Terms
of use of Laser!
effective as from 10/28/2021
ARTICLE 1. PARTIES
These
general conditions establishes relations between Opena,
SIREN n° 884094723, registered office: Hameau de Creullet, 14480 Creully, hereinafter referred to as « Opena », and ANYONE, downloading Laser!,
hereinafter referred to as « User ».
ARTICLE 2. DEFINITIONS
« Laser! »: software
published by Opena available by download from the store for use on mobile
devices such as tablets and smartphones.
« Level Editor »: Laser feature
allowing Users to create their own Levels and offer them to other Users.
« Virtual Good »: virtual goods and
improvements can be purchased directly from Laser! or on the Store.
« Level »: Laser! element consisting
of a logical test to be resolved by the User. The Levels can be edited by Opena
or the Users through the Level Editor.
« Store »: platform
where any User can buy and download apps.
ARTICLE 3. SCOPE
Opena
offers the User to download Laser! from the Store.
Downloading
and using Laser! is free.
Access
to Laser! implies agreement by the User upon these terms and conditions.
The User acknowledges having read, understood and accepted these Terms without
restriction.
ARTICLE 4. SERVICES DESCRIPTION
4.1 Download and install Laser!
4.1.1
Download Laser! from the Store
The
User can acquire Laser! on the Store. He must select it on the Store and click
on the button provided for this purpose. The ordering process on the Store is
governed by the terms of the publisher's Store.
4.1.2
Login to Laser! through Facebook
Laser!
is also available to Users through their Facebook account. In this context,
Opena does not verify any identifier linked to User’s Facebook account, however
a check may be asked to the Facebook company.
In the
event User connects to Laser! through his Facebook account, personal data
necessary for Opena are directly used in Laser!, but are not collected, except
the anonymous identifier from the Facebook account of the User, with the
permission of the latter. In this respect, the User warrants that he is the
owner of the Facebook account used; Opena cannot be held responsible for any
fraudulent use of the Facebook account.
4.2 Purchases of virtual objects
Using
Laser! is free, however, Users have the option to buy virtual objects directly
in Laser!. The acquisition of these virtual objects is not necessary to use
Laser! but allows access to specific options.
4.3 Level creation
4.3.1
Using the Level Editor by Users
Users have
the ability to create Levels using the Level Editor available in Laser!. Users
must use the tools at their disposal in the Level Editor without altering graphics
and sound elements of Laser!.
The User
has the possibility to modify Levels he created, but not delete them.
Opena can
moderate at any time Levels created by Users and claim the right to remove or
modify them if they do not correspond to the usage policy of Laser!.
4.3.2 Intellectual
property of Levels created by Users.
The User
assigns, exclusively and free of charge, to Opena all exploitation rights on
the Level.
4.3.2.1 Duration of transfer
The
transfer is agreed by the User to Opena as soon as Level transmission occurs by
using the Level Editor. Transmission implies Level’s compliance with terms of
transfer.
The
transfer to Opena is agreed by the User for the duration of literary and
artistic property. By duration of literary and artistic property, it shall mean
the period prescribed by the Code of intellectual property and foreign laws and
all extensions of this period by an international convention, a European
Directive, a French or foreign Law.
4.3.2.2 Geographic Range of the Transfer
This
transfer is valid for all countries, languages and exploitation modes provided
in these Terms.
4.3.2.3 Transfered rights
· Purpose of Level
The Level
is intended for civil and commercial exploitation.
·
Transfer
of reproduction right
The
transfer of reproduction right includes:
-
the
right to reproduce the Level by all electronic and mechanical processes known
or unknown to this day, including optical, magnetic and digital, for
communication to the public online;
-
the
right to modify, compress or decompress the Level for its storage, transfer, communication
or other use;
-
the
right to include the Level in a database;
-
the
right to reproduce excerpts from Level.
·
Transfer
of the right of representation
The
transfer of the right of representation includes:
-
the
right of communication to the public of the Level, in whole or in part,
throughout the world, by any network for the transmission of data, including
networks and digital services, interactive or not, Internet, websites, telecommunications
networks, satellite network and mobile phone network;
-
the
right to exploit the Level, in whole or part, by any network, including
telecommunications or cable, for all interactive processes inherent in this
operating mode;
-
the
right to publish excerpts from the Level.
