Type of company: Société par Actions Simplifiée
RCS: Nanterre – 393 135 298
Headquarters: 22 avenue Galilée – 92350 Le Plessis-Robinson
CEO: Marie De Saint Salvy Telephone: 01 41 28 40 00
Publication director: Estelle Caminade Website Host: OVH
CS GROUP – France’s (“CS GROUP”, “We”, “Us” or “Our”) is providing you (“User”, ‘You”, “Your”) services through its websites (including without limitation:
www.feelgravity.com/fr/privacy/ , https://www.moonandgarden.com/) (the “Websites”) and its free mobile applications available through a mobile platform such as iOS or Android (the “App” or “Apps”) (collectively the “Services”).
1. Important Notices
These Terms apply to the Services, including any updates or supplements thereto. We may change or revise these Terms from time to time in its sole discretion, with or without notice to you. You are bound by any such revisions and should therefore periodically visit this page to review the then-current terms and conditions. Your access and use will be subject to the most current version of the Terms. Your use of the Services after such revised Terms are made available will signify your acceptance of such revised Terms and your agreement to be bound by them.
From time to time, updates to the App may be made available through a mobile platform such as the App Store and Google Play Store. Depending on the update you may not be able to use the App until you have installed the latest version.
You confirm that you are of legal age in your country to form a binding contract and hereby agree to be bound by these Terms. If you are an employee or other representative of a business or other entity and you are using the App in your representative capacity, then you hereby represent that you are authorized to use the App as a representative of the entity and agree to these Terms on behalf such entity.
2. Intellectual Property.
For the entire period during which content such as information, data, logo, photographs, graphs (collectively “Your Content”) is published on the APP, you grant to CS GROUP the non-exclusive worldwide rights, to reproduce, represent, exploit, exhibit, show, market, distribute and to technically modify and compress Your Content as is strictly necessary for the purposes of the use and operation of the APP.
By making Your Content accessible on the App, you agree to allow any viewers and/or users of the App to view your Content through the App, as accessible (online or offline) via any current or future device capable of distributing the App by any means of access, including but not restricted to computers, smartphones, tablets, TV devices, IPTV platforms and/or game consoles free-of-charge. We may use your photos to publish on social networks such as Facebook or Instagram.
Your Content shall always remain your property. Please note that due to the nature of the Internet and digital media, data transmitted – including Your Content – cannot be protected against risks of
misappropriation and/or piracy, for which CS GROUP shall not be liable. You are responsible for taking all appropriate steps to protect your data, where applicable.
We grant you a personal, non-exclusive, non-transferable and revocable right to access and use the App and the Websites, which is conditioned on your compliance with the Terms.
The material other than Your Content included on or accessible through the APP, such as text, graphics, logos, names, designations, button icons, features, functionalities, images, audio clips, information, data collected from the App, photographs, graphs, videos, typefaces, graphics, music, sounds, and any other material and software (the “CS GROUP Material”), is the exclusive property of CS GROUP and its licensors, and is protected by copyrights, trademarks, trade secrets, or other proprietary rights and subject to applicable laws and regulations.
CS GROUP Material may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any other purpose whatsoever without the prior written consent of CS GROUP or CS GROUP’s licensors. You agree to not use or exploit the CS GROUP Material in any manner inconsistent with any of the rights granted or restrictions set forth herein, including, without limitation, prohibitions on downloading, redistribution, alteration, deletion and deactivation of any content protection mechanisms. You are not allowed to modify, enhance, edit, translate, adapt, reverse engineer, decompile, disassemble or create derivative works based upon or otherwise alter in part or in full any CS GROUP Material.
All rights not expressly granted in the Terms are reserved to CS GROUP and its licensors.
3. Acceptable Use Policy (Restriction to the use of the APP)
Considering the user-driven nature of the App, you are responsible for your use of the App, your App account and/or Your Content. In this regard, you warrant as an essential condition that your use of the App and the Websites, your App account and/or Your Content, and any images, data and/or text which you may disseminate through the App:
- do not violate any applicable laws or regulations and/or display, incite, promote illegal activities.
- do not contain child pornography, sexual abuse or any type of sexually explicit content.
- do not infringe intellectual property rights of any third-party (including but not limited to sound, music, excerpts from any animated or non-animated television shows, short, medium-length and/or feature-length films, brand, logo, advertisement or any other material that you have not created yourself or for which you do not have the necessary clearances and permissions from third-party rights owners or copyright royalty collection organizations).
- do not violate:
- Human rights (including incitement to hatred on the basis of the origin, religion, sexual orientation, gender, gender identity or disability of an individual or group of individuals, denying the commission of any crimes against humanity or acts that violate human dignity).
- Individual rights (in particular by spreading defamatory, slanderous or offensive material in the form of threats, intimidation, bullying, harassment).
- Publicity and privacy rights (in particular impersonation of an individual or a legal person).
- Personal information rights.
do not support or promote:
- any organizations or individuals that proclaim a violent mission or are engaged in violence. This includes organizations or individuals involved in terrorism, organized hatred against other groups of individuals, human trafficking and organized criminality.
