OWLIENT SARL, 28, rue de Chambéry, 75015 Paris, FRANCE (RCS 484 025 671) has designed, developed and runs an innovative and original game (hereafter referred to as "Game") which simulates the role of mother and nursery director and which is accessible via the URL www.babydow.com .
OWLIENT strongly recommends that Players under the age of 18 and their parents ensure that a parental control system provided by an Internet Service Provider is activated on their computer. A parental control system is a software device which allows parents to monitor or limit their child's access to the Internet by defining access rights to websites and online services such as discussion forums, chat sites and instant messaging services on the basis of their age, maturity and experience on the Internet.
Players are reminded that due to the lack of reliability of Internet networks generally, OWLIENT cannot guarantee uninterrupted access to the Game or its performance in terms of volume and data transfer speeds.
OWLIENT reminds Players of their obligation to respect third party rights, in particular in respect of trademarks, copyright, and privacy, as well as the legal and regulatory provisions that are applicable to the Internet.
Players should only apply the advice provided by OWLIENT in relation to the Game within the context of the Game. OWLIENT warns Players that the advice given (in particular in the help section) as to how to rear their baby and manage their nursery, is merely provided as a rough guide. In no way should the information and advice provided by OWLIENT be interpreted as applying to the rearing of a real baby, or the management of a real nursery.
OWLIENT does not guarantee any result of any sort by applying the information and advice provided by it.
The Player therefore agrees that OWLIENT shall not be liable for the Player's use of the information or advice provided in the framework of the Game, and accepts that the Player is the sole person controlling and managing the information and advice used, and responsible for using this information and advice.
Having knowledge of all the information required for use of the website and the Game, the Player wishes to register and participate in the Game, in line with the following terms.
Each of the terms used below has the following definitions:
- "Account": the personal account opened for the Player following the Player's registration, which the Player may access using their username and password.
- "Contents": All the elements (images, sound, text, graphics etc.) making up all or part of the Players' contributions and creations in the framework of the Game or put online in the framework of the discussion forums.
- "Game": the innovative and original baby raising and nursery management simulator designed, developed and run by OWLIENT under the registered name "Babydow". The game incorporates a number of elements (interface, software, images, text, graphics etc.) protected by intellectual property rights.
- "Hosting": information processing and storage services for the Game and Contents, carried out by OWLIENT and enabling the Game and its Contents to be accessible to any internet user and/or Player, directly or indirectly connected to the server.
- "Player": an individual who as registered with the Equideo Game by completing the online Form and accepting the Terms.
3. Purpose of terms
The Terms define the terms and conditions under which the Player may access the www.babydow.com website, and participate in the Game.
4. Acceptance of the terms
These Terms become binding upon Players when they register to use the www.babydow.com website and participate in the Game using the Form at which point the Player must expressly accept the Terms by ticking the box "I have read and accepted the provisions of the Terms in their entirety", at the bottom of the web page where the terms are displayed.
Registration and participation in the Game is also deemed to imply acceptance of any further modification of the organisation of the Game and the Terms as follows:
OWLIENT reserves the right to modify the Terms or the rules of the Game at any time.
Each new version of the present Terms will be displayed on the website www.babydow.com and the Player will be informed by e-mail, by notice posted on the discussion forum or on the home page of the website of any such new version of the Terms.
OWLIENT reserves the right to evolve its Game. Technical alterations may be made without notice by OWLIENT.
OWLIENT also reserves the right to withdraw the Game in whole or in part on not less than one month notice at any time without payment of compensation of any type save as provided in these Terms.
Registration shall permit a Player to use the www.babydow.com website and participate in the Game unless and until OWLIENT terminates the Player's right to do so as a consequence of any breach of the Terms by the Player. OWLIENT may also terminate a Player's right to use the www.babydow.com website and participate in the Game at any time on not less then one month prior written notice.
6. Free Participation in the game
Access to and participation in the Game is free, except for Passes which may be acquired under the conditions set out in paragraph 9. All Internet access and communication costs incurred for access to and playing the Game are the Player's responsibility.
7. Game registration terms
7.1 Persons who may participate
Anyone may register to access and participate in the Game regardless of their age. However minors may only register and participate in the Game if they have obtained the permission of their parents or guardians.
