The website « http://fr.massivesudoku.com » (hereinafter referred to as the « Site ») is an interactive music and social website provided, as defined by Law No. 2004-575 of 21 June 2004 concerning confidence in the digital economy, by the MassiveBrainGames COMPANY http://www.massivebraingames.com/ (hereinafter referred to as the « COMPANY »).
The Site offers any user who has accepted these Terms and Conditions for Use an unlimited and free game for which the COMPANY holds the digital performance rights (hereinafter the «Media»), without giving the user having the ability to download these Medias, as the Site currently does not offer any function that enables the transfer of digital files reproducing the Medias from the COMPANY's central server to an information technology terminal (hereinafter «Downloading »).
Furthermore, the Site offers any user who has first registered (hereinafter the «Member ») the ability to access optional services as described below in clause I/2 of these Terms and Conditions for Use and in particular the ability to join a community space, via the creation of a personal profile, in order to communicate with the other Members.
It is expressly agreed that users who are not members of the Site and the Members shall, for the purposes of these Terms and Conditions, be jointly called the «User ».
The User declares that he or she recognises that access to the services offered by the Site is subject to the express and unreserved acceptance of the present Terms and Conditions for Use, which the COMPANY reserves the right to unilaterally modify at any time.
i) The « MY ACCOUNT » function makes it possible to create a personal profile in order to communicate with the Members of the Site. The Member hereby states that he is aware that his personal profile is accessible to all Members of the Site, and displays personal data (such as username, age, photograph, country of origin) automatically. Receiving newsletters about current news on the Site and/or offers from the COMPANY's partners is subject to prior and express acceptance by the Member by ticking the box provided for that purpose on his personal profile.
ii) The Member declares that he is solely responsible for the content of any text messages he puts online on the Site and therefore that the COMPANY, in its capacity as the host of the service discussed herein, as defined by the provisions of Law No. 2004-575 of 21 June 2004 concerning confidence in the digital economy, shall not be held liable for the content of any messages sent or put online by Members of the Site and over whom the COMPANY exercises no control or supervision.The Member expressly undertakes, failing which he will be held criminally or civilly liable, to ensure that any messages he publishes on the Site shall not be of such a nature, and this is not an exhaustive list, as to in particular:
iii) The Member hereby undertakes not to make automatic use of electronic systems such as scripts in order to send comments or messages.
iv) The Member declares that he is solely responsible for holding and keeping his password confidential and undertakes not to disclose his password to any other member at any time, nor use the account, username or password of another Member.
v) The Member hereby undertakes to notify the COMPANY, in accordance with the alert system described below, of any fraudulent use of the Site of which he becomes aware and in particular of any message of which the content contravenes the stipulations listed above or more generally the current laws and regulations.
This data shall be processed and used by the COMPANY in so far as required for the proper operation of the Site's services and is kept by the COMPANY as proof of the agreement. This data collected in accordance with these Terms and Conditions may not be disclosed by the COMPANY to third parties, except with the prior agreement of the Member.
ii) Parental authorisation is required to collect this data from any user wishing to register with the Site who is still a minor.
Therefore, the holder(s) of parental authority hereby agree(s) to guarantee that all the provisions of these Terms and Conditions are respected.
iii) In accordance with the provisions of Law No. 78-17 of 6 January 1978 on data processing, data files and individual liberties, as amended by Law No. 2004-801 of 6 August 2004, a declaration concerning the processing of information collected by the COMPANY was made to the Commission nationale de l'informatique et des libertés [National Commission on Information Technology and Liberties] (CNIL).
The Member has the right to access and correct his personal data. This right may be exercised at any time from his personal profile.
iv) In order to prevent personal information from being distorted, damaged or accessed by unauthorised third parties, the COMPANY hereby undertakes to do its utmost to guarantee the security of the personal information collected from Members.
i) The User declares that he is aware that the Medias made available to him from the Site are protected by technical protection measures implemented by the COMPANY in order to prevent or limit, in so far as possible given the technical constraints in this area and the technology available, all uses of the Medias not stipulated by these Terms and Conditions for Use.
