Gleeph Privacy Policy

GLEEPH’S GENERAL CONDITIONS OF USE

Version valid from December 23, 2021

Previous version accessible from here

PREAMBLE

Gleeph is a free-of-charge cellphone app offered by F-451, a simplified joint stock company with capital of €50 277,10 whose head office is at 1 rue Alexander Fleming, 17 000 LA ROCHELLE, registered with the LA ROCHELLE Trade and Companies Register under number 808 534 465 RCS LA ROCHELLE (hereinafter “F-451”).

Email: contact@gleeph.net

The publication director of the Application is Guillaume DEBAIG.

The Application is hosted by the Amazon Web Services EMEA SARL company, 38 avenue John F. Kennedy, L-1855 Luxembourg.

In the event of any conflict between the English and French versions of GLEEPH’S GENERAL CONDITIONS OF USE, the French version shall prevail.

ARTICLE 1 – DEFINITIONS 

“Application” or “GLEEPH Application”: Denotes the cellphone application provided by F-451 to the User, downloadable from compatible cellphone downloading platforms and allowing the User to use the Services on his Smartphone or tablet.

“Review”: denotes the notes on a book that Users may make when using the Gleeph Application.

“Library”: virtual library created by the User using the Application. The Library identifies those books that the User possesses, or has read, or wishes to read, or likes.

“User Account” or “Account”: Denotes the electronic account created by F-451, on the basis of information provided by the User and made available to the latter, so that he may gain access to all or part of Gleeph’s Services.

“User content”: denotes the Review and other publications made by the User on the Gleeph Application.

“Personal Data”: Denotes all information relating to the User allowing his identification in a direct or indirect manner that has been entrusted to F-451 by the User himself via any method.

“Recommendation(s)”: denotes those reading recommendation(s) sent by Gleeph to Users via the Application.

“Services” or “Gleeph Services”: Denotes those services offered by F-451 via the Application, such as described in article 3 of these General Conditions of Use.

“User” Denotes the physical person who has created his User Account on the Application, aged over fifteen.

ARTICLE 2 - OBJECT AND SCOPE OF APPLICATION

These General Conditions of Use (hereinafter called “GCU”) have the objective of defining the methods of access and use of Gleeph’s Services by the User. These GCU regulate the contractual relations between F-451 and the User. The User expressly undertakes to observe the GCU in their entirety.

ARTICLE 3 – SERVICES OF THE GLEEPH APPLICATION

F-451 makes available to every User an Application allowing him to benefit from all or part of the following Services on his Smartphone(s) and tablet(s).

• Creation of a Library on the basis of data of books on the Gleeph Application:

  • Scan of his books: the “Scan” function allows the User to include books in his personal library in the Gleeph Library by scanning the barcodes of his books. The book thus scanned shall be automatically registered into his Library, subject to it being present in the Gleeph database;

  • Searching for his books in the database of the Gleeph Application by using the “Search” function or by consulting the Library of another User.

The Library thus created by the User indexes his books by displaying information about the said books, such as the author’s name, the book’s title, the front and the back cover. The User may choose from the display options for his Library (by genre, alphabetical order, etc.). The Library provides a list of the User’s books, but does not permit their being read online.

• Viewing of the Library by other Users, according to those privacy settings selected by the User in the “Settings” tab of the Application.

• Creation of discussions about the books with other Users of the Application, according to those settings selected by the User in the “Settings” tab of the Application,

• Recommendation of a book to those of his contacts marked as friends in the Application (hereinafter the “Friends”)

• Participation in discussions regarding the books with his Friends or any other User of the Application, according to those settings selected by the User in the “Settings” tab of the Application.

• Creation of a “Wishlist”,

• Identification of any bookstore that has a given book in stock, whether by using the User’s geolocation, or by searching by zip code.

• Find a book listed by F-451.

• Receipt of personalized reading suggestions by F-451 or by its commercial partners, under the conditions provided for in Article 6 hereof.

• Creation of shelves (hereinafter "Shelves").

• Sharing of Books, Reviews, shelves, profiles (functionality to come) outside the Application, in particular by SMS, email, social networks and any other means of sharing and dissemination that F-451 may implement.

