General Conditions of Use for the Site www.gva24.com
I. Introduction / Definitions
The present General Conditions of Use (hereinafter referred to as the "General Conditions") define the conditions governing the use of the site www.gva24.com.
The following definitions apply to the General Conditions:
- Advertisements: Text content, photo, promotional video submitted by the Users and published on the Site.
- Comment(s): Text Comments that Users may post on the Site in connection with an Advertisement.
- User Account: Individual or business account opened with GVA24 by a User
- Content: Advertisements, Comments or any other type of original content published on the Site by Users
- GVA24 Content: Any element (other than Your Content and the Content of other Users) included or accessible on and/or via the Site, including particularly any text, graphic, logos, names, trade marks, designations, tabs, functionalities, image. sounds, data, photographs, graphics and any other hardware or software.
- DATA: All of the personal data that a User sends to GVA24 with a view to the opening of a User Account. For the purposes of this definition, the term "Data" comprises all Personal Data within the meaning of article 3 letter a) of the Federal Data Protection Act and, in particular: first name, family name, email address, physical address, telephone number and age.
- Space Charges: a one-off fixed sum that a User must pay GVA24 for the publication of a PREMIUM Advertisement on the Site.
- GVA24: gva24 global video ads Sàrl, a company having its registered office at 28 rue du Grand-Bureau, 1227 Les Acacias , Geneva, Switzerland.
- "PREMIUM" Option: Option permitting You to give Your Advertisements greater prominence (Advertisements shown on the home page of the Site and appearing at the head of the list for each rubric on the Site).
- Site: the whole of the Site available at the URL address www.gva24.com,
- User: Any natural person or legal entity visiting the Site and using its functionalities.
- You/Your: yourself as a User of the Site.
II. Acceptance of the General Conditions
The Site constitutes a platform on which You and the other Users can publish Advertisements in various video formats and enter into direct contact with other Users.
By accessing the Site, you accept and acknowledge that you are bound by the present General Conditions, including any amendments hereto, updates and the Confidentiality Policy of GVA24.
GVA24 reserves the right to amend the present General Conditions at any time and You agree to be bound by any amendments and updates. The amendments and updates decided by GVA24 will be immediately and automatically enforceable against You as soon as they have been published on the Site. It is up to You to consult the Site regularly in order to inform yourself of the latest applicable version of the General Conditions.
Users registered in the name of a legal entity warrant that they have all of the authorisations and powers needed for due expression of the consent of the company, partnership or entity in the name of which a User Account has been opened with GVA24.
The Site is open to Users aged 13 years and over. If You are aged between 13 and 18, You must obtain the consent of Your legal representatives to the General Conditions before being able to use the Site.
IF YOU DO NOT AGREE WITH THE PRESENT GENERAL CONDITIONS, WE WOULD ASK YOU TO LEAVE THE SITE.
III. Registering with GVA24
To enjoy the benefit of certain functionalities of the Site, You will be asked to register with GVA24 and to create a User Account in Your name.
The following functionalities require the creation of a User Account :
- publication of Advertisements;
- direct contact with other Users by email.
On the other hand, You will not be required to have a User Account to consult the Site or to view Advertisements.
IV. Protection of Your personal data
In order to create Your User Account, You will be asked to submit to GVA24 certain information concerning You, namely :
- user name (pseudonym)
- valid email address
- postcode, town
You warrant that Your Data are accurate, precise and up to date. You acknowledge that You are solely responsible for the activity conducted on Your User Account and for keeping it secure and confidential. In particular, it is up to You to keep Your password confidential and not to disclose it to third parties. It is also up to You to warn GVA24 of any breach of the security of Your User Account or any unauthorised access.
By communicating Data concerning You to GVA24, You expressly authorise GVA24 to collect and process such personal data for the purposes of operating the Site.
GVA24 undertakes to comply at all times with the requirements of the Federal Data Protection Act and, in particular, GVA24 undertakes not to transfer Your Data to third parties without first obtaining Your consent to such a transfer. The Confidentiality Policy of GVA24 is applicable and constitutes an integral part of the present General Conditions.
GVA24 shall not be liable for any damage caused by an unauthorised use of Your User Account. On the other hand, You may be held liable for damage suffered by GVA24 or by other Users due to such unauthorised use.
