GENERAL TERMS AND CONDITIONS OF USE
These general terms and conditions of use were updated on March 27th 2017.
Purpose
The purpose of these General Terms and Conditions of Use (hereinafter the ‘General Terms and Conditions’) is to set out the terms and conditions pursuant to which the services contained in the applications that the Company publishes (hereinafter the ‘Applications’) are offered to any user (hereinafter the ‘User’) on its websites and mobile websites and in stores, such as ‘Google Play’ or ‘Apple Store’ (hereinafter the ‘Sites’). These services enable the User to install games, follow sport news, chat via community services or access, view and download films, series and video clips, buy, access, download, view contents available on fixed or mobile terminal (hereinafter the ‘Service’) on a presently existing or future fixed or mobile terminal connected to a radio telecommunications network (including, in particular, any computer, smartphone, connected tablet or compatible connected TV) enabling access to the Service (hereinafter the ‘Terminal’).
Any use whatsoever of the Applications shall be deemed full acceptance, without reservation, of these General Terms and Conditions.
Information required by law
The Applications, websites and mobile websites (other than stores such as ‘Google Play’ or ‘Apple Store’) are published by Digital Virgo Entertainment, a French société par actions simplifiée (SAS) (simplified joint stock company) with share capital of €497,040, registered in the Aix-en-Provence Trade and Companies Register under number B 430 325 811/EU VAT no. FR 80 430 325 811, whose registered office is located at 350 rue Denis Papin – Parc de la Duranne – Domaine du Tourillon – 13100 Aix-en-Provence – France (hereinafter the ‘Company’).
Publishing Director:
Guillaume Briche
Site hosting services:
Application hosted by GOOGLE Inc., 1600 Amphitheatre Parkway, Moutain View, CA 94043, Etats-Unis
Telephone: +1 650 253 0000
Fax : +1 650 253 0001
Or
Application hosted by APPLE Inc, 1 Infinite Loop, Cupertino CA 95014, Etats Unis.
Telephone: +1 408-996-1010
Customer Service:
For any question or to obtain information about these General Terms and Conditions or the Applications, the User may contact our Customer Service department:
By post: Service Client, Libre Réponse 94119, 13629 Aix-en-Provence 1, France (no postage necessary)
By e-mail, on the Site, by clicking on the ‘contact’ link at the bottom of each page of the Site, or by sending an e-mail to the address specified on the particular Site in question.
By telephone:
- For WOOZGO : 09 70 34 03 52 (local call cost)
- For BADABIM : 09 70 34 03 53 (local call cost)
- For other services : 09 70 34 03 48 (local call cost)
Access to Services
The Service that the Company offers on the Site is free of charge or, if applicable, is offered pursuant to the financial terms specified on each Site.
A User who wishes to subscribe to the Service must visit the Site and click on the Application he/she wishes to download. He/she must then follow the instructions given on the Site and/or Application.
Access to the Services is immediate, provided, however, the internet and Terminal and/or any computer equipment of the User connected to the internet are operating properly.
The Company shall in no event be liable if the Application is not received, in particular if these conditions are not met, as the Company has no control over the internet or the User’s computer and telephone installations.
Withdrawal right
If a fee is required for the Services, in accordance with Article L.121-21 of the French Consumer Code (Code de la Consommation), we hereby inform the User that he/she has a period of fourteen clear days as from the date of the acceptance of and subscription to the Service to exercise his/her right of withdrawal, without the need to provide a reason and without incurring any penalty, except the cost of return shipment, if applicable.
The fourteen (14) days shall run from the date of conclusion of the contract.
To exercise his/her right of withdrawal, the User must notify the Company of his/her decision through an unambiguous statement to send to the Company at the earliest by:
- email sent at the address mentionned on the concerned Site.
Or by
- mail sent to the following address (requires no stamps) :
Service Client Libre Réponse 94119 – 13629 Aix en Provence cedex 1 – France
The User must specify in his/her request the following in order to allow the treatment of:
– the User’s complete contact details (first name and surname, postal address, e-mail address);
– the name of the Application downloaded and the Site from which the Application was downloaded;
– the nature of the claim;
– the payment method used;
– the User’s telephone number as entered into the Site or Application;
– a bank details.
An acknowledgment of receipt is sent by email when Company becomes aware of the application for withdrawal.
In case of withdrawal from the User, the Company will reimburse all payments received from him not later than fourteen days after the date on which the Company is informed of its decision to withdraw from this contract.
Provisions applying to games and youth services
Users who have subscribed to a game service and / or youth service have subscribed to a subscription service enabling the User to access for download or viewing content for fixed or mobile terminals whose number of contents is specified on the offer, as well as the frequency of the subscription.
