General Conditions of Use and General Service Conditions
GENERAL CONDITIONS OF USE
PREAMBLE
BEEMOOV, a French Simplified Joint Stock Company (Société par Actions Simplifiées) (SAS) with a share capital of 200,000 euros, registered with the Registry of Trade and Companies of Nantes under the number B 492 377 908, with its registered office located at 57 Boulevard Gaston Serpette, 44000 Nantes, France (hereafter, “BEEMOOV” or the “OPERATOR”) publishes and operates online gaming platforms presented on the site www.beemoov.com (hereafter, the “PLATFORMS”).
These GENERAL CONDITIONS OF USE govern the use of the various PLATFORMS published by BEEMOOV and the various services offered thereon (hereafter, the “SERVICES”).
ANY USE MADE IN ANY CONNECTION WHATSOEVER OF ANY ONE OF THE GAMING PLATFORMS PUBLISHED BY BEEMOOV NECESSARILY IMPLIES THE USER'S ACCEPTANCE, WITHOUT RESERVATION, OF THESE GENERAL CONDITIONS OF USE.
ARTICLE 1: DEFINITIONS
- ACCOUNT: designates the interface on which the data provided by the MEMBER and hosted on the PLATFORMS are consolidated.
- CONTRIBUTOR: designates a MEMBER who posts a message on the FORUMS.
- FORUM: designates the forum accessible on the PLATFORM, as well as any page of a social network connected with a BEEMOOV game.
- MEMBER: designates any person who registers on the PLATFORM in order to benefit from the various services provided by BEEMOOV.
- OPTION: designates any equipment, character or, more broadly, any additional functionality of a game that is for pay.
- PARTIES: designates the USERS and BEEMOOV jointly.
- PLATFORMS: designates any of the internet sites and mobile applications for the BEEMOOV games. The PLATFORMS consolidate all of the hosted web pages, mobile applications and services offered to the USERS.
- SERVICE: designates all of the services offered by BEEMOOV to the USERS who wish to play online.
- USERS: designates jointly the MEMBERS and the VISITORS.
- VISITOR: designates any person who accesses and uses the PLATFORM.
ARTICLE 2: ROLE OF BEEMOOV
2.1 The role of BEEMOOV as the operator of the online gaming platform
By the intermediary of its PLATFORM, BEEMOOV offers certain information, functionalities and SERVICES to the USERS.
The PLATFORM is intended to allow the USERS to play online.
2.2 The role of BEEMOOV as the operator of the online Platform
2.2.1 Participation of BEEMOOV as a simple intermediary
The PLATFORMS published by BEEMOOV allow the MEMBERS to access and post messages on the FORUMS. BEEMOOV thus allows several parties to be in contact with the view of sharing content.
In this case, BEEMOOV does not exercise any a priori control over the messages posted on the FORUM and acts as a simple intermediary.
2.2.2 Loyalty, Clarity and Transparency
In its capacity as an online platform operator, BEEMOOV acts in a neutral, clear and transparent manner.
The messages by the CONTRIBUTORS are referenced by chronological order of publication.
If the number of individual monthly visitors on the FORUM is greater than five million individual visitors per month, BEEMOOV will disseminate rules of best practices.
ARTICLE 3: ACCEPTANCE OF THE GENERAL CONDITIONS OF USE
The use of the functionalities of the PLATFORM and the SERVICES involves the acceptance of these GENERAL CONDITIONS OF USE.
Thus, the USER undertakes to carefully read these GENERAL CONDITIONS OF USE when accessing the PLATFORM and is invited to download, print and retain a copy of them.
It is specified that these GENERAL CONDITIONS OF USE are referenced at the bottom of each page of the PLATFORMS by means of a hyperlink and thus may be consulted at any time.
ARTICLE 4: TECHNICAL SPECIFICATIONS
The USER acknowledges that he/she has the means and the skills necessary to use the PLATFORM.
The equipment necessary to access and use the PLATFORM, as well as the telecommunications costs incurred by using it are the responsibility of the USER.
ARTICLE 5: CONDITIONS FOR REGISTRATION
The registration as a MEMBER is in principle open to any natural person, subject to the stipulations provided for in ARTICLE 14 of these GENERAL CONDITIONS OF USE.
Only natural persons who are adults and capable or minors over the age of 16 years who can demonstrate authorization by their legal representatives may register to become a MEMBER.
Any VISITOR who wishes to register on the PLATFORM as a MEMBER is required to choose a personal identifier and password or to register via Facebook, Google Play Games or Apple Game Center.
It is the responsibility of the USER to ensure the confidentiality of his/her identifier and password. Any connection to the ACCOUNT of a MEMBER using the identifier and the password chosen at the time of registration (or other options such as Facebook, Google Play Games, Apple Game Center, etc.) will be assumed to have been made by the MEMBER him/herself.
In addition, if the USER registers on the PLATFORM via Facebook, Google Play Games and Apple Game Center, the creation of an ACCOUNT requires that a valid electronic address be provided.
The creation of several ACCOUNTS on the PLATFORM is at the discretion of the USER, within the limit of one account per Crush (character available for a romantic relationship), beyond that, it may be considered an abuse of creating accounts. BEEMOOV declines any responsibility with regard to the harmful consequences that the use of multiple accounts for a single MEMBER may have and reserves the right to close one or more accounts of the same USER in the event of obvious abuse affecting other USERS or the normal operation of the PLATFORM.
