of 3 months;
-€28.90 incl. tax for a subscription of 6 months;
-€39.90 incl. tax for a subscription of 12 months.
- Users from other countries must either:
- use the PayPal system under the conditions set out above, it being specified that if GOSSY receives a notification of non-payment from the PayPal account of the GOSSY VIP User, GOSSY may terminate that User’s GOSSY VIP status without further ado; The User will nevertheless keep his username and personal account, but shall be entitled to use solely the free services provided by GOSSY;
- use the SMS+ system: this grants Users access to the GOSSY VIP paid services by sending a premium-rate SMS, which is a text message charged directly to the User’s telephone bill. This system allows weekly subscriptions, priced at €1.99 incl. tax, which must be renewed every week in order to remain subscribed to GOSSY VIP.
126.96.36.199 Users wishing to subscribe via the mobile application may opt for the following payment methods:
for the Android mobile application:
- subscription via Internet+ for Users resident in France: ensures subscription fees are added to the bill from the mobile operator or internet service provider (cf. 188.8.131.52 above);
- subscription via Google Wallet* for users from all countries except France. (* price may vary depending on country, cf. Google Play Store) – Monthly subscription with tacit renewal.
- for the iPhone application: subscriptions may be taken out on iTunes via the Apple Store placed online by Apple to enable mobile applications to be downloaded and to manage the payment methods for any software thus downloaded. (price €1.99 incl. tax for the European Union – price may vary for other countries, cf. Apple Store). Weekly subscription with tacit renewal
Article 4 - Registration and Access to the website and the mobile application
4.1 Access & Availability of the Website and the mobile application
In order to access the Website and/or the mobile application, Users must have a computer system, software and telecommunication facilities, which must be configured to allow the correct operation of the internet or the mobile application. This system and the associated telecommunications costs shall be borne solely by the User, who warrants that he is familiar with the method of using the internet and the concept of mobile applications.
Thus, GOSSY shall make all reasonable efforts to ensure the website and mobile application remain accessible 24 hours a day, 7 days a week, with the exception of interruptions (whether planned or not) as required for maintenance or in the event of force majeure. GOSSY is bound by an obligation of means and may not be held liable for any loss or damage of any nature whatsoever resulting from the unavailability (even temporary) of the Website or the mobile application.
EXANOV reserves the right to refuse access to the site (whether temporarily or permanently), to a page of the site or to a service of the GOSSY website and/or mobile application without informing the Users and may not be held liable for any loss or damage of any nature arising as a result.
4.2 Registration and creating a Personal Account
Some community services require mandatory registration, by completing a registration form. blog, chat, profiles, (list is non-exhaustive).
During registration, Users will be asked to fill in certain mandatory fields in order to validate their account, and to create a username (nickname) and a password. Users can choose their username when they register. Users can then use their unique username to access all GOSSY services.
Accepting this form by following the validation procedure provided places Users under obligation to:
- Guarantee that all information they provide is correct (authentic, accurate, complete, up-to-date, etc.); Users undertake in particular to refrain from usurping another person’s identity or creating a false identity so as to mislead GOSSY or third-party Users;
- Enter a valid e-mail address and their date of birth and all personal details required concerning them; Users thus undertake to refrain from lying as to whether they are majors or minors;
- Accept these GTCU and the community charter accompanying the service where applicable.
Each User is responsible for creating, preserving and using their nickname and password, which are personal to them and must not be disclosed to third parties. If any User has the impression that their nickname and password are being used fraudulently by a third party, they must inform GOSSY without delay at this address: http://www.gossy.fm/contact.
Users acknowledge and accept that they are solely liable for the uses to which their nickname and password are put. If an account is used fraudulently, GOSSY may suspend or delete that account.
Having a personal account is mandatory in order to be able to subscribe to the paid services proposed by GOSSY.
Users may update their information. However, if the data is false, incomplete, inaccurate or no longer sufficiently up-to-date to enable the services to be provided correctly, GOSSY reserves the right to block that User’s account without notice.
As soon as the form has been validated, Users will receive an e-mail asking to click on a link to confirm their registration. The account can then be accessed by entering the username and the password.
Minors aged under 13 and legal persons are not authorised to register on the site. Minors aged over 13 must obtain the authorisation of their parents or the person(s) with parental authority over them before registering and/or using the Services. Major persons under legal guardianship must obtain prior authorisation from their guardian.