The list of previous functionalities is given for indicative purposes and may change as the Application evolves, without calling into question the validity of these GCU.

ARTICLE 4 – ACCESS METHODS TO THE APPLICATION

a) Communication tools allowing access to Services

To gain access to Services, the User must be in possession of a Smartphone or other compatible tablet having the minimum operating system versions for Android or iOS cellphones (please refer to the downloading platforms) in order to be able to use the Application, provided with an internet connection.

To have access to all of Gleeph’s Services, the User must download the Application, available from Application download sites (App Store, Play Store).

b) Activation of the User Account

To gain access to Services and become a User, the User must create a User Account. Creating a User Account is free of charge. At the time of creating an Account and/or during download of the Application, the User must acquaint himself with the information required for Services to function and marked as being mandatory.

A confirmation email of the User Account’s activation shall be sent to the email address provided by the User during registration.

The User may also create an account by using his Facebook login via the “Facebook Connect” function. By creating a User Account via Facebook, the User gives access to F-451 to a certain amount of information from his Facebook profile (email address, nickname, or by default, first name and surname used on Facebook and profile photo).

Any user with an Apple device also has the option of connecting via the “Connect using Apple” service, by using his Apple login details.

The login details and pseudonym chosen by the User must furthermore not:

• make reference to any political orientation, ethnicity, community or religion,

• be vulgar or insulting,

• have any sexual or pornographic connotations,

• make reference to any narcotic substance or any other substance illegal under French legislation,

• make reference to alcoholic drinks, tobacco or tobacco products,

• be written in such a way as to circumvent those rules imposed above.

c) Security of access to the Application

The login details used by the User to self-authenticate during access to the Application (hereinafter the “Identification Elements”) include a personalized email and password chosen by the User.

The User undertakes to keep these Identification Elements private and confidential. Their preservation and their use shall occur subject to the sole responsibility of the User. In any event, the User shall remain solely responsible for the usage that may be made of his User Account by any third party, who would have access to his Identification Elements. In this respect, F-451 shall not be deemed to have any liability in regard to the User for any damage suffered as a result of unlawful, fraudulent or improper use of his Identification Elements.

d) Notification in the event of loss, theft or fraudulent usage

In the event of loss or theft of his cellphone, theft of his Identification Elements, or a case of attempted fraud on his User Account, the User undertakes to alert F-451 as soon as possible by email sent to contact@gleeph.net.

F-451 shall then proceed with the suspension of Services without undue delay under the conditions of Article 12 of these GCU.

ARTICLE 5 – REVIEWS AND DISCUSSIONS

The User may comment on books in his Library by creating a Review or creating discussion threads with other Users in observance of legislation applicable in France.

Review

The User has the opportunity to comment on a book by leaving a Review on the Gleeph Application.

The User guarantees the sincerity and authenticity of his Review.

Any User with the role of author/editor has the opportunity to express doubt about the authenticity of a Review, subject to this expression being justified, via the expression tool of the Reviews.

Checking of Reviews

Reviews are not a priori subject to checks by F-451.

Recompense

Reviews made by Users are not subject to any recompense.

It is possible to hold discussions with the User having left a Review once the Review has been published.

Reviews from partners

Reviews may also be published by commercial partners of F-451 having a professional account on the Gleeph Application.

Changes to Reviews by the User

The user may change or delete his Reviews at any time on the Gleeph Application.

Publication period of Reviews.

Reviews are published for an indeterminate period. The user may delete his Reviews at any time on the Gleeph Application.

The User may, at any time, request the deletion of his account in the “My Settings” tab in the Application or by sending a request to contact@gleeph.net. From the time of request being made by the User, Reviews shall be anonymized as soon as possible by F-451.

Classification criteria

Reviews are listed in chronological order.

Chats

Each User may interact with any other User and/or his Friends, according to the privacy settings of his User Account. Messages are stored by F-451 exclusively to ensure the transmission of exchanges between the Users. Those messages exchanged are strictly private and only involve those Users concerned.

