The website « http://fr.massivestarquiz.com » (hereinafter referred to as the « Site ») is an interactive music and social website provided, as defined by Law No. 2004-575 of 21 June 2004 concerning confidence in the digital economy, by the MassiveBrainGames COMPANY http://www.massivebraingames.com/ (hereinafter referred to as the « COMPANY »).

The Site offers any user who has accepted these Terms and Conditions for Use an unlimited and free game for which the COMPANY holds the digital performance rights (hereinafter the «Media»), without giving the user having the ability to download these Medias, as the Site currently does not offer any function that enables the transfer of digital files reproducing the Medias from the COMPANY's central server to an information technology terminal (hereinafter «Downloading »).

Furthermore, the Site offers any user who has first registered (hereinafter the «Member ») the ability to access optional services as described below in clause I/2 of these Terms and Conditions for Use and in particular the ability to join a community space, via the creation of a personal profile, in order to communicate with the other Members.

It is expressly agreed that users who are not members of the Site and the Members shall, for the purposes of these Terms and Conditions, be jointly called the «User ».

The User declares that he or she recognises that access to the services offered by the Site is subject to the express and unreserved acceptance of the present Terms and Conditions for Use, which the COMPANY reserves the right to unilaterally modify at any time.

I. Description of the Services on the Site

1. Massive Online Playing service

The Site offers unlimited free playing of Medias as chosen by the Site, without the ability to Download these Medias. This service only allows the Medias to be used (listened or viewed) to within the User's household, and any use of the Site with a view to making the Medias available to the public apart from the User's personal use is expressly forbidden.

2. Optional service accessible to Members

2.1 Registration for optional services Access to the various optional services described below is available through the creation of a personal account using the form available online and designed for that purpose, which contains the following information: - screen name; - password; - valid email address; - gender; - country; - date of birth; - occupation; The Member declares that he is solely responsible for keeping his password confidential. Once the form is correctly filled in, a confirmation email will be sent by the COMPANY to the email address provided in the registration form. 2.2 Description of the optional services - Creation of a personal profile and access to the Members' Community

i) The « MY ACCOUNT » function makes it possible to create a personal profile in order to communicate with the Members of the Site. The Member hereby states that he is aware that his personal profile is accessible to all Members of the Site, and displays personal data (such as username, age, photograph, country of origin) automatically. Receiving newsletters about current news on the Site and/or offers from the COMPANY's partners is subject to prior and express acceptance by the Member by ticking the box provided for that purpose on his personal profile.

ii) The Member declares that he is solely responsible for the content of any text messages he puts online on the Site and therefore that the COMPANY, in its capacity as the host of the service discussed herein, as defined by the provisions of Law No. 2004-575 of 21 June 2004 concerning confidence in the digital economy, shall not be held liable for the content of any messages sent or put online by Members of the Site and over whom the COMPANY exercises no control or supervision.

The Member expressly undertakes, failing which he will be held criminally or civilly liable, to ensure that any messages he publishes on the Site shall not be of such a nature, and this is not an exhaustive list, as to in particular:
  • constitute an infringement of the intellectual property rights of third parties, since the Member undertakes not to reproduce or communicate online to the public any items protected by copyright, filed as a brand or in general protected by any other intellectual property right held by third parties, without the prior consent of the holder of the said property rights;
  • contain electronic viruses which may disrupt, destroy or alter the Site's functions;
  • argue in favour of crimes or contain illegal, threatening, paedophilic, pornographic, defamatory, obscene, hate, racist, anti-Semitic, xenophobic or revisionist messages or messages that are contrary to public order or public decency;
  • infringe the privacy or violate the dignity of third parties;
  • incite violence, fanaticism, crime, suicide or hatred due to religion, race, gender, sexual orientation or ethnicity;
  • harass other Members with whom the Member may come into contact during discussions in the different communication spaces of the site;
  • promote or encourage any criminal activity or undertaking;
  • solicit and/or disclose passwords and/or personal information for commercial or illegal purposes;
  • include advertisements and/or solicitations offering products and/or services for sale via the Site;
  • contain addresses or hypertext links directing to external sites the content of which is contrary to the current laws and regulations, which violate the rights of third parties or which are contrary to these Terms and Conditions.

