GENERAL TERMS AND CONDITIONS OF USE OF MARKETSCREENER.COM



This translation is provided for information purposes only. In the event of any discrepancy between the French text and this translation, the French version shall prevail.

These General Terms and Conditions of Use govern the use of the online press service MarketScreener.com (hereinafter "the Website"). They apply to any person browsing the Website (hereinafter "the User"), whether or not they have created an account allowing them to register (thus becoming a "Member").

The publishing company of MarketScreener.com is SURPERFORMANCE SAS (hereinafter "the Publisher"), a simplified joint stock company with a capital of 414,501 euros, whose registered office is located at 17 avenue d'Albigny in Annecy (74000) and registered with the Annecy Trade and Companies Register under the number 439 430 059.

 

The mere access to the Website implies acceptance by Users of these Terms and Conditions. In addition, Members and Customers expressly agree to these Terms and Conditions when they register on the Website.

These Terms and Conditions apply, as appropriate, to any variation or extension of the Website on existing or future social networks and content sharing platforms.

 

ARTICLE 1. DEFINITION OF CONTENTS

The Website offers free access to numerous editorial contents, to stock market and financial data, as well as to tools (hereinafter, together, "the Contents").

By registering on the Website, the Member obtains free access to editorial content and data reserved for him/her, as well as to additional tools or functionalities.

The Member may also subscribe to additional Content, offered free of charge, on a pay-per-view basis or by subscription. Access to this Content implies acceptance of specific conditions, in addition to these General Terms and Conditions, which will be notified to him/her at the time of his/her subscription.

ARTICLE 2. CONDITIONS OF ACCESS TO CONTENTS

All the Contents offered by the Website are reserved for persons legally capable of contracting.

On the other hand, while the Website offers numerous Contents free of charge, access to certain Contents is reserved to Members, or even to Customers. The use of certain functionalities is moreover reserved to Members who have certified their telephone number according to the procedure proposed on the Website.

The Website also has a paywall system, inviting Users to create an account in order to continue their use of the Contents once a first threshold of use is reached and proposing them a paid offer once a new threshold of use of the Contents is reached. The use of the Contents is monitored by cookies, in accordance with the Privacy Policy of the Website.

ARTICLE 3. CREATION OF A MEMBER ACCOUNTS

All the Contents offered by the Website are reserved for persons legally capable of contracting.

On the other hand, while the Website offers numerous Contents free of charge, access to certain Contents is reserved to Members, or even to Customers. The use of certain functionalities is moreover reserved to Members who have certified their telephone number according to the procedure proposed on the Website.

The Website also has a paywall system, inviting Users to create an account in order to continue their use of the Contents once a first threshold of use is reached and proposing them a paid offer once a new threshold of use of the Contents is reached. The use of the Contents is monitored by cookies, in accordance with the Privacy Policy of the Website.

ARTICLE 4. INTELLECTUAL PROPERTY - AUTHORIZED USE OF CONTENTS

The Editor is the exclusive owner of the intellectual property rights on all the elements composing the Website - such as, in particular but not exclusively, the texts, photographs, images, audio or video recordings, data bases but also structure, data-processing code or graphic charter of the Website - or is duly authorized by providers of information or data (hereafter "the Providers") to diffuse them.

Whether they are the property of the Editor or a Provider, all the Contents constitute works protected under the intellectual property, whose reproduction, transmission, redistribution, translation, or exploitation, even partial, in any form whatsoever, including non-commercial, is strictly prohibited and is likely to constitute the offence of counterfeiting.

The Publisher grants the User a personal, non-collective and non-exclusive right to consult and use the Website and its Contents, so that the User undertakes not to download the Contents, except for a personal and limited use in time, nor to print the Contents apart from the legal framework of the copy for private use. Any other use, including the insertion of a hypertext link to the Website, is subject to the express prior authorization of the Publisher, who also reserves the right to put in place any technical solution allowing to limit the diffusion or the reproduction of the Contents by the Users.

On the other hand, the Editor is the exclusive owner of the marks and logos exploited by him. Their reproduction or use without its prior written authorization is strictly prohibited and constitutes an act of infringement engaging the responsibility of its author.

ARTICLE 5. LIABILITY
5.1. Use and reliability of the services

The Contents are disseminated purely for information purposes and may in no way be assimilated, in any way whatsoever, to advice or decision-making assistance. Furthermore, they do not constitute an offer or a solicitation to buy or sell financial products or services, nor do they constitute financial investment advice.

The Contents complies with the French legislation in force. The responsibility of the Editor could not be committed in the event of non-respect of the legislation of the country of connection of the User.

Although originating from sources considered reliable, the information of any kind appearing on the Website or accessible through it may contain inaccuracies, errors, or omissions.

User understands and agrees that use of the Website is at User's sole risk, without recourse to the Publisher or its Providers. Neither the Publisher nor Providers, shall be liable for any loss or damage, direct, indirect, incidental, or consequential whatsoever arising out of any inaccuracy, insufficiency, error, omission, delay, or interruption in the information made available on the Website. The Publisher and the Providers furthermore decline all responsibility for the use that may be made of the Content made available and for the consequences that may result, in particular from any decision taken on the basis of Content. In any case, the Editor shall not be held liable for any loss of opportunity, loss of profit or any other indirect damage.

5.2. Access to the site

The Editor endeavors to allow access to the Website 24 hours a day, 7 days a week, except in the event of force majeure or an event beyond its control, and subject to any breakdowns and maintenance interventions necessary for the proper functioning of the Website.

The Editor and its Providers cannot be held liable in the event of impossibility of accessing the Website or using the Contents.

ARTICLE 6. PERSONAL DATA
6.1. Personal data

In the context of the use of the services, the Editor may collect and process the User’s personal data. The terms and conditions of this collection and processing are described in the Website’s Privacy Policy.

In addition, the registration form is protected by a reCAPTCHA device, subject to Google’s Privacy Policy and Terms of Service.

6.2. Cookies

IBrowsing the Website may also result in the deposit of cookies on Users' terminals, as described in the Cookie Policy.

ARTICLE 7. EVOLUTION OF THE GENERAL CONDITIONS

The Publisher reserves the right to modify, at any time and without notice, these Terms and Conditions to adapt them to changes in the Website, its operation or the legislation.

It is the User's responsibility to regularly inform himself/herself of the Terms and Conditions in force and to cease using the Website in case of disagreement with the Terms and Conditions in force.

ARTICLE 8. APPLICABLE LAW

Both the Website and the terms and conditions of its use are governed by French law, regardless of the place of use, residence, or nationality of the User. The contract is deemed concluded at the Publisher's registered office. In the event of a dispute, and after the failure of any attempts to find an amicable solution, the French courts of the Publisher's headquarters shall have sole jurisdiction to hear the dispute.

 

Date of last modification: 24 October 2022