Terms of Service

Thank you for your interest in Monthly Barometer. Please review the following Terms of Service carefully, which will govern your registration with and use of Monthly Barometer Platform.
By accessing and using the Monthly Barometer Platform, you agree to be legally bound by the terms and conditions (“Terms of Service”) contained in this document (“Agreement”), as well as by the terms of Monthly Barometer Privacy Policy and you are deemed to have understood and agreed to the Terms of Service. If you do not want to be bound by the Terms of Service, you may not make use of Monthly Barometer Platform.

Therefore, you acknowledge that you are fully aware that your acceptance of the content of these terms and conditions does not require the manual signing of this document, in so far as you wish to order online the services presented on the e-commerce website. By double clicking on the purchase order customers effectively enter an electronic signature that has the same value as a handwritten signature between the parties.

These general terms and conditions define the contractual agreement between le BAROMETRE MENSUEL, a French société par actions simplifiée whose head office is located at 219 chemin de la Croix des Pècles, 74400 Chamonix – FRANCE, registered on the Annecy R C S under number 752 515 478, hereinafter referred to as “Monthly Barometer” and any person visiting or making a purchase on the Platform for themselves or for a third party, hereinafter referred to as “You”;

These terms and conditions will prevail over all other terms.

The information on the Plateform does not constitute an offering in the legal sense of the term. Therefore, only orders made between You and Monthly Barometer constitute such an offering.

2-2 All internet users can read the terms and conditions on the Website. Therefore, any order of services implies your full and unreserved acceptance of the conditions set out in this contract. You are notified of these terms during the order validation process and each order is registered subject to their acceptance. Anyone purchasing a service on the Platform therefore acknowledges that they are perfectly familiar with these terms and shall refrain from denying such knowledge in the event of a dispute.

Modifications to the Terms of Service

Monthly Barometer may change these Terms of Service at any time and in its sole discretion. The date at the top of this page indicates when these Terms of Service were last updated. The modified Terms of Service will be effective immediately upon posting and you agree to the new posted Terms of Service by continuing your use Monthly Barometer Platform. Monthly Barometer will provide at least 10-days’ notice before any material changes take effect. If you do not agree with the modified Terms of Service, your only remedy is to discontinue using Monthly Barometer.
USER ACKNOWLEDGES THAT USER HAS READ THIS AGREEMENT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. USER FURTHER AGREES THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN USER AND MONTHLY BAROMETER WHICH SUPERSEDES ANY PROPOSAL AND/OR PRIOR AGREEMENT, WRITTEN OR ORAL, AND ANY OTHER COMMUNICATION BETWEEN USER AND MONTHLY BAROMETER RELATING TO THE SUBJECT MATTER OF THESE TERMS OF SERVICE.
Should you have any questions concerning these Terms of Service, please email:
info@monthlybarometer.com

Definitions

“Content” means all information and content available on Monthly Barometer Platform (if uploaded by Monthly Barometer, “Monthly Barometer Content”, and if uploaded by a User, “User Content”) and its “look and feel”, except all User submissions, including but not limited to trademarks, logos, service marks, copyrighted works, text, graphics, logos, button icons, images, audio/video clips, data compilations and software, and the compilation and organization thereof.

“Monthly Barometer” means Le Barometre Mensuel, 219 chemin de la Croix des Pecles – 74400 CHAMONIX-MONT-BLANC, France, d/b/a Monthly Barometer.

“Monthly Barometer Platform” refers to the Monthly Barometer website and includes any and all Content thereon and services provided by Monthly Barometer on or in conjunction with Monthly Barometer website, including, but not limited to, application program interfaces (“api’s”), storage, email and collaboration services.

“Monthly Barometer Services” refers to all products and services provided to you by Monthly Barometer, outside of Monthly Barometer Platform, including the Summit of Minds event series.

“User” shall mean any user or person who interacts with Monthly Barometer Content or User Content via Monthly Barometer Platform or Monthly Barometer Services.