ARTICLE 6 - Referencing of Books

6-1 Database search of the Gleeph Application

The User may search for books in the Gleeph Application using the “Search” tool:

• Scan of his books: the “Scan” function allows the User to include books in his personal library in the Gleeph Library by scanning the barcodes of his books. The book thus scanned shall be automatically registered into his Library, subject to it being present in the Gleeph database;

• Search for books in the Gleeph Application database by using the “Search” function: results are displayed in alphabetical order and come from the Gleeph database. In the event of there being different editions of the same book, results are shown at random.

6-2 Personalized reading recommendations and sponsored Recommendations

Current Recommendations “Your personalized selection”

The Application allows the User to receive Recommendations for personalized reading lists according to the content of his Library (types of books registered in the Library, Books on the Wishlist, etc.).

F-451 has formed partnerships with publishing houses. In this respect, books from partnering establishments may be included in the personalized reading Recommendations as follows:

• If among the reading Recommendations of the day for a User there are several editions of the same book, the corresponding book from the partner publishing house of F-451’s shall be given priority of display.

• The Application calculates the recommendations per day to a User from the hundreds of potential books to be recommended to him. If among the potential recommendations, there should appear one or several book(s) from F-451’s partner publishing houses, at least one book from the partner publishing house shall be displayed among the recommendations of the day for the User.

In accordance with the Privacy Policy of F-451, the User may object to the personalized reading Recommendations by writing to contact@gleeph.net. By opting out of the profile allowing reading Recommendations on the Application, the User shall receive no further reading Recommendations in “Your personalized selection”.

Recommendations via sponsored pop-ups

The Application also allows the User to receive targeted reading Recommendations and sponsored by partner publishing houses. These Recommendations appear in the User’s news feed.

In accordance with F-451’s Privacy Policy, the User may object to the personalized reading Recommendations at any time by writing to contact@gleeph.net. By opting out of the profile allowing sponsored reading Recommendations on the Application, the User shall receive sponsored, non-personalized reading Recommendations.

ARTICLE 7 – FINDING A BOOKSTORE

The Gleeph Application allows the User to find a bookstore listed by the Gleeph Application, as well as online points of sale, from which the desired book may be purchased and/or reserved, according to available stocks.

To do so, the User may activate the geolocalization service on his Smartphone or tablet, or input his zip code or State.

The Application displays the list of nearby bookstores, their address, telephone number, as well as the price of the desired book at each listed bookstore.

The bookstores are displayed in the results list in the following order:

• Those bookstores that have formed a partnership with F-451, allowing the purchase and/or reservation of books via the Gleeph Application and/or allowing the display on the Gleeph Application of their available book stocks: displayed according to geographical position (exact position or position by zip code or position per State) or by default in alphabetical order.

• Bookstores that have not formed a partnership with F-451: displayed according to geographical position (exact position or position by zip code or position per State) or by default in alphabetical order.

Gleeph allows the User to purchase or reserve a book from a bookstore listed on Gleeph according to available stocks in the following manner:

• Whether, should this option be available, to purchase the book from the selected bookstore’s website (or bookstore chain).

• Whether, should this option be available, to reserve the book at the bookstore: once the reservation has been made, the User will receive a confirmation email specifying in particular the period of the book’s availability at the Bookstore.

The Bookstore undertakes to make the book available to the User that he has reserved at the Bookstore via Gleeph for the period specified in the confirmation email.

The User shall settle directly with the Bookstore upon collection of the reserved book and F-451 shall play no part in the transaction.

The User undertakes to inform the Bookstore as soon as possible if he wishes to cancel the reservation, so that the latter may return the Book to sale.

The User acknowledges that mistakes may occur in the summary of available stocks visible on the GLEEPH Application. The User also acknowledges that a book may be made unavailable in the event of available copies being sold between the stocks being updated and any reservation made by the User.

Any correspondence and/or transactions relating to a book between a User and a bookstore listed on the Application are to be conducted directly between the User and the bookstore concerned. F-451 is not a party to correspondence and/or transactions, does not market books and cannot be held responsible in the event of (i) the unavailability of the Book at the bookstore, (ii) refusal by the bookstore to provide the book, or (iii) supply of a book not conforming with the description contained in the Application or with the User’s expectations.