The USER is entirely responsible for the accuracy and the updating of the data communicated in connection with opening and managing his/her ACCOUNT.
BEEMOOV reserves the discretionary right to refuse the registration of a person who does not comply with the spirit of the PLATFORMS or who harms the image of BEEMOOV, without it being possible to hold BEEMOOV responsible in any manner whatsoever.
ARTICLE 6: METHODS OF OPERATION
The registration on any of the PLATFORMS as a MEMBER is free of charge.
It is recalled that the PLATFORMS permit access to a “FREEMIUM” game, namely a game that may be used in an entirely free manner without the obligation of any type of purchase (with the sole exception of the costs for connection to the internet).
The MEMBERS however have the ability to acquire OPTIONS by several means of payment, as well as by sponsorship or by gift.
Once they have been acquired, the OPTIONS are valid on the PLATFORM.
These OPTIONS are lost and not reimbursable if the MEMBER ACCOUNT is terminated, regardless of the cause and the origin of this termination.
The ACCOUNTS may not be transferred.
ARTICLE 7: FORUMS
7.1 Rights and obligations of the reader
All readers of a forum accessible on the PLATFORM must observe the intellectual property rights of the authors.
The reader must in particular ensure that he/she does not reproduce and disseminate the contributions published on this forum on other forums or other media without the consent of their authors.
All readers may, nonetheless, reproduce the content of this forum for the purpose of private consultations and may reproduce and disseminate short extracts from a message for information or research purposes, by citing the name of this forum and the name of the author of the message (either his/her actual name or pseudonym).
7.2 Rights and obligations of the CONTRIBUTOR
All CONTRIBUTORS remain the owners of their messages and the intellectual property rights connected thereto.
The comments made on this forum are published under the sole responsibility of the CONTRIBUTOR.
In this connection, the CONTRIBUTOR undertakes to:
- Behave with loyalty with regard to third parties,
- Respect the rights of third parties,
- Respect the privacy of third parties and the confidentiality of the exchanges with the USERS,
- Not post any texts that are contrary to the laws or regulations in force or contrary to common decency.
7.3 Rights and obligations of BEEMOOV
7.3.1. Control and moderation of the CONTRIBUTIONS
All the CONTRIBUTIONS are moderated after the fact.
Any message published remains the responsibility of its author and must comply with the law.
Violent, harmful, defamatory, racist or revisionist messages which make apologies for war crimes, or pedophilic messages or which call for murder or incite suicide, which incite discrimination or hatred or messages with content that reproduces without authorization a work protected by intellectual property, which are contrary to multiple texts in force and punishable by penal sanctions are entirely prohibited. If these types of content or other abusive content are sent nonetheless, it will be promptly deleted and their authors may be subject to court prosecution.
The readers may request the verification of any disputed post on a forum by contacting an administrator at the following address: support@beemoov.com.
BEEMOOV reserves the right not to publish CONTRIBUTIONS written by a MEMBER. It undertakes to indicate to such MEMBER the reasons for this rejection.
Independently of the moderation systems used on the social networks external to BEEMOOV, the BEEMOOV team or the external volunteer moderators may, as the case may be:
- delete any message containing an abusive nature
- sanction the author of an abusive message, by a formal notice on the forum or by banishing his/her account from the game
- signal or communicate to law enforcement any message of an illegal nature
- delete or modify any message that discloses content that is not yet available in the game
A system to notify any clearly unlawful content has been put in place in order to notify BEEMOOV of the existence of content contrary to the law or common decency.
7.3.2. Date of the CONTRIBUTIONS
BEEMOOV undertakes to display the date of the CONTRIBUTIONS by the MEMBERS and to ensure that they are updated if necessary.
ARTICLE 8: OBLIGATIONS OF THE PARTIES
8.1 Obligations of the USERS
In the context of the use of the PLATFORM, each USER undertakes not to violate public order and to comply with the laws and regulations in force, to comply with the rights of third parties and the provisions of these GENERAL CONDITIONS OF USE.
The USER is solely responsible for the publication of any content whether of a textual or graphical nature.
Each USER has the obligation to:
- Behave in a loyal manner with regard to BEEMOOV and third parties;
- Be honest and sincere in the information provided to BEEMOOV and to internet users and the other USERS, as the case may be;
- Respect the rights of third parties, and in particular the rights of BEEMOOV;
- Use the PLATFORMS and his/her ACCOUNT in accordance with the purposes described in these GENERAL CONDITIONS OF USE;
- Not distort the purpose of the PLATFORMS and the ACCOUNT in order to commit crimes, misdemeanors or violations punishable by the French Penal Code or any other law;
- Respect the privacy of third parties and the confidentiality of the exchanges with the USERS;
- Not attempt to divert internet users to another site or a competing service;
- Not seek to harm the automated data processing systems put in place in order to put the PLATFORMS online, in the sense of Articles 323-1 et seq. of the French Penal Code;
- Not post any content that is contrary to the laws or regulations in force or contrary to common decency;
- Not modify the information put online by BEEMOOV or by another USER;
- Not use the PLATFORM for massive sending of unsolicited messages (whether advertising or otherwise);
- Not disseminate data having the effect of diminishing, disorganizing, slowing or interrupting the normal operation of the PLATFORM.
