TERMS OF SERVICE
Henri’s Secret is a visual novel. You incarnate Lyla, a young and beautiful high school girl who falls under the new student’s charm. Reserved, Henri seems to be hiding a big secret. Throughout the days, the heroine will be confronted by several riddles to solve during the story.These TERMS OF SERVICE govern all the different uses of the PLATFORM accessible on https://www.henrisecret.com. They are a binding agreement concluded between:
- The Company BEEMOOV, BEEMOOV, SAS with social capital of 200,000 euros, registered at the RCS of Nantes, France under the number B 492 377 908 - TVA FR82492377908, with headquarters located at 57 boulevard Gaston Serpette, 44000 Nantes (hereafter “BEEMOOV” or “we”), for one part
- You, the USER, for the other part.
You and Beemoov are hereinafter collectively referred to as the "Parties"
Important : Before you become a MEMBER, you must read and accept all terms in, and linked from and to, these TERMS OF SERVICE. Any use of the site www.henrisecret.com. constitutes your unconditional acceptance by the USER of these TERMS OF SERVICE (hereinafter “Terms”). If you do not agree with them, you should leave the Website and discontinue use of the PLATFORM immediately. YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT. YOU ACCEPT ALL TERMS AND CONDITIONS OF THIS AGREEMENT.
ARTICLE 1 DEFINITIONS
- ACCOUNT: refers to the interface where all the data supplied by the MEMBER is regrouped and hosted on the PLATFORM.
- CONTRIBUTOR : refers to a MEMBER who posts a message on the forum.
- MEMBER: refers to any USER registered on the PLATFORM to obtain access to any of the different PLATFORM offered by BEEMOOV.
- PLATFORM: refers to the internet site accessible at the address www.henrisecret.com.. The PLATFORM all of the web pages hosted and PLATFORM offered to the MEMBERS.
- USER: refers to all of the MEMBERS and VISITORS, including “you”.
- VISITOR: refers to any person who accesses and navigates on the PLATFORM.
ARTICLE 2 TERMS OF REGISTRATION
Registration to use the PLATFORM is generally open to any individual. All minors (including individuals under the age of 18) must obtain authorization from their parent or legal guardian.
The purchase of "credits” and other premium paid PLATFORM usage privileges is restricted to persons over the age of 18 and to minors acting under the authorization and any applicable supervision of a parent or legal guardian. You are not authorized to use this site if you are a minor not under such supervision.
BEEMOOV reserves the right, in its sole discretion and without any liability whatsoever, to refuse or terminate the registration for any individual, including without limitation for failure to adhere to the spirit of the PLATFORM or for violating the image or goodwill of BEEMOOV.
Any connection to an ACCOUNT of a MEMBER using the email address and password chosen at the time of registration will be deemed to be made by the MEMBER. The MEMBER is responsible for any use by someone else and for updating all registration information from time to time.
ARTICLE 3 OPERATING PROCEDURE
Registration to the PLATFORM is free. An individual can open only one unique ACCOUNT.
However, the MEMBERS have the right to purchase different credits using different methods of payment.
These credits are also accessible by other methods such as purchased sponsorship.
Purchased credits are completed purchases that are valid for an indefinite period for use solely on the PLATFORM. Once purchased, credits are non-refundable and have no cash redemption value (or, if applicable law requires a cash value, the cash value shall be $0.00001 per $1.00 nominal purchased bonus credit).
If the ACCOUNT of a MEMBER is closed, no matter the reason or cause, the credits are lost and non-refundable.
The ACCOUNTS may be used only by the individual MEMBER and are nontransferable. Any such attempted transfer is void.
ARTICLE 4 FORUM
4.1 Rights and responsibilities of the USER
Any USER who enters the forum accessible on the PLATFORM must respect the intellectual property rights and other rights of the authors.
USERS may not copy, reproduce, publish, perform and/or distribute any contributions posted on the forum on other forums or other material.
Any USER can nevertheless reproduce the contents of the forum for private consultations or reproduce and broadcast brief excerpts of a message, for information or research, citing the name of the forum and that of the author of the message. Such reproduction may not use the author’s real name where the author has chosen to adopt a screen name.
We recommend that MEMBERS use “screen names” as a technique for protecting their privacy.
4.2 Rights and responsibilities of the CONTRIBUTOR
Any CONTRIBUTOR retains ownership and intellectual property rights of the CONTRIBUTOR’S message, subject to the Terms.