ARTICLE 8- INTELLECTUAL PROPERTY 

• Application

The Application, as well as its content and especially, without such a list being exhaustive, the logos, brands, domain names, graphics, images, photographs, software applications, animations, texts and any other element, whether visual and/or sound-based, are the exclusive property of F-451 or are granted under license to F-451 and are protected by intellectual property rights in particular.

The Application and its content cannot under any circumstances be modified, reproduced, re-presented, distributed, displayed, sold, integrated into a derived work or other in whole or in part and in any medium whatsoever. In an general manner, the Application and/or its content can only be used in the context of using the Application and/or the Services. The use of all or part of the Application and/or its content, especially by downloading, reproduction, transmission or re-presentation for purposes other than those foreseen in these GCU is strictly forbidden.

Subject to observance of these GCU, F-451 grants to Users the personal, non-exclusive and non-transferable right to gain access to and use the Application and/or its content for the sole purposes provided for in this document.

Apart from the preceding, it is strictly forbidden for Users to:

- copy, reproduce, re-present, broadcast, distribute, publish, in any permanent or temporary manner, all or part of the Application and/or its content by any method or on any known or unknown medium to this day;

- create derived works via the Application and/or its content;

- change, translate, adapt, arrange all or part of the Application and/or its content;

- disassemble, decompile, carry out reverse engineering on the Application and/or its content;

- distribute, transmit, broadcast, sell, rent, assign or market, in whatever manner, without the express, earlier, written permission of F-451, all or part of the Application and/or its content.

• Books

The books, as well as their front and back covers listed on the Gleeph Application are intellectual works that benefit from copyright protection.

As a result, the wholesale reproduction of books, front or back covers by the User without the authors’ authorization is forbidden.

The User may, however, extract short quotations, subject to observing the terms of Article L.122-5 of the French Intellectual Property Code.

• User Content

Within the context of using the Application and/or the Services, the User may be caused to publish the User Content in such a way, but without this list being exhaustive, of elements linked to his Account (photographs, logos, descriptions, etc.), Reviews, messages, etc.

In this respect, the User guarantees that (i) he holds all the rights or has obtained all authorizations (particularly including authorizations relating to image rights) when publishing User Content, and (ii) that the User Content he provides does not violate any rights of third parties, including the intellectual property rights of third parties. In this respect, the User acknowledges having acquainted himself with the extent of the Application’s broadcast and having taken all precautions to respect legislation in force.

Once the User Content has been put online by the User via the Application, this is made accessible to other Users (individually or in groups), who have the ability to view or share it free of charge on the Application, which the User consents to and as such throughout the whole period of User Content being hosted on the Application.

F-451 does not acquire any property rights over User Content. However, the User grants to F-451, during the period of User Content being hosted on the Application, a global license, free-of-charge and non-exclusive, to use Users’ Content, allowing F-451 to use, reproduce, re-present, divulge, change, translate, over all media, by all methods, to all third parties and for any purpose (commercial or non-commercial), all or part of the User Content for the requirements of operations and/or the promotion of the Application and/or Services and or any other service that F-451 may implement. In particular, F-451 may reproduce the User Content outside the Application.

ARTICLE 9 - OBLIGATIONS OF F-451

In the context of the GCU, F-451 undertakes to:

• in the context of a obligation of methods, provide access to the Application, and use its best endeavors to remedy any faults brought to its attention. F-451 could, however, find itself obliged to suspend the Application momentarily or definitively without prior warning, especially on technical grounds and/or those of maintenance, whatever may be the source or the cause, without such incurring any responsibility on the part of F-451;

• use its best endeavors to enrich the F-451 book database and enrich its Services;

• implement an email address (contact@gleeph.net) to be ready to receive Users’ requests.

ARTICLE 10 - OBLIGATIONS OF THE USER

The User must be aged at least 15 to use the Service.

The User undertakes to:

• check for accuracy, maintain and update regularly by use of the Application or his Facebook and Apple accounts, the data having been used upon registration and other Personal Data, in order to keep them truthful, accurate, up-to-date and complete;

• keep the Identification Elements private and confidential and regularly change passwords, so as to guarantee the security of the User Account;

• bear the potential connection costs of the GLEEPH Application likely to be invoiced by the operator and/or Internet Service Provider.

