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Terms and conditions

TERMS AND CONDITIONS OF USE OF THE SITE
CENTRALCHARTS SAS
Simplified joint-stock company with a capital of 200,000 Euros
RCS Nanterre N° 819 783 663 
CENTRALCHARTS SAS - 160 chemin de l'Evescat - 83500 - La Seyne-sur-Mer - France
EU VAT number : FR03819783663
Director of Publication : M. Dupray Bruno
Receipt of CNIL (National computing and data privacy committee) number 1992111

 

Centralcharts is a Simplified joint-stock company with a capital of 200,000 Euros, registered in the Nanterre Trade and Companies Register under number 819783663 and whose office is located in 160 chemin de l'Evescat - 83500 La Seyne-sur-Mer - FRANCE. EU VAT number : FR03819783663.
The Director of Publication is M. Bruno Dupray. He can be contacted by email at the following address : info@centralcharts.com
Web host : GANDI – 15 place de la Nation – 75011 Paris – FRANCE. Tel : +33(1).70.37.76.61 – Fax : +33(1).43.73.18.51. Email : direction@gandi.net
The website is declared to the CNIL (National computing and data privacy committee) under number #1992111.

 

 

1. GENERAL CONDITIONS OF USE OF THE WEBSITE


Using the Internet Site www.centralcharts.com ("the Site") implies full and complete acceptance of the general conditions of use ("GCU") which are set out below. The GCU are established between CentralCharts and you. If you do not agree to these general conditions of use, do not use the Site. These general conditions of use are subject to be amended or supplemented at any time, the users of the Site are therefore advised to consult them on a regular basis.
The following general conditions of use (GCU) apply to the whole Site. You are reminded that simply by using the Site you are agreeing to the general conditions of use.

 

 

 

2. LEXICON


CentralCharts' Team : Currently consists of Bruno Dupray, Bastien Huneau and Vincent Launay.
Site : www.centralcharts.com
User : User browsing the Site.
Member : Registered user on the Site.
CentralCharts : CentralCharts SAS means the company and its team members
Data provider : Entity involved in the provision of the Services
Personal information: "information which enables, in any form whatsoever, directly or otherwise, the identification of the person to which it applies" (article 4 of law n° 78-17 January 6, 1978).

 

 

 

3. DESCRIPTION OF PROVIDED SERVICES


The Site is a community network of information and sharing concerning financial markets. The Site's objective is to provide information about world wide financial assets. This information is provided by the company CentralCharts (including its data providers) and also by members of the Site.
CentralCharts information : You recognize that the information and data available through the Services are produced by the Data Providers, under their sole liability. CentralCharts does not have the power to check this information and data. CentralCharts can in no way guarantee their completeness, reliability or pertinence. This information and data does not constitute, in any case, on the part of CentralCharts or of the Data Providers, incitement to invest, to complete or to advise a transaction. You use the Services and the results obtained by their use under your sole responsibility, without possible legal action against CentralCharts. In particular, CentralCharts shall in no way be held liable because of errors, whatever their cause, in the results obtained, that it is your responsibility to check, nor in the results anticipated in matter of investment which are determined under your sole responsibility, and this in particular according to the complete analysis of your project, your risk profile, your short term, medium and long term objectives in matter of investment as well as the whole of your fiscal and familial constraints and constraints relating to succession within the framework of the overall management of your portfolio and of your estate.

 

Concerning data which relates to securities and other financial information, you are reminded that past performance is not a guarantee of future performance, and that the value of an investment in securities can vary by rising and equally by declining according to developments in the market, in exchange rates, or in the direct or indirect returns which are attached to the latter.
Neither the Site, nor the information disseminated on the Site can be considered as an offer or request of purchase, of subscription or of sale of said securities in France or in any other jurisdiction. The purpose of the said information is not to carry out directly or indirectly in any country whatsoever any act of sales canvassing or to make any offer of securities to the User.