·
Transfer
of the adaptation right
The transfer
of adaptation right includes:
-
the
right to correct, improve and modify the Level in whole or in part;
-
the
right to make any changes necessary to the exercise of the rights assigned;
-
the
right to dissociate Level or one of its elements as a whole, in order to
exploit the Level;
-
the
right to convert the Level in a computer language.
The User
acknowledges that the adaptations made by Level Opena under its
assigned rights, are the exclusive intellectual property of Opena.
4.3.2.4 Moral right
In the
context of the use or utilization of the Level, Opena will use the term of its
choice to describe the Level.
4.3.2.5 Warranties
The User
warrants that Opena is the sole author of Level and as such it is the sole
owner of all intellectual property rights relating to the Level and no third
party shall be entitled to the status of author or co-author of one or more of
said Levels. The User specifically agrees to abide by the intellectual property
rights of third parties, including copyrights, rights in designs, as well as
rights to patents and trademarks.
The User
warrants to Opena peaceful use of the rights assigned under this contract. The
User ensures Opena against any action, claim, demand or opposition on the part
of any person claiming a right of intellectual property or any act of unfair
competition and / or parasitic, because of the Level.
4.3.2.6 Reproduction and protection of the
Level
The User
is informed of the possibility for Opena to use technical measures to protect
the physical and digital media files reproducing Levels for the purpose to
prevent or restrict unauthorized use. Opena will be able to use, during
exploitation of the Levels, any electronic information necessary to identify
them and advising third parties about terms regulating use of Levels. The User
may, upon written request, obtain from Opena information about the essential
characteristics of technical protection measures and above-mentioned information
Opena would actually use for the exploitation of Levels.
ARTICLE 5. USER’S OBLIGATIONS
5.1
Code of conduct
The User agrees to use Laser! as a prudent
administrator and use the information on Laser! for its own needs and only for
the purposes described in these terms.
User commits himself to create, by use of Level
Editor, no pseudonyms or Levels which may:
·
causing disruption or publishing content that is
contrary to public policy or accepted principles of morality or that may be
unsuitable for minors;
·
any infringement whatsoever of laws relating to reputation, privacy, image
and third party rights;
·
any denigrating or defamatory behaviour, or
causing damage to the image or reputation of a brand or of any natural person
or legal entity, in any way whatsoever;
·
publishing content of a pornographic or paedophilic
nature;
·
compromising the security or integrity of a country or territory, whatever
its nature;
·
allowing third parties to obtain pirated software, software serial numbers,
or any software that may cause damage or compromise, in any way whatsoever, the
rights and property of third parties;
·
any infringement of the intellectual property rights of any person
whatsoever;
·
inciting hate, violence, suicide, racism, anti-Semitism, xenophobia or
homophobia, or apologising for war crimes or crimes
against humanity;
·
inciting crime, offences or acts of terrorism;
·
inciting discrimination against a person or group of persons owing to their
ethnicity, religion, race, sexual orientation or disability.
·
advocating any questionable or fraudulent practices;
·
creating hyperlinks or advertising or promoting a company, brand, site,
blog or forum;
· using
the Site for professional or commercial purposes;
Any illegal or unauthorized use of Laser! will lead to
immediate deletion of User account, possible lawsuit by Opena, including claim
for damages.
5.2 User’s Statement
User acknowledges, prior to his signature of those
Terms, being informed of Laser!’s technical
specifications.
Consequently, User declares that services provided by
Opena are fulfilling his needs, that he has full knowledge of contents and
execution conditions of those services and that he subscribed them with full
knowledge of the facts, disposing of all information necessary for his free
consent.
5.3 Use of Laser!
Each processing, transmission, publication, diffusion or
representation of Laser! by User are done under his sole and full responsibility.
The User agrees to process, distribute, download, or transmit through Laser!
only data which exploitation does not violate any intellectual or industrial
property or other proprietary right, or does not constitute a criminal offense.
The User also agrees not to disrupt or interfere with
Laser! and Opena servers and to comply with the requirements, procedures,
general rules that are provided by Opena for proper implementation of Laser!.
Accordingly, the User warrants Opena against any
damage that may be caused to it due to its use of Laser!, Including potential
legal and procedural fees, and undertakes to intervene in any proceedings
initiated in against him because of his use of Laser!.