As OWLIENT is technically unable to verify the age of the Players, OWLIENT warns parents and guardians of the risks inherent to the participation in the Game, as well as the discussion forum which may be accessed through the www.babydow.com website. It is the responsibility of parents and guardians to make under age Players aware of these risks, and to implement an appropriate parental control system.
In its capacity as Contents host, OWLIENT shall use all possible means to delete any unlawful or unacceptable Contents which it is informed of, as soon as reasonably possible, in compliance with the provisions of article 6 of the Law for Confidence in the Digital Economy dated 21 June 2004.
7.2 One sole account per Player
Once a Form has been completed, an Account is allocated to the Player summarising their preferences.
OWLIENT reserves the right to temporarily suspend access to the Account or to certain functions of the Game without notice for maintenance purposes. The unavailability of the Game will not give rise to any right to compensation.
Each Player may only register once for the Game, and may only hold one Account.
It is strictly prohibited for one Player to register more than one Account, to use an Account opened by another Player, or to use the username of another Player in a fraudulent manner.
The opening of several Accounts by the same Player or the fraudulent use of another Player's Account or username may result in the closure of the Player's account, in the Player being prohibited from accessing the Game from any account.
7.3 Registration with the Game using the Form
It is possible to register with the Game 24 hours a day, 7 days a week, except in the event of unforeseen circumstances or events outside OWLIENT's control, and subject to any breakdowns or the need for maintenance required for the correct functioning and updates of the website and the Game.
The communication protocols used by OWLIENT are those used on the Internet at the date on which the present Terms are accepted by the Player, and any future protocols.
Registration, as well as use of the Game requires a computer with Internet access, as well as the software and plug-ins available on the Internet, in particular on their editors' websites.
In order to play, it is necessary to register by fully completing the Form available on the web page http://www.babydow.com/site/signUp or on any other registration page in the event that the site's structure is modified.
7.4 Choice of username
The Player selects a username and a password which will be requested each time the Player logs in to use the Game.
The Player undertakes that their username will not be unlawful, infringe any third party rights will not be racist, defamatory or contrary to good moral standards.
Equally, the names of the virtual babies selected by the Player must not be unlawful, infringe any third party rights, be racist,or defamatory , or contrary to good moral standards.
In selecting their username and the name of their virtual babies, Players must take care not to upset the sensibility of other Players, in particular younger Players. Not respecting this may result in exclusion from the Game and the removal of the Player's Account.
The Players are informed that OWLIENT may request their identity and contact details to be confirmed.
Any false declaration, in particular with the aim of usurping a third party's identity, may result in removal of the Account without any compensation of any sort.
7.5 Confirmation and management of usernames
Following submission of the Form, the Player will receive an email confirmation of their registration on the Game, which will confirm that the Player can access the www.babydow.com website and/or download the present Terms at any time.
The Player is requested to confirm their username and password: The Player may modify their password and the personal data provided at the time of registration of the Form if they so wish.
The Player is solely responsible for the ensuring that their password remains confidential and shall take all necessary steps to ensure their password remain confidential, in particular in order to prevent a third party from usurping their identity or account to play and/or participate in the discussion forum.
The Player authorises OWLIENT to publish, disclose and use their username in the framework of the Game, in particular for classification tables and results of competitions organised by OWLIENT.
7.6 Management and conservation of data related to registration
In using the Game the Player may provide OWLIENT with certain personal data. By providing such personal data and agreeing to these Terms the Player agrees to the use of their personal data in accordance with these Terms.
Given the characteristics of the Game, the inherent risks related to the Contents proposed by the Players, and therefore the requirement to be able to identify the authors, OWLIENT informs the Player that it will maintain copies of all such personal data for the entire period for which a Player's account is active and for a reasonable period thereafter.
The Player is informed that any personal data concerning them are required in order to access and use the Game.
With a Player's acceptance, expressed by ticking the boxes provided for this purpose, this information may be used for commercial and marketing purposes by OWLIENT or its sales partners.
Certain sales partners may be located outside the European Union in countries which do may not afford the same level of protection of Player's personal data as that in which Player provided his personal data. These partners have contractually undertaken to respect European data protection rules.