In any case, CentralCharts cannot in any case be held liable :
(i) for any indirect prejudice, notably concerning loss of profit, failure to earn, loss of clientele, of data which could amongst others result from use of the Site, or on the contrary the impossibility of their use ;
(ii) for a malfunction, unavailability of access, inappropriate use, inappropriate configuration of the computer of the User, and also the use by the User of a browser rarely used ;
(iii) for the consequences of acts of hacking, external or technical events independent of their will which if they happened on Site of CentralCharts could have a direct impact on the information disseminated ;
(iv) for the content of advertisements and other links or external sources accessible by the User from the Site.

The User is aware that the losses that he is liable to suffer within the framework of the use of the Services could be greater than the financial stake that he invested.
CentralCharts does not provide a Financial Investment Advisory service. All information contained on this Site, is "general" by nature and cannot, under any circumstances, represent any kind of persuasion or personal advice or any incentive to buy or sell the financial instruments concerned.
CentralCharts provides content for information purposes only. Users accept sole responsibility for their trading losses (including lack of and loss of profits), consequences of trading practices on their entourage, and any damage which may result directly or indirectly from the use of information provided on the Site.

Members' information: Users accept sole responsibility for content (analyses, comments, messages, documents, etc.) that they publish on the CentralCharts Site. Where necessary, CentralCharts reserves the right to invoke the civil and/or penal liability of a user in particular in those of a derogatory, offensive, racist, defamatory or pornographic nature or the publication of any content that does not respect applicable French legislation including but not limited to copyright, protection of data, stock exchange legislation (http://www.amf-france.org/), regardless of the media used (text, photography, etc.).
However, the user recognises and accepts that any suggestions, ideas or contributions with the objective of improving the CentralCharts' Site content/services becomes CentralCharts' intellectual property and that the user has no rights whatsoever. No compensation or reimbursement may be requested from CentralCharts for the use of your contribution.
CentralCharts also reserves the right to delete any content (messages, analyses, comments, documents) posted on the Site by users, to remove their CentralCharts account, or to block their Site access without notice. CentralCharts is not obliged to provide the user with an explanation. The reasons for such measures can be diverse, including but not limited, to non-compliance of the GCU, interruption or cancellation of CentralCharts' services, fraudulent activities or a request from a government agency to apply the law.

Centralcharts hosts online collaboration spaces, letting members exchange information and communicate about publicly traded companies and other financial instruments. These online collaboration spaces allow open discussion which CentralCharts does not control and on which only Members can publish information. As such, CentralCharts may not be considered the publisher of this content, but only the host, which means making available the technical resources which allow saving the information which is available to the public. As such, CentralCharts only reacts after any content which may be unauthorized is published by Members in the conditions specified in the French law LCEN paragraph 5 article 6 and promptly takes measures to make this content inaccessible. Such content may be modified or deleted.

Members are informed that any person who gives an opinion on a financial instrument, without at the same time indicating their financial positions on such an instrument, may be guilty of a violation of providing false information as specified in article 632-1 line 2 of the rules of the French Financial Authority (AMF).

 

4. RESPONSIBILITY AND GUARANTEE

 

 

Responsibility of the User : You recognize that the information and data available through the Services are produced by the Data Providers, under their sole liability. CentralCharts does not have the power to check this information and data. CentralCharts can in no way guarantee their completeness, reliability or pertinence. This information and data does not constitute, in any case, on the part of CentralCharts or of the Data Providers, incitement to invest, to complete or to advise a transaction. You use the Services and the results obtained by their use under your sole responsibility, without possible legal action against CentralCharts. In particular, CentralCharts shall in no way be held liable because of errors, whatever their cause, in the results obtained, that it is your responsibility to check, nor in the results anticipated in matter of investment which are determined under your sole responsibility, and this in particular according to the complete analysis of your project, your risk profile, your short term, medium and long term objectives in matter of investment as well as the whole of your fiscal and familial constraints and constraints relating to succession within the framework of the overall management of your portfolio and of your estate.
Concerning data which relates to securities and other financial information, you are reminded that past performance is not a guarantee of future performance, and that the value of an investment in securities can vary by rising and equally by declining according to developments in the market, in exchange rates, or in the direct or indirect returns which are attached to the latter.
Neither the Site, nor the information disseminated on the site can be considered as an offer or request of purchase, of subscription or of sale of said securities in France or in any other jurisdiction. The purpose of the said information is not to carry out directly or indirectly in any country whatsoever any act of sales canvassing or to make any offer of securities to the User.