GOSSY reserves the right to request written justification of this authorisation at any time, and to perform any verifications required and delete any Personal Accounts whose minor holders do not furnish that justification immediately, or alternatively within the period allocated. GOSSY will immediately delete a Personal Account if it receives a request from the parents of the holder to close that Personal Account and the Content associated with it.
Article 5 - Obligations of Parties
5.1 Obligations of GOSSY
Generally speaking, the User acknowledges that the characteristics and restrictions of the internet and of mobile applications mean that GOSSY cannot guarantee the security, accessibility, availability and integrity of data transmissions via internet and mobile applications, or the protection against any forms of contamination by viruses and/or attempted intrusions. Users are responsible for backing up their own systems.
EXANOV shall be under no general obligation to monitor the content transmitted or stored via the Website and/or the mobile application. The only obligations inherent in EXANOV's status as host shall be to combat certain types of content in accordance with the procedure described in the Abusive Content section (Article 7.2) and to conserve connection data.
If a User reports specific or tendentious behaviour or content, GOSSY reserves the right to act to bring the behaviour or content to an end, albeit without obligation to act within a particular time. GOSSY shall not be obliged to act on such a report if it deems that no action is necessary.
Users disclose and distribute their information and Content (data, text, images, photos, etc.) on the Website and the mobile application at their own initiative. Accordingly, EXANOV may not be held liable for any breach of image reproduction rights, damage to reputation or interference with private life by reason of the disclosure and distribution of information or content concerning the User under the terms and conditions set out herein where the User has freely and expressly consented to that information being disclosed and distributed by virtue of using the services of the Gossy website or application.
5.2 Obligations of the User
Users undertake to abide by all the rules set out herein when using the services of the website and the mobile application. In particular, they undertake to refrain from creating, distributing, transmitting, communicating or storing (in any manner whatsoever and regardless of the recipient) any illegal content or defamatory, offensive, discriminatory or derogatory statements or any statements contrary to public order.
They also undertake to respect the private life of all users and not to breach the rights of third parties.
Users undertake to refrain from breaching in any manner whatever any of the intellectual property rights pertaining to the GOSSY website, the GOSSY mobile application and their content and services.
They undertake in particular to refrain from reproducing, copying, broadcasting, distributing, communicating, transferring or representing on any other website or any other commercial medium the elements and contents of the Website or the mobile application and their services.
Users undertake to refrain from hindering, disturbing, misusing and more generally acting in a manner inconsistent with the ‘normal, intended’ use of the website or the mobile application.
Where Users choose to make use of the community services of the Website and/or the mobile application, and more generally whenever they participate in content with a view to its distribution on the Gossy.fm website and mobile application, they accept that that distribution may be screened by various moderators.
In accordance with Law 2004-575 of 21 June 2004, users are encouraged to report any elements of content that may be illegal in nature (Article 7.2).
If a User is in breach of some or all of their obligations, GOSSY may interrupt or terminate without notice their personal account and their access to the site, whether temporarily or permanently, and/or any content or blogs published by that User on the site, and the User may not claim any damages in respect of this.
Article 6 - Liability of the Parties
6.1 Liability of GOSSY
The information provided by Users on Gossy.fm may be incorrect. EXANOV may not be held liable for this.
EXANOV will devote the resources required to provide a good-quality website, mobile application and services. Nonetheless, EXANOV may not be held liable for any unavailability, failure, modification or error occurring during the use of the website, mobile application or services, with the exception of those set out in the specific terms and conditions for certain services.
EXANOV may not be held liable for any direct or indirect loss or damage of any nature whatsoever occurring during the use of its website or its service, except for any loss or damage resulting from a failure to abide by its obligations.
EXANOV may not be held liable for any relations (whether contractual or otherwise) between advertisers/partners and users of its websites and services unless contractually stipulated to the contrary.
EXANOV is not liable for the usage of websites or mobile applications from third parties to which the User may gain access via GOSSY. However, if the User accesses illegal or harmful third-party websites or mobile applications via GOSSY, they must inform EXANOV immediately in order to have the access to those sites via GOSSY removed: http://www.gossy.fm/contact
EXANOV may not be held liable for any intrusions, downloads, redirects and/or piracy of data transmitted, including the Content of the User. EXANOV may not be held liable under any circumstances for any loss or damage of any nature whatsoever that is accidental or suffered by the User or third parties, whether caused by third parties or not.
