General Terms and Conditions of Use of GUESS WHAAAT
SEEDS offers online services for the fans of TV shows including various services such as challenging player on the outcomes of TV shows, agenda, news, social network, all the services (hereinafter referred to as « the Services ») provided under these General Terms and Conditions are described on the website www.guesswhaaat.com (hereinafter referred to as the « Website »), and can be accessed through the Guess whaaat mobile application (hereinafter referred to as the « Application ») or the Website.
The purpose of these General Terms and Conditions is to define the terms and conditions of use of the Services provided on the Application and the Website as well as to define the rights and obligations of the various parties within this framework, in particular the users of the Services (hereinafter referred to as « the Users »).
These General Terms and Conditions of Use can be accessed at any moment in the Application, or accessed and printed from a direct link on the Website’s homepage.
They may be subject to certain additional terms and conditions specific to certain Services. The latter are hereby incorporated into the General Terms and Conditions of Use. In the case of any inconsistency between the General Terms and Conditions of Use and these specific conditions, the latter shall prevail.
The Application, the Website and the Services are managed by the company SEEDS, a French société à responsabilité limitée (limited liability company) with a registered capital of EUR 5 000, registered under number B 533 680 575 with the Registry of Trade and Companies of Bobigny, and whose head office is located at 7 villa Juliette 93400 Saint-Ouen (hereinafter referred to as « SEEDS »).
Regarding all the contents of third parties, stored, posted online or viewed through the Application and the Website, SEEDS is subject to the Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services transposed into French law by the Law Number 2004-575 on confidence in the digital economy of 21 June 2004.
It is hereby reminded that, in accordance with these Directive and Law, SEEDS, as a service provider, is not liable for the contents of third parties which are stored, posted or viewed unless, after having knowledge or being aware of the illegality of such content, SEEDS does not act expeditiously to remove or to disable access to this content through its Services.
The Legal Notices page provided on the Website contains the full address details which are to be used for notifying any illegal content.
3. Access to the Website and Services
3.1 Legal capacity
Any person having the full legal capacity to be bound by these General Terms and Conditions of Use can access the Website and the Services. Any person who does not have such full legal capacity may only access the Website and the Services with the agreement of their legal representative.
3.2 Website and Services reserved for private use
The Website and the Services are intended exclusively for private use and are not intended for professionals use.
4. Registering on the Website or the Application
In order to use the Services, Users must either:
- Complete the registration form that is made available on the Website, or through the Application,
- Be registered on one of the third party sites that are indicated on the Website or on the Application, and use their connection ID for the said third party site to register. In this case, Users must provide SEEDS with the additional information requested where appropriate. If necessary, Users expressly authorize SEEDS to access their account details for the third party site in question.
In either case, Users must provide SEEDS with all information that is marked as required. Incomplete registrations shall not be validated.
Registering on the Website or the Application automatically entails the opening of an account in the Users’ name (hereinafter referred to as the « Account »), giving Users access to their own personal space (hereinafter referred to as the « Personal Space ») which shall enable them to use the Services in a format and according to the technical means that SEEDS deems the most appropriate for providing the said Services. User may access the Services on both the Application and the Website with the same Account.
Users guarantee that all information they provide in the registration form is exact, up to date and sincere and is in no way misleading or dishonest.
They agree to update this information in their Personal Space in the event that any of it should change in order to continuously meet the above-mentioned criteria.
Users are hereby informed and accept that the information provided by them for the creation or update of their Account is valid as proof of their identity. Details entered by Users shall be binding upon confirmation.
Users can access their Personal Space by logging in to the Website using their connection ID and their password, or through the Application.
Users agree to use the Services themselves personally and agree not to allow any third party to use them on their behalf, unless accepting full responsibility for the consequences.
In the same way, Users are responsible for keeping their connection ID and password confidential, as well as for the security of their mobile device. Users must contact SEEDS immediately through any of the channels mentioned in Article 2 of these General Terms and Conditions of Use, if they notice that their Account has been used without their knowledge. Users acknowledge SEEDS’ right to take all measures it deems appropriate in a case such as this.
5. Official language of the Application and of the Website
The official languages of the Application and of the Website are French and English.
6. Free Services
The Services are provided free of charge, including the download of the Application (App Store or Android Market). In such case, the User is required to accept the general terms and conditions of the appropriate store in order to download the Application, which are determined between the said store and the User, SEEDS being a third party to this contract.
Users’ challenges are completely free and limited to the virtual game. They do not have any value, nor monetary, nor material. SEEDS is not liable for the users use of the challenge outside the app.
7. Obligations for Users
Without prejudice to other obligations provided for in this agreement, Users undertake to comply with the following obligations.
Users agree, in their use of the Services, to respect and abide by all laws and regulations in force and not to violate public order or infringe the rights of any third party.