The statements made on the forum are published under the sole responsibility of the CONTRIBUTOR. Thus, the CONTRIBUTOR agrees to:
- Behave fairly in respect of others,
- Respect the rights of others,
- Respect the privacy of others and the confidentiality of exchanges with USERS, by not republishing, copying or distributing any such exchanges other than through the PLATFORM, and
- Not post any message contrary to any laws, regulations or good morals.
4.3 Monitoring and Moderation
BEEMOOV uses reasonable efforts to monitor and moderate all contributions of Content to a forum. However, we assume no responsibility for monitoring or moderating any content, and no obligation to modify, delay or remove any inappropriate content, and no responsibility to you or the CONTRIBUTOR for any failure to take any action regarding any content posted by a CONTRIBUTOR.
We use individual moderators to seek and to verify that messages published on the forum comply with the Terms. Such efforts might not be completely effective.
The moderator (and BEEMOOV generally) reserves the right to delete any contribution for any reason or no reason. This may include content that does not relate to the topic of discussion, is contrary to the editorial policy of the PLATFORM, is contrary to the law, or that BEEMOOV decides in its own absolute discretion is undesirable.
4.4 Prohibited Content
The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the PLATFORM. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, removing the offending communication from the PLATFORM and terminating the Membership of such violators.
Prohibited Content includes, but is not limited to Content that, in our sole discretion :
- Promotes violence; is libelous, defamatory, obscene, racist, or hateful; defends war crimes or pedophiles, incites murder or suicide, incites discrimination or hatred, promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, reproduces (or promotes the reproduction of) a copyrighted work without authorization, or is otherwise contrary to any applicable law, rule or regulation.
- harasses or advocates harassment of another person;
- exploits people in a sexual or violent manner;
- contains nudity, violence, or offensive subject matter or contains a link to an adult website;
- solicits personal information from anyone under the age of 18;
- promotes information that you know is false or misleading or promotes illegal activities;
- involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
- contains restricted or password-only access pages or hidden pages or images (those not linked to or from another accessible page);
- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
- involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- includes a photograph or other personally identifiable information of another person that you have posted without that person's consent.
4.5 Prohibited Activities
The following is a partial list of the kind of activity that is illegal or prohibited on the PLATFORM and through your use of the PLATFORM. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities.
Prohibited activity includes, but is not limited to:
- illegal, criminal or tortious activity or other unauthorized use of the PLATFORM, including but not limited to child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, invasion of privacy, spamming, spimming, sending of viruses or other harmful files, trademark infringement, copyright infringement, patent infringement, or theft of trade secrets. Illegal and/or unauthorized use of the PLATFORM, including collecting usernames and/or email addresses of MEMBERS by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from MEMBER profiles without notice and may result in termination of privileges of being a MEMBER. Appropriate legal action may be taken for any illegal or unauthorized use of the PLATFORM
- advertising to, or solicitation of, any MEMBER to buy or sell any products or PLATFORM through the PLATFORM. You may not transmit any chain letters or junk email to other MEMBERS. It is also a violation of these rules to use any information obtained from the PLATFORM in order to contact for a commercial purpose, advertise to, solicit, or sell to any MEMBER without their prior explicit consent. In order to protect our MEMBERS from such advertising or solicitation, we reserve the right to restrict the number of emails which a MEMBER may send to other MEMBERS in any 24-hour period to a number which we deem appropriate in our sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the PLATFORM, you acknowledge that you will have caused substantial harm to us, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay us for each such unsolicited email or other unsolicited communication you send through the PLATFORM;
- covering or obscuring the banner advertisements on your personal profile page, or any Website page via HTML/CSS or any other means;
- circumventing or manipulating our published policies, feedback or ratings systems, business models, payment structure, amounts owed to BEEMOOV or restrictions imposed by BEEMOOV;
- any automated use of the system, such as using scripts to send comments or messages;
- interfering with, disrupting, or creating an undue burden on the PLATFORM or the networks or PLATFORM connected to the PLATFORM;
- attempting to impersonate another MEMBER or person;
- using the account, username, or password of another MEMBER at any time or disclosing your password to any third party or permitting any third party to access your account;
- selling or otherwise transferring your profile or the profile of any other MEMBER or person;
- using any information obtained from the PLATFORM in order to harass, abuse, or harm another person;
- any use of the PLATFORM for any purpose other than your direct personal use in your capacity as a MEMBER, in relation to other MEMBERS;
- any use of the PLATFORM in connection with any organizational, entity, institutional or commercial endeavors, except those that are specifically endorsed or approved by us; or
- displaying an advertisement on your profile or the profile of any other MEMBER or person, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the PLATFORM on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, or sending private messages with a commercial purpose.
