All terms and expressions beginning with a capital letter appearing below are defined in Article 1 of these General Conditions of Use and Sale (hereinafter referred to as "GCU").
The GCU govern all relations between the Members of the Site "https://www.songtrivia2.io" and the company ANTHM (hereinafter referred to as "Anthm"), a simplified joint stock company with a capital of 50,000 euros, registered with the RCS of Lyon under number 849 692 371, whose registered office is located at 92 cours Lafayette, 69 003 Lyon - France, and whose e-mail address is support@songtrivia.io
The Site provides a Service that allows Users to participate in the Game. Users are deemed to accept the TOS when using the service, whether they are playing in Guest mode or when creating their account (via Anthm or a third party such as Facebook). For persons accessing the Service through a third party website, social network or mobile application provider, you also agree to comply with the applicable third party's terms of use or service, as applicable.
Users are also informed that Anthm may modify these GCUs at any time. When the GCUs are so amended, all Members will be notified. The user may only play on the express condition that he accepts the new Terms and Conditions in force.
However, it is expressly stated that in all cases, the acceptance of the GCU by the User, who is considered a consumer within the meaning of the Consumer Code, is subject to the right of withdrawal from which he benefits under the provisions of the Consumer Code. Information on the right of withdrawal is provided in Article 9 of these GCUs.
These GCU constitute the entirety of the contractual documents enforceable between Anthm and the Users of the service.
By "GCU", it is meant the General Conditions of Use of the Service.
By "User", it is meant the guest account or a person who has created an account, called a Member.
By "Game", it is meant a musical blind test during which the User must, at the same time as the other Users participating in the same Party, identify as quickly as possible from the broadcast of a song extract, the title and performer of the song. To play the Game,
By "SongTrivia", it is meant the company Anthm, as well as all its associates and/or affiliates.
By "User", it is meant a natural person playing on the site.
By "Party", it is meant the consecutive broadcasting of 5 (five) musical excerpts of 10 (ten) seconds to be identified by the Users.
By "Service", it is meant the service offered by SongTrivia whose purpose is to allow Users to play the Game.
By "Site", it is meant the Website: https://www.songtrivia2.io or any URL that may be substituted by Songtrivia.
By "Application" we mean the SongTrivia applications available on Apple's store (AppStore) or Google (PlayStore)
Access to the Service is subject to the use of a User account.
The minimum age to become a User as a natural person is 16 years old. SongTrivia reserves the right, in particular for reasons of corrective or evolutionary maintenance, to temporarily suspend access to the Site or part thereof. It is specified that any hardware or software necessary for the use of the Service remains exclusively the responsibility of the user...
Registration as a User gives access to a User Account that is unique and exclusively accessible through the user's credentials. The User is solely responsible for the use of his or her identifiers, without being able to oppose SongTrivia to any loss, misappropriation or fraudulent use by a third party. Any access and/or use of the Service and transmission of data from a User Account shall be deemed to have been made by the user to whom the relevant User Account is attached.
Notwithstanding the foregoing, the user is required to inform SongTrivia without delay of any loss, misappropriation or fraudulent use of his or her identifiers by a third party who has allowed access to his or her User Account, specifying his or her surname, first name and user name by e-mail sent to support@songtrivia.io or by post to the head office address indicated in the header hereof.
If the user wishes to close his User Account, he must comply with the procedure provided for this purpose on the Service.
Access to the Service is subject to the use of a User account.
The minimum age to become a User as a natural person is 16 years old. SongTrivia reserves the right, in particular for reasons of corrective or evolutionary maintenance, to temporarily suspend access to the Site or part thereof. It is specified that any hardware or software necessary for the use of the Service remains exclusively the responsibility of the user...
Registration as a User gives access to a User Account that is unique and exclusively accessible through the user's credentials. The User is solely responsible for the use of his or her identifiers, without being able to oppose SongTrivia to any loss, misappropriation or fraudulent use by a third party. Any access and/or use of the Service and transmission of data from a User Account shall be deemed to have been made by the user to whom the relevant User Account is attached.