Description of Monthly Barometer Platform – Services

Monthly Barometer is an analytical and predictive monthly newsletter that distills into one page those macro issues relevant to time-starved decision-makers. Monthly Barometer also owns the Summit of Minds, a conference organizing company that brings together hundreds of participants each year. Monthly Barometer does not and cannot guarantee that any User content is accurate or complete.
In order to use Monthly Barometer Platform, you must use one of the supported Internet browsers. Additionally, you are required to register your User information with Monthly Barometer. Monthly Barometer does not provide internet access, and you are responsible for all fees associated with your internet connection. Monthly Barometer permits you to subscribe to one of the following membership options:

  • MB DIGITAL
  • MB CONNECT
  • MB 100.

By subscribing to one of the above-mentioned memberships, you can have access to the following services, depending on the options you’ve chosen:

MB DIGITAL: this gives you access to the above-mentioned newsletter, Weekly selection and Covid-19 note

MB CONNECT: include all services of the MB DIGITAL option + a discount on your ticket for the Summit of Minds event organised by SUMMIT OF MINDS + the possibility to take part to Ideas Dinner (up to one per year) organised by the Summit of Minds + ask our Experts.

MB 100: include all services of the MB CONNECT option + the possibility to take part to several Ideas Dinner per year organised by the Summit of Minds + the possibility to take part to travel experiences; vertical Barometers and walks hops organised by the Summit of Minds.

All access to our publications is online access only – no hard copies are sent to you. By subscribing to one of the above-mentioned memberships, you have a direct access, by using your account and passwords, to these publications on our Platform and as long as your membership is valid.

The Summit of Minds is an event organised by the Summit of Minds, whose head office is located at 219 chemin de la Croix des Pècles, 74400 Chamonix – FRANCE, registered on the Annecy R C S under number 843 210 824.

Any registration to events organised by Summit of Minds shall be ordered directly to the Summit of Minds. Monthly Barometer does not take any registration on events organised by the Summit of Minds and in not bound by any agreement signed between you and the Summit of Minds regarding such events.

The Free Trial is a right to enjoy, for free, and only for a 2-months period starting from your subscription to the Free Trial option, to MB CONNECT.

Price of the Services – subscription

Memberships are subscribed at the price mentioned for the corresponding membership in the Platform at your subscription and for a fixed period of 1 year per membership.

Any membership is subscribed for a fixed period of 1 year (apart from the Free Trial which granted for 2 months).

The price of a membership shall be fully paid in advance at the subscription, unless otherwise mutually agreed upon in writing.

The price of each of the membership can be modified at any time by Monthly Barometer – the price to be paid by you is the one mentioned in the Plateform at your subscription.

At the end of the initial period of one year, you can choose to renew your membership at the price in force at your renewal mentioned in the Plateform or to not renew it. In case of non-renewal, you are not entitled to access to the various publications anymore.

The subscription will be considered as definitive only after the display of the summary by Monthly Barometer, which is acknowledgment of receipt of the subscription and of receipt of 100 % of the payment of the corresponding membership. An email will then be sent to you summarizing the order at the time of its registration.

The subscription form will be registered in Monthly Barometer computer registers, which are kept on a reliable and durable basis and will be considered as proof of your commitment.

You are responsible for paying for all memberships ordered for the entire year, whether or not such memberships and/or services included in such memberships are actively used.

You can pay your Membership by credit-card or by wire transfer to the bank account references provided by Monthly Barometer to you. The payment itself will only be considered executed after full collection of the funds by Monthly Barometer. An invoice is issued by Monthly Barometer and delivered to you upon payment of the subscription.

PLEASE NOTE that We do not accept cheques.

Charges relating to Foreign Bank Transactions are NOT covered by Monthly Barometer and must be taken into consideration when sending Bank payments to ensure the correct amount is received by Monthly Barometer.

For any payment by credit card, you must transmit the name of the cardholder, the bank card number, according to the type of card, the expiry date of the card and the cryptogram number (3-digit number on the back of the card banking). You will be automatically switched to the electronic banking server of Monthly Barometer’s bank. The bank’s server is secured by its electronic payment terminal in order to protect as efficiently as possible all the data related to the means of payment. You acknowledge that at no time will your banking data pass through the computer system of Monthly Barometer, who cannot therefore be held liable in the event of fraudulent subtraction of your bank data.

The transaction is immediately debited on your bank card after verification of your data. In the event that the debit of the price is impossible, the customer’s order will be cancelled.