In any case, CentralCharts cannot in any case be held liable :
(i) for any indirect prejudice, notably concerning loss of profit, failure to earn, loss of clientele, of data which could amongst others result from use of the Site, or on the contrary the impossibility of their use ;
(ii) for a malfunction, unavailability of access, inappropriate use, inappropriate configuration of the computer of the User, and also the use by the User of a browser rarely used ;
(iii) for the consequences of acts of hacking, external or technical events independent of their will which if they happened on site of CentralCharts could have a direct impact on the information disseminated ;
(iv) for the content of advertisements and other links or external sources accessible by the User from the Site.

The User is aware that the losses that he is liable to suffer within the framework of the use of the Services could be greater than the financial stake that he invested.
You will be personally responsible for your Electronic Communications. CentralCharts will be able to, without being obliged to, examine and/or block your Electronic Communications or the Login in order to maintain the security of the Site or of the Services or in case of violation on your part of the Conditions of Use and/or of the regulations in force, and this, in accordance with the laws in force, without prejudice to the stipulations relating to termination. To this end, you guarantee CentralCharts that you possess all of the authorizations necessary for the publication of computer programs in the section "Strategies". You are solely responsible for any direct or indirect, special or material damage caused by yourself to CentralCharts or any third parties due to use of the Site or of the Services, and you guarantee CentralCharts and you will compensate the latter for any consequences of a claim or action by a third party in this respect.

Guarantee and continuity of the Services : The Services are a standard offer conceived to satisfy the greatest number of clients. CentralCharts cannot guarantee their suitability to your specific needs.
Likewise, CentralCharts cannot guarantee the good performance of the Services with your computer equipment and/or your Internet Network (firewall, antivirus, operating system, hardware components...), nor their interoperability with other software packages or software. In case of the use of a proxy server (in particular in a business network), it is possible that the connection be inoperative or suffer from interference.
Therefore, in such case, the User acknowledges and agrees that CentralCharts shall only be bound by a best efforts obligation to the User in the resolution of malfunction of the Services.
You are solely responsible for any direct or indirect, special or material damage caused by yourself to CentralCharts or any third parties due to use of the Site or of the Services, and you guarantee CentralCharts and you will compensate the latter for any consequences of a claim or action by a third party in this respect.
The Services are a standard offer conceived to satisfy the greatest number of clients. CentralCharts cannot guarantee their suitability to your specific needs.
Moreover, the User acknowledges and agrees that CentralCharts can, at its sole discretion, modify and/or terminate, at any time, some of the Services offered on the Site, notably due to requirements of Data Providers or of any third parties involved in the provision of the Services and no damages can be claimed by the User.

Trading : Trading may expose you to risk of loss greater than your deposits and is only suitable for experienced clients who have sufficient financial means to bear such risk. The website only contains general information. They are not personal or investment advice nor a solicitation to buy or sell any financial instrument. Each investor must make their own judgement about the appropriateness of trading a financial instrument to their own financial, fiscal and legal situation.
All financial products traded on margin carry a high degree of risk to your capital. They are not suited to all investors, please ensure that you fully understand the risks involved, and seek independent advice if necessary.
Before trading using a real trading account, it is essential to train using a demo account first, to define a strategy appropriate to your investor profile, master aspects related to risk management, identify the psychological risks related to trading and understand how trading platforms operate.