Users who subscribe to the CLICNSCORES service from the application can only use the service on the application. They expressly acknowledge that they can not access it on the mobile site and / or on the CLICNSCORES website. On the other hand, Users who have subscribed to the CLICNSCORES service from the mobile site and / or the website can access it on the CLICNSCORES application from their customer account.
Provisions applying to karaoke service: SINGFY
- Service description and features
The SINGFY service is a karaoke game. The Company offers music content (titles or songs) with integrated lyrics accessible through videos. The proposed music contents are not the original versions of the titles. These are versions interpreted by third parties. The User is notified and waives the right to seek the liability of the Company in this respect.
The User may share his / her recordings on social networks.
The SINGFY service is available on IOS or Android.
Once the application is downloaded, the User can:
– Perform an audio recording of the song performed on its Terminal provided that it is technically possible;
– add titles to favorites;
– save the recordings of the interpreted songs;
– add vocal effects to the final recording.
The User may consume titles or songs subject to having sufficient Sings balance.
To access the SINGFY service, after downloading the application and subject to sufficient Sings, the User must select the title that he wants to interpret from the selection proposed by the Company and then (i) click on the button , (ii) click the « Unlock » button for ten (10) Sings, (iii) click the « Start » button, and (iv) launch the video.
- Conditions of free access to the service
When downloading the application, the Company offers 100 Sings to the User.
The service is available free of charge to Users within the limit of 100 Sings offered when downloading the application. In addition, the User may be given new Sings subject to perform certain actions such as, for example: watching a video ad, recording the application.
As soon as the User has no longer Sings, he is invited to make In App purchases as specified below.
- In App purchases– prices
In the event that the User has no longer Sings, he is invited to make In App purchases on the store from which he downloaded the application.
The User has to purchase a pack of « Sings ». Ten « Sings » allow the User to consume a title or song.
The prices for In App purchases are as follows:
0.99€ = pack of 50 Sings
1.99€ = pack of 120 Sings
2.99€ = pack of 300 Sings
3.99€ = pack of 500 Sings
4.99€ = pack of 1000 Sings
9.99€ = pack of 5000 Sings.
Provisions applying to community services
- Access
Any User wishing to access the community services can do so via the Application or the Site, after logging in using his username and password or via a Facebook Connect. A password will be sent by e-mail to the address provided by the User when he opens his account, or if he forgets his password.
Users who subscribe to WOOZGO services from the mobile or web offer or from the Application can access to the WOOZGO mobile or web or application offer.
Users who subscribe to WEEZCHAT services from the Application can access to the WEEZCHAT mobile offer.
- Content published by Users
A User will have sole responsibility for his identifiers, password and username. Accordingly, he undertakes not to choose an identifier or username that is illegal or infringes any third party’s rights or that could be considered insulting, racist, hateful or of a paedophilic or sexual nature.
Moreover, the User undertakes to respect all third parties’ rights and, more generally, the law. The User undertakes in particular:
- to act loyally;
- to determine his own privacy settings;
- to provide information that is truthful, accurate and up-to-date;
- not to make any remarks or circulate any content on the community services in any form whatsoever that may infringe the rights of any other party or that may be contrary to accepted principles of morality or public order or be in any other way inappropriate, indecent, offensive or unseemly, obscene, slanderous, insulting, pornographic, violent, racist, xenophobic, revisionist, discriminatory, etc., or that might infringe the privacy or rights of any person whomsoever;
- not to breach any civil or criminal rules;
- not to circulate any content reserved for adults only;
- not to post, mention or circulate information or content the effect of which would be to impair the operation of the Services, such as software, viruses, logic bombs, mass mailing, etc.;
- not to mention or circulate links to any competing website or third-party website that is illegal, contrary to accepted principles of morality or public order, or does not comply with these General Term and Conditions;
- not to transmit any personal data relating to family, friends or third parties.
- Moderation and management of community services
The Company has no contractual obligation to check the identity of the Users or the accuracy of the content they publish under their sole responsibility, or to moderate said content. However, the usernames and the advertisements and content published by Users may be moderated after posting and, as a result, be deleted if they do not comply with these General Terms and Conditions or, more generally, with the law.
Moreover, the Company may need to moderate the content published and the messages exchanged to ensure that remarks that do not comply herewith or with the applicable legislation are not posted on the Site. The Service may appoint an individual to manage the Service and provide guidance, in order to ensure that the Service remains User-friendly at all times, to help Users to use the Site, and to ensure its continued use. Users are therefore informed that they may receive messages from individuals appointed to moderate and manage the Service.
