Terms of Use and Privacy Policy
Below is an English translation of the French Terms of Use, drafted in a legal style suitable for terms of use and privacy policies. 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 discrepancies, the original French version available on the French section of the website shall prevail.
Terms of Use and Privacy Policy Preamble
The website “www.mrtroove.com” (hereinafter referred to as the “Site”) is a platform offering Users general knowledge Games in the form of Images, in which the User must identify artistic and/or cultural References in accordance with the Game Rules available on the Site.
It is published by the company TROOVE, a French simplified joint-stock company (SASU) with a share capital of 10,000 euros, registered with the GRASSE Trade and Companies Register under number 802 248 377.
The Site allows any User to play the Games published by TROOVE under the conditions set forth in these Terms of Use (hereinafter the “TOU”) and in accordance with the Game Rules.
By registering on the Site, the User unreservedly accepts these TOU and agrees to comply with them.
Article 1 – Purpose
These TOU govern the access to and use of the website www.mrtroove.com, published by TROOVE.
They constitute the general principles governing access to and use of the Site.
Article 2 – Definitions
“Image” means any illustration published on the Site—identified, for example, by the title “10 films to find”—graphically portraying multiple References in the form of characters, sets, and other graphic elements.
“Game” means any content consisting of an Image, text, selection areas, and various notices and functionalities published on the Site, intended to allow Users to play in accordance with the Game Rules.
“Reference” means any artistic work or cultural element of any kind (film, television series, etc.) graphically represented in an Image.
“Game Rules” means all instructions allowing a User to participate in the Game.
“Site” means the website published by TROOVE, available at www.mrtroove.com, on which the Game is published.
“User” means an Internet user who has created an account on the Site.
Article 3 – Description of the Site
The Site allows Users to play, online, the Games published by TROOVE.
Each Game features an Image containing several References to be identified. The User becomes aware of the Game Rules upon their first participation in a Game.
Registration on the Site is free and optional.
The homepage of the Site is public and only provides access to a very limited number of Games. It is provided for demonstration purposes only.
If desired, the User may pay for a Premium Access that enables additional quizzes for a chosen duration, based on the applicable rate.
Participation in the Games does not entitle Users to any prize or other consideration.
The Site also includes a “Shop” page featuring related products that the User may purchase either via a partner’s website or in physical points of sale.
Article 4 – Creating an Account
A User who wishes to play the Games published on the Site may create an account.
Account creation is carried out on the Site using a preexisting Google or Facebook account belonging to the User, or any other registration method subsequently made available.
The User acknowledges that using a preexisting account is their own responsibility and that they therefore agree to the terms of use of such service (e.g., Google or Facebook) freely and with full understanding.
When registering, the User explicitly and unreservedly agrees to these TOU.
By creating an account, the User acknowledges that their score for each Game played will be recorded in the Site’s database and may be visible to their Facebook friends who have also created an account on the Site.
The User acknowledges that the Site may use their scores, name, Facebook profile picture, and Facebook friend list for various functionalities, including establishing friend leaderboards.
After a User finishes a Game, they may share their score on their Facebook profile and/or via other applications: to use this feature, the User must log in to their Facebook account(s) and/or other applications, in accordance with the respective terms of use of Facebook and/or those other applications.
The User may also “like” the Facebook page and/or follow the Instagram account at any time while browsing the Site, independently of any Game participation.
The User acknowledges that the use of the functionalities described in this Article 4 is their own responsibility and that they therefore agree to Facebook’s and Instagram’s terms of use freely and with full understanding.
Article 5 – User Obligations
The User agrees to provide TROOVE with accurate information for registration purposes. They agree to notify TROOVE of any subsequent changes to this information, including via their account or any other means made available. They are solely responsible for the use of their account and for their login credentials (username and password).
The User is free to choose whether or not to participate in the Games published on the Site.
The User agrees to include a hyperlink to the Game page of the Image each time they share an Image on another website or social network (Facebook, blogs, e-magazines, etc.), in accordance with Article 7 of these TOU.
The User agrees not to use the Site in a fraudulent and/or unlawful manner.
Article 6 – User Liability
The User bears sole responsibility for maintaining the confidentiality of their login credentials (username and password). Consequently, they are solely responsible for any voluntary, unintentional, or fraudulent disclosure of such credentials to a third party. If the User shares their password with a third party, TROOVE shall not be held liable for any reason whatsoever. Until their account is deleted, the User remains exclusively responsible for all use of their credentials.
