GENERAL TERMS AND CONDITIONS OF SALE
Below is an English translation of the French Terms of Sale,, drafted in a legal style suitable for general terms and conditions of sale. The structure and meaning have been preserved as closely as possible to the original. Please note that this translation is for informational purposes only, and in the event of any discrepancy, the original French version, accessible on the French section of the website, shall prevail.
Effective as of December 19, 2024
Preamble
The website “www.mrtroove.com” (hereinafter the “Site”) is a platform offering Users general knowledge Games presented in the form of Images, within which the User must identify artistic and/or cultural References in accordance with the Game Rules available on the Site.
It is published by TROOVE, a French simplified joint-stock company (SASU) with share capital of €10,000, registered with the GRASSE Trade and Companies Register under number 802 248 377.
The Site allows any User to purchase Premium Access published by TROOVE under the conditions set forth in the General Terms of Use available on the Site (hereinafter the “TOU”) and these General Terms and Conditions of Sale (hereinafter the “GTC”), and in accordance with the Game Rules.
By making a purchase on the Site, the User accepts without reservation these GTC and agrees to comply with them.
Article 1 – Purpose
These GTC define the terms under which TROOVE shall provide the User, who accepts, with access to Premium Access.
Article 2 – Definitions
“Image” means any illustration published on the Site, titled for example “10 films to find,” featuring several References in the form of characters, backgrounds, and other graphic elements.
“Game” means any content consisting of an Image, text, selection areas, and various notices and functionalities, published on the Site and intended to allow Users to play in accordance with the Game Rules.
“Premium Access” refers to a paid access providing the User with additional Games for strictly personal use, for the duration specified at the time of purchase, solely in digital format on the Site, and reserved for Users who purchase the Service.
“Reference” means an artistic work or cultural element of any kind (film, television series, etc.) graphically depicted within an Image.
“Game Rules” means all requirements enabling a User to participate in a Game.
“Site” means the website published by TROOVE, available at www.mrtroove.com, on which the Game is published and which provides access to the Service.
“Service” refers to the paid service granting access, via the Site, to Premium Access under the plan selected by the User, for strictly personal use.
“User” refers to an Internet user who has created an account on the Site, having met the conditions for accessing the Service, so as to access Premium Access.
Article 3 – Conditions for Placing an Order
By placing an order, the User represents that they are at least 18 years old or have the authorization of their legal guardian to accept these GTC.
Prior to finalizing the order, the User must create an account in accordance with the TOU, providing the necessary details for processing the order (username, valid email address).
To confirm the order, the User will be redirected to the Stripe payment service provider site to securely pay the price of Premium Access by credit card. The payment conditions of that provider will apply.
On the Stripe payment confirmation page, the User may choose either to confirm or cancel the order. Once the order is confirmed, it is deemed accepted, and the User can no longer cancel the related transaction.
As soon as the transaction has been conclusively completed, the Site will send the User an order confirmation by email.
Article 4 – Price and Payment Terms
Premium Access is billed to the User at the rate in effect on the date of the order.
The price may be changed at any time by TROOVE without notice.
The price is payable immediately.
The User acknowledges that providing their credit card information constitutes authorization to charge their bank account for the total amount of the order, including any applicable fees and VAT, in favor of TROOVE.
Once the order has been placed, a confirmation is sent to the User’s email address.
The User may expressly authorize TROOVE to retain the digital fingerprint of the banking details provided during the initial order, to enable secure processing of subsequent orders.
Article 5 – Limitation of TROOVE’s Liability
TROOVE shall not be held liable for any malfunction of links on the Site directing to third-party websites, nor for the content of such websites.
TROOVE shall not be held liable for any technical failure not attributable to it, particularly any arising from the inherent constraints and limitations of the Internet.
TROOVE reserves the right to insert or allow third parties to insert promotional or advertising messages on any page of the Site. Accordingly, TROOVE cannot be held liable for the content of such promotional or advertising material.
TROOVE shall not be held liable for any damage and/or harm arising from the use of a Facebook, Twitter, or Instagram account.
Moreover, the User is informed that the Site and/or the Service may experience bugs or temporary unavailability (outages, etc.). Subject to mandatory legal provisions, TROOVE shall not be held liable for such malfunctions or owe any refund or indemnity, including to Users who have subscribed to Premium Access. The User hereby expressly waives any claim in this regard.
Article 6 – Proof Agreement
The Parties intend to define the rules concerning evidence that shall be admissible between them in the event of a dispute and its probative force. The following provisions constitute the proof agreement between the Parties, who agree to abide by this Article.
The Parties accept that in the event of a dispute, the identification methods used within the Site, particularly the User’s account data, shall be admissible before the courts and serve as evidence of the data and facts they contain, including the signatures and identification procedures they represent.
The Parties accept that in the event of a dispute, connection data concerning actions carried out via their User accounts shall be admissible before the courts and serve as evidence of the data and facts they contain.
In these circumstances, the Parties acknowledge that agreeing to the GTC constitutes signature of said GTC.
The Parties accept that in the event of a dispute, any or all content emanating from their User accounts shall be presumed to be attributable to them.