The User waives all right of recourse against the Company, in particular on the basis of any infringement of his image rights, integrity, reputation or privacy as a result of the circulation or disclosure of information concerning the said User.
The Company cannot be held liable for the accuracy or inaccuracy of any information and content provided by other Users, Site visitors and/or the User personally, or for the consequences thereof. Likewise, the Company cannot be held liable for any content posted by a User that may infringe the rights of one or more other Users or any third party, when the Company can produce proof that it was not informed thereof by a User or a third party, did not have prior knowledge thereof, or that no wrongdoing can be attributed to it in the performance of its contractual obligations.
Provisions applying to the viewing or downloading of videos on demand, streaming and/or series
The User will select the product (game, film, series, video clip, digital entertainment product, etc.) he wishes to download from the range of products proposed by the Company via the Application or the Site, after logging in using his username and password or via Facebook Connect. A password will be sent by e-mail to the address provided by the User when he opens his account, or if he forgets his password.
After selecting the product, the User will be required to follow the instructions and comply with the Company’s requests for information and, if a product is offered in an Application for a price, the store’s instructions and requests for information. The delivery times will be as stipulated below.
Products will be delivered electronically via Internet or the telecommunications operator’s network. The User will download or view the selected products directly on his Terminal; downloading or viewing will be immediate, provided however that the Internet network and the User’s equipment connected to the Internet are operating correctly.
The Company cannot be held liable under any circumstances for any failure to correctly receive the product, in particular if these terms and conditions have not been complied with, as it has no control over the Internet or the User’s computer and telephone installations. The User has a duty to verify the content of the product upon receipt.
The NONSTOPVIDEOS Application is exclusively available on IOS.
Provisions applying to PLAYVOD services
Users who subscribe to PLAYVOD services from the Application or from the mobile offer can access to the PLAYVOD web offer, via their customer area. Nevertheless, the PLAYVOD mobile offer does not allow Users to download or to view contents.
The Application is exclusively available on Android or IOS. Contents can be viewed in streaming on the Application, on a fixed or mobile terminal. Contents can be downloaded exclusively on the Android Application.
- PLAYVOD Pass
The User enters into a Pass in accordance with the terms and conditions set out in the Application. This Pass entitles the User to receive three (3) credits per week in the framework of a weekly Pass, twelve (12) credits per month in the framework of a Monthly Pass, thirty-six (36) Credits per quarter in the case of a Quarterly Pass or one hundred and forty-four (144) credits per year in connection with an Annual Pass. These credits may be used to view one or more Content (s) on any media and / or to download Content (s) via the Applications. To view Content of more than thirty-six (36) months or a series, one (1) credit will be required.
A Pass is composed of Content of more than thirty-six months selected at the discretion of the Company. The Company may update, in its sole discretion, the composition in number and in kind of the Content proposed under this Pass.
In addition, according to the Subscribed Pass, credits not used during a week can be carried over the following week in the case of subscription to a weekly Pass, credits not used during a month are carried forward the following month in case of Monthly pass, credits not used in a quarter are carried forward to the following quarter, credits not used in a year are carried forward to the following year.
The User may consult the Content Selection and view the Content (s) on any media and / or download the Content (s) of his choice during the Period of validity of his Pass.
The Content selected by the User is accessible by streaming on the Terminal for a period of forty-eight (48) hours from the first viewing of the said Content by the User. The first viewing means the first reading of the Content by the User.
- PLAYVOD single purchase
The User follows the indications provided by the Company to consult its Content. This Content must be viewed at the latest within 48 hours of purchase.
Content of less than thirty-six (36) months will be available only on a fee-for-service basis.
- Prices
Users can sign up for a Monthly Pass via the App Store for IOS Apps and via the Play Store for Android Apps. The Pass is charged 7.99 euros incl. VAT per month. Users must visit the App Store or the Play Store to find out how to unsubscribe.
Users may make single purchases enabling them to view content of less than thirty-six (36) months under the following financial conditions:
– Four euros ninety-nine (4.99 € TTC) TTC per purchase,
– Three euros ninety-nine (3.99 € TTC) including VAT per purchase for Users who have previously subscribed to a PLAYVOD Pass (exclusive rate for Users with a PLAYVOD Pass).
Single purchases are made through the App Store for IOS Applications and the Play Store.
Use by minors or at work
Users must be of legal age to download Applications. The Company shall not be liable for downloads by Users who violate this rule.
Therefore, minors must obtain their parents’ permission (or the permission of their legal guardians) before downloading or ordering the Applications offered on the Site(s).
Users must request authorisation from their employer or supervisor if the Site(s) are used at their workplace.
