GRAALY – TERMS OF USE

These Terms of Use apply to the use of the mobile application GRAALY, published by the company being formed GRAALY, whose head office is located 29 chemin du Vieux Chêne 38240 MEYLAN, FRANCE.

 

1. Definitions

In these Terms and Conditions, each of the terms mentioned below shall have the meaning given in its definition, namely:

• Application: GRAALY mobile app
• GRAALY: company being formed GRAALY, whose registered office is located 29 chemin du Vieux Chêne, 38240 MEYLAN, FRANCE, represented by its founding partners, Valérie GONDRE and Eric MATHIEU,
• Personal Data: personal data, belonging to the User, and processed by the Application, as part of its use by the User;
• Enigma: question or set of questions, of a historical, geographical or cultural nature, in connection with the Site, to which the User must answer within the framework of a Course,
• Operator: the natural or legal person operating one or more Site (s) referenced on the Application;
• Object: virtual object, referenced on a Course, that the User is brought to collect.
• Course: interactive play path, allowing the visit of a Site in a fun way, by answering puzzles, discovering virtual objects, or any other form of game related to the Site,
• Partner: natural or legal person, public or private law, having collaborated in the creation of a Course, or whose establishment appears on the Course;
• Site: any place, public or private, referenced on the Application, within which a Course has been created, either by GRAALY or by a User
• User: natural person having downloaded and using the GRAALY mobile application
• User Contributor (or “Contributor”): natural or legal person who has created a Course, and the proposer to the publication, under the conditions provided for in these Terms;

Acceptance of the General Conditions

These terms and conditions (hereinafter UGC) are intended to define the conditions under which GRAALY allows Users to access the Application.

These Terms are accessible at any time on the Application.

The downloading of the Application and the opening of a personal account are subject to acceptance by the User, without limitation or reservation, of these Terms.

GRAALY reserves the right to complete or modify at any time these Terms which must, if necessary, be subject to further validation by the User.

3. Services

The purpose of the GRAALY Application is to enable its Users to live a unique experience of visiting a Site via interactive fun routes (“Routes”), created by GRAALY or by other Users.

The Application also allows the User to create, through his collaboration, Routes on any Site, whether or not already referenced in the Application.

This list of services is not exhaustive, it can be revised, supplemented or limited at any time by GRAALY, which the User recognizes expressly.

4. Access to the Application

To access the Application, the User must create a User Account.

To this end, he will communicate the following data: surname, first name, email address (identifier), postal code, country, spoken language, age and sex, as well as a photo. Mandatory data is mentioned with an asterisk.

In accordance with article 7-1 of the law of June 20, 2018, any registration of a minor of 15 years on the Application requires the authorization of his legal representative, who will be verified with him, or of the educational institution, if any.

The Application can fully operate only if the position of the User is known. Consequently, the User expressly agrees to activate the geolocation function of his mobile terminal each time he logs into the Application. GRAALY’s management and processing conditions for the various personal data of the User, collected during the use of the Application, are specified in the Privacy Policy.

The username and password are confidential and non-transferable, the User agrees not to communicate them to third parties and to ensure their confidentiality. The password can be modified online by the User in his personal space.

GRAALY can not be held responsible for any direct or indirect damage suffered by the User or by third parties, resulting from fraudulent access to the User’s personal space following the disclosure of his identification elements.

The User agrees to provide accurate and truthful information about his situation, as well as to regularly check the data concerning him, and to proceed online, on his personal space, if necessary to the necessary modifications.

5. Usage conditions of the Courses

5.1. Course sequence

When visiting a Site, the User is asked to answer different challenges or enigmas; or any other game related to the Site.

The user can progress from enigma to enigma until the end of the course, his answers being correct or not.

The User may also choose to confront other Users, and to view their score on Past Courses.

5.2. Points and rankings

For each successful Enigma, the User earns points, according to the scale set for each Course. Points are awarded to the End User.

These points allow him to unlock unresolved Enigmas or to obtain specific Objects, related to the Course.

A ranking is available on the App, by Course, and by User.

5.3. Partner Paths

Some Routes have been created with the collaboration of Partners, or are sponsored by Partners. As part of these Courses, the User is required to access and enter the Partner’s establishment, in order to find an Object or the answer to a Enigma.