GOSSY may not be held liable if a subscribing User closes their account but does not unsubscribe from the paid services and thus continues to be charged subscription fees. The User shall be solely liable in this case, because they deliberately ignored the alert sent when they closed their account informing them that closing their account did not unsubscribe them from the paid services and referring them to Article 11 hereof.
6.2 Liability of the User
Each User is responsible for the use they make of the services provided by GOSSY. They are solely liable for any losses or damage to data suffered by themselves or by another User. Users expressly acknowledge that they use the website entirely at their own risk.
As suppliers of Content for the website and/or the mobile application, Users are bound to comply with applicable legal and regulatory provisions and the GOSSY community charter. They must ensure that the storage and distribution of Content via the website or mobile application do not constitute (inter alia) a breach of the intellectual property rights of third parties, defamation or interference with private life or a breach of public order or public decency.
Given the community character of the website and the mobile application and to respect the sensitivities of the persons accessing them, Users are bound to observe a certain code of ethics with regard to the videos and/or comments they place online, and in particular to refrain from distributing any violent or pornographic.
Users are solely liable for the Content they display via the services in any manner whatsoever. In any event, EXANOV may not be held liable or called to account for any Content placed online by Users or for any loss or damage resulting from the use of Content displayed or transmitted via the website or the mobile application.
Users undertake to refrain from using the Service proposed by GOSSY otherwise than for its intended purpose. Users are responsible for ensuring that their behaviour towards other Users is legal and conforms with all applicable legislation. Generally speaking, Users undertake to comply with all applicable laws and regulations concerning the fight against paedophiles or against any other behaviour liable to cause serious harm to human dignity.
If EXANOV is sought to be held liable for any breach by the User of the legal and/or contractual obligations incumbent on them, the User undertakes (by accepting these GTCU) to hold EXANOV harmless from any sentence that may be pronounced against it.
Article 7 - Moderation and Reporting Abuse
7.1 Checks by EXANOV
EXANOV shall not be obliged to perform general checks on all Content published, in any form whatsoever, by Users on the website or on the mobile application. Each User is solely liable for the Content they publish on the website or on the application.
Nonetheless, EXANOV may carry out unannounced and ad hoc checks in advance of publication, and this shall not be deemed to constitute an obligation of results incumbent on the Company.
7.1.2 Moderation after publication
EXANOV shall be free to carry out any checks at any time on some or all of any Content or blogs after they are published or referenced. GOSSY shall be free to refuse to publish any Content and reference any blogs and to delete without notice any Content published or blogs referenced by Users and Users shall not be entitled to claim compensation in this regard, particularly if the Content or blog in question does not comply with these General Terms and Conditions.
Since profile pictures are not mandatory, if Users choose to publish one, GOSSY shall subsequently check the profile pictures of all new members or all existing members modifying their photo.
If a picture is used by a GOSSY user or a GOSSY VIP member, that picture must comply with public order and public decency, the ideas of the website and best practices, and must be a physical depiction of the person in question that makes it possible to identify them. Pictures must not be protected by any rights not held by the User. In the event of dispute, Users shall be solely liable for placing their picture online.
If a picture is reported as unacceptable by a User of GOSSY, that report will operate to block the picture in dispute being place online until it has been approved by GOSSY.
If any Content is rejected by GOSSY, an e-mail will be sent to the member in question informing them of the reasons for that rejection and reminding them of the moderation charter, along with the general terms and conditions of use.
7.1.4 Semantic moderation
For the Chat service, GOSSY has compiled a list of prohibited words (chiefly insults) to enable all terms judged not to be in conformity with the rules on moderation to be rejected or replaced automatically with asterisks or other signs in order to preserve the quality of content and the collective nature of exchanges, as well as to ensure constructive debates and to allow all subjects to be addressed in the greatest diversity possible. GOSSY reserves the right to apply this moderation system to all its community services.
Comments must be courteous and respectful. The following will thus be rejected:
- content containing attacks or insinuations based on race, religious beliefs or the lack thereof, ethnic origins, gender or sexual orientation;
- insults, harassment and defamatory statements concerning real or legal persons;
- obscene content involving offensive, aggressive or pornographic statements;
- any hyperlink that directs to contains obscene, aggressive or pornographic content;
- any content in breach of copyright or similar rights, rights involving databases, image reproduction rights or the right to private life, or that breaches any other applicable legal or regulatory provision;
- messages written in a foreign language.