ii) The User hereby undertakes not to use any technical measure which can circumvent the measures set up to prevent the Downloading of the Medias made available to the public online from the Site, the purpose of which is to enable digital files reproducing a Recording to be stored permanently in the storage unit of his receiving terminal, of whatever kind it may be (PC, mobile telephone, portable media player, etc.), in order to use individually the Media without any limit on the number of times they are used or the reproduction on any other format and/or receiving terminal (physical and/or digital).
i) The COMPANY hereby warrants that it holds the authorisation required for the use of the Medias under these Terms and Conditions and in particular the right to broadcast the Medias to the public, without a Download capability.
ii) Should legal proceedings or action be taken against the COMPANY due to a breach by a User of his obligations in application of these Terms and Conditions and/or the current legislation and regulations, the COMPANY will be entitled to take proceedings against the User and may call upon the User to join proceedings as a third party.
Should a User be found guilty of a violation of the current legislation or of infringing the rights of third parties, the COMPANY reserves the right to supply, at the request of any legitimate authority (court or tribunal, administrative authority, police services) any information that will enable or facilitate the identification of the offending User.
iv) The COMPANY reserves the right to insert or to authorise any third party to insert in all pages of the Site, advertising or promotional banners, and it shall not be held liable for the content of these advertising messages.
v) It is expressly agreed that the COMPANY may not in any case be held liable for disputes which may arise between the Members of the Site.
vi) The COMPANY may not be held liable for technical problems that arise independently of its service such as maintenance or network problems due to the Internet access provider which lead to a temporary disruption of the network, and the User also accepts the constraints and limitations of the Internet network, in particular with regard to the sending of information via networks and threats to data.
vii) The COMPANY shall not be held liable for the disruption of links on the Site and the content of other sites to which the links on the Site and/or that have been inserted by Members on their personal space connect.
Each User has the ability to inform the COMPANY of any message the content of which contravenes, in particular, the prohibitions listed above or which constitutes illicit content, by sending the aforesaid message to the COMPANY at the following address: email@example.com.
The User must in this case provide such information as will allow the individual or legal entity responsible for this content to be identified and the reasons why the content should be withdrawn from the Site.
Any person who considers that this User has violated one of his rights must inform the COMPANY (in accordance with article 6-1-5 of Law No. 2004-575 of 21 June 2004) by mail with acknowledgment of receipt, with all of the following information:
The User is hereby informed that the COMPANY has the option, in accordance with its obligations as the host as defined by the provisions of the Law concerning confidence in the digital economy, of withdrawing any information or content, or making access to it impossible, as soon as it becomes aware of its manifestly illegal nature.
The general structure of the Site and all the other elements contained in it (such as, in particular, logos, domain name and items associated with the Medias, including photographs, images, texts and/or any other party with rights in or to the Medias, and the visuals of the packaging of the Medias) are the exclusive property of the COMPANY, or advance authorisation has been obtained to use them.
Any full or partial representation of the Site and/or of the elements contained in it, by any method whatsoever, without the express authorisation of the COMPANY, is hereby forbidden and constitutes infringement penalised by articles L.335-2 et seq. of the Intellectual Property Code.
The User recognises that by accepting these Terms and Conditions he is authorising the COMPANY to install cookies on the hard disc of his computer in order to identify each of his connections and to provide each User with the functions best adapted to his needs.
The COMPANY gives the User the option of refusing the installation of cookies, and each User will therefore have the ability to modify the settings on his computer for this purpose. However, such modification is likely to alter the functions of the Site.
The Site includes hypertext links to third party sites, but the COMPANY may not be held liable on any grounds due to their content, and in particular advertisements, products, services and/or any other material available on and from these third party sites.
The COMPANY reserves the right to develop its services, in particular by providing new functions or by the modification and/or removal of functions currently available to the User from the Site.
The COMPANY reserves the right to permanently or temporarily de-register any Member or even definitively block all access to the Site by any User who contravenes the regulations set out in these Terms and Conditions for Use of the Site and the current legislation and regulations, and in who, in particular, engages in:
any act and/or attempt to bypass the technical protective measures for the Medias and/or attempts to illicitly use the information concerning Members available on the Site;
the supply of false information at the time of registration for the Site's services;
These Terms and Conditions for Use are subject to French law.
Should any dispute arise, only the French courts in the jurisdiction of the Court of Appeal of Paris shall have the authority to resolve such disputes.