TOS

Explor Games® CGU

Come and explore our terms and conditions with us to find out what you are agreeing to!

Pay close attention, we’re taking you on a legal journey, but we promise not to keep you for too long. Our teams are committed to creating unique experiences, thanks to digital treasure hunts, by offering you real enigmas and challenges!

 

In order for you to have the most fun and enjoyment from our games, we have put in place a few rules of use. It is essential that you accept and abide by these rules if you wish to use our services.

What will we offer you?

This article explains what ATELIER NATURE, under the Explor Games® brand (“Explor Games®” or “we”) are offering you.

 

Our services (the “Services”) include digital treasure hunts accessible via the Explor Games® Platform (the “Platform”) and through the Explor Games® Application (“Application”).

 

During these games, you will be involved in interactive, location-based games, as designed by Explor Games®, including guided walks, adventure games, treasure hunts, orienteering and sports programmes (the “Games”). You are advised that you can enjoy our Services with multiple players and thus operate as a team (the “Team”).

 

When you use our Services (the “User” or “you”), you agree to these terms of use (the “Terms”).

What are the rules of conduct to respect?

Users agree to abide by these Terms throughout the use of the Services as well as all applicable laws.


Rule n°1: respect for content and intellectual property rights


We ask that you respect all materials that are part of our Services, including any text, graphics, images, music, video or other materials that may be posted by a User or by Explor Games® and accessible by other Users (“Materials”).
This Content may be protected by intellectual property rights (in particular copyright, trademark law, patent law), as provided for in the French Intellectual Property Code and international treaties (“Intellectual Property”), which you agree to respect.


Rule n°2: respect for the rights of third parties


In particular, it is forbidden to: (this list is non-exhaustive)
– defame, abuse, harass, stalk other Users or Explor Games® representatives
– Usurp the identity of other Users or third parties
– publish false information by creating false profiles
– prevent other Users from accessing or using the Application or benefiting from the Services
– promote any religion or religious activity
– offer any commercial promotions or preferential rates from any other company or service


Rule n°3: respect for safety
In particular, it is forbidden to: (this list is non-exhaustive)


– Endanger other Users or representatives of Explor Games®.
– Transmit viruses, worms, defects, Trojan horses or any other items of a destructive nature or that may steal or reveal data of another user.
– Promote or provide instructions on illegal activities.
– Promote physical or moral violence against a group or individual
– Use a robot or other device to retrieve or index all or part of the Application and/or Services, or to collect information about Users for unauthorized purposes.

What are the risks of not complying with these Terms?

Explor Games® reserves the right to impose sanctions on any User who fails to comply with these Terms. These sanctions will be decided on a case by case basis, depending on the situation and the seriousness of the User’s actions.
We can notably: (this list is non-exhaustive)

– restrict your access to our Services
– suspend your access to our Services

– temporarily ban you from accessing our Services

– permanently ban you from accessing our Services

We may also take legal action to incur your civil liability if your conduct causes damage to our Services, in order to obtain compensation. We may also take legal action against you if your conduct amounts to a criminal offence as sanctioned by the Criminal Code.

How to use the Services and create a User profile?

You can access our Services via any electronic device with Internet access.
The use of the Application and access to the Parties and the information published therein are subject to the creation by Users of a Team, composed of two (2) to four (4) Users. In the event that the minimum number of Users constituting a Team is insufficient, the Game will be automatically cancelled. The Users will be informed by email and/or by the messaging system of the Application.

 

To access all the features of the Application, Users can create a player profile (the “Profile“). To do so, Users must provide the following information:

– Team Name;
– E-mail address;
– Number of players
The creation of the User profile is subject to the acceptance of our privacy policy, via the box “I accept the processing of my personal data by ATELIER NATURE”.

What are the terms of our liability?

We undertake to provide our best means to guarantee the accessibility of our Services. Nevertheless, we may have to temporarily suspend our Services for technical or maintenance reasons.
We shall not be liable for any direct or indirect, material or immaterial damage resulting from access to our Services, from an interruption or from a malfunction of the latter, whatever the cause.
Each User of our Services is held fully responsible for the Content he/she publishes; as well as for any damage caused by his/her misuse of our Services.

What are the intellectual property rights applicable to the Content?

What are the intellectual property rights applicable to the Content?


We will guide you step by step on our rights as well as on your intellectual property rights.
The ownership of Explor Games®
Explor Games® is the exclusive owner of all intellectual property rights in the structure of the Application and the Platform and in the Content of its Services worldwide.
These rights relate in particular to the Explor Games® brand, the models, source codes, texts, comments, works, illustrations, videos, images and attached documents, whether visual or sound, reproduced on the Platform and/or the Application as well as its databases and their Content of which it is the producer.
The consultation and use of these intellectual creations are reserved for personal non-commercial use, which excludes any commercial exploitation at a local, national or international level.


Explor Games® nevertheless authorises the set-up of a hypertext link to its Content, subject to :
– Mention the source, which will point directly to the targeted content via a hypertext link.
– Use the information only for personal, associative or professional purposes.

Any use for commercial or advertising purposes is excluded, except with the prior written consent of Explor Games®.
In the event of a breach of these obligations, we reserve the right to prosecute the offender before the French court.
Ownership of the User
The User has sole ownership of the Content he/she publishes.
The User grants Explor Games® a non-exclusive, copyright-free, perpetual, royalty-free, transferable, irrevocable and sub-licensable right to use the Content that the User posts on the Application.

Under the terms of this licence, the User authorises us to freely use all or part of the Content published, to represent it, to distribute it and to reproduce it on the Application. Explor Games® therefore remains free to distribute Users’ Content for promotional, advertising and profit-making purposes, in particular through competitions or partnerships. This distribution may be done by any means. Consequently, the User declares that :
– He owns the Content published on or through the Application, or that he is authorized to grant the rights and licences referred to in these Terms
– The publication and use of Content on or through the Application does not infringe, misappropriate or violate the rights of third parties, including, but not limited to, intellectual property rights and the right to privacy.

 

The website linking to our Content must not disseminate information of a controversial, pornographic or xenophobic nature or which could, to a greater extent, undermine our integrity or violate the law.

What are the rules regarding the protection of minors?

Access to our Services is permitted to minors under the age of sixteen (16) years, subject to parental consent being provided to Explor Games® prior to the start of the Game.

 

Users under the age of majority are advised to read these Terms with the assistance of their legal guardian.

 

Legal guardians are solely responsible for the use of our Services by minors for whom they are responsible.

What are the cases of force majeure preventing us from maintaining our Services?

Any event beyond the control of Explor Games® and against which it could not reasonably be expected to protect itself shall constitute force majeure and as such shall suspend its obligations to Users.

 

The following are considered to be cases of force majeure, without this list being exhaustive: a strike or technical breakdown (breakdown of electricity, breakdown of telecommunications operators, Internet access or hosting providers, registrars, etc.), a stoppage in the supply of energy (such as electricity), a failure of the electronic communication network on which the Company depends and/or of the networks that would replace it.

 

The Company shall not be held responsible, or considered to have failed in its obligations under these Terms, for any non-performance related to a case of force majeure as defined by French law and jurisprudence.

What is the applicable law for our Services?

These Terms are governed by and construed in accordance with French law.

Can we change these Terms?

YES. We reserve the right to change these Terms at any time, including for regulatory reasons. The applicable version is the one in force at the date indicated at the top of these Terms.

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