In accordance with the legal and regulatory provisions in force and in accordance with the French law of July 29, 1881 concerning the freedom of the press, the USER undertakes not to disseminate any message or information:
- That constitutes wrongful denigration of BEEMOOV or the USERS;
- That is contrary to public order and common decency;
- That is of a harmful, defamatory, racist, xenophobic, revisionist nature or which harms the honor or the reputation of another;
- That incite discrimination or hatred for a person or a group of persons because of their origin or their belonging or not belonging to an ethnic group, a nation, a race or a specific religion;
- That threatens a person or group of persons;
- That is of a pedophilic nature;
- That incites committing a misdemeanor, a crime or an act of terrorism or which apologizes for war crimes or crimes against humanity;
- That incites suicide;
- That allows third parties to directly or indirectly procure pirated software, serial numbers of software, software permitting acts of pirating and intrusion into information and telecommunications systems, viruses and other logistical bombs and in general any software or other tool which allows harm to the rights of another and the security of persons and property;
- That are of a commercial nature (prospecting, solicitation, prostitution, etc.).
8.2 Obligations of BEEMOOV
The general obligation of BEEMOOV is an obligation of means. BEEMOOV does not bear any obligation of result or enhanced means of any sort.
BEEMOOV undertakes to put in place any means to ensure continual access and use of the PLATFORMS 7 days per week and 24 hours per day.
BEEMOOV however draws the attention of the USERS to the fact that the current communications protocols via the Internet do not allow for definitive and continual assurance of the transmission of electronic exchanges (messages, documents, identity of the sender or the recipient).
ARTICLE 9: RESPONSIBILITY
9.1. General principles
The stories told in the BEEMOOV games are fiction and any resemblance to currently or previously existing persons or situations is purely by chance and may not cause BEEMOOV to be held liable.
Moreover, BEEMOOV declines any responsibility:
- In the event it is temporarily impossible to access the PLATFORMS because of technical maintenance operations or updating of the information published;
- In the event of viral attacks or illicit intrusion into the automated data processing system;
- In the event of abnormal use or illicit operation of the PLATFORMS;
- In the event of a failure to observe these GENERAL CONDITIONS OF USE which is attributable to the USERS;
- In the event of a delay or failure to perform its obligations, when the cause of the delay or the failure to perform is connected with a case of force majeure as defined in Article 18 of these GENERAL CONDITIONS OF USE;
- In the event of an outside cause not attributable to BEEMOOV;
- For any indirect or immaterial damages such as lost opportunity, lost profits, lost contracts or damage to the image.
In the event of an abnormal use or illicit operation of the PLATFORMS, the USER is then solely responsible for the harm caused to third parties and the consequences of claims or actions which may result from this.
In any event, it is the responsibility of the MEMBER to provide proof of the fault of BEEMOOV in order to hold it responsible, which shall be strictly limited to direct damages.
9.2 Status of host
BEEMOOV possesses the capacity of host in the sense of Article 6 I 2 of the French Law of June 21, 2004 for confidence in the digital economy known as the LCEN.
In this connection, BEEMOOV undertakes to promptly remove any content (work or comment) which has been notified to it and which it considers to be clearly illicit in the sense of Article 6 I 2 of the LCEN once it is aware of this.
The notification of clearly illicit content must be made by e-mail to the address support@beemoov.com or by registered letter with proof of delivery.
In accordance with Article 6 I 5 of the LCEN, in order to be valid, the notification must state the following information:
- the date of notification;
- if the notifying party is a natural person: his/her full name, profession, residence, nationality, date and place of birth; if the notifying party is a legal entity: its form, corporate name, registered office and the body that legally represents it;
- the name and the residence of the recipient or, if this is a legal entity, its corporate name and its registered office;
- a description of the disputed events and their precise location;
- the reasons why the content must be withdrawn, including a citation of the legal provisions and proof of the events;
- a copy of the correspondence sent to the author or the publisher of the disputed information or activities requesting that they be ceased, withdrawn or modified, or proof that this author or publisher cannot be contacted.
ARTICLE 10: INTELLECTUAL PROPERTY
10.1 Property of BEEMOOV
The trademarks, logos, slogans, graphics, photographs, animations, videos, software and texts contained on the PLATFORMS are the exclusive intellectual property of BEEMOOV and may not be reproduced, used or represented without the express authorization of BEEMOOV or its partners, subject to the penalty of court prosecution.
Any total or partial representation of the PLATFORMS and their content by any procedure whatsoever, without the express prior authorization of BEEMOOV is prohibited and constitutes an infringement sanctioned by Articles L.335-2 et seq. and Articles L.713-1 et seq. of the French Intellectual Property Code.
This prohibition includes in particular the total or partial representation on Internet sites or social networks such as Facebook, Instagram, etc. or on video platforms such as YouTube, Twitch, etc.
The practice of deep links to a PLATFORM is prohibited without the express written consent of BEEMOOV.
BEEMOOV expressly prohibits:
1° The extraction by permanent or temporary transfer of the entirety or a qualitatively or quantitatively substantial portion of the content of a database to another medium, by any means and in any form whatsoever;
2° The re-use by provision to the public of the entirety or a qualitatively or quantitatively substantial part of the content of the database, regardless of the form.
10.2 License to use the PLATFORMS
BEEMOOV grants a personal, non-exclusive and non-transferable license to the USERS authorizing them to use the PLATFORMS and the information that they contain, in accordance with these GENERAL CONDITIONS OF USE.
Any other use of the PLATFORMS and their content is excluded from the scope of this license and may not be made without the prior express authorization of BEEMOOV.