The User is under no obligation to purchase the Partner’s products or services. Any Partner agrees to respond fairly to User requests, and to refrain from any aggressive commercial behavior towards them.

Reciprocally, the User is invited to respect the Partner’s establishment, refraining from any inappropriate or rude remarks about its products or services, and to behave in a courteous and respectful way towards customers and Partner’s staff.

Access to certain Partner Courses, called premium, will require a fee paid by the User.

5.4.Respect of the rights of third parties

The User must, while using the Routes, respect the intellectual property rights of third parties.

In particular, the User agrees

• i) Respect, if necessary, the private property rights on the Site: it is expressly stated that GRAALY does not check the routes created by “Contributors” Users. These Routes can be located on Sites, without the agreement or prior information of their owner has been collected. It is therefore the responsibility of each User to ensure, prior to the use of a “Contributor” Path, that it can be used on the Site, and that its owner is not opposed to it.
• ii) Respect the rules of use and visit the Sites, and / or adopt a behavior consistent with the type of Site visited, refraining from noisy behavior, aggressive, and any degradation of all or part of the Site buildings visit,
• (iii) Respect the intellectual property rights over all goods, works, or works of the mind, which may be protected by copyright, and located on the Course: in particular, it is recalled that any reproduction, distribution or the use of the image of a protected work for commercial purposes is subject to the authorization of its author; and that an unauthorized use constitutes an infringement within the meaning of Article L.331-1 of the French Code of Intellectual Property;
• iv) not to capture, record or broadcast the image of third parties, natural persons, without their prior authorization; unless the said third party is not recognizable, and whether it is a member of the User’s group, or an unknown third party,

5.5. Liability of the User

The User agrees, when using the Application, to respect the basic rules of safety on public roads, or in private spaces, including the rules of the Highway Code on reserved passageways pedestrians and vehicles, or the respect of traffic lights when crossing a lane.

GRAALY can not be held responsible for any accident caused to the User, which occurred during his use of the Application, which would be related to non-compliance with the rules provided for in articles 5.4 and 5.5 of these Terms.

5.6. Course Modification

The User acknowledges that, given the number of courses and the limited resources of GRAALY, it can not physically verify in real time and on site, that the components of the Course, and serving as a basis for the Enigmas, have have not been modified, altered or deleted since the course was posted online.

Therefore, GRAALY can not be held responsible for the disappearance of an element of a Course and the impossibility for the User to solve an Enigma or to finish a Course by answering all the Enigmas, because of the disappearance of one of its elements (material object, monument, artistic work), an inaccessibility of the Site or a change in its configuration.

In case of purchase of additional services, rendered useless because of one of the aforementioned events, GRAALY will reimburse the User for the amount of the service subscribed; this reimbursement being the sole and exclusive remedy of the User under this article.

5.7. Purchase of additional services

5.7.1. Conditions of purchase

The User may against payment, purchase various additional services provided for in these Terms and Conditions.

The User may, in particular, and without this list being exhaustive:

• use or integrate its own photos into the Enigmas, improve its Created Paths.
• to make a Private Course, namely usable by the only Users he has chosen.
• to unlock so-called premium courses, created by Partners or GRAALY
• Enable specific features for creating or customizing Courses;

The list of available Additional Services will be updated on the Application, GRAALY reserving the right to delete a Service at any time, without this deletion giving rise to compensation for the benefit of the User.

These purchases are made for the price indicated in the Application, and by credit card or Paypal.

They will be available immediately, subject to the waiver by the User of his right of withdrawal as indicated below. Some services however require a processing time, which will be indicated during the payment.

5.7.2. Waiver of the right of withdrawal

In accordance with Article L.221-18 of the French “Code de la Consommation”, ”  the consumer has a period of fourteen days to apply his right of withdrawal from a contract concluded at a distance, following a phone call or outside the establishment, without having to justify its decision or to bear other costs than those provided for in articles L. 221-23 to L. 221-25 .  “. This period begins to run from the day the distance contract is concluded, ie from the date of the order for the Services performed on the Site.

However, in accordance with Article L.221-28 13 °) of the same code:

”  The right of withdrawal does not apply to contracts for the supply of digital content that is not provided on a physical medium whose performance has begun after the express prior consent of the consumer and expressly waives his right of withdrawal.