The User bears sole responsibility for messages, content, and information they publish on the Site. TROOVE has no general monitoring or surveillance obligation.
The User expressly agrees not to post any content that, without limitation:
-
Violates third-party intellectual property rights;
-
Contains computer viruses that might affect the Site, for instance by interrupting, destroying, or altering its functionalities;
-
Glorifies criminal activity or includes illegal, threatening, or pedopornographic statements, or any that are defamatory, obscene, hateful, racist, anti-Semitic, xenophobic, revisionist, or contrary to public order and decency;
-
Violates the privacy or dignity of third parties;
-
Incites violence, crime, suicide, or hatred based on religion, race, sex, sexual orientation, or ethnicity.
Failing this, the User’s civil and/or criminal liability may be invoked.
If the User makes prohibited use of the Site, whether in violation of these TOU or of any laws or regulations in force, TROOVE reserves the right to immediately and without notice suspend or terminate the User’s account.
In such circumstances, TROOVE reserves the right, at the express request of any duly authorized authority, to transmit any information capable of identifying the offending User.
Article 7 – Limitation of TROOVE’s Liability
TROOVE shall not be held liable for any malfunctioning links on the Site leading to third-party websites, nor for the content of such third-party websites.
TROOVE shall not be held liable for any technical failure not attributable to it, particularly due to the constraints and limitations inherent to the Internet.
TROOVE reserves the right to include or to allow any third party to include promotional or advertising messages on all pages of the Site. Consequently, TROOVE shall not be held liable for any promotional or advertising content posted by third parties.
TROOVE shall not be held liable for any damage and/or harm resulting from the User’s use of a Google, Facebook, Instagram, or any other third-party account.
Moreover, the User acknowledges that the Site may experience bugs or temporary outages. Subject to mandatory legal provisions, TROOVE cannot be held liable for such malfunctions or be required to pay any indemnity. The User hereby expressly waives any claim in this respect.
Article 8 – Proof Agreement
The Parties intend to determine the rules concerning what evidence shall be admissible in the event of a dispute and its probative force. The following provisions therefore constitute the proof agreement between the Parties, who hereby agree to be bound by this Article.
The Parties agree that in the event of a dispute, the means of identification 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 any signatures and identification methods they represent.
The Parties agree that, in the event of a dispute, the connection data regarding actions taken from their User accounts shall be admissible before the courts and shall serve as proof of the data and facts they contain.
Accordingly, the Parties acknowledge that agreeing to these TOU constitutes signature of said TOU.
The Parties agree that, in the event of a dispute, any or all content arising from their User accounts shall be presumed to be attributable to them.
The Parties also 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 contained therein.
Evidence to the contrary may be presented.
Article 9 – Intellectual Property
The Site, and in particular all elements composing it, are the exclusive property of TROOVE and are protected by national and international provisions relating to copyright and related rights.
As a result, any reproduction and/or representation, whether in whole or in part, of the Site and/or its constituent elements, without the express authorization of TROOVE, is prohibited and may constitute infringement, exposing the offender to civil and/or criminal penalties.
Unless prior express authorization is given by TROOVE, copying or downloading any part of the Site or its content is prohibited. However, Users are allowed to share Games and hyperlinks to the Site solely for the purpose of promoting its content.
Only the authors, successors, heirs, and right-holders of the original works referenced in the Images may report to TROOVE any use they deem to be a violation of their rights, by sending a registered letter with acknowledgment of receipt to the address shown in the heading of these TOU.
Article 10 – Personal Data
TROOVE, whose precise identity is set out at the beginning of these TOU, agrees to comply with applicable regulations on personal data protection and to perform all necessary formalities, including those required by the CNIL (the French Data Protection Authority).
The information collected by TROOVE in connection with these TOU, particularly when the User creates an account, is subject to automated processing intended to ensure the Site’s operation and the provision of its services, in accordance with this clause.
The personal data collected are essential for the Site’s operation and management. The User is informed that such data may be disclosed to subcontractors engaged by TROOVE to manage the Site.
TROOVE agrees to use Users’ personal data solely for the purposes described above. When their personal data is collected, the User explicitly authorizes TROOVE to use this data to inform them about new Games and to propose products marketed by TROOVE, whether directly or through a partner. TROOVE agrees not to sell Users’ personal data to any third party for commercial purposes.