iii) The Member hereby undertakes not to make automatic use of electronic systems such as scripts in order to send comments or messages.

iv) The Member declares that he is solely responsible for holding and keeping his password confidential and undertakes not to disclose his password to any other member at any time, nor use the account, username or password of another Member.

v) The Member hereby undertakes to notify the COMPANY, in accordance with the alert system described below, of any fraudulent use of the Site of which he becomes aware and in particular of any message of which the content contravenes the stipulations listed above or more generally the current laws and regulations.

vi) The Member recognises that if his use of the Site contravenes these Terms of use and more generally the current laws and regulations, the COMPANY reserves the right to immediately and without notice de-register him from the Site's services and/or block his access to the Site.

III. Collection and processing of personal data

i) Personal data collected on each Member is for the COMPANY's use.

This data shall be processed and used by the COMPANY in so far as required for the proper operation of the Site's services and is kept by the COMPANY as proof of the agreement. This data collected in accordance with these Terms and Conditions may not be disclosed by the COMPANY to third parties, except with the prior agreement of the Member.

ii) Parental authorisation is required to collect this data from any user wishing to register with the Site who is still a minor.

Therefore, the holder(s) of parental authority hereby agree(s) to guarantee that all the provisions of these Terms and Conditions are respected.

iii) In accordance with the provisions of Law No. 78-17 of 6 January 1978 on data processing, data files and individual liberties, as amended by Law No. 2004-801 of 6 August 2004, a declaration concerning the processing of information collected by the COMPANY was made to the Commission nationale de l'informatique et des libertés [National Commission on Information Technology and Liberties] (CNIL).

The Member has the right to access and correct his personal data. This right may be exercised at any time from his personal profile.

iv) In order to prevent personal information from being distorted, damaged or accessed by unauthorised third parties, the COMPANY hereby undertakes to do its utmost to guarantee the security of the personal information collected from Members.

IV. Technical measures for the protection of medias

i) The User declares that he is aware that the Medias made available to him from the Site are protected by technical protection measures implemented by the COMPANY in order to prevent or limit, in so far as possible given the technical constraints in this area and the technology available, all uses of the Medias not stipulated by these Terms and Conditions for Use.

ii) The User hereby undertakes not to use any technical measure which can circumvent the measures set up to prevent the Downloading of the Medias made available to the public online from the Site, the purpose of which is to enable digital files reproducing a Recording to be stored permanently in the storage unit of his receiving terminal, of whatever kind it may be (PC, mobile telephone, portable media player, etc.), in order to use individually the Media without any limit on the number of times they are used or the reproduction on any other format and/or receiving terminal (physical and/or digital).

V. The COMPANY's obligations and disclaimer of warranties

i) The COMPANY hereby warrants that it holds the authorisation required for the use of the Medias under these Terms and Conditions and in particular the right to broadcast the Medias to the public, without a Download capability.

ii) Should legal proceedings or action be taken against the COMPANY due to a breach by a User of his obligations in application of these Terms and Conditions and/or the current legislation and regulations, the COMPANY will be entitled to take proceedings against the User and may call upon the User to join proceedings as a third party.

Should a User be found guilty of a violation of the current legislation or of infringing the rights of third parties, the COMPANY reserves the right to supply, at the request of any legitimate authority (court or tribunal, administrative authority, police services) any information that will enable or facilitate the identification of the offending User.

iii) It is expressly agreed that the COMPANY may not be held liable for any fraudulent use of the Medias which may occur without its knowledge and in violation of these Terms of use and in particular for any illegal downloading of the Medias.

iv) The COMPANY reserves the right to insert or to authorise any third party to insert in all pages of the Site, advertising or promotional banners, and it shall not be held liable for the content of these advertising messages.

v) It is expressly agreed that the COMPANY may not in any case be held liable for disputes which may arise between the Members of the Site.

vi) The COMPANY may not be held liable for technical problems that arise independently of its service such as maintenance or network problems due to the Internet access provider which lead to a temporary disruption of the network, and the User also accepts the constraints and limitations of the Internet network, in particular with regard to the sending of information via networks and threats to data.

vii) The COMPANY shall not be held liable for the disruption of links on the Site and the content of other sites to which the links on the Site and/or that have been inserted by Members on their personal space connect.