Thus, in application of the aforementioned provisions, if the User wishes to immediately benefit from the service or the Object purchased, he must click on the box “ad hoc”, by which he declares to solicit the anticipated execution of the service, and expressly renounce to his right of withdrawal.

6. Course Creation

6.1. Publishing and Moderation of Courses

Any User may become a Contributor, and publish on the Route Application on one or more Sites. The User creates a Course by configuring the Enigmas that compose it, using the Graaly mobile application. Some specific features may require a purchase on the App.

The Contributor User may also, as part of a paid supplementary service, privatize his / her Journey, which will only be visible to Users chosen by the Contributor User.

If the Course concerns a Site already referenced on the Application, and used by a Course, its theme must be sufficiently different from that used by the Existing Course.

The quality of Contributor does not imply any approach or obligation, including financial, other than the publication of a Course on the Application, under the conditions provided for in this article.

The Contributing User undertakes to publish Courses directly related to the history or the artistic, environmental or patrimonial interest of the Site; and to verify its sources, so that the Courses contains verified and reliable information from a heritage, historical or artistic point of view.

The User is invited, at the time of publication, to specify if the Course is based on real or historical facts, or if it is a fiction. It also undertakes not to undermine the image, honor or reputation of public persons, past or existing, namely any person who has played a political, sporting, cultural or economic role, or occupying a function of this nature.

Since the Application is likely to be used by any public, including young people, the User is prohibited from posting any violent, hateful, pornographic content, or promoting alcohol, tobacco or products. narcotics; as well as in a general way any content likely to offend the sensitivity of the young public. The presence of this type of content in the itinerary proposed by the User may result in the immediate suspension of his account.

The Contributor acknowledges and agrees that his / her Course is moderated by GRAALY, that is, modified before publication or not published, at the sole discretion of GRAALY.

The Contributor User acknowledges and accepts that he is the sole author and responsible for the editorial content of the Course, its publication and its possible consequences.

Consequently, GRAALY does not guarantee the authenticity, the veracity or the quality of the Routes published on the Application, which the User recognizes expressly.

6.2. Guarantees and responsibilities of the Contributor User

The Contributor User declares and guarantees that he has all the rights, licenses, consents and authorizations necessary for the posting on the Site of his Routes.

The Contributor User declares and guarantees that he will not put on line any content on which third parties hold rights, and in particular but without exhaustiveness, intellectual property right, right to respect for private life, right to the image of property and persons, unless it has obtained, from the owner of the rights, express and formal authorization to use the content in question and to grant the rights specified above.

In particular, it is recalled that any use of the image of a “national domain” is strictly prohibited, pursuant to the provisions of article L.621-42 of the French Heritage Code.

In the event that GRAALY is sued by a third party on the basis of an action for infringement based on the publication on the Application of a content protected by an intellectual property right by a Contributor User, the latter will vouch for any convictions against GRAALY. The same guarantee applies in the event of a conviction based on the violation of the privacy of the private life, the right to the image or of any right of a third, in connection with a Course published on the Application, without prior moderation by GRAALY can exonerate the user of its responsibility.

In its capacity as host within the meaning of Article 6.IV of the French law of 21 June 2004 for confidence in the digital economy, GRAALY reserves the right to remove any content that is clearly illegal, whether or not it is the object of a request to remove a third party, and suspend the Contributor User Account and access to the Application without delay and without prior notice. 

More generally, GRAALY reserves the right to delete or modify any content that violates these Terms, without notice and in its sole discretion. In particular, GRAALY may, in case of damage to the image of a third party or property, blur or replace the image or the visual dispute.

In particular, without this list being exhaustive, any Content which constitutes an infringement of an intellectual property right is considered an unlawful content, is an apology for crimes against humanity, provocation for the commission of acts of and hate speech, incitement to racial hatred, hatred of persons on the grounds of their sex, sexual orientation or gender identity or disability, and child pornography, incitement to violence, including incitement to violence against women, as well as attacks on human dignity.

6.3. Intellectual property

6.3.1. Transfer of rights

The creation of a Route by a User is carried out via the Application, on the basis of technical criteria pre-established by GRAALY.