7.2 Collaborative checks: Reporting Abuse
Any User encountering prohibited or illegal content as defined by these General Terms and Conditions, applicable laws and regulations, the rights of third parties and/or public decency must inform GOSSY immediately.
This may be done by e-mail to firstname.lastname@example.org or by clicking on the link "Report abuse" featured on every page.
Therefore, Users accept that the Content they publish on the Website is liable to be reported by another User and checked and/or moderated by GOSSY.
If Content is reported and/or breaches these GTCU, GOSSY may delete it and terminate the personal account of the User in question.
Users are hereby informed that abusively reporting content as illegal is an offence, sanctioned by the Law of 21 June 2004 on Trust in the Digital Economy. The editor will retain the IP address of any Users reporting content and the date and time of that report.
7.2.2 Deleting illegal or prohibited content
GOSSY may delete from the website or the mobile application, without notice and either temporarily or permanently, any content that is manifestly illegal or prohibited that has been published in any community section of the website but under conditions that do not conform with these General Terms and Conditions, and Users may not claim any damages or compensation in respect of this.
GOSSY may also delete the account of the User concerned in this circumstance.
GOSSY undertakes to remove any content reported by a User as soon as possible, provided that GOSSY also considers the content to be prohibited.
If the content in dispute is taken from a referenced blog, GOSSY may furthermore suspend without notice the referencing of the blog in question and the publication of all the content of that blog on the website or the mobile application.
GOSSY may, if so requested by a judicial authority, communicate any information in its possession concerning any User having contributed to the publication of such Content, such as that User's IP address, e-mail address and dates and times of connection to the website or the mobile application.
7.3 Protection of minors
GOSSY may send warning messages to minors in order to tell them to remain vigilant and to ask for their parents’ permission whenever a major User wishes to contact them, add them to their friends list or send them a private message.
Parents (or persons holding parental authority) are reminded to supervise how their children access the Service, particularly the Paid Services, and to keep in mind that the Services in question are addressed to a broad audience and that as parents they are responsible for determining which services are appropriate for their child(ren) and for monitoring the use made of those services.
GOSSY hereby restates that browsers and certain specific software packages can be used to filter access to sensitive or unsecure content. Parents are solely responsible for acquiring, using and configuring such filter systems.
A default filter is also applied: this filter allows persons aged 18 or over to communicate with all users of the same age or older. A tolerance will be granted to major users under the age of 25 to enable them to communicate with minors aged 16 or over. Users aged between 13 and 16 may not communicate with majors.
GOSSY recommends that parents or legal guardians check regularly that the filter installed has not been reconfigured by minor or major users without their prior consent. GOSSY may not be held liable if this occurs.
Article 8 - Intellectual Property
8.1 The GOSSY website and mobile application, its content and services, its software, designs, models, databases and its trademarks and logos are covered by intellectual property rights. All these elements are the exclusive property of EXANOV.
EXANOV, which publishes the GOSSY website and mobile application, grants Users solely a usage right in respect of its website and services, and therefore reserves the right to use, distribute, transfer and perform any other operation on the elements constituting its site, its website, its mobile application and its services. This non-exclusive, non-transferable usage right is granted across the entire world and for the duration of use.
Distinctive signs, including registered trademarks cited on the website, are covered by exclusive rights and thus may not be reproduced without the consent of their owners.
Any Content placed online by a User shall remain the full and entire property of that User, together with any liabilities concomitant therewith. GOSSY shall not acquire any property rights in respect of User Content.
However, where a User makes their Content accessible to other users (taken individually or as a group), they grant those other users the free and exclusively personal right to view that Content on the website or the mobile application, or on other electronic communication media (including mobile telephones) via the website or the mobile application, for the entire period that Content is hosted on the website and/or mobile application.
Furthermore, for the period the User’s Content is hosted, the User authorises EXANOV to reproduce/represent that Content and, where required, to adapt the format in order to comply with the Website’s style guide and to make it compatible with the technical configuration or format of the media concerned. Moreover, Users authorise EXANOV to access that Content whether voluntarily or for valuable consideration, and to make it available to third parties. These rights are granted by the User to EXANOV for the entire world and for the entire duration of the hosting of the Content.
Furthermore, Users are prohibited from copying, reproducing and/or using Content belonging to other internet users other than for the strict purpose of using the Services of the website or the mobile application for personal and private purposes. If Users wish to make alternative usage of the Content of another User, particularly if that usage is commercial, they must contact the other User to obtain the necessary authorisation.