Each User is solely responsible for their use of the Services.
Users are notably solely responsible for their relations with other Users and the information that they may share within the framework of the Services. They must exercise the appropriate caution for such relations and communications and define their confidentiality settings in their Account accordingly.
Users undertake to abide by the usual rules of politeness and courtesy when they share or exchange comments within the framework of the Services.
Each User is solely responsible for the contents of whatever nature (editorial, graphic, audio, audiovisual or otherwise, including the name and / or image chosen by the User to identify themselves on the Application or the Website), which they store, broadcast or publicize within the framework of the Services (hereinafter referred to as the « Content« ).
Each User guarantees SEEDS that the former has all the necessary rights and authorizations for the publication of this Content.
Users agree that this Content is legal, does not disrupt public order, is not contrary to accepted standards of public decency, does not infringe any third party rights or legal provision and / or regulation, and, more generally, is in no way likely to bring the civil or criminal liability of SEEDS into play.
Users therefore agree to refrain from storing and publishing, in particular, but not limited to:
- Content that is pornographic, obscene, indecent, shocking or unsuitable for a family audience, defamatory, slanderous, or of a violent, racist, xenophobic or revisionist nature,
- Counterfeit Content,
- Content that is detrimental to the image of any third party,
- Content that is false, misleading or proposing or promoting unlawful, fraudulent or misleading activities,
- Content that could harm a third party’s computer system (such as viruses, worms, Trojan horses, etc.),
- And, more generally, any Content that is likely to infringe on the rights of others or cause harm to others in any manner or form.
Users shall take all necessary measures to backup through their own resources their Content and, more generally, any information they deem necessary in their Personal Space, as no copy of these Content or information shall be provided to them.
In particular, Users are invited to keep a personal backup of any Content that they store within the framework of the storage Services.
Users acknowledge and agree that the use of the Services requires an Internet connexion and that the quality of the Services depends directly from said connexion, for which they are solely responsible.
Users are also solely responsible for the subscription, payment and consumption of their mobile and/or Internet plan.
8. Users’ Guarantee
Each User agrees to defend, indemnify and hold SEEDS harmless from and against any claims, demands, actions and/or grievances whatsoever, that SEEDS could incur as a result of a breach by the User in question of any one of its obligations or guarantees under these General Terms and Conditions of Use.
Users agree to compensate SEEDS for any damage that the latter could be subject to, and to pay any costs, liabilities, charges and / or convictions that the latter could incur, as a result of such a breach.
9. Prohibited behaviour
It is strictly prohibited to use the Services to the following ends:
- Carrying out activities that are unlawful, fraudulent or infringe on the rights or the security of others,
- Violating public order or any local policy or laws,
- Hacking into the computer system of a third party or any activity aimed to harm, control, interfere or intercept all or part of a third party’s computer system, violating its integrity or its security,
- Sending unsolicited emails and / or prospecting or commercial solicitation,
- Tampering with the aim to improve referencing of another site,
- Assisting or inciting, in any manner or form whatsoever, the carrying out of one or several of the actions or activities described above,
- And more generally, any action that uses the Services for any other purpose than that for which they were designed.
Users are strictly prohibited from copying and / or using for their own purposes or those of a third party, the concept, technology or any other component of SEEDS’ Application or Website.
The following is also strictly prohibited: (i) any behaviour that would interrupt, suspend, slow down or prevent continuity of the Services, (ii) any hacking or attempts to hack into SEEDS’ IT systems, (iii) any hijacking of the Application’s or of the Website’s system resources, (iv) any acts that would place a disproportionate load on the Application or on the Website’s infrastructure, (v) any attempts to breach the Application or the Website’s security and authentication structures, (vi) any acts that could infringe on the rights and financial, commercial and moral interests of SEEDS or of the Users of the Services and finally, more generally, (vii) any breach of these General Terms and Conditions of Use.
It is strictly prohibited to make money from, sell or concede all or part of one’s access to the Services, the Application or the Website or to the information that is hosted and / or shared on the Application or the Website.
10. Sanctions for breaches
In the event of a breach by a User of any of the provisions of these General Terms and Conditions of Use or more generally, of any infringement by the former of any laws and regulations in force, SEEDS reserves the right to take any measures it deems appropriate and in particular:
- To suspend or terminate access to the Services for any User who has breached any provision or infringed any law or regulation, or who has participated in this breach or infringement,
- To delete all or part of the Content placed by the latter online on the Application or the Website, or prevent access to any Content made available by the User through the Services through Third Party Supported Storage, including taking-down or blocking any Data Feeds or any parts of the Data Feeds or the RSS Feeds set-up by the User,
- To publish on the Application and / or on the Website any related informational message that SEEDS deems useful,
- To inform any relevant authorities,
- To commence and prosecute any legal proceedings.