 

 

5. INTELLECTUAL PROPERTY


The Site and their component parts and content, including their names are the exclusive property of CentralCharts and/or the Data Providers. Access to and use of the Services does not give any right to Users or to visitors over the Site, its elements and its content. It is prohibited to reproduce, post, distribute, show, communicate, alter, translate, adapt, or publish the Site or any of its elements or content, without prior written authorization from C CentralCharts.
The User recognizes that Data Providers own the Intellectual Property Rights to the market information including market data, quotations, indices, time stamps, prices, volumes, news and other information.
CentralCharts® is a trademark registered in France and in other countries. The names of the products, services or entities mentioned on the Site may be trade names or registered trademarks belonging to third parties and protected for this reason by intellectual property law. Any unauthorized reproduction may be punishable as counterfeiting. Showing, reproducing, distributing, extracting or reusing, in part or in entirety, of the databases accessible through the Site or the Services is specifically prohibited in virtue of the provisions of law number 98-536 of the 1st July 1998 relating to the legal protection of databases.

 

 

 

6. PROTECTION OF PERSONAL DATA AND PRIVACY


In application of the Law on Computing and Data Privacy, "loi Informatique et Libertés" n°78-17 of January 6th, 1978, CentralCharts, carries out all formal declarations of its data processing and shall collect and only carry out processing of personal data solely for the following purposes: management of online sales and visits on the Site, and/or use of the Services, and/or sending via email of information and/or of commercial offers of CentralCharts.
When using the Site, the following data can be collected: the URL links through which the user accessed the Site, the user's service provider, the user's Internet Protocol (IP) address.
CentralCharts gathers and carries out processing of Registration Data, of data relating to consultations carried out by the Users and/or visitors of the Site (« Connection Data »), of Electronic Communications and, in general, any information related to the User as a natural person, he communicated when subscribing on the Site and/or to the Services or when using the Site and/or the Services and enabling his identification.
We remind you that you have a right of access, of modification, of rectification and of deletion of personal data concerning you, on the condition of proving your identity. In order to exercise this right, you can simply contact us by electronic mail at the following address: support@CentralCharts.com
Users knowingly provide this information, in particular when they enter it themselves.  The obligation or non-obligation to provide such information is then made clear to Site users.

 

 

 

7. HYPERTEXT LINKS AND COOKIES


Hypertext links: The Site contains a number of hypertext links to third party Sites. CentralCharts can not be held responsible directly or indirectly for commercial activities, services or the content on these Sites. Any transaction that you have with third party Sites present on CentralCharts remains between you and the third party Site and you acknowledge and agree that we are not responsible for any loss or claim you might have against this third party Site.
We remind you that solicitation (commercial or other) of CentralCharts' members is strictly prohibited and may result in sanctions, including but not limited to, deleting the CentralCharts account, and any legal action which is appropriate and available for monetary and other damages.
Cookies : Cookies are files stored on the User's hard drive of his computer while browsing the Internet. A cookie stores information and tells us which part of the Site a User has viSited, his use of the Services and how he accessed the Site (for example, direct access by inserting the address of the Site in his browser or by clicking on a link or a banner on another Site), which can be read directly by the servers used by CentralCharts during visits and subsequent requests on the Site.

 

CentralCharts uses cookies :
- to generate statistics on the audience of the Site and origin of the Users
- to facilitate the User's browsing of the Site and/or the Services,
- to improve quality of the Site and/or the Services.
The User can define settings of the cookies management through his Internet browser's options (for Internet Explorer, go to "Tools", then "Internet Tools", and then to the "Confidentiality" section; for Firefox, go to "Tools", then "Options", then to the "Privacy" section and finally to the "Cookies" section). By changing these settings, the User can choose to accept all cookies, to be notified when activating a cookie or to disable all cookies. If the User chooses to modify these settings, his access to certain pages of the Site may be restricted or made impossible in some cases. The User can besides regularly remove the cookies stored on his hard drive or set up a "blacklist" of the Sites for which the User does not want to have cookies stored on his hard drive.

 

 

8. USERS

 

 

Law: CentralCharts' general conditions of use apply to all Site users, whether or not they have an account on CentralCharts. By using CentralCharts, you therefore confirm that you have read and accept the general conditions of use.
The use of the Site and Services is only for persons having the legal capacity to accept the Conditions of Use and, persons of legal age of consent and who are not under legal guardianship. By logging in to the Site, by using the Services on the Site, you acknowledge that you are of legal age of consent in accordance with the applicable Laws of your country of residence or have obtained authorization from your legal representatives. CentralCharts reserves the right to terminate your registration, if you do not have the legal capacity to accept the Conditions of Use.