Notwithstanding the foregoing, the user is required to inform SongTrivia without delay of any loss, misappropriation or fraudulent use of his or her identifiers by a third party who has allowed access to his or her User Account, specifying his or her surname, first name and user name by e-mail sent to support@songtrivia.io or by post to the head office address indicated in the header hereof.
If the user wishes to close his User Account, he must comply with the procedure provided for this purpose on the Service.
SongTrivia undertakes to respect the privacy of Users and to protect their personal data (hereinafter referred to as "the Data") collected and processed during their use of the Site under the conditions set out in the GCU.
The Data collected and subsequently processed by SongTrivia are those that the Member voluntarily transmits to it by using the Service and concern, at a minimum, its identifier and a valid e-mail address. The Data automatically collected by the Site is the IP address (computer address) of the Member, to the exclusion of any other. The Member is informed that the Site may implement an automatic tracking process (cookie).
The Data identified as mandatory in the Site registration form is required to benefit from the Site's functionalities. The Data collected automatically by the Site allows SongTrivia to compile statistics on the use of these web pages. These processing operations have been declared to the CNIL.
The Data collected by SongTrivia is not disclosed to third parties. However, the User is informed that they may be disclosed pursuant to a law, regulation or decision of a competent regulatory or judicial authority or, if necessary, for the purpose of protecting SongTrivia's rights and interests.
The Data is stored at the Service's host identified in the Service's legal notices and is kept for the duration strictly necessary to achieve the purposes mentioned above. Beyond this period, they will be kept exclusively for statistical purposes and will not give rise to any exploitation of any kind whatsoever.
The User has the right to access and rectify his Data by sending a request by e-mail to SongTrivia at support@songtrivia.io The personal data collected and subsequently processed by the Service are those that the Member voluntarily transmits to the Service, in particular via the registration forms.
As host of content (pseudonym, text, animated or still images, music, etc.) distributed by Members, SongTrivia exercises no control whatsoever before its publication by Members.
You can report any abuse and unlawful comments to us by contacting us at the following address: support@songtrivia.io
The user undertakes not to use a pseudonym, publish images and/or texts that are contrary to the provisions of these T&Cs and/or that are illegal and/or malicious, in particular:
The User also refrains from publishing images and/or texts, in particular:
This prohibition applies to any type of user communication without limitation, whether public or private, and to any person to whom it is addressed, including SongTrivia employees. SongTrivia reserves the right: to suspend or delete immediately and without notice any User Account and/or User content that, in its sole discretion, violates the terms hereof. However, the User will remain free to access his personal information in accordance with the law of 6 January 1978 relating to data processing, files and freedoms according to the terms described in these GCU.
SongTrivia is responsible to its Users for the proper performance of the obligations resulting from these T&Cs. However, we can exonerate ourselves from all or part of our liability by proving that the non-performance, fault or harmful improper performance is attributable either to a case of force majeure as recognised by French case law, or to the fault of a third party to the contract, or to the fault of the User.
Each User undertakes to indemnify SongTrivia against any damage suffered by SongTrivia or any fact attributed to it in connection with its actions, and guarantees SongTrivia without limit against any liability action whatsoever, which may be brought against SongTrivia by another User or by any third party as a result of such actions.
SongTrivia is expressly subject to an obligation of means in the provision of the Service.
SongTrivia shall not be liable for the activities or information stored if it was not actually aware of their unlawful nature or if, from the time it became aware of them, it acted promptly to remove them or make it impossible to access them.
The User acknowledges that the warranties and limitations of liability stipulated above operate between the parties a reasonable allocation of risks and liabilities having regard to the context and financial conditions governing the provision of the Service. The User is informed and aware that SongTrivia would not have entered into this contract without the limitations of liability and warranty set out above.
The T&Cs are intended to apply to the User from the time the User uses the Service until the User ceases to use the Service for any reason whatsoever.
SongTrivia reserves the right, in accordance with the terms described in Article 5 above, to temporarily or permanently suspend or even immediately and without notice delete any User Account whose holder has violated, or helped a third party to violate the terms hereof, or has committed any other illegal act.
In the event of a change in its business policy and/or business model, SongTrivia also reserves the right to suspend or delete any User Account for which the User has expressly refused to accept the new TOU, subject to reasonable notice.