Exclusion of liability
The Company offers no express or implied warranty, and assumes no liability, with respect to the use of the Site and/or the Application. The company assumes no responsibility in the event of breakage of the Terminal when Users use the Application (in the event the Terminal falls by playing with the Application, for example); similarly, the company assumes no responsibility in case of nausea, travel sickness and/or epileptic seizure of the user. The use of the Application is not recommended to Users subject to these diseases.
Neither the Company nor any third party involved in the creation of the Application or Site shall in any event be liable or owe any compensation to a User or any other party for direct, indirect, consequential, special or ancillary losses incurred due to the use of the Application or Site, or any other site linked by a hyperlink, in particular loss of profits, losses due to business interruption or losses due to loss of programs or other data from the User’s management information system or anywhere else. The User’s connection to any other external site shall be at his/her own risk.
The Site and/or the Application may contain images of and links to sites managed by third parties (‘Third-Party Sites’). The Company has no control over Third-Party Sites and assumes no liability with respect to their content. In particular, the Company assumes no liability for the content of links displayed on Third-Party Sites or for modifications or updates to Third-Party Sites. The Company shall not be liable for any material distributed over the internet or using any other form of transmission that is received from a Third-Party Site, or for a malfunction of Third-Party Sites. The Company provides such links for the User’s convenience only, and the inclusion of a link does not mean that the Company approves the content of such Third-Party Sites or that there is any association between the Company and the operators of said sites. Users are responsible for reviewing any privacy policy posted on Third-Party Sites, as well as their terms and conditions of use, and for complying therewith.
The Company endeavours to deliver the Services as quickly as possible. However, the Company must use the services and distribution networks of third-party companies, over which it has no influence with respect to availability. Accordingly, the Company shall not be liable in the event the User experiences delays in accessing the Services, or in the event of a temporary or permanent interruption in data transmission to the User’s Terminal if such interruption is not attributable to the Company. The Company reserves the right to temporarily suspend access to the Services for Site maintenance and repairs.
Use of the Services requires use of certain technical systems, such as a Terminal, computer programs, means of transmission, telecommunication services and other services of third-party companies, which may entail additional costs. Such costs shall be borne by the User. The Company does not supply any of these technical systems and shall in no event be liable therefor.
Intellectual property rights
The Company offers Applications that it produces itself, as well as Applications licensed from third-party companies, which are protected by intellectual property rights.
Consequently, Applications downloaded are for Users’ personal use only. No reproduction, modification, transmission, sale or sub-license is authorised.
The figurative or other trademarks (hereinafter referred to collectively as the ‘trademarks’) displayed in the Applications or on the Sites, or in any newsletter, are registered or unregistered trademarks owned by the Company and third parties. Reference to trademarks in these Applications or on these Sites shall in no event be deemed an express or implied granting of any right of use, licence or authorisation with respect to said trademarks, without the written agreement of the Company or relevant third party. Any use of the trademarks referred to in the Applications or on the Sites, or the content thereof, that is not expressly authorised by the trademark holders, other than as granted under these General Terms and Conditions, is strictly forbidden. The Company hereby advises Users that it is entitled to take legal action, including before the criminal courts, to protect its intellectual property rights.
All rights of authors, composers, music publishers and all holders of neighbouring rights in the works reproduced and distributed in these Applications and/or on these Sites are reserved. Any use of said works other than as described in these General Terms and Conditions is forbidden.
Right of access to personal data files
The User is solely responsible for the data he/she provides.
In accordance with the French Data Protection Act, Act no. 78-17 of 6 January 1978, the User is hereby informed that the information provided in connection with the Service is necessary to use the Service. Such information enables the Company inter alia to manage provision of the Service and the customer relationship.
Such information is intended solely for, firstly, the Company and its contractual partners for the requirements of providing the Service and, secondly, its service providers.
Some of these recipients are located outside the European Union, specifically in Mauritius and Morocco. These recipients will receive inter alia the following data: the first name, surname and address of prospective users and/or Users; the telephone number of prospective users and/or Users (including user names); the e-mail address of prospective users and/or Users; the identity of prospective users and/or Users; invoices of electronic communications operators (mobile telephone, landlines and internet access providers); and copies of identity documents, if applicable.
This data is transferred to recipients located outside the European Union for the purpose of managing (i) the provision of the Services and (ii) the customer relationship.
The Company reports data transfers outside the European Union to the French National Data Protection Authority (CNIL), and such data transfers are governed by the standard contractual clauses approved by the European Commission.
