Article 1 – Terms and Conditions jurisdiction and definitions
These Terms and Conditions of Use and Sale are governed by the laws of France and will be interpreted in accordance with the French courts. You can get on this page, for your reading comfort and understanding, a full translation in English of the Terms and Conditions of the current website.
The below listed words define :
- « Site », « website » or « Service » : the website https://www.the-learning-game.com and all its pages.
- « Publisher » : the legal or natural person responsible for editing and publishing content on the site.
- « User » : the person visiting and using the site.
Article 2 – Terms and Conditions application
The present Terms and Conditions describe the entire agreement between the user and the website. They may be modified at any time by the publisher or one of its representative. The Terms and Conditions applicable to the user are those in effect on the date of the connection to the site.
The site is free to access by any Internet user. The acquisition of a product, creation of an account on the site, and in a broader sense navigation on the site implies acceptance by the user of the whole current Terms and Conditions, the user thus acknowledging to have taken full knowledge and accepted the latter.
For instance the collection of this acceptance can be materialized as a checkbox next to the sentence: “I have read and accepted the terms and conditions of this site“. Ticking this box will be considered to have the same value as a handwritten signature from the user.
The user recognizes the value of evidence from the site automatic recording systems and, unless able to provide evidence to the contrary, will not contest this evidence in the event of a complaint.
The acceptance of these Terms and Conditions implies on the part of the user that he or she does have the legal capacity necessary to do so. If the user is a minor or has not the legal capacity to enter into contracts, he or she declares having the consent of a parent or legal guardian.
The website https://www.the-learning-game.com is published by Macarella SASU.
The purpose of the site is the following : « E-commerce website ».
Article 4 – Member account
The registered user on the website (member) has the ability to access his or her account by logging in, using the e-mail address specified during registration and a password or using third-party social network login buttons. The user is responsible for protecting the password he or she has chosen, and is encouraged to use complex passwords. In case of forgotten password, the member can choose or generate a new one. This password is the guarantee of confidentiality of information contained in the user account, and the user will refrain from transmitting or communicating it to third parties. Otherwise, the site will not be held liable for unauthorized access to a user account.
Creating an account is a prerequisite to any member contribution on this site. To this purpose, the member can be asked to provide a few personal information. The member agrees to provide accurate information.
Data collection purpose is the creation of a member account. The site publisher can not be held responsible if the data contained in the account were to disappear as a result of a technical failure or force majeure event, this information having no probative value, but only an informative one. The account pages are freely printable by the given account holder but cannot be taken as evidence ; they only have informative value and aim to effectively help the member to manage his or her contributions.
Members are free to delete their account on the site. In order to do so, the member can send a e-mail to the website stating that he or she wants to delete the account. No data recovery is possible after account deletion.
The publisher reserves the exclusive right to delete the account of any member who may have breached these Terms and Conditions, including but not limited to knowingly providing false information during the user registration and the creation of an account, or if the member has been inactive on the site for at least a year. Said deletion cannot be considered harmful to the excluded member, who can not claim any compensation for this the account deletion. This deletion does not prevent the publisher to initiate legal actions or a lawsuit against the member, should the facts warrant it.
Article 5 – Access to and availability of the website
Failure to connect to the website is not considered harmful to the users, and will not result in any right to any kind of compensation.
The publisher is bound by an obligation of means; he can not be held liable for damages resulting from the use of the Internet network such as data loss, hacking, viruses, failure in service, or other.
The user expressly agrees to use the site at his or her own risk and under his or her sole responsibility.
The site provides the user with indicative information and flaws, errors, omissions, misstatements and other ambivalences may exist. In any event the publisher will no be liable for :
- any direct or indirect damage, including but not limited to lost profits, revenue shortfall, loss of customers or data that may result from the use of this site or conversely the inability to use it;
- any malfunction, impossibility of access, misuse, improper configuration of the user’s computer, or for the use by the user of an unusual browser
Article 6 – Hypertext links
Hypertext links on the current website may refer to other sites and the responsibility of the publisher of the current website can not be engaged if the content of these sites contravenes the laws.
The current website publisher will not be held responsible of any harm caused to the user by his or her visit on those third-party sites.
Cookies allow the site to identify its users, customize their browsing experience and speed up the display of the site pages through a data file saved on their computer or device. Cookies are typically used on the site to 1) gather user navigation data to provide analytics and optimize user experience and 2) allow the user to log in to and access password-protected pages, including but not limited to his or her account pages.
- For Internet Explorer : https://support.microsoft.com/en-us/help/17442/windows-internet-explorer-delete-manage-cookies
- For Safari : https://support.apple.com/en-us/HT201265
- For Google Chrome : https://support.google.com/chrome/answer/95647?hl=en
- For Firefox : https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences
- For Opera : http://help.opera.com/Windows/10.20/en/cookies.html
Article 8 – Intellectual property rights relating to information published on this site
Unless otherwise stated, the publisher or its licensors own the intellectual property rights of the website and of material on the website.
Copying any content, including but not limited to logos, text content, pictures or videos is strictly prohibited and will be considered counterfeiting.
Any user found guilty of counterfeiting would likely see his or her account deleted without notice or compensation, this deletion not preventing the publisher or its representative to initiate legal actions or a lawsuit against the member, should the facts warrant it.
Trademarks and logos appearing on the site are deposited by the publisher or possibly by one of its partners. As such, any person proceeding to their representations, reproductions, interweavings, distribution and reruns incurs to penalties foreseen in the articles L. 713-2 and following of the French Code of the intellectual property.
Article 9 – Liability
The publisher cannot be liable for any technical hindrance of the connection to the website, including but not limited to hindrance due to a force majeure event, a maintenance, an update, changes being made on the site, an intervention by the hosting company, an internal or external strike, a network outage, a power failure, or a bad setup or operation of the user computer.
Article 10 – User-generated content on the website
Users are offered the option of contributing to the contents of this site by posting comments. Contributors are advised that the publisher, represented if necessary by moderators, can choose to publish the comments on this site, on newsletters or on the websites of its partners, provided that the publisher includes the pseudonym of the author of the comment.
The author of the comment therefore waives his or her rights to it, to the benefit of the publisher and for any kind of distribution, use or purpose, even commercial, on the Internet medium ; this, of course, provided that author paternity rights are always respected.
Article 11 – Notices and claims
Any claim or cause of action you may have with respect to your use of this website, its pages, services or the social network pages of the publisher, or which is the subject of these Terms and Conditions must be commenced within one (1) year after the claim or cause of action arises. If it is not, such a claim or cause of action will never be applicable before a court.
In such a case the user may contact the publisher of the website using the addresses mentioned in the Legal Notices of this website, to give, if possible, a description of the error and location (URL), as well as sufficient information for the publisher to be able to contact the user back.
Article 12 – Terms and Conditions framework
If any of these terms and conditions should be declared null and void by a court, such nullity shall not extend to any other clauses, which continue to be in effect.
They supersede all previous or contemporary written or oral agreements. The Terms and Conditions are not assignable, transferable or sublicensable by the user himself.
Article 13 – Applicable law
These Terms and Conditions are subject to the application of French law.
Excepting public policy provisions, any dispute that may arise regarding the execution of these Terms and Conditions may be submitted to the discretion of the publisher with a view to a friendly settlement, before any legal proceedings
It is expressly stated that the claims for friendly settlements do not suspend nor set aside the deadlines fixed for instigating legal proceedings.
Unless otherwise provided by public policy provisions, any legal proceedings regarding the execution of this contract shall be subject to the jurisdiction of the Court of Appeal that has been referred to.
All rights reserved – 29 June 2020