The Service and its content (including texts, software, scripts, graphics, photos, sounds, music, images, drawings, videos, etc.) are the exclusive property of SongTrivia and its assigns, with the exception of elements (images and/or texts) posted by Users, which remain the exclusive property of the latter. In general, SongTrivia grants a free, personal, non-exclusive and non-transferable right to access and use the Service, any other right, including reproduction or representation, being expressly prohibited and subject to civil and criminal penalties for infringement.
The content of the Site may under no circumstances be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, altered, licensed or exploited in any other way and for any purpose whatsoever. Any hypertext link to the Site is also prohibited without SongTrivia's prior written consent.
We may, at our sole discretion, remove any content that appears to infringe the intellectual property rights of others or that constitutes a violation of this agreement. It is our policy to respond to and investigate complaints of copyright and other intellectual property infringements. It is our policy to terminate access to the service for users who commit repeated violations.
You may report any alleged copyright infringement to us under the Digital Millennium Copyright Act (the "DMCA"). We will respond promptly to notices of alleged violations sent under the DMCA.
In order to notify us of a complaint of copyright infringement under the DMCA, you must provide:
The notice described above must be sent to our designated copyright agent at support@songtrivia.io If you do not comply with all the conditions described above, your DMCA notification may not be valid.
If you believe that the content or material deleted (or access to which has been disabled) does not violate the law, or if you have the right to publish and use such content or material with the copyright owner, its agent, or in accordance with applicable law, you must send a counter notification containing the following information to our designated copyright agent at support@songtrivia.io :
If a counter-notification is received by our designated copyright agent at the above address, we may send the complaining party a notice that the deleted material will be restored or that we will stop disabling it within ten (10) business days. Unless the copyright owner takes legal action against the content provider, member or user, the deleted content may be replaced or access restored within ten (10) to fourteen (14) business days or more after receipt of the counter. notice, at our discretion.
Some aspects of the service may allow you to obtain points, data or other fictitious goods representing virtual achievements ("virtual goods"). Virtual properties have no real value and cannot be exchanged for currency, property or other items of monetary value, including if you have unused virtual properties in your account at the time of closing your account, whether or not the closure occurred. You understand and agree that, regardless of the terminology used, the purchase or acquisition of Virtual Currencies is equivalent to a limited license right governed solely by the terms of this Agreement and available for distribution at our sole discretion and does not transfer ownership of this Virtual Property to you. You acknowledge that you do not own the account you use to access the service, nor do you have any access rights or rights to data stored by us or on our behalf on servers, including, without limitation, data representing or incorporating all or part of your virtual property. You acknowledge that we have the absolute right to manage, regulate, control, modify and/or eliminate virtual properties as we see fit, in our sole discretion. All data on our servers or those of our business partners may be deleted, modified or transferred.
Notwithstanding any value attributed to such virtual property or data by you or a third party, you understand and agree that any virtual property, data, account history and account content residing on our servers may be deleted, modified, moved or transferred at any time for any reason in our sole discretion, with or without notice and without liability.
In consideration of the limited license and rights granted to you under this Agreement, you agree that we and our business partners have the right to provide you with announcements, promotions, offers and other information by electronic mail or other means of communication; and we may authorize the Service to use the processor, bandwidth and storage equipment on the device to facilitate the communication and transmission of content and other data or features to you and other users of the Service; and to operate the network or networks on which the Service is performed. You can choose at any time to stop receiving promotional messages from us and our business partners by changing your account settings or by clicking on the "unsubscribe" link in one of the emails containing these promotional messages.
All disputes to which the transactions concluded pursuant to these GCU may give rise, concerning their validity, interpretation, execution, termination, consequences and consequences and which cannot be resolved between the parties, shall be submitted to the competent courts under the conditions of ordinary law.
The User is informed that he may in any event resort to conventional mediation, in particular with the Consumer Mediation Commission or with existing sectoral mediation bodies, the references of which can be found on the website https://www.economie.gouv.fr/mediation- conso/commission or with any alternative dispute resolution method (conciliation, for example) in the event of a dispute.