- the commission of violent extremist or terrorist acts.
- violence and all other dangerous activities.
- do not contain verifiably false or misleading information which:
- is created, presented and disseminated for economic gain or to intentionally deceive the public; and/or
- may cause public harm or is intended as threatening to democratic political and policymaking processes as well as to the public good such as to public health, to the environment or to the security of persons.
- are not spam or any other deceptive practices designed to abuse or mislead a Visitor (this includes excessively lengthy content, or content that forces unwanted and/or unsolicited actions, whether automated or manual, which falsely increase the number of views, impression or clicks associated with Your Content).
The Services are provided ‘as is’ and, to the extent permitted by applicable law, CS GROUP and its’ directors, officers, employees, agents, representatives, licensors, third party providers and affiliates, exclude all representations or warranties of any kind, express or implied including, but not limited to, implied warranties of merchantability, satisfactory quality, fitness for a particular purpose and non-infringement. Any reliance on or use of the Services shall be at your sole risk. CS GROUP shall not have any obligation to furnish any maintenance and/or support services with respect to the Services. We expressly disclaim any liability for loss or damage sustained by you as a result of the accessing and use of the App.
We make no representation or warranty as to the completeness, accuracy or currentness of information or content provided on the Services. Such information is also subject to change at any time without notice.
We do not warrant that the functions contained on the Services will be uninterrupted or error-free, that defects will be corrected or that the Services are free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of the Services. You agree to conduct your own due diligence to assess the accuracy, reliability and quality of all content provided by the Services. You agree that the content provided in the App is intended for general informational purposes only.
You (and not us) assume the entire cost of all necessary servicing, repair or correction in respect of your Device.
We reserve the right, temporarily or permanently, in whole or in part, to modify, suspend or discontinue the App without notice for any reason without liability to you, except where prohibited by applicable law.
In addition, you acknowledge that the Services are provided over the Internet and mobile networks and so the quality and availability of the Services may be affected by factors outside our reasonable control. Accordingly, we do not accept any responsibility for any connectivity issues that you may experience when using the Services. In addition, you acknowledge and agree that you (and not us) are responsible for obtaining and maintaining all telecommunications, broadband and computer hardware, equipment and services needed to access and use the App, and for paying any data charges that may be charged to you by your network provider in connection with Your use of the App. In the event you choose to share information from the App, you acknowledge and agree that you (and not us) are responsible for paying any related fees that may be charged to you by your network or telecommunications provider.
You agree that you use the Services at your own risk. You further understand and agree that we are not responsible or liable for your illegal, unauthorized, or improper use of information transmitted, monitored, stored or received using the Services.
To the fullest extent permitted under applicable law, in no event shall we be liable to you personally for any loss, injury or damages (including but not limited to any special, indirect, consequential or punitive damages, lost profits, lost revenues or other incidental damages) arising out of the use, inability to use, or the results of use of the Services.
To the extent permitted by applicable law, you agree to indemnify us for any claims, actions, demands, losses, liabilities, damages, costs and expenses (including legal expenses and other costs, such as attorneys’ fees) reasonably incurred by us that arise out of your use of the Services in breach of these Terms. We reserve the right to assume the exclusive defense and control of any claim brought by a third party in connection with your use of the Services and you agree to assist and co-operate with us in relation to any such claim.
We may discontinue, suspend or modify the Services at any time without notice and may block, terminate or suspend your access to the App at any time without notice for any reason in its sole discretion, even if access continues to be allowed to others. Upon termination, you must cease use of the Services and remove it from all applicable devices.
You acknowledge and agree that the Terms will continue to be enforceable for as long as you use the Services.
Any obligations which expressly or by their nature continue after termination, cancellation, or expiration of the Terms shall survive and remain in effect after such happening.
You agree that if one or more provision of the Terms is considered to be not enforceable as a result of the application of a Law, regulation, or the decision of a competent body having jurisdiction, it will be treated as not forming part of the Terms and all other provisions stated herein will remain in force.
You also acknowledge that if we do not take immediate action in the case you fail to comply with the Terms, this shall not mean that we are giving up on any rights that we may have, including but not limited to the right to take action in the future.
You agree that any dispute between you and CS GROUP arising out of or relating in any way to the Terms or Your use of the App or the Websites shall be interpreted in accordance with the laws of France, without reference to its conflicts of laws, and notwithstanding multiple defendants or third-party claims. You also agree that any claim or dispute between you and CS GROUP shall be decided by a court of competent jurisdiction located in Paris.
The Terms constitute the entire agreement between CS GROUP and you with respect to the Services and shall supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and CS GROUP with respect to the Services.
A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and record originally generated and maintained in printed form.
You agree that CS GROUP may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the APP and/or the Websites.
If one or more provision of the Terms is considered to be invalid as such or as a result of the application of a law, regulation, or the decision of a competent body having jurisdiction, it will be treated as not forming part of the Terms and all other conditions of the Terms will remain in force.