10.3 License granted by the MEMBER
In the event that an element provided by a MEMBER is considered to be a work in the sense of Article L.112-2 of the French Intellectual Property Code, by express agreement and solely in the context of the use of the PLATFORM, the MEMBER grants a license for the operating rights necessary to put such work online, particularly the rights of reproduction and representation.
This license is granted to BEEMOOV free of charge in exchange for the services provided to the MEMBER by BEEMOOV.
Consequently, BEEMOOV may reproduce and represent the work of the MEMBER in any format and on any other page of the PLATFORMS.
This license is granted on a non-exclusive and transferable basis for the duration of the intellectual property rights to the work and for the entire world.
The MEMBER guarantees that the works that he/she publishes do not constitute a violation of any intellectual property rights or constitute any unfair competition or parasitism.
In this connection, the MEMBER undertakes to ensure the defense of BEEMOOV and to bear all of the costs incurred against any claim directly concerning the works and their normal use.
ARTICLE 11: TERMINATION
Each USER may terminate his/her registration on the PLATFORM by requesting that BEEMOOV close his/her personal account. This request shall be considered to have been completed within a maximum of 30 working days following receipt by BEEMOOV.
The termination shall cause the definitive erasure of all personal data concerning the MEMBER, except for the data which identify the publisher of content, in the sense of the French Law of June 21, 2004, which are retained for one year before being destroyed.
Without prejudice to the other provisions of these GENERAL CONDITIONS OF USE, BEEMOOV may terminate the USER's account without advance notice or warning in the event of a serious failing by the USER with regard to one of his/her obligations.
Without prejudice to the other provisions hereof, in the event of a failure by the USER with regard to any of his/her obligations, BEEMOOV may terminate the USER's account within a maximum period of fifteen (15) days after sending an e-mail to the USER notifying him/her of the failure and requesting that he/she comply with these GENERAL CONDITIONS OF USE which remains without effect.
The termination shall take place without prejudice to any damages which may be claimed by BEEMOOV from the USER or his/her successors and legal representatives in reparation of the harm suffered because of such failings.
The USER shall be informed by e-mail or by any other ad hoc means of communication (push notification, message in the games, etc.) concerning the termination or the confirmation of the termination of his/her personal account. His/her data shall be destroyed upon his/her request or upon the expiration of the legal periods following the termination of the personal account.
ARTICLE 12: PROTECTION OF THE PERSONAL DATA OF THE USERS
In connection with the operation of the PLATFORMS, BEEMOOV may collect personal data.
These data are necessary for the management of the PLATFORMS and in order to provide the SERVICES. The data are stored confidentially by BEEMOOV for the purposes of the agreement, its performance and in observance of the law.
In this connection, the USER is invited to consult the Confidentiality Policy accessible at the following address: https://us.beemoov.com/legal/privacy , which will give him/her all of the information concerning the protection of personal data and the processing carried out via the PLATFORM.
In accordance with the French Data Protection Act (Law No. 78-17 of January 6, 1978) and the (EU) Regulation 2016/679 of the European Parliament and the Council of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (the General Data Protection Regulation, known as the GDPR), BEEMOOV ensures the implementation of the rights of the data subjects.
It is recalled that the USER whose personal data are processed benefits from the rights of access, rectification, updating, portability and erasure of the information concerning him/her, in accordance with the provisions of Articles 49, 50 and 51 of the French Data Protection Act, as amended, and the provisions of Articles 15, 16 and 17 of the European General Data Protection Regulation (the GDPR).
In accordance with the provisions of Article 56 of the French Data Protection Act, as amended, and the provisions of Article 21 of the GDPR, the USER may also, for legitimate reasons, object to the processing of data concerning him/her, without justification and without cost.
The USER may exercise these rights by sending an e-mail to the address: support@beemoov.com or a letter to BEEMOOV at the following address: 57 boulevard Gaston Serpette, 44000 Nantes, France.
ARTICLE 13: MODIFICATION
BEEMOOV reserves the right to modify these GENERAL CONDITIONS OF USE at any time. The modifications that it makes shall enter into force on the date when they are published and disseminated.
Any registration after the date of the modified GENERAL CONDITIONS OF USE shall be considered to have been made in consent with the new version of the GENERAL CONDITIONS OF USE.
Any MEMBER registered prior to the entry into force of the modifications of the GENERAL CONDITIONS OF USE shall retain the right to terminate his/her ACCOUNT at any time, as provided for in Article 11 TERMINATION, hereof.
ARTICLE 14: PROTECTION OF MINORS
The PLATFORM is prohibited to minors under the age of 16 as it may contain scenes of nudity, conduct or allusions of a sexual nature, or other content of a mature nature (violence, religion, death, etc.).
Minors over the age of 16 must obtain the authorization of their legal representative in order to use the PLATFORM.
The voluntary purchase of OPTIONS is reserved only to natural persons who are adults and capable or to minors under the responsibility of such adult and capable persons.
Beyond a certain purchase threshold, BEEMOOV reserves the right to ask the buyer to confirm that he/she is an adult or that he/she has the authorization of his/her legal representative.
In the absence of confirmation, no transaction for payment shall be authorized on the ACCOUNT in question.
ARTICLE 15: PRECAUTIONS CONNECTED WITH THE USE OF A VIDEO GAME AND THE PROTECTION OF EPILEPTIC PERSONS
Certain USERS may have epileptic seizures including, as the case may be, losses of consciousness upon seeing, in particular, certain types of strong light stimulations such as:
- rapid successions of images or repetition of simple geometric figures,
- lightning or explosions.