Health Warning.: Warning on epilepsy and visual fatigue. Certain people are liable to have attacks of epilepsy or loss of consciousness linked to certain strong light stimulations, such as rapid succession of images, repetition of geometric figures, of light flashes, of on and off flashing or of displays. These people should consult their doctor before any use of the Services. If, while using the Services, you suffer from any visual fatigue, feeling of faintness, loss of consciousness or other symptom of epilepsy (contractions of the eye or of muscles, altered vision, tired sense of sight, involuntary movements and disorientation, ...) you should immediately stop using the Services and consult a doctor.

Confidentiality and use : At the end of your registration on the Site, you will have a user name and password ("Login"). The Login is reserved for your use. It is strictly personal and confidential. You are solely responsible for the protection, security and use of your Login. You (a) should not communicate the Login to any person or entity and (b) will not allow any other person or entity to use the Login. It is your responsibility to ensure confidentiality of your Login and restrict access to such information. You agree to be personally liable for all activities undertaken with your Login. Furthermore, you undertake to immediately notify CentralCharts, by all appropriate means, if you believe that someone other than yourself is using your Login and/or your account and to immediately change the Login as soon as you are aware of its loss, theft or unlawful use. You undertake (c) not to use or attempt to use another User's account or Login, (d) nor pretend to be someone else (including another User, employee or a representative of CentralCharts) in any manner whatsoever, (e) nor imply that your statement or comments are supported or endorsed by CentralCharts.

Cancellation: CentralCharts has no obligation to close an account and delete the activities posted by a member on CentralCharts on request of a user or of the owner of the account.

 

 

9. USE OF CENTRALCHARTS' CONTENT


CentralCharts has several widgets, from various RSS feeds, and applications (links to social networks) which enable certain CentralCharts content to be distributed to third party Sites.
The Widget Service enables the User to integrate on its website one or more Widgets in order to offer Internet users accessing said website a selection of financial information and technical analysis publish on the Site.
By distributing CentralCharts content through these tools, you agree to abide by CentralCharts' general conditions of use. Any use of the Widget Service which does not conform to the general conditions of use will result in the withdrawal of CentralCharts' content distribution tools on that Site.

 

Use of the CentralCharts' Widgets is subject to the following terms:
CENTRALCHARTS grants you a non-exclusive, personal and free of charges right to access and use the Widget Service. This right includes the right to reproduce the source code of the Widget in order to integrate the Widget on your webSite with real-time or delayed data.
In this respect, you agree to insert Widgets only on webSites you own and for which you have publishing responsibility. Insertion of Widgets on your webSite can only be made if you do not use them or use CentralCharts' image or distinctive signs so that it implies that CentralCharts endorses or otherwise affiliates itself with your webpage or the goods and services found on your webSite.

Widgets and all the related intellectual property rights are the exclusive property of CentralCharts. Access to and use of the Widget Service does not entitle Users or Internet users to Widgets and/or to financial information disseminated through Widgets.
You agree not to provide a third party with Widgets, in form of source code or executable code and in particular not to sell or grant to a third party a free right on all or part of the Widgets or related intellectual property rights.
You undertake not to modify, translate, reverse engineer (subject to provisions of the French Intellectual Property Code), create a derived product, or remove all or part of the Widgets and in particular not to alter any text, link or promotional image provided by CentralCharts with the Widget code. You must not, under any circumstances, remove, modify or alter CentralCharts notices trademarks and logos displayed on Widget.

Widget and its features are designed to enable the provision and the automatic display of information notably financial information on webSites where it is inserted. By accepting these Special Conditions, you agree with the fact that it is automatic and that you receive content. You acknowledge and agree that content transmitted by CentralCharts may be advertising or promotional content and will be displayed in the adverstising space at the bottom of the Widget.
If you do not wish to receive advertising or promotional content, you must reject these Special Conditions or terminate them and immediately uninstall the Widget.
By clicking on the content displayed in the advertising space of the Widget inserted on your webSite, users of your Site will have the opportunity to access C CentralCharts' webSite. You agree that CentralCharts can refer to your webSite to offer occasionally, to the users coming from your Site, partner offers on CentralCharts' services.
By accepting these Special Conditions, you therefore agree that CentralCharts may refer on its webSite, to your webSite.
If you do not wish CentralCharts to refer to your webSite as part of a partner offer, you must reject these Special Conditions or terminate them and immediately uninstall the Widget.