Conditions and timelines for exercising right of withdrawal

In accordance with French law, any individual placing an order on the Plateform has a period of 7 calendar days to assert their right of withdrawal as of the date of acceptance of the agreement, i.e. the date that your basket is validated and that the e-mail is sent to confirm that We have received your subscription. All cancellations must be sent by email to : info@monthlybarometer.com

Apart from the above withdrawal right, once a subscription has been validated, you can’t cancel it.

In case of cancellation or termination of a membership during the year, no reimbursement shall be made by Monthly Barometer.

Minors

Monthly Barometer Platform is only accessible to persons who are legally capable to form a binding contract. Monthly Barometer Platform is not accessible to minors (less than 18 years of age) or other persons who do not have legal capacity to form binding contracts.

Registration and deletion of an account

In order to access and use most of Monthly Barometer Platform, you must register for an account. Registration is personal. You can at any given time, request to be removed from the Monthly Barometer Platform. You can delete your account by sending an email at any time to info@monthlybarometer.com with title “I want to delete my account” by mentioning which email address corresponds to your account.

Content posted by the Users

If you provide any company information, comments, links including information you consider confidential, you are solely responsible for the content and information that you post, upload, publish, display or otherwise make available on Monthly Barometer Platform or transmit to other Users.
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Monthly Barometer shall have no obligation to participate or assist in any way in the event of any dispute between Users.
Notwithstanding the above or anything to the contrary set forth in the Terms of Service, the User understands that Monthly Barometer may delete any content that violates these Terms of Service or may harm the reputation of Monthly Barometer Platform or Monthly Barometer shall have the absolute and unlimited right to reject any User, to terminate the account of any User, to delete any User Content, or to publish any User Content that is not confidential, including for the purposes of marketing. Monthly Barometer and/or Monthly Barometer Platform.

Limitations on use

In order to best serve our Users, and to comply with applicable laws, Monthly Barometer has a limited number of rules which govern how you may behave while interacting with Monthly Barometer Platform and other Users. Please review the rules below carefully, since your violation of them may result in the termination of your access to Monthly Barometer Platform in Monthly Barometer’s sole discretion at any time and without prior notice.Data Accuracy

We ask that any registration data you provide to Monthly Barometer is true, current and complete. In the event any of this information changes, please update it on your personal profile page. For details on how you can access your stored data, please refer to Monthly Barometer’s Privacy Policy

Passwords

During your registration you will set your account access login and password. You are responsible for maintaining the confidentiality of this information and are responsible for any and all activities and postings that are made using your account.

Please notify Monthly Barometer immediately if you suspect that an unauthorized person has accessed your account. Should you misplace or forget your password, please click on the “forgot password” link. If you continue to have problems, please contact our technical support staff at: info@monthlybarometer.com

Personnal access

You’re not entitled to give your access login and password to any other person (it being specified that for accounts of legal entities, any person belonging to this legal entity shall be entitled to use your login and password).

Should you give your access login and password to any other person or to any person outside of your legal entity, we shall be entitled to delete your account and to cease to permit you to have access t your account and to our services without any indemnification or reimbursement whatsoever for the remaining period until the initial period of your membership.

Compliance with Applicable Laws

You agree to use Monthly Barometer Platform only as provided for in these Terms of Service. You also agree not to use Monthly Barometer Platform in any way that is in conflict with the law in your jurisdiction.

Privacy

You agree not to collect or aggregate User information accessible through Monthly Barometer Platform for commercial use or redistribution, including the targeted marketing of non-Monthly Barometer services to individual Users. Monthly Barometer reserves the right to immediately terminate, without notice, the account of any User found to have violated this rule in the sole and absolute discretion of Monthly Barometer.