These USERS are exposed to possible seizures when they use the PLATFORMS, even if they do not have any medical antecedent or if they have never been subject to epileptic seizures.
BEEMOOV encourages parents to be attentive to their children when they are using the PLATFORM.
BEEMOOV recommends:
- avoiding continued use of the game if the USER presents signs of fatigue or lack of sleep,
- using the PLATFORM in a well-lighted room and moderating the brightness of the screen,
- using the PLATFORM by keeping a good distance from the screen and taking regular pauses.
Moreover, BEEMOOV recommends immediately ceasing to play and to consult a doctor if the USER shows any of the following symptoms:
- Dizziness,
- Blurred vision,
- Contraction of the eyes or muscles, disorientation,
- Involuntary movements or convulsions,
- Temporary loss of consciousness.
Finally, BEEMOOV recommends that the USER consult a doctor before using the PLATFORM if the USER or a member of his/her family has already presented the symptoms set out above.
ARTICLE 16: CHEATING AND ABUSE
In order to apply and to ensure compliance with the General Conditions of Use and the General Services Conditions, BEEMOOV does not authorize any modification or alteration of the use of the PLATFORM and in particular prohibits the following actions:
- The creation, dissemination or use of programs, software, codes, add-ons, mods, hacks, source code alteration, etc. which allow the USER to modify the operation of the PLATFORM;
- The installation or the use of servers other than those of BEEMOOV or its hosts which allow access to the services of the PLATFORM (mirror site, emulator, etc.);
- The use, theft or usurpation of the account of another USER;
- The collection of data or information concerning a USER with a view to exchanges with third parties;
In response to this type of practice, BEEMOOV reserves the right, if necessary, to:
- collect the information necessary to block access to the PLATFORM (the IP address)
- delete the account(s) of the USERS in question
- prosecute the USERS in question in court in the event of moral or financial harm to BEEMOOV or third parties.
ARTICLE 17: FORCE MAJEURE
Force majeure exists in a contractual matter when an event outside of the control of the debtor, which could not be reasonably foreseen at the time of concluding the agreement and the effects of which cannot be avoided by appropriate measures creates an obstacle for the debtor to perform its obligations.
If the obstacle is temporary, the performance of the obligation is suspended unless the resulting delay justifies the termination of the agreement. If the obstacle is definitive, the agreement is terminated automatically and the PARTIES are released from their obligations under the conditions provided for in Articles 1351 and 1351-1 of the French Civil Code.
In this connection, BEEMOOV may not be held responsible particularly in the event of a computer pirate attack, unavailability of equipment, supplies, spare parts, personal or other equipment, interruption in electronic communications networks, as well as in the case of the occurrence of any circumstance or event outside of the wishes of BEEMOOV which occur after the conclusion of the GENERAL CONDITIONS OF USE and which prevent its performance under normal conditions.
It is specified that in such a situation, the USER may not claim the payment of any compensation and may not undertake any recourse against BEEMOOV.
In the event of the occurrence of the events cited above, BEEMOOV shall undertake to inform the USER as soon as possible.
ARTICLE 18: GENERAL PROVISIONS
No indication or document may give rise to any obligations not included in these GENERAL CONDITIONS OF USE unless they were subject to a new agreement between the PARTIES.
The fact that one of the PARTIES has not required the application of any one clause of these GENERAL CONDITIONS OF USE, whether this is in a permanent or temporary manner, may not in any event be considered to be a waiver of such clause.
In the event of difficulties of interpretation resulting from the titles appearing in the headings to the clauses and any of the clauses themselves, the titles shall be declared not to exist.
If any of the stipulations in these GENERAL CONDITIONS OF USE is found to be invalid with regard to any legislative or regulatory provision in force and/or a court decision not subject to appeal, it shall be considered not to exist and shall not in any way affect the validity of the other clauses which shall remain fully applicable.
Such a modification or decision shall not authorize the USERS in any event to disregard these GENERAL CONDITIONS OF USE.
ARTICLE 19: APPLICABLE LAW AND SETTLEMENT OF DISPUTES
IN THE ABSENCE OF MANDATORY RULES OF PUBLIC ORDER TO THE CONTRARY, THESE GENERAL CONDITIONS OF USE AS WELL AS THE RELATIONS BETWEEN THE USER AND BEEMOOV ARE GOVERNED BY FRENCH LAW.
In the event of a disagreement arising between the PARTIES concerning the interpretation, the performance or the termination of this agreement, the PARTIES shall undertake to resolve this amicably.
The USER is first of all invited to contact the client service of BEEMOOV by e-mail at the address: support@beemoov.com
If no agreement is found, an optional mediation procedure shall then be proposed, to be conducted in a spirit of loyalty and good faith with a view to reaching an amicable agreement at the time of the occurrence of any conflict relating to this agreement, including with regard to its validity.
The PARTY which desires to implement the mediation process must inform the other PARTY of this by registered letter with proof of delivery and indicate the elements of the conflict. If, at the end of fifteen (15) days, the PARTIES are unable to reach a resolution, the dispute shall be submitted to a mediator chosen by agreement or appointed by a court. In the event that the mediation fails, the disagreement may give rise to mediation that will be entrusted to the competent court designated above.
