Terms of  Use

 

1) About STARKS and these Terms of Use

SMG France has its registered offices at 2 rue de Lille, 92200 Neuilly Sur Seine (the “Company”).  In these Terms of Use, we use “STARKS” and “we“, “us” and “our” to refer to the Company, its parent company, its affiliated companies and clinics.

These Terms of Use govern the use of STARKS websites and mobile applications (together the “Platforms”) by natural or legal persons visiting, linking to or using in any way the Platforms (the “Users”). In these Terms of Use, we use “STARKS” and “we“, “us” and “our” to refer to the Company, its parent company, its affiliated companies and clinics. The Platforms are owned and edited by STARKS.

Please read these Terms of Use carefully before using the Platform. By using any of the Platforms, you signify your assent and agreement to these Terms of Use.  If you do not agree to these Terms of Use, then you are not authorised to continue use of the Platforms. 

2) Updates to these Terms of Use

We may make changes from time to time to these Terms of Use so please check back regularly to keep informed of updates. The latest version of these Terms of Use will always be available on the Platform. Any new version of these Terms of Use shall take effect and will govern the use of the Platform and your relationship with us immediately upon the date of posting. By continuing to use any of the Platforms, you agree to be bound by the terms of these updates and amendments.

3) About hosting services

Hosting Services for our website is provided by Hostpoint AG, Neue Jonastrasse 60, 8640 Rapperswil-Jona, Switzerland: www.hostpoint.ch

4) STARKS Privacy policy

Our collection and processing of Personal Data on the Platforms, such as the types of information we collect regarding Users of the Platforms and the ways in which we may use that information, are governed by the terms of our Privacy Policy.

5) Use of materials on the Platforms

STARKS has created its various Platforms to provide information about its company, services and products for personal use. Whilst considerable effort has been made to ensure that the visual representations of STARKS products and services displayed on the Platforms are accurate and representative, slight variations, distortions and/or differences may be apparent when compared to the original product or actual results. This may, for example, be due to technical issues such as browser or computer settings. Accordingly, STARKS cannot be held liable for any apparent differences in the images represented on the Platforms and the original products or actual results.

Users may download one computer copy or print one copy of the material made available via the Platforms, or download the application on to your mobile device, for their own non-commercial, educational, private or domestic use only, provided that proprietary notices, in particular intellectual property notices such as copyright©, trademark™, are preserved intact and are not modified, deleted or changed. Unless otherwise stated, Users should assume that everything that they see or read on the Platforms (such as images, photographs, including any person represented in the photographs, illustrations, icons, texts, video clips, music, written and other materials) (“STARKS Material“) are protected by legislation such as copyright, designs and trademark legislation and under international treaty provisions and national laws worldwide.

Users are not authorised to sell, reproduce, distribute, communicate, modify, display, publicly perform, report or otherwise prepare derivative or second hand works based on or use any STARKS Material in any way for any public or commercial purposes. Furthermore, STARKS Material may not be displayed or communicated on any other platform, in a networked computer environment or on any other digital platform for any purpose whatsoever. In the event of breach of any of these Terms of Use, the User’s permission to use STARKS Material will automatically terminate and any copies made of STARKS Material must be immediately destroyed. Any unauthorised use of STARKS Material may infringe copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

6) Submissions and unsolicited communications

This section concerns communications sent to STARKS. It does not concern the communication of personal information to STARKS in relation to customer enquiries, the use of services or the purchase of products by phone or through the Platforms. The latter is governed by the rules stipulated in the Privacy Policy.

Any unsolicited communication or material transmitted by the User to STARKS via the Platforms or through social media, by electronic mail or otherwise, including, but not limited to, any data, questions or answers, comments, suggestions, or the like will be treated as non-confidential and non-proprietary by STARKS. By sending communications to STARKS, the User automatically grants STARKS a worldwide, royalty-free, perpetual, irrevocable, non-exclusive licence to use, reproduce, modify, publish, edit, translate, distribute, perform, and display such communication(s) alone, or as a part of other works in any form, media, or technology whether now known of hereafter developed and to sublicense such rights to anyone. Anything that the User transmits may be used by STARKS and its affiliated companies for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast and posting, or developing, manufacturing and marketing products using such information.

Furthermore, STARKS is well-known for both the distribution and research of anti-aging products and services. As a result, STARKS cannot agree to or accept to be the receiver of unsolicited proposals of collaboration from any User. Indeed, it is conceivable that STARKS may already be working on similar ideas, inventions and/or creations. Consequently, Users are advised that STARKS is not interested in receiving ideas or other proposals relating to creations or inventions they may wish to submit.