• Only to use the Application or the information published on the Application for personal purposes.

The User acknowledges being solely responsible for any User Content that he puts online via the Application. In this respect, the User guarantees to F-451 that the User Content that he puts online:

• observes the legal and regulatory provisions in effect and does not cause a breach of third parties’ rights, especially the intellectual property rights of third parties, and/or any harm to persons (especially defamation, insults, slurs, etc.), image rights and/or those of persons and respect for a private life, or any breach of public order and/or decency; and

• not be exposed to constituting an apologia for crimes against humanity, incitement to the commission of acts of terrorism and acting as an apologia for them, incitement to racial hatred, hatred in relation to persons on grounds of their gender, sexual orientation or identity or their handicap, as well as child pornography, incitement to violence, especially incitement to violence against women, as well as any undermining of human dignity.

More generally, the User undertakes to remain courteous and that User Content does not contain any disparaging remarks, especially in relation to F-451, other Users and more generally all other third parties, in observance of standards of good sense and politeness.

The User guarantees to F-451 the peaceful enjoyment of User Content. In this regard, the User acknowledges guaranteeing F-451 against all complaints, actions or recourse of any nature on grounds of User Content and to indemnify F-451 for damages, costs or fees of whatever nature arising therefrom.

In the event of non-compliance with the above provisions, F-451 reserves the right to delete the Content published by the User and/or refuse access to the “Review” functionalities and “discussions” and/or delete the User Account, without prejudice to any other rights and recourse by F-451.

ARTICLE 11 – NOTIFICATION OF CONTENT

The User may indicate to F-451 the existence of content published on the Application that infringes his rights or the rights of third parties (counterfeiting, insult, invasion of private life), by a simple email sent to contact@gleeph.net.

The User could also indicate to F-451 those Reviews that he considers contravene the commitments above via the reporting functionality present on each Review.

In compliance with the provisions of article 6-I-5 of law no. 2004-575 of June 21 2004 to foster confidence in the digital economy (the “LCEN”), the notification must include:

• the surname, first name and digital address of the notifier;

• a description of the contentious content, his precise location and, if necessary, the address(es) at which he is available;

• the legal grounds on which the contentious content should be withdrawn or made inaccessible;

• a copy of the correspondence addressed to the author or the publisher of the contentious content requesting its withdrawal or alteration, or the justification for the author or the publisher not being able to be contacted (this condition is not required for notification of infringements mentioned in the third paragraph of 7 of article 6-I-1 of the LCEN, likewise article 24b and the third and fourth paragraphs of article 33 of the law of July 29 1881 on liberty of the press).

Any incomplete notification is at risk of not being processed.

The User is furthermore advised that the fact, by any person, of presenting content or any activity as being unlawful with the aim of obtaining the withdrawal or preventing its broadcast by the provision of false or inaccurate information is punishable by one year of imprisonment and a fine of 15,000 Euros.

Furthermore, the User acknowledges that F-451 may suspend access to his Account, if his content is of a clearly unlawful character;

ARTICLE 12 – HYPERTEXT LINKS

The Application may offer links to other internet sites. Given that F-451 cannot have any control over such third-party sites, F-451 cannot make any commitment in regard to the availability or content of these sites and declines any responsibility for the content, advertising, products, services or any other material available on or from such sites or external sources.

F-451 also declines any responsibility in regard to any damage or loss incurred or alleged, consequent to or in relation to usage, from the fact of trusting the content, to goods or services available on such third-party websites.

ARTICLE 13 - EXCLUSION FROM RESPONSIBILITY

The Application and its content are provided in their current condition and subject to availability.

The Application is normally accessible 24/7, subject to:

- a case of force majeure;

- availability of the internet network;

- temporary suspensions of the Application on technical grounds, linked to updating of the Application, its maintenance or any other technical reason.