LEGAL STATEMENTS
This Internet site is published and operated by the company BEEMOOV (hereafter, BEEMOOV), a French Simplified Joint Stock Company (Société par actions simplifiée) with a share capital of 200,000 euros, registered with the Registry of Trade and Companies of NANTES under the number B 492 377 908, located at 57 Boulevard Gaston Serpette, 44000 NANTES, France, with the European Union VAT number: FR82 492 377 908. (E-mail: support@beemoov.com; Telephone: +33 (0)1 84 16 32 99).
The directors of the publication are Benoit Guihard and Jean-Philippe Tessier.
The service provider ensuring the hosting and the direct and permanent storage of the PLATFORMS is the company OVH: OVH, 2 rue Kellermann, 59100 ROUBAIX, France (Telephone: +33(0).899.701.761, Site: www.ovh.fr)
GENERAL SERVICE CONDITIONS
The PLATFORM may be used entirely free of charge. The MEMBER may, however, if he/she desires, purchase various types of virtual currency or paid options, with a view to progressing more rapidly in the game.
These GENERAL SERVICE CONDITIONS are intended to precisely regulate this optional paid use of the PLATFORM. They are intended to apply to any order placed by a MEMBER (hereafter, the “CLIENT”) for services on the PLATFORM from BEEMOOV, a French Simplified Joint Stock Company (Société par Actions Simplifiée) (SAS) with a share capital of 200,000 euros, registered with the Registry of Trade and Companies of Nantes under the number B 492 377 908, with its registered office located at 57 Boulevard Gaston Serpette, 44000 NANTES, France (hereafter, “BEEMOOV”).
Important: The purchase of any OPTION made on the PLATFORM necessarily implies the CLIENT's acceptance, without reservation, of these GENERAL SERVICE CONDITIONS.
ARTICLE 1: DEFINITIONS
- CLIENT: designates the contractual partner of BEEMOOV, who guarantees that he/she has the capacity of a consumer as defined by French law and case law. In this connection, it is expressly agreed that the CLIENT is acting outside of any habitual or commercial activity;
- ACCOUNT: designates the interface on which all of the data provided by the MEMBER and hosted on the PLATFORM are consolidated.
- MEMBER: designates any USER who registers on the PLATFORM in order to benefit from the various services provided by BEEMOOV.
- OPTION: designates the equipment, character or more broadly, the additional functionality for payment which allows an improvement in the game to be obtained.
- PARTIES: designates jointly BEEMOOV and the MEMBER undertaking the purchase of one or more OPTION(S).
- PLATFORM: designates any of the internet sites and mobile applications for the BEEMOOV games. The PLATFORMS consolidate all of the hosted web pages, mobile applications and services offered to the USERS.
- VISITOR: designates any person who accesses and uses the PLATFORM.
- USERS: designates jointly the MEMBERS and the VISITORS.
ARTICLE 2: OBJECTIVE
These GENERAL SERVICE CONDITIONS are intended to define the rights and obligations of each of the PARTIES in connection with the purchase of OPTIONS.
ARTICLE 3: ACCEPTANCE OF THE GENERAL SERVICE CONDITIONS
Prior to making payment for an order for OPTIONS placed on the PLATFORM, the CLIENTS must carefully read, download and print the GENERAL SERVICE CONDITIONS accepted at the time of registration or after any updating and when they are provided for each the means of payment offered.
These GENERAL SERVICE CONDITIONS are referenced at the bottom of each page on the PLATFORM by means of a link and they must be consulted before placing an order.
BEEMOOV advises the CLIENT to read these GENERAL SERVICE CONDITIONS at the time of each new order, as the latest versions of these GENERAL SERVICE CONDITIONS applies to each new order for OPTIONS.
ARTICLE 4: OBLIGATIONS OF THE PARTIES
4.1. Obligations of the CLIENT
By clicking on the heading “Bank,” the CLIENT decides to use the supplementary paying functionality with a view to purchasing one or more OPTIONS and consequently to progress more rapidly in the game.
Thus, by purchasing OPTIONS, the CLIENT undertakes to pay the price set on the PLATFORM, to comply with all laws and regulations and to advise BEEMOOV of any information of which he/she may be aware and which may have an impact on the performance of these GENERAL SERVICE CONDITIONS.
4.2. Obligations of BEEMOOV
In the framework defined by these GENERAL SERVICE CONDITIONS, BEEMOOV undertakes to credit the ACCOUNT of the MEMBER/CLIENT according to the type of OPTION purchased.
ARTICLE 5: PURCHASE OF OPTIONS
5.1 Characteristics of the products
BEEMOOV undertakes to present the essential characteristics of the OPTIONS and the mandatory information that the CLIENT must receive by virtue of applicable law.
The CLIENT undertakes to carefully read this information before placing an order on the PLATFORM.
Unless expressly indicated to the contrary on the PLATFORM, all of the OPTIONS offered by BEEMOOV are in accordance with European legislation in force and the standards applicable in France.
5.2 Placing the order
The orders for OPTIONS are placed directly on the PLATFORM. In order to make an order, the CLIENT must follow the stages described below (note, however, that depending on the page where the CLIENT starts, the stages may be slightly different).
5.2.1. Selection of OPTIONS
By clicking on the heading “Bank,” the CLIENT decides to use the supplementary paying functionality with a view to purchase OPTIONS allowing him/her to progress more rapidly in the game.
The CLIENT accesses the various means of payment made available to him/her in order to obtain OPTIONS in exchange for the payment of a sum of money.
5.2.2. Orders
The CLIENT must register/ identify him/herself before placing an order for OPTIONS. Once the OPTIONS are selected, the CLIENT is offered various payment services.