V. Your use of the Site
1. General rules
By virtue of the present General Conditions, GVA24 authorises you to access the Site on the following conditions :
a. You may not under any circumstances alter all or part of the Site or its operation. Furthermore, You must not assist any third parties who may engage in such practices.
b. You undertake not to launch any automated system, including particularly any offline robot, spider or reader. with access to the Internet Site intended to multiply request messages sent to the GVA24 server during a given period of time.
c. You are prohibited from collecting or gathering the personal data of other Users.
d. You are entirely responsible for the Content that you post on the Site and for the consequences of the broadcasting of such a Content.
e. The publication of Advertisements is free of charge. Your Advertisements will be posted on the Site for a period of 30 days with effect from their date of publication.
f. If You pay the Space Charge, You can choose the PREMIUM option, which confers important advantages on Your Advertisement in terms of prominence. PREMIUM Advertisements are shown on the home page of the Site and appear at the head of the list for each rubric for a period of 10 days (renewable). If you do not renew the PREMIUM option, Your Advertisement will lose the PREMIUM benefits after the expiry of the 10 day period. However, they will continue to be broadcast on the Site up to the expiry of a period of 30 days with effect from the date of their publication.
g. You are aware and accept that, by using the Site, You may be exposed to Contents that You consider offensive, indecent or inappropriate. Accordingly, your accept that Your Use of the Site is at Your own risk and peril and that GVA24 assumes no liability for Contents that You consider offensive, indecent or inappropriate.
h. GVA24 reserves the right to remove, modify or deactivate all or any part of the Site at any time.
2. Your Content and the Contents of other Users
In Your use of the Site, you undertake to abide by the following rules :
a. Only Advertisements promoting goods or services that are freely traded in Switzerland will be accepted for publication on the Site.
b. Furthermore, no Advertisement promoting the following goods or services may be published on the Site :
- tobacco products
- medicine sold only on prescription in Switzerland
- on-line betting
- games of chance
- knives and firearms.
c. You undertake not to submit any Advertisement containing any of the following elements :
- any element of a pornographic nature, any image of complete nudity, any image or representation of sexually explicit behaviour (including particularly bestiality, masturbation, sadomasochism, reproduction of sexual organs, paedophilia and necrophilia)
- any representation of violence
- any representation of dangerous or illegal acts.
d. More generally, You warrant that Your Content will not be otherwise contrary to Swiss law, decency and public policy.
e. You warrant that you dispose of the rights and authorisations necessary to use and post any Content that You submit to GVA24 for publication on the Site. You undertake not to post any Content that is protected by copyright, rules relating to the protection of business secrets or by other intellectual property rights, unless You are Yourself the holder of the intellectual property rights concerned or you dispose of all the authorisations necessary for the posting of such a Content on the Site.
f. You are aware that GV24A is under a legal obligation to withdraw from the Site immediately any unlawful Content, the presence of which on the Site has been drawn to the attention of GVA24.
g. GVA24 further reserves the right to decide at its own discretion whether a Content complies with the General Conditions and is appropriate for publication on the Site. You accept that GVA24 may at any time - without prior notice and at its sole discretion - withdraw from the Site any Content and/or deactivate any User Account in the event of the downloading of Content that does not comply with the present General Conditions.
h. GVA24 also reserves the right to report any violation of the General Conditions to the competent authorities.
i. Your use of the Contents of other Users is subject to your prior acceptance of the present General Conditions.
j. Each User may notify GVA24 of the existence of any Content which does not comply with the present General Conditions, particularly where such a Content is unlawful, indecent or in violation of the intellectual property rights of himself or of a third party. Such notifications must be made exclusively via the email address email@example.com.
VI. Intellectual Property
1. Your Content and the Content of other Users
GVA24 does not claim any intellectual property right in relation to Your Contents. You retain all of Your property rights and thus can continue making free use of your Contents after their publication on the Site.
GVA24 expressly declines any liability in relation to Your Content. GVA24 will not tolerate any violation of intellectual property rights on the Site. GVA24 retains at all times the right to withdraw, immediately and without prior notice, any Content which is reported to it as violating the intellectual property rights of a third party.
By submitting Your Content for publication on the Site, You authorise the other Users of the Site to use your Content in conformity with the present General Conditions in so far as and for so long as Your Content is hosted on the Site.
Although GVA24 will seek to protect Your Content against such risks, GVA24 assumes no liability in the event of Your Content being subject to misappropriation or hacking. It is up to You to take all necessary steps to protect Your Content.
By submitting Your Content for publication of the Site, You grant GVA24 a free, worldwide and irrevocable licence authorising it to reproduce, copy and distribute all or part of Your Content by any means of communication presently or in future permitting access to the Site. This licence will remain in force for as long as Your Content is hosted on the Site.
You may access the Contents of other Users solely within the framework of a personal and non-commercial use and in compliance with the terms laid down in the present General Conditions. In particular, You must not under any circumstances attempt to distribute, commercialise, transmit, license, copy or hire the Contents of other Users without having first obtained the consent of the Users concerned.
2. The GVA24 Content
The GVA24 Content is the exclusive property of GVA24 or its licensees. It is protected by copyright and is subject to the laws and regulations applicable in this regard.
GVA24 grants You a personal, non-exclusive, non-transferable licence that is revocable at any time, authorising you to access the Site and to use it in conformity with the present General Conditions. This licence is subject to Your compliance with the present General Condition. The GVA24 Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, sold, licensed or in any other manner exploited without the prior consent of GVA24.
You undertake not to use the GVA24 Content in any way contrary to the present General Conditions. In particular, You are not authorised to modify, alter, translate, adapt or disassemble the GVA24 Content or create works derived from the GVA24 Content.