It is specified that those internet and digital systems and telecommunications used in the context of access to and use of the Application are not immune to errors and interruptions and breakdowns may sometimes occur. Responsibility by F-451 cannot be deemed to be incurred by any inconveniences or damage linked with use of the Internet and especially, without such a list being limited, the faulty transmission and/or reception of any data and/or information via the Internet, the failure of any receiving devices or communication lines, any malfunction of the Internet hindering the proper functioning of the Application and/or Services. It is the Users’ responsibility to take all appropriate measures to ensure the security of their equipment, data, software or other, especially against infection from any virus and/or hacking attempt to which they could fall victim.

F-451 also declines any responsibility in the event of abnormal usage or improper exploitation of the Application and/or Services.

Under no circumstances may the responsibility of F-451 be incurred in regard to the User from:

(i) indirect loss, recognized as such by French jurisdiction or

(ii) any loss resulting from improper use or any use of the Application and/or Services not complying with these GCU or of an illegal nature or

(iii) any loss resulting from acts attributable to the User, any other User or any third party.

Furthermore, responsibility by F-451 cannot be incurred from:

• connection costs to the Application, which could be invoiced by the User’s telephone provider or his Internet Service Provider,

• partial or total inability to gain access to the Application during maintenance and upgrading work mentioned in Article 9,

• partial or total inability to gain access to the Application, if all means have been implemented to re-establish access to the User as soon as possible, or if the said inability is linked to the user or any communication tools that he uses/or the failure of his Internet Service Provider, his cellphone operator or failure by Facebook or Apple.

• inaccuracy, errors or omissions in the information present on the Application.

• changes to the information and Services found in the Application. The said information and Services are provided for indicative purposes only and may be changed or updated under those condition defined in Article 16 below.

• the composition of the Users’ Library, which is at the sole discretion of Users.

• User Content

Any correspondence and/or transactions relating to a book between a User and a bookstore listed on the Application are to be conducted directly between the User and the bookstore concerned. F-451 is not a party to correspondence and/or transactions, does not market books and cannot be held responsible in the event of (i) the unavailability of the Book at the bookstore, (ii) refusal by the bookstore to provide the book, or (iii) supply of a book not conforming with the description contained in the Application or with the User’s expectations.

ARTICLE 14 – FORCE MAJEURE

F-451 shall not be held responsible or deemed to have failed in its obligations of the GCU, when a case of force majeure, as understood by the law and jurisprudence, hinders the execution of this document.

ARTICLE 15 - SUSPENSION AND EXCLUSION OF THE GLEEPH APPLICATION

With full rights, without the right to any compensation, without legal formalities and without prejudice to any lawsuits brought by F-451, especially for damages and interest, F-451 reserves the right immediately to suspend all or part of access to Services, to the Application or immediately to delete the User Account, especially, without such a list being exhaustive:

• following notification of theft or loss of Identification Elements.

• on grounds of 3 (three) unsuccessful attempts to input log-in details on the Application. The User must then contact Gleeph’s Customer Services to resolve the issue.

• or in the event of fraud or attempt at fraud, and more generally for any infringement of the GCU; on grounds of any act of piracy, use or attempted use of data in breach of laws and regulations, especially hacking of information systems, by altering the content or committing any one of those breaches mentioned in articles 323-1 to 323-7 of the Penal Code.

Particularly deemed to be an attempt at fraud is any attempt to alter, falsify, bypass the usage and/or security elements of User Accounts, GLEEPH Services of the Application.

• on grounds of non-compliance with the provisions of these GCU and especially article 5 “Comments/Discussions” of these GCU.

• for any other cases mentioned in these GCU.

The User shall be notified of any suspension or exclusion by email.

If necessary, the above-mentioned notification email shall specify to the User the ways of resolving the issue, except in cases where a legal provision so prohibits. Suspension shall be maintained until the issue has been resolved.

F-451 cannot be held responsible under any circumstances for any harmful consequences that could result from the suspension or removal of access to the Application, and/or any potential lack/delay in information concerning the said blockage, except in the case of grave or intentional error.

Furthermore, F-451 cannot be held responsible under any circumstances for any harmful consequences from the suspension of Gleeph Services following a notification of loss, theft, misappropriation, unauthorized use or any similar event by a third party identifying himself as the User.