VI. Procedure for alert and notification of abuse

Each User has the ability to inform the COMPANY of any message the content of which contravenes, in particular, the prohibitions listed above or which constitutes illicit content, by sending the aforesaid message to the COMPANY at the following address: contact@massivebraingames.com.

The User must in this case provide such information as will allow the individual or legal entity responsible for this content to be identified and the reasons why the content should be withdrawn from the Site.

Any person who considers that this User has violated one of his rights must inform the COMPANY (in accordance with article 6-1-5 of Law No. 2004-575 of 21 June 2004) by mail with acknowledgment of receipt, with all of the following information:

  • the date of notification;
  • the identity of the notifier: for an individual: family name, first name, date of birth, nationality, domicile and profession; for a legal entity: its form, COMPANY name, registered office and the body which legally represents it;
  • a description of the facts in dispute and their exact location;
  • the grounds on which the content should be withdrawn, including the applicable legal provisions and evidence of the facts;
  • a copy of the correspondence sent to the User who was the author of the content or the activities in dispute, asking that they be discontinued, withdrawn or modified, or evidence that it has not been possible to contact the user.

The User is hereby informed that the COMPANY has the option, in accordance with its obligations as the host as defined by the provisions of the Law concerning confidence in the digital economy, of withdrawing any information or content, or making access to it impossible, as soon as it becomes aware of its manifestly illegal nature.

VII. Intellectual Property

The general structure of the Site and all the other elements contained in it (such as, in particular, logos, domain name and items associated with the Medias, including photographs, images, texts and/or any other party with rights in or to the Medias, and the visuals of the packaging of the Medias) are the exclusive property of the COMPANY, or advance authorisation has been obtained to use them.

Any full or partial representation of the Site and/or of the elements contained in it, by any method whatsoever, without the express authorisation of the COMPANY, is hereby forbidden and constitutes infringement penalised by articles L.335-2 et seq. of the Intellectual Property Code.

VIII. Cookies

The User recognises that by accepting these Terms and Conditions he is authorising the COMPANY to install cookies on the hard disc of his computer in order to identify each of his connections and to provide each User with the functions best adapted to his needs.

The COMPANY gives the User the option of refusing the installation of cookies, and each User will therefore have the ability to modify the settings on his computer for this purpose. However, such modification is likely to alter the functions of the Site.

IX. Links to other sites

The Site includes hypertext links to third party sites, but the COMPANY may not be held liable on any grounds due to their content, and in particular advertisements, products, services and/or any other material available on and from these third party sites.

X. Modification of the Site's services

The COMPANY reserves the right to develop its services, in particular by providing new functions or by the modification and/or removal of functions currently available to the User from the Site.

XI. Suspension or closing of a user account on the COMPANY's initiative

The COMPANY reserves the right to permanently or temporarily de-register any Member or even definitively block all access to the Site by any User who contravenes the regulations set out in these Terms and Conditions for Use of the Site and the current legislation and regulations, and in who, in particular, engages in:

any act and/or attempt to bypass the technical protective measures for the Medias and/or attempts to illicitly use the information concerning Members available on the Site;

the supply of false information at the time of registration for the Site's services;

commercial use of the REMOTE PLAYER on personal pages and/or more generally any improper use of the Site's services and in particular any use contrary to the terms of use for the Site's « COMMUNITY » space;

XII. Applicable Law

These Terms and Conditions for Use are subject to French law.

Should any dispute arise, only the French courts in the jurisdiction of the Court of Appeal of Paris shall have the authority to resolve such disputes.