Despite these constraints, the Contributor User is likely to hold intellectual property rights on the Courses he has created, as long as they are sufficiently original or creative in the sense of copyright.

The Contributing User hereby assigns to GRAALY, exclusively, all the intellectual property rights which he holds, or may hold, on the Courses he has published on the Application.

This assignment includes:

• Reproduction rights, by any means and in any medium, known and unknown at the date hereof, in particular online, on the Application, or on any public website belonging to GRAALY, or any other material or immaterial communication medium for the purpose of testing or commercial promotion of the Application;
• Representation rights by any means, known and unknown at the time of signing, and in particular online, on the Application or the GRAALY website, or any other material or immaterial communication medium, for testing or promotion purposes commercial application;
• The rights of use and commercial exploitation of the Courses, in all forms, even if not foreseen or not foreseeable as of the date hereof, in particular by its commercial diffusion on the Application, and the diffusion of advertisements during the use of a Course,
• Modification rights, adaptation, translation, evolution, Courses,
• The rights of incorporation, in whole or in part, of the Courses to any existing or future works,
• The rights to rewrite the Courses in another computer language,
• Porting rights, on other hardware or adaptation to other operating systems than those used or known today,
• And in a general way, all the patrimonial prerogatives of the author on his creation.

This assignment is concluded for the whole world, and for the legal duration of the copyright on the Courses.

6.3.2. Paternity

The name of the Contributor User (or the nickname chosen by the User) will be systematically listed on the Published Path, unless otherwise requested by him.

 

7. Course evaluation

Each User may publish, on the Application, notices or comments on the Routes used.

The User declares and guarantees to have personally used the Course evaluated. GRAALY may, if necessary, verify this information with the geolocation data of the User.

The User undertakes to show moderation and objectivity in his evaluation, and accepts that it may be moderated by GRAALY or be the subject of a right of reply by the User Contributor, creator of the Course .

 

8. Liability of GRAALY

It is recalled that the Application is purely playful and does not constitute a source of reliable or objective information on the Website visited. The User is invited to do this by inquiring with the competent bodies (tourist offices, websites of site operators, heritage associations, etc.).

GRAALY assumes no editorial responsibility for the Courses, with the exception of those created and published under its name , and does not guarantee the accuracy, quality or relevance of the data published on the Contributing Courses, which it can not materially test or verify on Site, given its limited resources.

GRAALY can not be held responsible for any damage, accident, or injury, including bodily injury, caused to the User in connection with the use of the Application, and which would be linked to non-compliance with these Terms of Use of the Application.

GRAALY can not be held responsible for illegal content (within the meaning of article 6.2 of these Terms) that would have been published on the App and that would have escaped its moderation. Users are invited to notify any unlawful content or in violation of these Terms to the following address: notif@graaly.com

 

9. Quality and continuity of service

GRAALY undertakes to provide all the care and diligence necessary to ensure permanence, continuity and quality of service in accordance with the practices of the profession and the state of the art, and as such is bound by means.

GRAALY reserves the right to suspend access to the Application for any maintenance or improvement of the service.

Users hereby acknowledge that fluctuations in the bandwidth and hazards of the ISP, and networks of connected objects, interruption of service ordered by an administrative or jurisdictional authority may result in discontinuity in access to the Application, independent of the will and outside the control of GRAALY.

Given the free access to the Application for Users, no compensation can be requested to GRAALY in case of unavailability of the service, whatever the cause.

By way of derogation from the foregoing, and for Users who have subscribed to paid services, they may benefit from a commercial service discount in the event of unavailability of the Application, understood as failure to comply with the following levels of services :

• If the monthly availability percentage is less than 99.99%, a 10% discount will be given to the User on his next purchase,
• If the monthly availability percentage is less than 99.0%, a 30% discount will be granted to the User on his next purchase,

10. Applicable law

These general conditions of use are governed by French law.

Any dispute concerning the application, the validity, or the execution of the present General Conditions may be submitted, in case of failure of the friendly discussions, to the Mediator of the National Federation of Distance Selling (FEVAD). The request for mediation should be sent to the following address: FEVAD e-commerce Mediator, 60 rue la Boétie, 75008 Paris, or directly on the Ombudsman’s website: https://www.mediateurfevad.fr/