Payment for any violation would only be requested when it is reasonably certain you were the actual source of the violation, and not as a result of identity theft, hijacking, impersonation, or any other usage of your account by another individual. In the absence of evidence of such abuse by a third party, BEEMOOV may presume you were the actual source of the violation.
If you are interested in using the PLATFORM for organizational, entity, commercial or institutional use, please contact: firstname.lastname@example.org
Any published message remains, nevertheless, the sole responsibility of its author.
USERS can request verification of any disputed message posted on the forum by contacting the support at the following address: email@example.com
4.6 Copyright Infringement Policy
You may not post, modify, distribute, perform or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is our policy to terminate Membership privileges of any MEMBER who repeatedly infringes the copyright rights of others upon receipt of proper notification to us by the copyright owner or the copyright owner's legal agent.
Without limiting the foregoing, if you believe that your work has been copied and posted on the PLATFORM in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the PLATFORM; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Our Copyright Agent for notice of claims of copyright infringement can be reached as follows:
Copyright Agent, BEEMOOV SAS 57 boulevard Gaston Serpette 44000 Nantes, France,
France Facsimile: +33 (0)1 84 16 32 99; firstname.lastname@example.org
If you knowingly materially misrepresent your claim of infringement, you will be liable for any damages, including costs and attorneys' fees, incurred by us for injury by your misrepresentation, as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.
ARTICLE 5 OBLIGATIONS OF PARTIES
5.1 USER Obligations
When using the PLATFORM, each user agrees not to undermine public order and to comply with the rules and regulations, to respect the rights of third parties and to comply with the provisions of these Terms.
The USER is solely responsible for editing any editorial or graphic content.
Each USER must:
- Behave fairly and justly in regards to BEEMOOV and third parties.
- Be honest and sincere when providing information to BEEMOOV and, if applicable, to other USERS.
- Respect the rights of third parties, and in particular the rights of BEEMOOV.
- Use the PLATFORM and the ACCOUNT in accordance with the Terms.
- Not use the PLATFORM or the ACCOUNT to commit crimes, misdemeanors or petty offenses punishable under the Penal Code or any other legislation.
- Respect the privacy of third parties and the confidentiality of exchanges with USERS.
- Not divert users towards a competing site or service.
- Not try to add information to the automated data processing systems implemented for online use of the PLATFORM, included in Articles 323-1 and after, of the Penal Code.
- Not post information contrary to the laws, current regulations and good morals.
5.2 Obligations of BEEMOOV
The general obligation of BEEMOOV is an “obligation of means” within the meaning of applicable law. BEEMOOV has no obligation of result or enhanced means of any kind.
BEEMOOV is committed to ensure continuity of access and usage of PLATFORM, 7 days a week and 24 hours a day.
BEEMOOV is a host, defined within of Article 6 I 2 of the Act of June 21, 2004. As such, BEEMOOV agrees to withdraw promptly all illegal content (work or comments) as soon as BEEMOOV is informed of such content.
Notification of illicit content must be done by e-mail to support or by registered mail with recorded delivery.
In both cases, in order for the notification to be valid, it must present all elements prescribed in article 6 I 5 of the Act of June 21, 2004:
- the date of the notification;
- if the notifier is an individual: name, surname, profession, residence, nationality, date and place of birth; if the notifier is a corporation: its form, its name, registered headquarters and the legally representing body;
- the name and address of the recipient or, if the recipient is a corporation, its name and registered headquarters;
- description of the contested information and its precise location;
- the reasons for which the content must be removed, including reference to legal provisions and supporting evidence;
- a copy of correspondence addressed to the author or publisher of information or suspicious activities requesting their interruption, withdrawal or modification, or justification for why the author or the publisher could not be contacted.
ARTICLE 6 LIABILITY
You agree that you are making use of the PLATFORM and any related websites, services, applications and forums at your own risk, and that they are being provided to you on an “AS IS” and “AS AVAILABLE” basis. BEEMOOV expressly disclaims any warranty of merchantability, fitness for a particular purpose or non-infringement. YOU ASSUME ALL RISK ASSOCIATED WITH THE QUALITY, PERFORMANCE, INSTALLATION AND USE OF THE SOFTWARE INCLUDING, WITHOUT LIMITATION, THE RISKS OF PROGRAM ERRORS, DAMAGE TO EQUIPMENT, LOSS OF DATA, OR UNAVAILABILITY OR INTERRUPTION OF OPERATIONS. BEEMOOV cannot guarantee and does not promise any specific results from use of the PLATFORM.