Prohibited Activities

In general, as a condition to your continued use of Monthly Barometer Platform, you agree that you will not use Monthly Barometer Platform for any purpose that is unlawful or prohibited by these Terms of Service. In the access or use of Monthly Barometer Platform, you shall comply with these Terms of Service and the special warnings or instructions for access or use posted on Monthly Barometer Platform. You shall act always in accordance with the law, custom and in good faith. You may not make any change or alteration to Monthly Barometer Platform or any Monthly Barometer content or services that may appear on Monthly Barometer Platform and you may not impair in any way the integrity or operation of Monthly Barometer Platform. Without limiting the generality of any other provision of these Terms of Service, if you default negligently or willfully in any of the obligations set forth in these Terms of Service, you shall be liable for all the losses and damages that this may cause to Monthly Barometer, our partners or affiliates.
By way of example, and not limitation, you agree not to:

  • post, transmit, or otherwise make available through or in connection with your use of Monthly Barometer:
    • any information or materials that are or may be, or the posting, transmission or use of which is or may be: (a) threatening, harassing, degrading, hateful or intimidating; (b) defamatory or libelous; (c) fraudulent or tortious; (d) obscene, indecent, pornographic or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right of any third party.
    • any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense; or that encourages or provides instructional information about illegal activities or activities such as “hacking,” “cracking,” or “phreaking.”
    • any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or that may or is intended to damage, hijack, disable, interfere with, or disrupt the operation of, or monitor the use of, any hardware, software or equipment.
    • any unsolicited or unauthorized advertisements, promotional material, “junk mail,” “spam,” “chain letter,” “pyramid scheme” or investment opportunity, or any other form of solicitation that is not expressly approved in writing by Monthly Barometer in advance.
    • any personally identifiable information of another individual, without the prior consent of such individual.
    • any material, non-public information about a company, without the proper authorization to do so.
  • use Monthly Barometer Platform for any fraudulent or unlawful purpose.
  • use Monthly Barometer Platform to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others’ privacy rights or rights of publicity, or to harvest or collect information about Users of Monthly Barometer Platform.
  • impersonate any person or entity, including without limitation any representative of Monthly Barometer or any other company; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with Monthly Barometer Platform; or express or imply that Monthly Barometer endorses any statement you make.
  • interfere with or disrupt the operation of Monthly Barometer Platform or the servers or networks used to make Monthly Barometer Platform available; or violate any requirements, procedures, policies or regulations of such networks.
  • restrict or inhibit any other person from using Monthly Barometer Platform (including without limitation by hacking or defacing any portion of Monthly Barometer Platform).
  • reproduce, duplicate, copy, sell, resell, link to or otherwise exploit for any commercial purposes, any portion of, use of, or access to, Monthly Barometer Platform.
  • modify, adapt, translate, reverse engineer, decompile or disassemble any portion of Monthly Barometer Platform.
  • remove any copyright, trademark or other proprietary rights notice from Monthly Barometer Platform or materials originating from Monthly Barometer platform.
  • frame or mirror any part of Monthly Barometer Platform.
  • create a database by downloading and storing Monthly Barometer Platform Content.
  • use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way Monthly Barometer Platform Content or reproduce or circumvent the navigational structure or presentation of Monthly Barometer Platform without Monthly Barometer’s express prior written consent.

User Submissions

We do not accept unsolicited suggestions and/or ideas. All inquiries, feedback, suggestions, ideas or other information any User provides to Monthly Barometer concerning Monthly Barometer Platform (collectively, “Submissions”) will be treated as non-proprietary and non-confidential. By transmitting or posting any Submission, the User hereby grants Monthly Barometer full ownership of the Submission as if Monthly Barometer had created, developed and posted the Submission for its own purposes. Monthly Barometer reserves the right to copy, use, reproduce, modify, adapt, translate, publish, license, distribute, sell or assign the Submission in any way as it sees fit, including but not limited to copying in whole or in part, creating derivative works from, distributing and displaying any Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works, or using the Submission within or in connection with Monthly Barometer’s products or services. User also acknowledges that User Submissions will not be returned and Monthly Barometer may use Submissions, and any ideas, concepts or know how contained therein, without payment of money or any other form of consideration, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products. For clarification, deal documents and emails or other communications between Users are not considered Submissions; Monthly Barometer claims no right, title or interest in such documents or communications.

If a User makes a Submission, the User represents and warrants that the User owns or otherwise control the rights to the Submission. User further represents and warrants that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam.” Users may not use a false email address, impersonate any person or entity, or otherwise mislead Monthly Barometer as to the origin of any Submission. The User agrees to indemnify Monthly Barometer for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission.