The CLIENT is invited to verify the content of his/her order (including the quantity of OPTIONS, the method of payment and the price) before validating the content of the order.
The CLIENT may then undertake the payment of the OPTIONS by following the instructions appearing on the PLATFORM and providing all of the information necessary for invoicing and the performance of the SERVICES.
5.2.3. Confirmation of receipt
Once all of the stages described above are completed, a notification will appear on the PLATFORM in order to confirm receipt of the CLIENT’s order.
BEEMOOV does not send any other form of order confirmation.
5.3. Date of the order
The date of the order is the date on which BEEMOOV confirms receipt of the order online. The timeframes indicated on the PLATFORM only begin running as from that date.
5.4. Price
For the purchase of any OPTIONS, the CLIENT will find the prices displayed on the PLATFORM in standard currency, including all taxes.
These prices in particular include, if applicable, the value added tax (VAT) at the rate in force as of the date of the order. It is noted that any change in the applicable rate may impact the purchase price of the OPTIONS as from the date of entry into force of the new rate.
The applicable price is that indicated on the PLATFORM on the date when the order is placed by the CLIENT, except in the case of a serious error. BEEMOOV reserves the right to change the prices for the OPTIONS.
ARTICLE 6: PAYMENT
6.1 Means of payment
The CLIENT accesses the various means of payment made available to him/her in order to obtain OPTIONS in exchange for the payment of a sum of money in standard currency.
Certain of the means of payment are directly managed by the payment service providers which are partners of BEEMOOV and which may impose certain particular conditions of use and/or additional fees. The CLIENT must verify these particular conditions and/or these additional fees before making his/her purchase. The CLIENT expressly acknowledges that BEEMOOV has the right to modify or change access to the various means of payment offered on the PLATFORM at its sole discretion.
In particular, the CLIENT has access to the following means of payment:
- Banking card;
- Paypal;
- Apple Store;
- Google Play;
- HIPAY;
- Boa Compra;
- EBanx;
- SMS.
6.2 Payment date
The CLIENT's account shall be debited for the order for OPTIONS placed on the PLATFORM.
6.3 Delay or refusal of payment
If the bank refuses to debit a card or another means of payment, the CLIENT must contact the Client Service of BEEMOOV in order to pay for the order by any other valid means of payment. If, for any reason whatsoever, the transmission of the funds owed by the CLIENT is impossible, the order shall be cancelled.
ARTICLE 7: RIGHT OF RETRACTION
If he/she resides in the European Union, the CLIENT possesses in principle a period of retraction of 14 calendar days as from the acceptance of the offer and as a consequence of the payment.
However, in accordance with the provisions of Article L. 221-28 13 of the French Consumer Code, the CLIENT expressly waives his/her right of retraction as concerns the purchase of digital content that is not provided on a physical medium and for which the performance commences as of the payment of the OPTION by the CLIENT.
In effect, as the OPTIONS are in principle provided to the CLIENT immediately after the purchase, the CLIENT can no longer apply his/her right of retraction once he/she has started to use the OPTIONS in connection with the game offered on the PLATFORM.
It is specified that the fact of not using the OPTIONS beyond the period of 14 calendar days of the legal retraction period does not constitute justification for reimbursement.
ARTICLE 8: RESPONSIBILITY
BEEMOOV may not in any event be held responsible in the event of a failure to perform or a poor performance of the contractual obligations that are attributable to the CLIENT, particularly at the time of inputting his/her order.
BEEMOOV may not be held responsible or be considered to have failed to perform this agreement for any delay in performing or failure to perform when the cause for this delay or the failure to perform is connected with a case of force majeure in the sense of Article 9.
BEEMOOV does not control the web sites which are directly or indirectly connected with the PLATFORM. Consequently, it excludes any responsibility connected with the information that is published thereon. The links to web sites of third parties are only provided as an indication and no guarantee is provided with regard to their content.
IT IS NOTED THAT CERTAIN PAYMENT SOLUTIONS HAVE THEIR OWN GENERAL CONDITIONS THAT THE CLIENT MUST VALIDATE AFTER HAVING REVIEWED THEM.
ARTICLE 9: FORCE MAJEURE
BEEMOOV may not be held responsible if the failure to perform or the delay in the performance of any of its obligations described in these GENERAL SERVICE CONDITIONS results from a case of force majeure as described in Article 17 of the GENERAL CONDITIONS OF USE.
ARTICLE 10: VALIDITY OF THE GENERAL CONDITIONS
Any modification in the legislation or the regulations in force, or any decision by a competent court that invalidates one or more clauses of these General Conditions may not affect the validity of these General Conditions. Such a modification or decision shall not authorize the CLIENTS in any event to disregard these General Conditions.
All of the conditions not expressly addressed in this document shall be governed according to standard practices of the sector for commerce with the public for companies whose registered office is located in France.
ARTICLE 11: MODIFICATION OF THE GENERAL SERVICE CONDITIONS
These GENERAL SERVICE CONDITIONS apply to all purchases of OPTIONS made by the intermediary of the PLATFORM, so long as it is available online.
The GENERAL SERVICE CONDITIONS are dated in a precise manner and may be modified and updated by BEEMOOV at any time. The applicable GENERAL SERVICE CONDITIONS are those in force at the time of the order. The changes made to the GENERAL SERVICE CONDITIONS shall not apply to purchases already made.
ARTICLE 12: PERSONAL DATA
On the PLATFORM, BEEMOOV collects personal data concerning its CLIENTS, including by means of cookies. The CLIENTS may deactivate the cookies by following the instructions provided by their browser.