The Player may access any personal data regarding them, and modify or remove it, where applicable, as well as preventing its disclosure to third parties by contacting the webmaster at the following address: firstname.lastname@example.org.
8. Virtual Currency or Beads
At their registration, the Player is automatically credited with a certain sum of "virtual Beads", without any real value, which are not convertible, exchangeable or refundable, and may only be used within the framework of the Game.
The majority of the Game's functions are accessible for free using these "virtual Beads".
These "virtual Beads" enable the Player to acquire and sell equipment, food and clothing on a virtual basis, and participate in virtual activities etc.
Following their registration, the Player may take advantage of offers enabling them to credit their Account with virtual Beads.
In addition to virtual Beads, the Game offers Players the opportunity to purchase a "Pass", enabling:
- Access to specific functions detailed in the Terms,
- Additional rights, in particular in order to increase the ability of babies, develop the education or nursery more rapidly.
The "Pass" may be purchased by the Player by a number of methods, such as bank cards or premium rate SMS in the framework of a secure area dedicated to transactions.
If you are contracting as a consumer, provided that the Pass has not been used, a Player may cancel his purchase of a Pass at any time within seven working days, beginning on the day after you received the Pass. In this case you will receive a full refund of the price paid for the Pass in accordance with OWLIENT's refund policy set out below in this paragraph 9.
Players under the age of 18 may only purchase the "Pass" in the presence of their parents or guardians, who must ensure that the minors under their responsibility do not purchase the "Pass" without their express authorisation.
Except as set out above in this paragraph 9, no sums paid to purchase the "Pass" either by bank card or by premium SMS will be reimbursed, including in the event of fraudulent/unauthorised use of a bank card held by a third party, a parent, guardian, or an adult responsible for a Player under the age of 18.
Payments made by Players under the age of 18 will bind their parents where participation in the Game can be considered to constitute an act of every day life in the same way as an ordinary purchase.
Furthermore, except as set out above in this paragraph 9 no Player may claim any reimbursement of their Passes, in particular in the event of an error, intentional or accidental reinitialisation of the round, intentional or accidental deletion of a nursery.
Any Pass that is used/consumed within the framework of the Game in order to take advantage of a particular right or carry out a transaction, shall not be reimbursed.
The closure of an Account may result in the reimbursement of Passes that have not been used by the Player.
The reimbursement of unused Passes will be made by cheque made out to the Player, or, where the Player is under the age of 18, to their parent or guardian.
10. The player's specific obligations
The Player must provide a valid email address in order to access the Game.
The Player undertakes to respect the following when using the Game or participating in the discussion forum:
- Not to defame, abuse, harass, stalk or threaten any person, or infringe any other party's rights,
- Not to praise crimes against humanity, not to incite racial hatred or paedophilia,
- Not to create a false identity or usurp the identity of a third party,
- Not to transfer any viruses, Trojan horses, logic bombs, or any other damaging or destructive program,
- Not to disrupt the functioning of the www.babydow.com website,
- Not to reproduce all or part of a third party work without authorisation from the holders of the rights in such work,
- Not to reproduce and/or use a third party's trademark, corporate name, logo, or any other distinctive mark,
- Not to infringe the private life or image rights of any person who may be identified within the Contents,
- More generally not to transfer any elements which may infringe any intellectual property rights or third party rights, in particular trademarks, individual's rights or copyright.
11. Moderation of discussion forums
Discussion forums are accessible only to Players who have registered to use the site and hold a current Account.
Once registered, each Player is free to contribute to the various discussion forums under the conditions provided by the discussion forum user charter, available on the home page of the www.babydow.com website.
OWLIENT has chosen to moderate the Players' contributions after posting in order to ensure freedom of expression, while still implementing adequate and available means in terms of Internet in order to respect the laws in force.
The choice of moderation after posting also results from the practical impossibility of carrying out a general prior control on all contributions, due to the instantaneous nature and large number of contributions.
In this respect, moderation after posting cannot be carried out over all the contributions posted on the discussion forums.
The contributions are therefore immediately visible online. OWLIENT does not delete any contributions or select contributions in an arbitrary fashion without this being based purely on the necessity to respect the law.
The basis of the moderation after posting remains good sense and respecting the law.