Monthly Barometer Platform permits the submission of content or communications submitted by Users (“User Content”) and the hosting, sharing, and/or publishing of such User Content. Monthly Barometer does not and will not claim any ownership over or rights to User Content other than a license to display it on the Monthly Barometer Platform, but User understands that whether or not such User Content is published, though Monthly Barometer will seek to maintain the confidentiality of any data designated as confidential by a User, Monthly Barometer does not guarantee any confidentiality with respect to any User Content.

User shall be solely responsible for User’s own User Content and the consequences of posting or publishing them. In connection with User Content , User affirms, represents, and/or warrants that: (i) User owns or has the necessary licenses, rights, consents, and permissions to use and authorize Monthly Barometer to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by Monthly Barometer Platform and these Terms of Service; and (ii) User has the written consent, release, and/or permission of each and every identifiable individual person in the User Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Content in the manner contemplated by Monthly Barometer Platform and these Terms of Service.

By submitting the User Content to Monthly Barometer Platform, User hereby grants Monthly Barometer a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with Monthly Barometer Platform and Monthly Barometer’s (and its successor’s) business, including without limitation for promoting and redistributing part or all of Monthly Barometer Platform (and derivative works thereof) in any media formats and through any media channels. In the event it does so, Monthly Barometer will seek to maintain the confidentiality of User Content consistent with the User’s designation, but once again cannot guarantee any such confidentiality. User also grants each User of Monthly Barometer Platform a non-exclusive license to access the User Content of that User through Monthly Barometer Platform, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Content as permitted through the functionality of Monthly Barometer Platform and under these Terms of Service. The foregoing license granted by User terminates once User or Monthly Barometer removes or deletes any User Content from Monthly Barometer Platform.

User agrees that User will not:
(i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless User is the owner of such rights or have permission from their rightful owner to post the material and to grant Monthly Barometer all of the license rights granted herein;
(ii) publish falsehoods or misrepresentations that could damage Monthly Barometer or any third party;
(iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
(iv) post advertisements or solicitations of business;
(v) impersonate another person.

Monthly Barometer does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with User Content. Monthly Barometer does not knowingly permit infringement of intellectual property rights on its Monthly Barometer Platform, and will remove all User Content if properly notified that such User Content infringes on another’s intellectual property rights. Monthly Barometer reserves the right to remove User Content without prior notice. Monthly Barometer will also terminate a User’s access to its Monthly Barometer Platform, if a User is determined to be a repeat infringer. Monthly Barometer also reserves the right to decide whether User Content is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Monthly Barometer may remove such User Content and/or terminate a User’s access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

If you are a copyright owner or an agent thereof and believe that any User Content or other Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You understand that when using Monthly Barometer Platform, you may be exposed to User Content from a variety of sources, and that Monthly Barometer is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content . You further understand and acknowledge that you may be exposed to User Content that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Monthly Barometer with respect thereto, and agree to indemnify and hold Monthly Barometer, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of Monthly Barometer Platform.

License to Use

Subject to the terms of these Terms of Service, which constitute the agreement between Monthly Barometer and you, the User, Monthly Barometer grants to you a non-exclusive, revocable, non-transferable license to use Monthly Barometer Platform. All right, title, and interest in and to Monthly Barometer Platform (excluding User Content) is and will remain the exclusive property of Monthly Barometer Platform and/or its licensors.

Links to other websites

Monthly Barometer may provide links to other websites which are for information purposes only and have not been reviewed by Monthly Barometer. We do not accept any responsibility for the content of such websites, nor do we accept responsibility for any losses or penalties incurred as a result of your use of any links or reliance on the content of any website to which Monthly Barometer Platform is linked. Monthly Barometer does not endorse and is not responsible for the content of external websites that link to Monthly Barometer or contained therein. In order to safeguard your privacy, please review the privacy policies of any sites that you may visit before providing any personal data to these third party sites.

You are prohibited to frame, link, or deep-link Monthly Barometer Platform to any other website without our prior written consent. Should you wish to do this please contact us at info@monthlybarometer.com

Computer viruses

Monthly Barometer endeavors to protect Monthly Barometer Platform from computer viruses, bugs, worms and Trojan Horses. However, Monthly Barometer does not warrant that Monthly Barometer Platform is free from computer viruses, bugs, worms and Trojan Horses and accepts no liability whatsoever for any damage that may result from the transmission of any computer viruses, bugs, worms or Trojan Horses via Monthly Barometer Platform or via any files which are available for you to download from Monthly Barometer Platform.