The Parties agree to accept that in the event of a dispute, any documents transmitted, emails, acknowledgments of receipt exchanged, and, generally, any information or data relating to use of the Site shall be admissible before the courts and serve as evidence of the data and facts they contain.
Evidence to the contrary may be presented.
Article 7 – Intellectual Property – Use of the Service
Premium Access and all of its components are the exclusive property of TROOVE and are protected by national and international provisions on copyright and related rights.
Consequently, any reproduction and/or representation, in whole or in part, of Premium Access and/or its components, as well as resale, exchange, rental of the Premium Access digital rights, or their transfer to a third party, without the express authorization of TROOVE, is prohibited and may constitute infringement, exposing the offender to civil and/or criminal penalties.
Unless previously authorized in writing by TROOVE, it is forbidden to copy or download all or part of the Site or its content. However, Users are permitted to share hyperlinks to the Site for the sole purpose of promoting its content.
Only the authors, successors, heirs, and right-holders of the original works to which the References in the Images refer may report any use they deem to be an infringement of their rights by sending TROOVE a registered letter with acknowledgment of receipt to the address indicated at the beginning of these GTC.
Article 8 – Contact and Personal Data
For any requests regarding performance of the Agreement or any complaints, the User may send an email to contact@mrtroove.com.
TROOVE, whose identity is specified at the beginning of these GTC, agrees to comply with applicable regulations on personal data protection, including meeting all relevant CNIL filing requirements.
The information collected by TROOVE in connection with these GTC, particularly when purchasing the Service, is subject to automated processing intended to ensure the provision of the Service, in accordance with this clause.
The personal data collected are essential for the operation and provision of the Service. Consequently, the User is informed that such data may be disclosed to any subcontractors to whom TROOVE may resort in order to provide the Service.
The User releases TROOVE from all liability related to internal private disputes arising from use of the Service by other members of the household, whether minors or adults.
TROOVE agrees to use Users’ personal data solely for the purpose described above. When the User’s personal data is collected, the User authorizes TROOVE to use these data to notify them of new Games and to offer products marketed by TROOVE, either directly or through a partner. TROOVE agrees not to sell Users’ personal data to any third party for commercial purposes.
Such data is processed and stored by the Site’s hosting provider, OVH, as identified in the legal notices available on the Site.
In accordance with the French Data Protection Act (“Informatique et Libertés”), the User has a right to object to the processing of their data, for legitimate reasons, as well as a right to access, rectify, or delete any data relating to them, which they may exercise by writing to TROOVE at the address indicated at the beginning of these GTC or any other address subsequently notified.
Article 9 – Availability and Modification of the Site, the Service, and/or Premium Access
The Site is available 24 hours a day, 7 days a week, subject to the constraints and limitations of the Internet.
Accordingly, TROOVE shall not be held liable for any malfunction in accessing the Site, slow page loading or browsing speeds, or temporary or permanent unavailability of the Site caused by the Internet service itself.
All hardware and equipment, including computers, software, electronic communication means, Internet service providers, and any corresponding charges (telephone, Internet subscription, or any other fees) needed to access and/or use this Site, are at the sole expense of the Users. Users are thus advised to be informed of such costs, for which they bear sole responsibility.
TROOVE reserves the right to make any modifications to the Site, the Service, and/or Premium Access that may be necessary or desirable, notably due to changes in the technical aspects of its operation or in the applicable legal framework.
Moreover, the User is informed that the Site and/or Service may experience bugs or temporary outages (failures, etc.). Subject to mandatory legal provisions, TROOVE shall not be held liable for such malfunctions or owe any refund or indemnity, including to Users who have subscribed to Premium Access. The User hereby expressly waives any claim in this respect.
Article 10 – Right of Withdrawal
Due to the nature of the Service, namely intangible service deliveries provided exclusively online, where performance begins before the end of the 14-day withdrawal period with the User’s consent and after the User’s explicit waiver of the right of withdrawal, and pursuant to Article L.121-21-8 of the French Consumer Code, the User cannot exercise any right of withdrawal.
Article 11 – Closure of the User’s Account
TROOVE reserves the right to close the User’s account if the User fails to fulfill any of their obligations under these GTC.
Article 12 – Amendments to the GTC
TROOVE reserves the right to unilaterally amend these GTC in order to adapt to any legislative or regulatory changes or to any changes in the Site’s functionality.
Accordingly, the User agrees to read the GTC prior to each purchase.
Any amended version of the GTC becomes effective on the date it is published on the Site and will apply to any subsequent purchases.
Article 13 – Severability
If any provision of these GTC is deemed null, invalid, or unenforceable for any reason, this shall not affect the validity of the remaining clauses or of the GTC as a whole.
If TROOVE does not exercise any of the rights it holds under these GTC, such omission shall not be construed as a waiver of said rights, nor preclude the right to claim damages.
Article 14 – Governing Law and Jurisdiction
These General Terms and Conditions of Sale are governed by French law.
Any dispute relating to these GTC, including their interpretation, performance, or enforcement, shall be subject to the exclusive jurisdiction of the French courts.