Each Player must accept responsibility for their posts and ensure that basic legal and regulatory provisions are respected, in particular those referred to in the "The Player's specific obligations" section.
The Player is informed that any contribution may be deleted if it does not respect the legal and regulatory provisions, in particular those indicated in the "The Player's specific obligations" section.
OWLIENT will not modify any contributions in any minimal or substantial way.
The Players who participate in discussion forums who object to a contribution by another Player should y contact the moderator as detailed in each discussion forum.
12. OWLIENT's obligations
Each Player is reminded that in its capacity as Contents host and in compliance with French law, OWLIENT is required to:
- Hold and conserve all data which may enable the identification of any person who has contributed to the creation of Contents posted on its website and that legal authorities are entitled to require OWLIENT to share this information with them in certain circumstances,
- Remove content from the site or bar access to it as soon as OWLIENT has knowledge of its unlawful nature.
The Player is informed however that OWLIENT is not subject to the general obligation to monitor the information that it holds, and has no general obligation to search for facts or circumstances which may reveal illegal activity.
13. Suspension / exclusion
In the event that the Player does not respect the obligations provided in the Terms, OWLIENT reserves the right to suspend their access to the Game or to certain functions of the Game without notice.
Likewise, in the event that internet users inform it that the Player is using the Game or discussion forums in a way which may cause harm to a third party, or which may be against good moral standards, public order or legal and regulatory provisions referred to in the present Terms, OWLIENT reserves the right to suspend the Player's access to the Game, the Account and to the illegal contents in question. This suspension will not entitle the Player to any compensation.
Furthermore, OWLIENT reserves the right to exclude from participation in the Game any Player who upsets the correct running of the Game as well as any Player who does not fulfil all obligations of the present Terms.
Exclusion is definitive and does not entitle the Player to any compensation other than that provided for in paragraph 9.
OWLIENT reserves the right to commence proceedings against any Player who causes harm to OWLIENT through their breach of the Terms or otherwise.
The Player is the solely liable for the Contents they post in the framework of the Game of the discussion forums. OWLIENT will not accept any liability, in particular editorial liability.
The Player therefore agrees to indemnify and hold harmless OWLIENT in connection with any claim in respect of the Contents. Posted by him or her
In this respect, the Player undertakes in particular to pay any sums claimed from OWLIENT directly to the claimant, of the same and to voluntarily intervene if necessary in any proceedings commenced against OWLIENT, as well as to hold OWLIENT harmless against any sentences pronounced against it at this time.
15. Ownership of the contents
Each Player remains the sole owner of the Contents, creations, data, information and files communicated to OWLIENT in the framework of the Game.
The Player warrants that they hold all related rights in particular in relation to the Contents, and particularly to any creations (drawings, illustrations, photographs, text, musical compositions) required for the transfer of rights detailed below.
16. OWLIENT's intellectual property
OWLIENT remains owner of:
- The Game,
- The database, and in particular its structure, created and managed by it for the management of the Game,
- All information, elements of know-how, specification documents and more generally all elements for the creation of the Game and the website,
- The intellectual property rights over all elements for the creation of the Game and the website, irrespective of whether they are graphic or technical,
- Trademarks, patents, names, acronyms, logos, colours, graphics, or other signs which may be used, created or implemented by OWLIENT in the framework of the Game and the website.
The Player therefore undertakes not to reproduce the elements referred to in the paragraph above in any way, either directly or indirectly, and not to alter the trademarks, patents, names, acronyms, logos, colours, graphics, or other signs appearing on the elements provided by OWLIENT, and more generally to use or exploit these elements other than in the framework of the application of the present Terms.
The Player undertakes not to file any patent application for them or on behalf of a third party, which has been created and/or developed in the framework of the present Terms, and in particular incorporating one or more elements of the Game and the OWLIENT website.