The data is processed and stored by the Site’s hosting provider, OVH, as identified in the Site’s legal notices.
Pursuant to the French Data Protection Act (“Informatique et Libertés”), the User has the right to object to the processing of their data, for legitimate reasons, and a right to access, rectify, or delete the data concerning them, which they can exercise by contacting TROOVE at the address mentioned at the beginning of these TOU or any other address subsequently notified.
Article 11 – Cookies
TROOVE may use “cookies,” which are files stored by the User’s browser on a dedicated space of their device (computer, tablet, smartphone, etc.) when viewing the Site.
Should cookies be used, the User will be informed of their purpose, storage duration, and the consequences of refusal via a pop-up notification, before any “cookie” is installed on the device.
By accepting these TOU, the User acknowledges having been duly informed that it is possible to configure their web browser to alert them to the presence of “cookies” and to allow them to refuse their installation.
Article 12 – Alert and Abuse Notification
Any User who becomes aware of fraudulent use of the Site shall report it to TROOVE by registered letter with acknowledgment of receipt, sent to the address indicated in the heading of these TOU.
To be taken into account, such notification must comply with the requirements of Article 6-I-5 of French Law No. 2004-575 of June 21, 2004, known as LCEN (Confidence in the Digital Economy), and must contain at least the following information:
-
The date of the notification;
-
If the notifier is a natural person: their full name, occupation, address, nationality, date and place of birth; if the notifier is a legal entity: its form, name, registered office, and the legal representative;
-
The name and address of the recipient or, if it is a legal entity, its name and registered office;
-
A description of the disputed facts and their precise location;
-
The legal grounds supporting the request for removal, including legal provisions and evidence;
-
A copy of the correspondence addressed to the author or publisher of the contentious information or activity, requesting its interruption, removal, or modification, or evidence that the author or publisher could not be contacted.
TROOVE agrees to remove any fraudulent content duly reported within 72 hours from the time of receipt of the valid notification. In the absence of a report, and given that TROOVE has no general obligation to monitor or supervise, no content will be taken down on TROOVE’s own initiative. Consequently, TROOVE cannot be held liable in the absence of any such notification.
Article 13 – Availability and Modification of the Site
The Site is available 24/7, within 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 attributable to the Internet service itself.
Hardware, equipment such as computers and software, electronic means of communication, and Internet access providers enabling access to and/or use of this Site are at the exclusive expense of the Users, as are electronic communication fees including telephone charges, Internet access fees, subscriptions, or any other charges necessary for using this Site. Users are thus advised to ensure they understand these costs and remain solely liable for them.
TROOVE reserves the right to make any necessary or desirable modifications to the Site, particularly if justified by changes in technical aspects of its operation or in applicable regulations.
For maintenance purposes, TROOVE may temporarily suspend access to the Site. Such unavailability, when part of the Site’s normal operation, shall not give rise to any claim of liability against TROOVE.
Article 14 – Deletion of a User Account
The User may, at any time and without notice, request to unsubscribe from the Site and to delete their account by writing to the following email address: contact@mrtroove.com.
Any such request for deletion will take effect as soon as reasonably practicable after receipt by TROOVE.
TROOVE undertakes to cease processing any personal data associated with the deleted account within 48 hours from the time of deletion.
Article 15 – Amendments to the TOU
TROOVE reserves the right to unilaterally amend these TOU in order to adapt to any changes in laws and regulations or in the Site’s functionality.
As a result, the User agrees to review these TOU regularly.
The amended TOU will take effect on the date they are posted on the Site; each amendment leads to a revised version available on the Site.
By continuing to use the Site and the User’s account after the posting of any amendments, the User is deemed to have accepted the latest version of the TOU.
Should the User refuse the amended TOU, the User agrees to delete their account and cease using the Site.
Article 16 – Severability
If any of the provisions of these TOU are held to be void, invalid, or unenforceable for any reason, this shall not affect the validity of the other provisions or of the TOU as a whole.
The failure of TROOVE to exercise or enforce any of its rights under these TOU shall not be deemed a waiver of such rights, nor preclude the possibility of claiming damages and interest.
Article 17 – Governing Law and Jurisdiction
These Terms of Use are governed by French law.
Any dispute relating to these TOU, including their interpretation, performance, or enforceability, shall fall under the exclusive jurisdiction of the French courts.