In the event of a breach by a User of a substantial obligation stipulated in these General Terms and Conditions of Use, SEEDS reserves the right to immediately cancel the User’s access to all or part of the Services, effective immediately, by letter, fax or email.
The cancellation will cause the automatic deletion of the User’s Account, without prejudice to the other consequences that may be set out in the present General Terms and Conditions of use.
11. Liability and guarantee of SEEDS
SEEDS agrees to provide the Services with diligence and in compliance with trade practice, specifying that it has an obligation to provide means, but this without any obligation of result, and this is expressly acknowledged and agreed by Users.
SEEDS has no knowledge of Content stored or posted online by Users on the Service through the Application or the Website within the context of the Services, and shall not moderate, select, check or monitor in any way this Content, with regard to which SEEDS only intervenes within the role of hosting provider.
Consequently, SEEDS cannot be held liable for such Content, whose authors are third parties, and any potential claims should be made firstly to the author of the Content in question.
Any Content that causes prejudice to a third party can however be the subject of a complaint to SEEDS within the conditions defined in Article 6 I 5 of the French law No. 2004-575 on confidence in the digital economy of 21st June 2004, SEEDS reserving the right to take the measures set forth in Article 12 of these General Terms and Conditions of Use.
The notifications referred to in the previous paragraph shall be done to the SEEDS address set forth in the Legal Notices page provided on the Website.
SEEDS assumes no responsibility in the event that any information from the Personal Space of a User is lost. Users should keep a backup copy and shall not be able to claim for any damages caused by any loss of this information.
To this end, SEEDS reserves the right to interrupt access to the Application and/or to the Website momentarily for maintenance purposes. In the same way, SEEDS shall not be held liable if the Application or Website are ever momentarily difficult (or impossible) to access, the causes of these circumstances being outside SEEDS’ control, force majeure, or due to any disruption in the telecommunications network.
SEEDS does not guarantee to Users (i) that the Services, which are subject to constant research to improve their performance and progress, will be totally free of errors, faults or defects, (ii) that the Services, being standard and not offered specifically to any one given User according to that User’s own personal constraints, shall specifically meet that User’s needs or expectations.
In any event, any liability that could be incurred by SEEDS within the framework of this agreement is expressly and solely limited to direct actual damages suffered by Users.
12. Intellectual Property
The systems, software, structures, infrastructures, databases and content (text, images, graphics, music, logos, trademarks, databases, etc.) used by SEEDS on the Website, are protected by all intellectual property rights, or rights for the creators of databases, in force. Any dismantling, decompilation, deciphering, extracting, reusing, copying and, more generally, any reproduction, representation, publishing or use of all or part of any these items, without SEEDS’ authorization, is strictly prohibited and could lead to prosecution.
SEEDS may insert advertising or promotional messages on any page of the Application or of the Website in a format, and according to the conditions, that SEEDS solely deems appropriate.
14. Links and Third-Party Sites
SEEDS can in no way be held liable for the technical availability or unavailability of Internet sites or mobile applications operated by third parties (including its potential partners) which Users would access through links on the Application or the Website.
SEEDS shall not be liable for content, advertisements, products and / or services available on such third party sites or mobile applications and Users are hereby reminded that these sites are governed by their own terms and conditions of use.
SEEDS shall not be liable for any transactions conducted between Users and any advertisers, professionals or salespersons (including its potential partners), to which Users may be oriented through the Application or the Website and shall not take part in any disputes whatsoever with these third parties, particularly concerning the delivery of products and / or services, guarantees, declarations or any other obligations whatsoever to which these thirds parties may be bound.
15. Term of the Services, cancellation
Subscription to the Services is taken out for a term of unlimited duration.
Users can opt out of the Services at any time from their Personal Space.
Their subscription shall be cancelled immediately. This shall cause the automatic deletion of their Account.
The comments posted by the User will however remain accessible, unless the User expressly requests their deletion by sending an email to SEEDS to that effect, to the following email address: firstname.lastname@example.org
SEEDS reserves the right to amend these General Terms and Conditions of Use at any time.
Users shall be informed of these amendments through any pertinent channel with a prior notice of 30 days.
Any User who does not agree with the amended General Terms and Conditions of Use must unsubscribe from the Services according to the provisions set out in Article 18.
Users who continue to use the Services after the entry into force of the amended terms and conditions shall be deemed to have accepted these amendments.
17. Law and Jurisdiction
These General Terms and Conditions of Use are governed by French law.
In the event of dispute concerning the validity, interpretation and / or application of these General Terms and Conditions of Use, all parties agree that the courts of Paris shall be the only competent jurisdiction capable of judging the dispute, save conflicting mandatory rules of practice.