7) Limitation of liability

STARKS tries to ensure that the information provided is accurate and complete. However, STARKS does not warrant or represent that STARKS’s Material is accurate, error-free or reliable or that use of STARKS Material will not infringe rights of third parties.

STARKS does not warrant that the functional and/or technical aspects of the Platforms or the STARKS Material will be error free or that the Platforms, STARKS Material or the servers that make them available are free of viruses or other harmful components. If use of the Platforms or STARKS Material results in the need for servicing or replacing property, material, equipment, data or other element, STARKS is not responsible for those costs. Without limiting the foregoing, everything on the Platforms is provided to Users “AS IS” AND “AS AVAILABLE” AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, REASONABLE CARE AND SKILL, OR NON-INFRINGEMENT. STARKS and its suppliers make no warranties about the STARKS Material, software, text, downloads, graphics, and links, or about results to be obtained from using the Platforms.

To the fullest extent permitted by applicable law, STARKS shall not be liable for any indirect, incidental, special or consequential damages of any kind arising out of or in connection with the use of information available from the Platforms or any liability relating to any loss of use, interruption of business, lost profits or lost data, regardless of the form of action, whether in contract, tort (including negligence) or otherwise, even if STARKS has been advised of the possibility of such damages.

Please note that in some jurisdictions consumer protection laws may not allow certain exclusions or limitation of warranties or liabilities, and consequently some of the above exclusions and limitations may not apply.

8) Trademark notice

In general, all trademarks, logos and service marks (collectively the “Trademarks“) that appear on the Platforms are registered, unregistered or otherwise protected STARKS trademarks or are licensed for use by STARKS by third parties. Other trademarks are proprietary marks and are registered to their respective owners. Nothing contained on the Platforms should be construed as granting, by implication or otherwise, any licence or right to use any trademark without STARKS’s prior written permission or that of such third party who owns the trademark. Misuse of any trademark displayed on the Platforms, or any other content on the Platforms, except as provided herein, is strictly prohibited.

9) Copyright notice

All content (including STARKS Materials) on the Platforms are either Copyright © STARKS or are licensed for use by STARKS. All rights are reserved. Please refer to the section above on Use of Materials on the Platforms.

10) Links & linking

The Platforms may contain links to other platforms operated by third parties not affiliated to STARKS. The inclusion of any link to such third party sites does not imply endorsement by STARKS of those sites. STARKS has not reviewed all of the content contained in the linked sites and is not responsible for the content or accuracy of any off-site pages or any other sites linked to any of the Platforms. When Users choose to click through any link to off-site pages or third party sites then this is at their own risk.
STARKS does not authorise linking to any of its Platforms from a third party platform without its express prior written authorisation.

11) Termination and suspension

Users agree that STARKS may terminate or suspend their access to and use of the Platforms if STARKS  reasonably believes that they have violated or acted inconsistently with the letter or spirit of these Terms of Use, or violated the rights of STARKS, its affiliated companies or any third party, with or without notice to you. Users agree that STARKS may modify or discontinue providing any of the Platforms, with or without notice. Users agree that STARKS will not be liable to them or any third party as a result of such modification or discontinuation. The provisions entitled “Limitation of liability” and “General provisions” will survive termination of these Terms of Use.

12) General provisions

Unless otherwise specified, the information and materials presented on the Platforms are presented solely for the purpose of promoting STARKS’s products and services and in certain cases to present products for sale via a variety of means. STARKS makes no representation that STARKS Material is appropriate or available for use in every country of the world. You are responsible for compliance with applicable local laws, keeping in mind that access to STARKS Material may not be legal by certain persons or in certain countries. Our products are available in many parts of the world. However, the Platforms may identify products that are not available worldwide.

If any provision, or part of a provision, of these Terms of Use is found to be illegal, invalid or unenforceable, that provision or part-provision shall be deemed not to form part of these Terms of Use, and the legality, validity or enforceability of the remainder of the provisions of these Terms of Use shall not be affected, unless otherwise required by operation of applicable law.

These Terms of Use constitute the entire agreement between the User and us in relation to the use of the Platform, and replace and extinguish all prior agreements, draft agreements, arrangements, undertakings, or collateral contracts of any nature made by the parties, whether oral or written, in relation to such subject matter.

The waiver by STARKS of a breach of any provision of these Terms of Use will not operate to be interpreted as a waiver of any other or subsequent breach.

13) Contact us

If you have any questions or comments about these Terms of Use, or matters generally, please contact us at the address provided below.

  • Publisher: SMG France
  • Representative of the Publisher: Philippe Tabouis
  • Postal address: 2 rue de Lille, 92200 Neuilly Sur Seine
  • Telephone number: +33 (0)4 67 08 04 28
  • Email address: montpellier@starksglobal.com