ARTICLE 16 – PERSONAL DATA PROCESSING

When the User is navigating around the Application and/or using the Services, F-451 will be collecting and using the User’s Personal Data.

F-451 undertakes to ensure the protection of the User’s personal data. For more information on the methods of collection, use and processing of Personal Data by F-451, the User is invited to view F-451’s privacy policy available here.

ARTICLE 17 – CONFIDENTIALITY

In the context of the Services functioning, the User’s information and Personal Data shall be visible to other Users of the Application under the following conditions:

• Pseudonym, surname and first name: visible to all Users of the Application;

• Data taken from the Facebook profile of the User: profile photo, nickname (or, by default, first name.surname)

• photo: visible to all Users of the Application;

• information summarized in the Library (number of books, most represented genres): visible to all Users of the Application;

• Details on the User’s Library (list of books composing his Library; titles, authors, back cover, reviews made by the User, genre of book): the User may choose within the “Settings” tab of the Application if he wishes that the composition of his Library should only be visible to himself, his Friends on Gleeph, or to all Users.

ARTICLE 18 - WAIVER – INVALIDITY

Except for provisions to the contrary, the fact that F-451 or the User has not so far demanded the application of any clause of the GCU cannot under any circumstances be deemed as a waiver of those rights arising from the said clause.

Assuming that one provision of these GCU should be void, illegal, unenforceable or inapplicable in any way, the validity, legality or application of other provisions in these general conditions shall be in no way affected or altered, those other stipulations of the general conditions remaining in effect and retaining their full and entire effect.

ARTICLE 19 - TRANSFER

F-451 reserves the right to transfer these GCU to any successor, who would then have the same rights and obligations as F-451, including in the form of merger, consolidation, restructuring or management lease, or to any company of whose a part of the capital or voting rights are held directly of indirectly by F-451 or any company that is about to acquire a part of the capital or voting rights of F-451.

ARTICLE 20 - ALTERATIONS TO SERVICES AND GENERAL CONDITIONS OF USE

F-451 may at any time modify the Services, the Application and these GCU, particularly during changes to Services’ functionality.

These alterations shall come into effect when put online and shall be deemed to be enforceable against the User from that date. Use of the Services after that date shall be deemed as constituting an unreserved acceptance of such new conditions of use.

However, in the event of a dispute, the User may request the deletion of his Account at any time via the “My Settings” tab of the Application or by sending a request to contact@gleeph.net.

From the time of the User’s request, F-451 shall use its best endeavors to delete the User Account as soon as possible.

ARTICLE 21- REQUEST TO DELETE THE USER’S ACCOUNT:

The User may, at any time, request the deletion of his account in the “My Settings” tab in the Application or by sending an email to contact@gleeph.net.

From the time of the User’s request, F-451 shall use its best endeavors to delete the User Account as soon as possible.

ARTICLE 22 - APPLICABLE LAW– LEGAL DISPUTES - MEDIATION

These GCU and relations between the User and F-451 are regulated by French law.

In the event of difficulties, the User undertakes to contact Customer Service by writing to contact@gleeph.net in order to arrive at an amicable solution.

ALL DIFFICULTIES RELATING THE INTERPRETATION, EXECUTION OF THE GCU OR SERVICES SHALL BE SUBJECT, FAILING ANY AMICABLE AGREEMENT UNDER THE ABOVE CONDITIONS, TO THE EXCLUSIVE COMPETENCE OF THE COMPETENT TRIBUNALS OF LA ROCHELLE, AND ALSO IN CASE OF EMERGENCY PROCEEDINGS OR A PLURALITY OF DEFENDANTS. AS AN EXCEPTION TO THE ABOVE, IT IS SPECIFIED THAT THE CUSTOMER/CONSUMER MAY CHOOSE TO BRING ANY LEGAL DISPUTE BEFORE THE JURISDICTION OF HIS PLACE OF RESIDENCE OR, ACCORDING TO CHOICE, BEFORE ANY OTHER TERRITORIALLY COMPETENT JURISDICTION ACCORDING TO CIVIL PROCEDURES AND THUS IN COMPLIANCE WITH ARTICLE R. 631-3 OF THE CONSUMER CODE.