BEEMOOV is not liable for:
- temporary disruption of access to the PLATFORM for technical maintenance or updating of published information;
- virus attacks; or
- the accuracy or opinions of any Content posted by USERS or by any websites reached by links from the PLATFORM; or
- abnormal or illegal use of PLATFORM. In such case, the USER is solely responsible for damage to third parties and consequences of claims or actions that may result.
If you have a dispute with any other USER, you indemnify and release us (and our affiliates, subsidiaries and our and their respective officers, directors, employees and agents) from, arising out of or related to all claims, demands and damages (actual and consequential) of any kind and nature, known and unknown, arising out of or in any way connected to such disputes. You expressly waive all statutory protections that might limit such a release.
In any case, it is up to the USER to prove the fault of BEEMOOV in order to challenge its liability, which will be strictly limited to direct damages. IN NO EVENT SHALL BEEMOOV OR ANY LICENSOR, SERVICE PROVIDER OR SUPPLIER TO BEEMOOV BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE PLATFORM, EVEN IF BEEMOOV OR SUCH OTHER PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN. BEEMOOV’s LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF AMOUNT PAID, IF ANY, BY YOU TO BEEMOOV FOR THE PLATFORM DURING THE MOST RECENT THREE MONTHS OF THE TERM OF MEMBERSHIP OR (Ten Dollars). USER agrees that such limitation does not deprive USER of an essential remedy.
You agree to indemnify and hold BEEMOOV, its subsidiaries, and affiliates, and their respective shareholders, directors, officers, agents, partners, licensors, contractors, service providers and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, expenses and costs, made by any third party related to or arising out of your use of the PLATFORM in violation of this Agreement, arising from a breach of this Agreement, and/or if any Content that you post on the PLATFORM or through the PLATFORM causes us or any such other indemnified person to be liable to another.
ARTICLE 7 - INTELLECTUAL PROPERTY
7.1 Property of BEEMOOV
The trademarks, logos, slogans, graphics, photographs, animations, videos, software and text contained on the PLATFORM are the exclusive property of BEEMOOV and may not be reproduced, used or represented without the express permission of BEEMOOV or its partners, under penalty of law. .
Any total or partial reproduction, use or representation of the PLATFORM, by any means whatsoever, without the express permission of BEEMOOV is prohibited and shall constitute an infringement punishable by articles L.335-2 et seq and Articles L.713-1 et seq of the Code of Intellectual Property.
The practice of deep links to a page of the website www.henrisecret.com/ is prohibited without the express permission of BEEMOOV.
BEEMOOV expressly prohibits:
1 ° the extraction, by permanent or temporary transfer, of all or any substantial content of a database to another medium by any means; and
2 ° the use, by making available to the public, all or any substantial content of the database, regardless of the form.
7.2 Grant of License by CONTRIBUTOR
In the event that an item provided by a CONTRIBUTOR would be considered a work within the meaning of Article L 112-2 of the French Intellectual Property Code, by express agreement and only in connection with the use of PLATFORM, the CONTRIBUTOR grants a license of exploitation rights necessary for the use and publication of said work, including rights of reproduction, representation, modification, public performance, public display and distribution solely on and through the PLATFORM. This license is granted free of charge to BEEMOOV for use with the PLATFORM.
Accordingly, BEEMOOV can reproduce, use and represent the work of the MEMBER, in any format on any other page of the PLATFORM.
This license is non-exclusive and transferable for the duration of the intellectual property rights of the work and throughout the world.
The CONTRIBUTOR warrants that any works the CONTRIBUTOR publishes do not constitute a violation of intellectual property rights, or create any unfair or abusive competition, or otherwise violate any law, rule or regulation. Thus, the CONTRIBUTOR agrees to defend BEEMOOV and bear all costs (including attorneys’ and experts’ fees) against any claim concerning any such works and their normal use.
ARTICLE 8 TERMINATION
Each USER may terminate its registration on the PLATFORM by requesting the closure of the USER’S personal account to BEEMOOV. This request shall be deemed effective the business day following receipt by BEEMOOV.
Upon termination, all personal data concerning the USER will be immediately removed, except data that identifies a content editor for the purposes of the Act of June 21, 2004, which are kept for one year before being destroyed.