Privacy

Monthly Barometer is committed to protecting the privacy of its Users and has developed a detailed Privacy Policy that describes our practices and procedures regarding your data. Monthly Barometer only captures, stores and processes data required for the fulfillment of contractual obligations, for managing and developing the relationship with the Users, for guaranteeing a high level of service, for the security of operations and infrastructure and for invoicing purposes.

Please review the Privacy Policy before accepting this Agreement.

Availability of Monthly Barometer Platform

While it is our goal at Monthly Barometer to provide you with a useful, stable and available service, we cannot guarantee that there will be no unforeseen difficulties, technical or otherwise, which may, in rare cases, result in service interruptions or loss of data. For this reason, Monthly Barometer Platform and all Content and services on it are provided strictly on an ‘as is’ basis. By accepting these Terms of Service, you agree that neither Monthly Barometer nor any of its third-party service providers will be held accountable for any delays in transmission of your data, data loss, service interruptions or retention of User settings.

For a brief overview of our policies regarding the safeguarding of your data, please view our Privacy Policy.

Monthly Barometer reserves the right to change or discontinue, either temporarily or permanently, any part of Monthly Barometer Platform or any or all of its services at any time and without prior notice. You agree that neither Monthly Barometer nor any of its third-party service providers will be liable for any damages, including lost business opportunities, should such discontinuance occur.

Intellectual Property

All information and Content available on Monthly Barometer Platform and its “look and feel”, except all User Content (as defined herein), including but not limited to trademarks, logos, service marks, copyrighted works, text, graphics, logos, button icons, images, audio/video clips, data compilations and software, and the compilation and organization thereof is the property of Monthly Barometer, its partners or affiliates, or is used with consent of the owner, and is protected by French and international laws, including laws governing copyrights and trademarks. The reproduction and use of any of these by you is prohibited unless specific permission is provided on Monthly Barometer Platform or otherwise. Any unauthorized use may violate copyright laws, trademark laws, privacy and publicity laws, and/or communications regulations and statutes of the United Kingdom and foreign laws and international conventions.

The trademarks, service marks, logos, and other indicia, including of Monthly Barometer (collectively, the “Trademarks”) which appear on Monthly Barometer Platform are registered and/or unregistered trademarks of Monthly Barometer and others. Nothing contained on Monthly Barometer Platform should be construed as granting, by implication or otherwise, any right, license or title to any of the Trademarks without the advance written permission of Monthly Barometer or such third party as may be appropriate. All rights are expressly reserved and retained by Monthly Barometer. Your misuse of any of the Trademarks displayed on Monthly Barometer Platform, or any other Content on Monthly Barometer Platform, except as provided in these Terms of Service, is strictly prohibited. You are also advised that MonthlyBarometer Platform considers its intellectual property to be among its most valuable assets and will aggressively enforce its intellectual property rights to the fullest extent of the law. Both Monthly Barometer Platform and the Content of Monthly Barometer Platform are provided “AS IS” for Users information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Monthly Barometer reserves all rights not expressly granted in and to Monthly Barometer Platform and the Content. User agrees to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User submissions of third parties obtained through Monthly Barometer Platform for any commercial purposes. If User downloads or prints Content for personal use, User must retain all copyright and other proprietary notices contained therein. User agrees not to circumvent, disable or otherwise interfere with security related features of Monthly Barometer Platform or features that prevent or restrict use or copying of any Content or enforce limitations on use of Monthly Barometer Platform or the Content thereon. Monthly Barometer does not make any representations or warranties, whether express or implied, regarding or relating to Monthly Barometer Platform or any associated hardware or software, including the Content or operations of either.

Disclaimers

NONE OF MONTHLY BAROMETER, ITS AFFILIATES, THEIR RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (COLLECTIVELY, THE ‘MONTHLY BAROMETER PARTIES’) MAKES ANY WARRANTIES OR REPRESENTATIONS ABOUT MONTHLY BAROMETER PLATFORM OR ITS CONTENTS, INCLUDING BUT NOT LIMITED TO THEIR ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS, OR RELIABILITY. NONE OF MONTHLY BAROMETER PARTIES SHALL BE SUBJECT TO LIABILITY FOR TRUTH, ACCURACY, OR COMPLETENESS OF ANY INFORMATION MADE AVAILABLE ON OR THROUGH MONTHLY BAROMETER PLATFORM OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE MONTHLY BAROMETER PLATFORM SOLELY AT YOUR OWN RISK.