You undertake to not display the Widget on a Site:
(i) containing prohibited information, or contrary to applicable laws in force ,and in particular whose nature is offensive, disparaging, insulting, libelous, violent, pornography or child pornography, inciting racial hatred or violence, revisionist, constituting an apology for crimes against humanity, aiming at harassing or threatening, or likely to undermine human dignity or constitute a breach of privacy;
(ii) containing information liable to violate another person's rights, data or material protected by copyright or by any other intellectual property rights, know-how, personality rights or rights of privacy; that violates any law including intellectual property laws;
(iii) containing viruses, worms, zip bombs or any other program which is harmful or which interferes with the functioning of other webpages.
(iv) containing false information or information not conform to reality, and notably any explicit or implicit reference to occult practices or to palmistry, etc.
You expressly acknowledge and agree that CentralCharts reserves the right at any time, in its discretion, for any reason and without prior notice to you, to change, revise, modify, add, upgrade, remove or discontinue the Widget Service in whole or in part and no damages can be claimed to CentralCharts. CentralCharts may also impose limitations or restrictions upon and may revoke your access to and your use of the Widget Service, in whole or in part, without prior notice and no damages can be claimed to CentralCharts.

Responsability and warranties
The Widget Service is provided "as is" without any warranty of any kind. CentralCharts expressly disclaim any express or implied warranties relating to the Widget Service. By using the Widget Service, you assume all risks associated with its use.
You agree that neither CentralCharts nor the Data Providers shall have any liability, contingent or otherwise, for the truth, accuracy, completeness, timeliness, interruptions, omissions or correct sequencing of the data on the Widget Service, or for any decision made or action taken by you in reliance upon or interpretation of the financial information on the Widget Service.
CentralCharts does not guarantee the accuracy of the information and data supplied by Data Providers. Neither CentralCharts nor any Data Providers is liable for any informational errors, incompleteness, or delays, or for any actions taken in reliance on information disseminated by the Widgets. By using the Widget Service, you agree not to redistribute the information found therein, by any other means other than displaying the Widget on your webSite.
In no event shall CentralCharts or the Data Providers be liable for any damages arising out of or in any way connected with (1) the use of the Widget Service; (2) the delay, interruption or inability to use any aspect of the Widget Service; (3) any information obtained through the Widget Service.
You agree to indemnify CentralCharts from any and all consequences, notably monetary, of a claim or an action lodged against CentralCharts and arising from your use of the Widget Service.
CENTRALCHARTS may modify these Conditions at any time in its sole discretion. CentralCharts reserve the right to terminate this Service and your use of widget at any time in CentralCharts' sole discretion, including based on violation of these Conditions.

 

 

10. APPLICABLE LAW AND JURISDICTION


The Conditions of Use are subject to French law. The Conditions of Use have been translated into several languages. In case of ambiguity or disputed interpretation, the version edited in the French language will have legal precedence over the versions edited in other languages. For any disagreement concerning this document, the User or Site visitor has the possibility to open a free mediation procedure with the French mediator of consumption before any litigation. To do this, the user or webSite visitor must first make a written complaint to CentralCharts, which is a necessary prerequisite to any mediation request. The mediator will be chosen by CENTRALCHARTS. ANY DISAGREEMENT OR LITIGATION WHICH CAN NOT BE SETTLED ON AN AMICABLE BASIS FALLS WITHIN THE EXCLUSIVE COMPETENCE OF THE PARIS COURTS IN FRANCE, NOTWITHSTANDING MULTIPLICITY OF DEFENDANTS, INTRODUCTION OF THIRD PARTIES, SUMMARY PROCEEDINGS, BY SUMMARY ACTION OR PETITION.