OWLIENT reminds the Player that, in general:
- All text, photographs, videos, data, logos, images and other elements broadcast on the web pages of the Internet network are reserved and protected by intellectual property rights, such that only a private copy or use within a restricted family circle is authorised,
- Any other use constitutes infringement and/or breach of neighbouring rights, prohibited by the aforementioned Code and subject to proceedings before the courts with jurisdiction
- No work (text, photograph, video, data, logo, image or other work) may be reproduced, represented, translated or adapted in any form and on any media whatsoever, without the express authorisation of the author, their beneficiaries or assigns,
- Therefore, no Player has the right to reproduce, represent, broadcast, sell, modify, adapt, translate or contract out all or part of any elements reproduced on all or part of the website accessible at the URL www.babydow.com, subject to sanctions (suspension or removal of the Account) and where applicable proceedings before civil or criminal courts,
- No Player may use all or part of a work of which they are not the author (text, photographs, videos, data, logos, images or other) in the framework of the Game, without express authorisation from the author, its beneficiaries or assigns. This rule applies in particular in the event of competitions or invitations for contributions from Players.
17. Transfer of intellectual property rights
The Player accepts to transfer the following rights to OWLIENT as consideration for the provision of free "Passes":
- The right to reproduce and to represent the creations made in the framework of the Game (in particular in respect of "Arnica's workshop" and "Baby garments" mechanisms), as well as the right to grant other Players the right to use these creations in the exclusive framework of the Game, for the full period of the copyright, as is or may be provided by current or future legislation, worldwide,
- The right to make any alterations which are technically required to enable the rights to be exercised in other media and using different technical processes, in particular in order to convert the data into a digital format before being uploaded.
The Parties accept that the rights transferred will include the following:
- For the reproduction right: the right to create any number of reproductions all or part of the creations on any known or unknown, current or future media, in particular on any optical, digital, paper, disc, network, disk, electronic, DVD, CD, CDI, CD-ROM, Internet, Extranet, "i-mode", Wap, etc. this list not being exhaustive. OWLIENT reserves the right to reproduce all or part of the creations in order to use them for other games or electronic or audiovisual communications services,
- For the right to adapt: the right to adapt all or part of the creations, on any media indicated in the present article, and in any format of computer files, either known or unknown at the present time, the right to assemble them or integrate all or part of them in pre-existing or future works and on any media indicated in the present article. The right to adapt them also extends to the right to translate or modify the creations in whole or in part in any language, and the right to reproduce the resulting translations, on any media indicated in the present article,
- For the representation right: the right to broadcast all or part of the creations on any media, and using any method, known or unknown at present, and in particular by any telecommunications network, Internet, Intranet, Extranet, Wap etc, this list not being exhaustive, directly or indirectly, by any tele-broadcasting method, including by Hertzian, cable or satellite, in any format,
- Distribution right: the marketing for free or for value, including rental and the price of creations and their adaptation by any process and on any media, known or unknown at the present time, irrespective of the destination, for any public, without limitation, as well as the right to reassign to any third party, in whole or in part, in any format, and in particular by transfer, licence, or any type of contract, in any form, all or part of the rights transferred either on a temporary or definitive basis,
- The right to reassign to third party, in whole or in part, in any format, and in particular by transfer, licence, or any type of contract, in any form, all or part of the rights transferred either on a temporary or definitive basis,.
Any transfer of rights between the Player and OWLIENT required for the commercial use of the creations will be granted consideration in the form of providing the Player with free "Passes". OWLIENT undertakes to indicate the name of the Player, author of the creation, as well as the title of the creation, wherever possible on the basis of the technical conditions.
18. Proof, storage and archiving
Computerised registers stored in OWLIENT's computer systems under reasonable security conditions, will be considered as the proof of communications and the sending of Forms, comments, as well as the transmission of information between each Player and OWLIENT, enabling the latter to provide the treatment required by each Player.
The Forms are archived on a reliable and durable media in order to provide a reliable and durable copy, in line with article 1348 of the Civil code.
In the event of conflict between OWLIENT's computerised registers and any document on written media or the Player's electronic file, it is expressly agreed between the parties that OWLIENT's computerised registers will prevail over the Player's documents, and will be the sole documents accepted as proof.
The Player understands that they use the Game and the website at their own risk, and must take all steps to verify all necessary information, in particular prior to uploading or posting their contributions or creations, subject to their sole liability.
OWLIENT is not liable for the Contents, creations, or contributions posted or uploaded by the Players.
OWLIENT is not responsible for any difficulty encountered in the publication of Contents, creations or contributions posted or uploaded by the Players or, more generally, all disruptions in the Internet network which may affect the use of the Game, the website or the discussion forums.