The games and images shown in the Games zone of the site are the property of their respective authors and may thus be deleted on simple request from the latter.
Article 9 - Respect of private life
EXANOV has filed a declaration with CNIL [French data protection authority] concerning the gathering and processing of nominative information pertaining to Users/members, in accordance with the Law of 6 January 1978 on Information and Freedoms and as stipulated by legal provisions.
EXANOV undertakes to do everything in its power to protect the personal data of members as communicated during registration and potentially modified thereafter, but the company may be required to transmit this data to the personnel of GOSSY or service providers for technical reasons.
Article 10 - Termination of User accounts
Personal accounts are opened for an indefinite period, until the member decides to terminate the account himself, for which no justification is required.
GOSSY may terminate a User’s personal account or suspend their access to various services automatically in the following circumstances (this list is not exhaustive):
* Failure to respect these General Terms and Conditions of Use or the community charter;
* Fraudulent use of a member account;
* Breach of applicable laws or regulations;
* Distribution of illegal content or content with no connection with the GOSSY service (pornography, vulgarity, defamation, racial discrimination or incitement to violence or racial, religious or ethnic hatred);
* Use, copying or distribution of works protected by copyright without express permission;
* Use of GOSSY for another purpose than the designated purpose of the website: a social networking website for virtual encounters.
Access to some or all of the site may also be restricted or prohibited to any person who fails to comply with these General Terms and Conditions of Use.
It is furthermore restated that the termination of a User account by GOSSY for failing to comply with these Terms and Conditions shall not exempt that User from having to unsubscribe from any paid services in accordance with the provisions of Article 11.
Closing one’s account does not equal unsubscription. Thus, any User terminating and closing their GOSSY personal account must also unsubscribe from GOSSY VIP to prevent continuing to be invoiced on a weekly basis. Failing this, the User will continue to be charged for the services. Sums paid may not be contested or reclaimed in any way, nor may they be deemed to constitute losses suffered.
Article 11 - Terminating GOSSY VIP subscriptions
Users subscribed to GOSSY VIP may terminate their subscription solely by approaching the relevant department of the payment module selected during their subscription to this end.
However, in the interests of facilitating the process for subscribed users, GOSSY will provide the following links for accessing the sites required for unsubscription directly:
- Internet+: users should contact their mobile operator or internet service provider directly to request their unsubscription from GOSSY VIP. An unsubscription procedure is also available on the following website: http://www.infoconso-multimedia.fr
- Google Wallet: to terminate their subscription, Users should contact Google Play directly. Subscribers can use the following link to do this: https://wallet.google.com/customer/tos/ viewdocument.html?family=0.buyertos&gl=FR
- Paypal: For all unsubscriptions, Users must go directly to the following site and follow the instructions for unsubscribing for their own country of residence: https://cms.paypal.com/fr/cgi-bin/ marketingweb?cmd=_render-content&content_ID=ua/Legal_Hub_full&locale.x=fr_FR
- ITunes/Apple Store: to cancel their subscriptions, Users must contact the Apple Store directly, via the following link: http://store.apple.com/fr/open/salespolicies
Users who have terminated their GOSSY VIP subscription may no longer access the additional services on the website but their personal account will remain active and they may continue to use all the free services proposed by Gossy.fm.
Article 12 - Force Majeure
Neither Party shall be liable to the other in the event of failure or delay in the performance of any obligation hereunder caused by the occurrence of a case of force majeure as recognised by French jurisprudence. In the event of force majeure, the obligations of these GTCU shall be suspended for the entire duration of the force majeure. However, if the case of force majeure continues for longer than 30 (thirty) consecutive days, either Party may terminate the account by sending an e-mail to the other Party informing them of their decision.
Article 13 - Partial invalidity
If one or more clauses hereof were to be held invalid or void, for any reason whatsoever, this shall not affect the validity of the other provisions, which shall retain their full force and scope.
The clause held to be void or invalid shall be replaced by a clause that reproduces the content of the previously invalidated or avoided clause as closely as possible. In this regard, the Parties shall, in any event, strive to negotiate a clause that is economically equivalent.
Article 14 - Applicable law & Competent jurisdiction
These GTCU/GTCS are governed by French law. Any legal disputes arising from the interpretation or performance of these General Terms and Conditions of Use/Sale shall fall within the exclusive jurisdiction of the Court of LILLE, notwithstanding any clause to the contrary, even for claims under warranty and plurality of defendants.