No waiver by CS GROUP or you of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
1. Information Collection and Use
CS GROUP collects information as described below. CS GROUP’s primary goals in collecting and using information is to create your account, provide Services to you, improve our Services, contact you, conduct research and create reports for internal use
2. The Websites
While you are browsing CS GROUP ‘s Websites, your computer’s operating system, Internet Protocol (IP) address, access times, browser type and language and referring Web site addresses may be logged automatically. We may use this information to monitor, develop and analyze your use of the Service. In addition, we may ask you to submit and we may process data that is personal to you, including but not limited to your name, profile photo, gender, age or birthday, links to your profiles on social networking websites and other third-party sites, usernames and e-mail addresses. We may use this information to create a user profile and provide you services.
3. iOS and Android Platforms When using mobile platforms,
we are collecting your name, email address and profile picture as they are mandatory for using forum and publishing photos to the community.
4. Log in
You can log in to our app using sign-in services such as Facebook Connect, Apple Sign-on or Google sign-in. These services will authenticate your identity and provide you the option to share certain personal information with us such as your name, email address, and resume to pre-populate our sign-up form. Services like Facebook connect give you the option to post information about your activities on this Website to your profile page to share with others within your network. If you want us to delete the data we receive from Facebook or Google about you, please contact us at firstname.lastname@example.org.
5. Customer Service
We may collect your email address when you contact our customer service group. If you no longer wish to receive certain email notifications you may opt-out at any time by following the unsubscribe link located at the bottom of each communication or by emailing us at email@example.com.
In-app purchases are managed through Google Play or Apple Store or any other mobile platform where the Apps are available. We do not control, manage or store information regarding your payments.
7. Mobile Analytics
We use Firebase Analytics to analyze data. We do not use personal information nor store this information.
8. Third Party Services
9. Ad Networks
We may feature advertising within our Service using Google Ad Mob. The advertisers may collect and use information about you, such as your Service session activity, device identifier, MAC address, IMEI and IP address. They may use this information to provide advertisements of interest to you. In addition, you may see our games advertised in other services. After clicking on one of these advertisements and installing our game, you will become a user of our Service. In order to verify the installs, a device identifier may be shared with the advertiser.
Cookies are files with a small amount of data that are commonly used as anonymous unique identifiers. These are sent to your browser from the websites that you visit and are stored on your device’s internal memory.
This Service does not use these “cookies” explicitly. However, the App may use third party code and libraries that use “cookies” to collect information and improve their services. You have the option to either accept or refuse these cookies and know when a cookie is being sent to your device. If you choose to refuse our cookies, you may not be able to use some portions of this Service.
11. Disclosure of Your information
CS GROUP does not share your personal information except as approved by you or as described below:
§ With your consent, for example, when you agree to our sharing your information with other third parties for their own marketing purposes subject to their separate privacy policies. If you no longer wish to allow us to share your information with third parties, please contact us at firstname.lastname@example.org. If you no longer wish to receive such communications from third parties, please contact that third party directly.
- CS GROUP may engage other companies and individuals to perform services on our behalf. Example of these services include analyzing data and providing customer support. These agents and service providers may have access to your personal information in connection with the performance of services for CS GROUP.
- We may release your information as permitted by law, such as to comply with a subpoena, or when we believe that release is appropriate to comply with the law; investigate fraud, respond to a government request, enforce or apply our rights; or protect the rights, property, or safety of us or our users, or others. This includes exchanging information with other companies and organizations for fraud protection.
- CS GROUP may share your information in connection with any merger, sale of our assets, or a financing or acquisition of all or a portion of our business to another company. You will be notified via email and/or notice on our site of any change in ownership or users of your personal information. We may share aggregate or anonymous information about you with advertisers, publishers, business partners, sponsors, and other third parties.
CS GROUP takes reasonable measures to protect your information from unauthorized access or against loss, misuse or alteration by third parties. Although we make good faith efforts to store the information collected on the Service in a secure operating environment that is not available to the public, we cannot guarantee the absolute security of that information during its transmission or its storage on our systems. Further, while we attempt to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party “hackers” from illegally obtaining access to this information. We do not warrant or represent that your information will be protected against, loss, misuse, or alteration by third parties. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security.
13. Access to Personal Information
If your personal information changes, or if you no longer desire our service, you may correct, update, or delete inaccuracies by making the change within your account settings or by contacting us at email@example.com. We will respond to your access request within 30 days.
14. Our Policy Regarding Children
We do not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to use our Service. If you are under 13, please do not send any information about yourself to us, including your name, address, telephone number, or email address. No one under
the age of 13 may provide any personal information. In the event that we learn that we have collected personal information from a child under age 13, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under the age of 13, please contact us at firstname.lastname@example.org.
15. Opting Out of Marketing
You may opt-out of receiving promotional emails from us by following the instructions in those emails by emailing us at email@example.com.
16. Contact Information
If you have any questions about this Policy, please contact us at firstname.lastname@example.org.