The Player expressly accepts that given the information provided to the Player in the present Terms and the website, OWLIENT has complied with its advice and information obligations regarding the characteristics of the Game and the website, and the functionalities provided.
Although OWLIENT takes steps to protect information in its possession, the nature of the Internet is such that information may flow over networks without appropriate security measures and may be accessed and used by unauthorised persons. OWLIENT is not responsible for any possible misappropriation of passwords, PINs, and more generally any transfer personal data arising in connection with such flow.
OWLIENT is not liable for any poor functioning of the website and/or the Game for any specific Internet browser.
OWLIENT does not guarantee that the website and/or the Game will work permanently without interruptions, that it does not contain any computer errors of any sort, or that the defects noted are to be repaired.
OWLIENT is not liable if the data relating to the registration of a Player do not reach it for any reason for which it cannot be liable (for instance an Internet connection problem, for any reason, a momentary breakdown of its servers for any reason, etc.) or reach it in an illegible or unmanageable format (for instance, if the Player does not have the adequate computer hardware or software for their registration, etc.).
To the extent permitted by applicable laws, OWLIENT excludes its liability for any harm of any form (personal, physical, financial or other) which may result from the Player's participation in the Game, nor be required to compensate indirect damages such as financial loss, loss of profits, loss of brand image, loss of Contents, creations, contributions or data, and in particular any files which could result from difficulties related to their transmission, reception and publication.
Any action against the Player by a third party is assimilated to indirect damages, and therefore does not grant the Player any right to compensation. The Player provides personal information enabling access to the Game under their own responsibility.
20. Compulsory configuration - information on cookies
Blocking cookies through the browser's settings or firewall prevents the Game functioning normally.
Cookies are small files that Internet sites place on the computer's hard drive when the subscriber connects.
These files are harmless and do not contain any personal information regarding subscribers. Most cookies used by OWLIENT are session cookies, which are only active during the connection. Permanent cookies are only saved onto the subscriber's computer hard drive in order to identify the subscriber when they connect, in particular in order to enable them to exercise the rights and advantages acquired. Cookies are occasionally used to show advertising banners, and to obtain statistics on the number of visitors to the website and the most popular sections, in particular in order to improve the Game by adapting it to its subscribers.
The Player may not totally or partially transfer its registration either for free or for value. OWLIENT may transfer to any corporate entity of its choice all or part of the rights and obligations defined in the present Terms, subject to informing the Player of this transfer.
22. Events beyond the reasonable control of OWLIENT
Events beyond the reasonable control of OWLIENT will suspend the performance of the contract. If the events exist for a period longer than three months, the contract will be automatically terminated, unless otherwise agreed between the parties. Events beyond the reasonable control of OWLIENT will be defined as those situations normally considered by the case law of the French courts and tribunals.
23. Termination of relationship
OWLIENT may withdraw access from the Player to the Game at any time under the terms provided in the present document. The Player may also withdraw from the Game and request that their unused "Passes" be reimbursed as provided for under paragraph 9.
24. Consequences of the termination of relationship
In the event of termination of the contractual relationship for any reason, including in the event of the Player withdrawing from the Game, the following provisions of the present Terms will continue to apply and will retain their full force:
- Article "Transfer” of intellectual property rights",
- Article "OWLIENT's intellectual property",
- Article "Contents guarantees",
- Article "Liability",
- Article "Proof, storage and archiving".
OWLIENT may continue to use the Player's creations under the Terms provided herein.
Within the above limits, the present Terms will apply for the whole duration of protection of rights under the applicable law.
Each party undertakes not to disclose to any third party any information provided to them by the other party, as well as any information it may have knowledge of as a result of the performance of the present Terms.
26. General provisions
Neither of the parties may take any commitments of any type for the other party. Furthermore, each of the parties remains solely liable for its acts, allegations, commitments, services and personnel. In the event of difficulty in interpreting any of the headings of any of the clauses, the headings are agreed not to exist. Should one or more provisions of the present Terms be considered not to be valid or held invalid pursuant to the law or regulations, or a s a result of a definitive decision of a competent court, the other provisions will retain all their power and scope. The Terms are governed by French law.