Without prejudice to other provisions of these Terms, BEEMOOV may terminate a USER's ACCOUNT
(i) without notice or demand in case of serious breach by the USER of any of its breach and requesting the USER to comply with these Terms, the changes are not made within 15 days or such shorter period as BEEMOOV may require;
(ii) the ACCOUNT remains inactive for more than twelve months continuously;
Any termination by BEEMOOV shall not impair its right to obtain damages from the USER, or USER’s legal representatives, and their respective successors and assigns, for losses (including reasonable attorney’s fees) incurred by such neglect of obligations.
The USER will be notified by email of the cancellation or confirmation of the termination of the USER’s personal account. The USER’s data will be destroyed at the USER’s request or at the expiration of the legal time after the termination of the account, but BEEMOOV may retain USER’s data in a separate archive for purposes of pending or anticipated disputes with USER or any third party relating to the USER or, after removal of the USER’s screen name and real name, if applicable, for data analytics.
ARTICLE 9 PROTECTION OF PERSONAL DATA
As part of its activity on the PLATFORM, BEEMOOV may collect personal data. This data will be processed in accordance with the purposes for which it was collected.
This site and the treatment of personal data that results are being declared to the Commission Nationale Informatique et Libertés (CNIL) under the number 1243525.
Any person whose personal data is processed has the rights to access, rectify, delete and oppose the processing of their personal data under sections 38 and following of the law of 6 January 1978.
These rights may be exercised in accordance with the law of January 6, 1978, as amended by the Act of August 6, 2004 by e-mail to email@example.com or by mail to BEEMOOV/Henri’s Secret, 57 boulevard Gaston Serpette, 44100 Nantes - France in establishing one's identity and a legitimate reason if required by law.
ARTICLE 10 MODIFICATION
BEEMOOV reserves the right to modify these Terms at any time. Changes shall take effect the first day of the month following their publication on the PLATFORM or, if earlier, the date when BEEMOOV sends you an email identifying such modified Terms.
Any registration (and any use of the PLATFORM) after the date of publication of modified Terms will be deemed as having been made after consenting to the new version of the Terms.
Any MEMBER registered before the application of amendments to the Terms retains the right to cancel his or her ACCOUNT at any time as provided in Article 8 TERMINATION.
ARTICLE 11 GENERAL PROVISIONS
No other guidelines or documents can create obligations not included in the Terms unless agreed in writing by both Parties.
The fact that one of the Parties did not require the enforcement of any provision of these Terms, whether permanently or temporarily, will in no way be considered a waiver of such provision.
The titles contained herein are for convenience of reference only and shall not be used to interpret the meaning of these Terms.
If any provision of these Terms were to be deemed invalid under a statute or regulation in force and/or a court decision, it will be disregarded but will not affect the validity of the remaining provisions which shall remain fully applicable.
Unless otherwise stated, all references to a law or regulation refers to the laws of France.
All of our rights and obligations under this Agreement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. Nothing in this Agreement shall prevent us from complying with the law. This Agreement does not confer any third party beneficiary rights.
The PLATFORM is controlled and operated by BEEMOOV from its offices in Nantes, France. By accessing the PLATFORM or otherwise consenting to the USER’s access to the PLATFORM, each Party agrees that the statutes and laws of France ( without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods) will apply to all matters arising out of or relating to the relationship of the Parties, the use of the PLATFORM and the purchase of products and/or PLATFORM services available through the PLATFORM, and each Party further agrees and hereby submits to the exclusive jurisdiction and venue of the courts of Nantes, France with respect to such matters. Each Party waives any right to commence any action in connection with this Agreement in any court outside Nantes, France. Each party hereby agrees to submit to the jurisdiction of such courts without reservation as to inconvenient forum or lack of jurisdiction. Each party agrees to accept service of process by registered or certified mail, return receipt requested, or, if a Party has not submitted information sufficient for such postal mailing, by e-mail to the e-mail address that you have provided in registration or otherwise, with a copy to the Internet Service Provider that hosts the Internet domain that is the ICANN-registered registrant hosting such domain. EACH OF THE PARTIES HEREBY WAIVES TRIAL BY JURY IN ANY ACTION ARISING OUT OF MATTERS RELATED TO THIS AGREEMENT. THIS WAIVER AND THE OTHER CONSENTS REGARDING RESOLUTION OF DISPUTES IS INFORMED AND VOLUNTARY.