All intellectual property rights which are not expressly licensed by virtue of the present General Conditions shall remain the exclusive property of GVA24.
VII. Space Charges
If You select the PREMIUM option, GVA24 will call on You to pay the Space charges. Payment of the Space Charges will enable you to enjoy the benefit of the PREMIUM advantages for a period of 10 days. The PREMIUM option is renewable.
The Space Charge is payable at the rate of CHF [_] per PREMIUM Advertisement published. The Space Charges are payable in Swiss francs, euros and US dollars.
Payment may be made only by a valid credit card recognised by GVA24 or by the PayPal system. No other means of payment will be accepted.
VIII. Liability and indemnification
1. General limits of liability
You accept that You use the Site at Your own risk and peril and under Your own responsibility. The content of the Site is made accessible on an "as is" basis, with no express or implied warranty. To the extent permitted by law, GVA24 and its management and employees decline any liability based on the Site and Your use of the Site, including [any liability in respect of] the following:
1. that the use of the Site will meet Your needs
2. that Your use of the Site and the sites accessible via the links published on the Site will be uninterrupted, timely, secured and free from error, delay and inaccuracy;
3. that any information You have obtained by using the Site, including links from the Site, will be accurate and reliable; and
4. that defects in the operation or functionalities of any software that may have been supplied to You within the framework of Your utilisation of the Site will be corrected.
Subject to the guarantees expressly provided for in the present General Conditions, no condition, warranty or other provision (including any implied warranty of satisfactory quality, suitability for a particular use or conformity with the description) applies to the Contents of the Site and the Advertisements.
GVA24 declines all liability for pecuniary or other damage resulting from your access to the Site or interruption of transmission, from any virus, bug, Trojan horse or anything similar which may be transmitted from or transit through the Site due to third party acts.
GVA24 assumes no liability for loss or damage of any kind that may be incurred by You or a third party consequent upon publication of a Content on the Site. GVA24 assumes no liability in relation with the Content submitted by other Users or for any conduct of other Users which does not comply with the present General Conditions.
2. Exclusion of guarantee concerning the sale of goods and services referred to in the advertisements
The Advertisements are published under the exclusive responsibility of the User placing them.
You are aware of and accept the fact that GVA24 is not party to the contractual relations which may bind you to other Users, particularly with a view to the sale, hire, licensing, loan or any other similar contract relating to the goods and services referred to in the Advertisements.
In consequence, GVA24 assumes no liability in the event of damage, immediate or otherwise, resulting from the execution of the transactions concluded between Users in relation to the goods and services referred to in the Advertisements.
3. Reservation in respect of mandatory law
The limitations and exclusions of liability contained in the present General Conditions shall have effect only within the limits of mandatory law and, in particular, shall not be applicable in the event of serious fault on the part of GVA24 or its employees.
The Site is managed and operated from the registered office of GVA24, in Geneva, Switzerland. GVA24 does not in any way warrant that the Site is appropriate or available from other parts of the world. Users access the Site under their own responsibility and are responsible for complying with the laws applicable locally.
You agree to indemnify GVA24 and its affiliates and employees entirely for any damage, settlement, conviction, fine, action or claim which may result from the following causes:
- Your Content
- Your violation of the present General Conditions
- more generally, Your use of the Site, or
- Your violation of third party rights, including copyright and other intellectual property rights.
This obligation to indemnify shall subsist after the expiry of the present General Conditions.
The Users and GVA24 are independent persons and the present General Conditions cannot have the effect of creating between them a relationship of employment, agency, simple partnership, partnership or franchise.
Any provision of the present General Conditions which may be wholly or partly in conflict with Swiss mandatory law shall be severable and the partial or total nullity of such a clause shall not affect the validity of the remainder of the clause in question nor of the other clauses of the General Conditions.
If GVA24 were to abstain from exercising a right conferred on it by the present General Conditions or from requiring the execution of one of the provisions of the present General Conditions, such abstention shall not under any circumstances be deemed a waiver of its rights or of the execution of these provisions nor shall it affect in any way the validity of the present General Conditions. If GVA24 refrains from invoking a violation of the present General Conditions, this may not be construed as a waiver of the right to invoke any earlier or subsequent violation of the present General Conditions.
GVA24 reserves the right to take any steps it deems necessary or appropriate to require compliance with the present General Conditions and the cessation of violations committed by one or more Users. GVA24 has the right to disclose Your identity to the competent authorities if GVA24 considers that it is bound to do so under the applicable laws.
The present General Conditions and the rights that they confer on You are not transferable. On the other hand, GVA24 has the right to transfer or assign to third parties any right or obligation conferred on itself hereunder.
X. Applicable law and jurisdiction
The present General Conditions are subject exclusively to Swiss law and the principles of private international law are not applicable.
Any dispute which may arise out of the application or interpretation of the present General Conditions shall fall within the exclusive jurisdiction of the courts of Geneva, subject to any appeal to the Federal Supreme Court.