In accordance with Articles 38, 39 and 40 of the French Data Protection Act, Act no. 78-17 of 6 January 1978, as amended by the Act of 6 August 2004, Users have the right to oppose the use of, and to access, correct and delete, any personal data about them that the Company obtains during their use of the Service. Users may exercise this right by sending an e-mail to the address specified on the Site from which the Application was downloaded or to the address specified on the relevant Site, or by writing to the following postal address: Service Client, Libre Réponse 94119, 13629 Aix-en-Provence 1, [France].
The User is hereby informed that by entering his/her telephone number and/or e-mail address, he/she authorises the Company to send him/her offers for products and services it markets on its own behalf or through partner publishers.
To unsubscribe from the special offers of the Company and its partners (received inter alia by e-mail), the User may write to the e-mail address above or click on the unsubscription link in the newsletter.
In addition, if the User does not wish to receive offers from the Company about its products and/or services, he/she may send the keyword ‘STOP’ to the short number specified in the advertising.
The personal data described above is reported to the French National Data Protection Authority under numbers 1627091v0, 1625178 v0 and 6534.
Cookies
Cookies are data files sent to a web browser and stored on the computer’s hard drive. They do not allow internet users who visit the Sites to be identified directly. However, they record information about the computer’s navigation on the Sites (pages visited, date and time of the visit, etc.), which the Sites can read during subsequent visits. The computer stores an identification code in the cookie. The cookie only stores the identification code in its memory, and no other personal information about the User.
Data collected using cookies enable inter alia improvement of the quality of the Sites to make them more attractive or functional and to facilitate navigation thereon. More specifically, localisation data collected using cookies enables personalised Services to be provided.
The length of time during which this information is stored on the User’s computer depends on the Site(s) visited. After a cookie has been stored on his/her computer, the User may receive, or see displayed, advertising for products and services offered by the Company, its partners or subsidiaries of the Digital Virgo Group. Such advertising is broadcast under the sole responsibility of the relevant partners or advertising agencies.
The Company hereby informs the User that he/she may prevent cookies from being stored on his/her computer by configuring his/her web browser to inform him/her when cookies are sent to his/her computer. For example:
For Mozilla Firefox:
- Select the ‘Tools’ menu, then ‘Options’
- Click on the ‘Privacy’ icon
- Find the ‘Cookies’ menu and select the options appropriate for you
For Microsoft Internet Explorer:
- Select the ‘Tools’ menu, then ‘Internet Options’
- Click on the ‘Privacy’ tab
- Select the level desired using the slider
For Opera 6.0 and higher:
- Select ‘Files’ > ‘Preferences’
- Privacy
If the User uses another web browser, he/she should review the software’s options for disabling cookies. In general, cookies can be disabled in the ‘Options’ menu of the software. For additional information, the User should study the assistance provided with his/her web browser.
However, if cookies are disabled, the User may no longer be able to (i) access certain areas of the Site or (ii) use certain Services. In addition, our partner’s cookies may be placed on the Site.
The User also acknowledges that during navigation of the mobile internet, certain mobile websites may store cookies on his/her mobile terminal. Similarly to the Sites, these cookies store information about the User’s navigation. The length of time during which this information is stored in the User’s mobile terminal depends on the mobile website visited. After a cookie has been stored on his/her mobile terminal, the User may receive, or see displayed, advertising for products and services offered by the Company. Such advertising is broadcast under the sole responsibility of the relevant partners or advertising agencies.
The Company hereby informs the User that he/she may prevent cookies from being stored on his/her mobile terminal by configuring said mobile terminal appropriately. To do so, the User should go to his/her mobile terminal’s menu, tap the ‘Settings’ function and then delete cookies. This procedure is specific to each mobile terminal model.
Please note that, provided the User’s consent is obtained, the Company’s partners may also use cookies, to which the relevant partner’s privacy policy applies.
Claims
Claims made by the User against the Company may only concern events within the twelve months prior to the date said claims are received. Claims must be made in writing and sent:
– by post to the following address:
Service Client, Libre Réponse 94119, 13629 Aix-en-Provence 1, France (no postage necessary)
– or by e-mail to the address provided on the relevant Site.
The Company shall not be required to consider claims sent to it by any other means.
To be valid, claims shall include at least the following information:
– the User’s complete contact details (first name and surname, postal address, e-mail address);
– the name of the Application downloaded and the Site from which the Application was downloaded;
– the nature of the claim;
– the User’s telephone number as entered into the Site or Application.
Disputes
These General Terms and Conditions shall be governed by French law.
In the event of a dispute with respect to the interpretation, performance and/or validity of these General Terms and Conditions that cannot be resolved amicably, the legal principles concerning jurisdiction shall apply.