ARTICLE 6. PRICES - PAYMENT
6.1 Prices of virtual goods
The
applicable prices are those displayed in Laser! and/or on the Store on the day
of order. Opena may amend these prices at any time. The prices displayed are
applicable only on the day of order and have no effect on future pricing.
6.2 Terms of payment
The User
performs its regulation on the store with the bank details provided during
registration.
Opena
does not have access to data relating to payment of the User.
ARTICLE 7. CONSUMER RIGHTS
7.1 Customer service
Customer
Service is available by email: contact@opena.fr
or by postal mail to the registered address of Opena referred to in article 1
of these conditions. Opena
undertakes to respond
to e-mails and letters within 15 days.
7.2 Right of withdrawal
According
to the law, the User consumer has a period of seven days to exercise his right
of withdrawal without having to give reasons or pay penalties, except, where
appropriate, the costs of return. The consumer may waive this deadline if it
could not move simultaneously and where he would need to call for an immediate
and necessary living conditions delivery. In this case, continues to exercise
his right of withdrawal without having to give reasons or pay charges.
The period
mentioned in the preceding paragraph shall run from the receipt of the goods or
the acceptance of the offer for services. When the seven-day period expires on
a Saturday, Sunday or a holiday, it is extended until the next business day.
When the
right of withdrawal is exercised, the trader shall reimburse the consumer of
all sums paid as soon as possible and no later than thirty days following the
date on which the right was exercised. In addition, the amount due is, as of
right bear interest at the legal rate. This reimbursement shall be made by any
form of payment. On a proposal of the professional, the consumer who has
exercised his right of withdrawal may, however, opt for another method of
reimbursement.
The right
of withdrawal cannot be exercised for service contracts whose performance has
begun before the end of the period of seven days.
ARTICLE 8. INFORMATION SYSTEMS
AND DATA PROTECTION
8.1 CNIL declaration - Responsibility
for processing
The Opena file
comprising the Users' personal information is subject to a declaration
submitted to the CNIL (French national information systems and liberties
commission) under No 1713879.
8.2 Optional provision of information
Users are
at liberty to decide whether they wish to provide their personal information.
8.3 Mandatory provision of information
for registration
In order
to register Users, Opena must obtain certain personal information concerning
Users. Users who do not wish to provide the information required for registration
will be unable to use Laser!.
8.4 Compliance
with the reasons for which personal information is collected
The
personal information collected is processed by computer and is held exclusively
by Opena. The information collected is required in order for the Site to
operate correctly and to ensure that Opena is able to meet its contractual
obligations. The information is stored by Opena exclusively for this purpose. Opena
undertakes to refrain from using the information in any other context and from
passing it on to third parties, unless expressly agreed with the User or in
certain cases laid down by the law. The personal information collected shall
not be sent abroad.
8.5 Right to access, amend and
contradict
Contact details
of all Users who downloaded Laser! is stored for 6 months, this being a
reasonable duration with respect to good management of Laser! and normal use of
information. This information is stored in secure conditions, in accordance
with current technical best practices and in compliance with the provisions of
the French Information Systems and Data Protection Act of 6 January 1978.
In
accordance with this law, the User has a right to access, examine, contradict
and amend the information that it has provided. To do so, the Member must send
a request to Opena by e-mail at cnil.opena@gmail.com or by post to Opena's
registered office at the address given in Article 1 of these general
conditions.
ARTICLE 9. LIABILITIES
9.1 Nature of obligations of Opena
Opena is
committed to providing care and necessary diligence for the provision of
quality services in accordance with the specifications of these terms. Opena
responds only to an obligation of means regarding the services subject matter
hereof.
9.2 Force majeure – Users' negligence
Opena shall
not be liable in the event of force majeure or negligence on the part of Internet
Users, as defined hereunder:
9.2.1
Force majeure
Opena
shall not be liable with respect to Users in the event of force majeure,
defined for the purposes of these general conditions as any impediment,
limitation or disruption to service as a result of fire, epidemic, explosion,
earthquake, fluctuations in bandwidth, failings attributable to Internet access
Partners, failure of the transmission network, equipment failure, illegal or
fraudulent use of passwords, codes or references provided to the User, computer
piracy, security breach attributable to our servers hosting system or
developers, flood, power failure, war, embargo, laws, injunctions, requests or
orders from any government, judicial orders, strike, boycott, or other
circumstances outside the reasonable control of Opena. In such circumstances, Opena
will be released from meeting its obligations to the extent of the impediment,
limitation or disruption.