The data collected by BEEMOOV are used in order to process the orders for OPTIONS placed on the PLATFORM, to manage the CLIENT's account, to analyze the orders and, if the CLIENT has expressly chosen this option, to send him/her commercial prospecting letters, newsletters, promotional offers and/or information concerning special sales, unless the CLIENT does not any longer wish to receive such communications from BEEMOOV.
The CLIENT's data are stored confidentially by BEEMOOV for the requirements of the agreement, its performance and in accordance with the law, for a duration of 3 years as from the end of the commercial relationship if you are a client or following your last contact if you are not yet a client.
The CLIENTS may at any time unsubscribe by accessing their account or by clicking on the hyperlink provided for this purpose at the bottom of each offer received by e-mail. The data may be communicated, in whole or in part, to the service providers of BEEMOOV that participate in processing the order.
For commercial purposes, BEEMOOV may transfer to its commercial partners the names and contact information for its CLIENTS, provided that they have expressly given their advance consent when registering on the PLATFORM.
BEEMOOV shall specifically request the CLIENTS whether they wish to have their personal data disclosed. The CLIENTS may change their opinion at any time by contacting BEEMOOV.
BEEMOOV may also ask its CLIENTS if they wish to receive commercial offers from its partners.
In accordance with the French Data Protection Act (Law No. 78-17 of January 6, 1978) and the (EU) Regulation 2016/679 of the European Parliament and the Council of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (the General Data Protection Regulation, known as the GDPR), BEEMOOV ensures the implementation of the rights of the data subjects.
It is recalled that the CLIENT whose personal data are processed benefits from the rights of access, rectification, updating, portability and erasure of the information concerning him/her, as well as a right to limit processing, in accordance with the provisions of Articles 49, 50, 51, 53 and 55 of the French Data Protection Act and the provisions of Articles 15, 16, 17 and 18 of the European General Data Protection Regulation (the GDPR).
In accordance with the provisions of Article 56 of the French Data Protection Act and Article 21 of the GDPR, the CLIENT may also, for legitimate reasons, object to the processing of data concerning him/her, without justification and without cost.
The CLIENT may also define the fate of his/her data after his/her death and chose whether or not BEEMOOV communicates his/her data to a third party that the CLIENT has designated in advance.
The CLIENT may exercise these rights by sending an e-mail to the address: support@beemoov.com or a letter to BEEMOOV SAS, 57 boulevard Gaston Serpette, 44000 Nantes, France.
Finally, the CLIENT may also bring a claim before the supervisory authority and in particular the CNIL “French data protection authority” (https://www.cnil.fr/fr/plaintes).
ARTICLE 13: CLAIMS
BEEMOOV provides Client Telephone Service to the CLIENT at the following number : +33(0)1 84 16 32 99 (the call is charged at your normal telephone rate). Any written claim by the CLIENT must be sent to the following address: BEEMOOV SAS, 57 boulevard Gaston Serpette, 44000 Nantes, France.
ARTICLE 14: INTELLECTUAL PROPERTY
All of the visual and sound elements of the PLATFORM, including the underlying technology used, are protected by copyright, trademark and/or patent rights.
These elements are the exclusive property of BEEMOOV. Any person who publishes a web site and wishes to create a direct hyperlink to the PLATFORM must request authorization in writing from BEEMOOV.
This authorization by BEEMOOV shall not in any case be granted definitively. This link must be deleted at the request of BEEMOOV. The hyperlinks to the PLATFORM which use techniques such as framing or in-line linking are strictly prohibited.
ARTICLE 15: APPLICABLE LAW AND SETTLEMENT OF DISPUTES
IN THE ABSENCE OF MANDATORY RULES OF PUBLIC ORDER TO THE CONTRARY, THESE GENERAL SERVICE CONDITIONS AS WELL AS THE RELATIONS BETWEEN THE USER AND BEEMOOV ARE GOVERNED BY FRENCH LAW.
In the event of a disagreement arising between BEEMOOV and a CLIENT concerning the interpretation, the performance or the termination of this agreement, the PARTIES shall undertake to resolve this amicably.
In such an event, the CLIENT is first requested to contact the mediation service of BEEMOOV at the following address: Fevad (Fédération du e-commerce et de la Vente à Distance) 60 rue La Boétie - 75008 PARIS FRANCE.
If no agreement is found, an optional mediation procedure shall then be proposed, to be conducted in a spirit of loyalty and good faith with a view to reaching an amicable agreement at the time of the occurrence of any conflict relating to this agreement, including with regard to its validity.
In application of Article L. 616-1 of the French Consumer Code, BEEMOOV communicates to the consumer the contact information of the consumer mediator responsible for its affairs. The CLIENT may thus contact: Fevad (Fédération du e-commerce et de la Vente à Distance) 60 rue La Boétie - 75008 PARIS FRANCE, who may be contacted by this link: http://www.mediateurfevad.fr
The PARTY which desires to implement the mediation process must inform the other PARTY of this in advance by registered letter with proof of delivery and indicate the elements of the conflict.
As the mediation is not of a mandatory nature, the CLIENT or BEEMOOV may withdraw at any time from the process.
IN THE EVENT THAT THE MEDIATION FAILS OR IS NOT PLANNED, THE DISPUTE THAT COULD HAVE GIVEN RISE TO MEDIATION WILL BE ENTRUSTED TO A FRENCH COURT.