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.