9.2.2 Users'
negligence
Opena
shall not be liable with respect to Users in the event of the latter's
negligence, defined for the purposes of these general conditions as any misuse
of Laser!, misconduct, negligence, omission or failure on the part of the User
or his/her representatives, failure to heed the advice given by Opena, any
disclosure or illegal use of passwords, codes or references provided to the
User, the entry of erroneous information or the failure to update information
via the User account. The User shall also be deemed to be at fault in the event
that any technical process, such as bots or automatic queries, is implemented
that may contravene the letter or spirit of these general conditions.
9.3 Technical
problems - Hyperlinks
In the
event that it is not possible to access the online content, owing to technical
problems of any kind, Users shall not be entitled to any damages or
compensation. The unavailability of one or more online services, even for
extended or undefined periods of time, shall not constitute a prejudice to
Users and shall under no circumstances give rise to damages being granted by Opena.
Hyperlinks present in Laser! may lead to other Internet sites. Opena may not be
held liable if the content of these sites contravenes prevailing legislation.
Similarly, Opena may not be held liable if prejudice is caused to an User as a
result of visiting any of these sites.
9.4 Damages
payable by Opena
In the
absence of legal or regulatory provisions to the contrary, Opena’s
liability is limited to direct, personal and certain prejudice suffered by the
User and related to the fault in question. Under no circumstances may Opena be
held liable for indirect damages such as loss of data, commercial loss, loss of
orders, damage to brand image, commercial disruption or loss of profit or
customers. Similarly and within the same limits, no damages can be charged to Open.
ARTICLE 10. INTELLECTUAL
PROPERTY
10.1 Laser! contents
The content
(text, images, diagrams, etc.), structure and software implemented in order to
operate Laser! are protected by copyright and database rights. Any
representation or reproduction, in whole or in part, carried out without the
consent of Opena or its successors or assignees shall constitute a violation of
Books I and III of the French Intellectual Property Code and shall be liable to
give rise to legal proceedings. The same shall apply to translation,
adaptation, transformation, rearrangement or reproduction via any technique or
process whatsoever.
10.2 License on Laser!
Opena
offers the User to download from Laser! Store. Downloading Laser! is free. In
this context, Opena grants the User a non-exclusive end-user license for
Laser!. The License is granted for the world and for all languages. The license
only covers the right to reproduce Laser!, solely for downloading Laser! and scripts,
as well as the right to use Laser!, excluding:
• reproduction
for the marketing, circulation, the rebroadcast, distribution, Laser!
publication or Laser! installation on another computer than the User’s;
• any
representation of Laser!, even partial, including through online public
communications or public projections;
• any
translation, adaptation, arrangement or modification of Laser! and any export
or merge with other computer applications.
• any
compilation, decompilation, disassembly, translation,
analysis, reverse engineering Laser!.
The
rights to use Laser! are personal and not transferable. The rights granted to
the User are exclusively for a single User, for his own purposes, to the
exclusion of any form of supply to third parties, even a subsidiary company or
a member of a group of law or fact. The User may not transfer all or part of
the rights and obligations under this contract, either as part of the material
existence of rights covered by this license.
ARTICLE 11. GENERAL PROVISIONS
11.1 Applicable law
These
general conditions are governed by French law.
11.2 Amendments
to these general conditions
These
general conditions may be amended by Opena at any time. The general conditions
applicable to an User are those in force on the day that he/she is using Laser!.
By using Laser!, the User is deemed to have accepted the new general conditions
where applicable.
11.3 Amicable settlement
of disputes
With the
exception of public policy provisions, any disputes that may arise from the
application of these general conditions must be submitted to Opena prior to
launching legal proceedings, with a view to reaching an amicable settlement.
11.4 Entirety
In the
event that a clause of this contract is deemed null and void, the remaining
clauses of the contract or the contract as a whole shall not be considered null
and void and shall remain in full force and effect. In such a case, the parties
must, as far as is possible, replace the annulled clause by a valid clause that
corresponds to the spirit and objectives of these general conditions.
11.5 Non-waiver
In the
event that Opena chooses not to exercise its rights as set out in these general
conditions, under no circumstances shall this be interpreted as a waiver of its
entitlement to exercise the said rights.