MONTHLY BAROMETER DOES NOT GIVE BUSINESS ADVICE, INVESTMENT ADVICE, TAX ADVICE OR LEGAL ADVICE TO ANYONE USING MONTHLY BAROMETER PLATFORM. MONTHLY BAROMETER DOES NOT CLAIM TO BE AND IS NOT A BROKER, DEALER OR INVESTMENT ADVISOR AND NOTHING HEREIN SHALL CONSTITUTE A SALE OR OFFER TO BUY OR SELL OR RECOMMEND ANY SECURITIES. MONTHLY BAROMETER DOES NOT MAKE INVESTMENTS. EACH USER OF MONTHLY BAROMETER PLATFORM MAKE HIS OR HER OWN INVESTMENT DECISIONS BASED UPON HIS OR HER PERSONAL DUE DILIGENCE INVESTIGATION AND OTHER PERSONAL INVESTMENT CRITERIA. MONTHLY BAROMETER IS NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY WITH RESPECT TO THE ACTIONS OR OMISSIONS OF ANYONE USING MONTHLY BAROMETER PLATFORM. AS A CONDITION TO YOUR USE OF MONTHLY BAROMETER PLATFORM, YOU HEREBY WAIVE AND RELEASE ANY AND ALL CLAIMS, CAUSES OF ACTION OR OTHER RIGHTS THAT YOU MIGHT HAVE AGAINST ANY OF MONTHLY BAROMETER PARTIES ARISING OUT OF OR RELATING TO THE SUBMISSION AND REVIEW OF ANY MATERIALS MADE AVAILABLE ON OR THROUGH MONTHLY BAROMETER PLATFORM.

MONTHLY BAROMETER DOES NOT AGREE TO ANY OBLIGATIONS OF CONFIDENTIALITY, NONDISCLOSURE OR NONUSE, EXCEPT AS EXPLICITLY PROVIDED FOR IN OUR PRIVACY POLICY.

IN NO EVENT SHALL ANY MONTHLY BAROMETER PARTY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM EITHER A PERSON OR ENTITY’S USE OR INABILITY TO USE MONTHLY BAROMETER PLATFORM, OR THE SUBMISSION OF ANY MATERIALS VIA MONTHLY BAROMETER PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF MONTHLY BAROMETER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

At Monthly Barometer’s request, User agrees to defend, indemnify and hold harmless Monthly Barometer, its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, licensees, distributors and content providers from all damages, liabilities, claims and expenses, including without limitation attorneys’ fees and costs, arising from or related, directly or indirectly, to any misuse of Monthly Barometer Platform or breach of this Agreement by User.

Termination

Monthly Barometer reserves the right to suspend or terminate these Terms of Service and/or any User’s access to Monthly Barometer Platform at any time and without notice in its sole discretion.

Events beyond control

Monthly Barometer will not be responsible for any breach of these Terms of Service caused by circumstances beyond its reasonable control.

Entire Agreement/Severability

These Terms of Service, together with the Privacy Policy and the Cookies Policy and any other legal notices published by Monthly Barometer on Monthly Barometer Platform, shall constitute the entire agreement between you and Monthly Barometer concerning Monthly Barometer Platform. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Monthly Barometer’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

Dispute Resolution

If you have any concerns or claims with respect to these Terms of Service, please contact us at: info@monthlybarometer.com We will investigate and attempt to resolve any complaints and disputes regarding our use and disclosure of personal data.

The Agreement is governed by the substantive laws of France. Any dispute, controversy or claim arising out of or in connection with the Agreement is subject to the exclusive jurisdiction of the courts of Annecy, France.

Contact

Le Barometre Mensuel
219 chemin de la Croix des Pecles
74400 CHAMONIX-MONT-BLANC
France ​

E-mail
For any questions: info@monthlybarometer.com

Effective date: 31 May 2021