Terms and Conditions
“My LovelyPlanet” application
Date of last update:[03/13/2025]
GENERAL TERMS AND CONDITIONS
The present General Terms and Conditions (hereinafter referred to as “GTC”) are entered into between, on the one hand, IMAGINE, a French société par actions simplifiée with a capital of 1,500 euros whose registered office is located at Maison de la Technopole, 6 rue Léonard de Vinci, CS 20119, 53001 Laval, registered with the Laval Trade and Companies Register under number 893 691 758, contact e-mail address: support@mylovelyplanet.org (hereinafter referred to as “Imagine” or the “Company”) duly represented for the purposes hereof by its legal representative, and, on the other hand, a natural or legal person (hereinafter referred to as the “User”), who uses the mobile application My Lovely Planet available for download via the App Store and Play Store (the “Application”) and/or the website accessible at the URL https://www.mylovelyplanet.org/ (the “Website”, and together with the Application the “Platform”), and/or uses the Services offered there.
For more information about the Company, the User is encouraged to consult the legal notices (accessible via the Platform [and through the following link: [url]]).The User acknowledges (i) that these GTC, including the information required by law, have been communicated to them in a clear and comprehensible manner, on a durable medium, in an easily downloadable document, and (ii) that they are required to read them before using the Services as defined below.Imagine and the User are hereinafter individually referred to as a “Party” and together referred to as the “Parties”.
1.Definitions
In addition to those defined elsewhere in these GTC, capitalized terms, whether in singular or plural, have been defined down below.
Identifiers: means the combination of (i) User ID and (ii) personal password enabling access to the User Account and use of the Services within the limits of the rights granted to the User.
MiCA Regulation: refers to Regulation (EU) 2023/114 on crypto-asset markets of May 31, 2023.
My Lovely Coin or MLC: refers to a utility token that qualifies as other crypto-assets under the MiCA Regulation, recorded on the Polygon Blockchain, which a User can obtain in two ways: (i) by purchasing it with USDT issued by Tether on centralized or decentralized exchanges where MLC is listed, or (ii) by converting Diamonds, provided the User has previously purchased and staked a certain amount of MLC as displayed on the dedicated section of the Application via the Staking smart contract. Users cannot purchase MLC directly through the Application. Users have the option to create their self-hosted electronic wallet (non-custodial wallet) via the Application to view in real-time the amount of MLC they hold. The Company never holds the private keys allowing Users to access the content of these wallets.
Platform: refers to the Website accessible at the URL https://www.mylovelyplanet.org/ of the Company or its Application, through which Users can access the Services as well as their User Account.
Services: refers to all the services offered by Imagine to Users via the Platform, as defined in the section “Description of Services”. The Services are an integral part of the Platform.
Staking: refers to the mechanism that allows crypto-asset holders to lock their crypto-assets in a blockchain protocol in order to participate in securing the network and, in return, receive rewards.
User Account: refers to the User's personal account on the Platform, accessible by the User through the Platform using their Identifiers. User Accounts are an integral part of the Platform.
2.Pre-contractual information
The User acknowledges having been informed, prior to the conclusion of the GTC, in a readable and understandable manner, through the provision of these GTC and in accordance with the provisions of article L. 221-5 of the French Consumer Code:
- about the essential characteristics of the Services, considering the communication medium used and the Services concerned;
- about the Price of the Services and related expenses or, in the absence of payment of a Price, on any benefit provided instead of or in addition to the latter and on the nature of this benefit;
- about terms of payment, supply and performance of the contract;
- in the absence of immediate execution of the contract, about the date or deadline by which the Company commits to provide the Services;
- about the Company’s identity, postal and electronic contact details, as well as on its activities, if they are not obvious from the context,
- about the legal and contractual warranties and how to apply them (article 16 herein),
- about the possibility of resorting to conventional mediation in the event of a dispute;
- about the right of withdrawal (existence, conditions, deadline, procedures for exercising this right and standard withdrawal form, article 15 hereof),
- about termination and other important contractual terms and conditions and, where applicable, on the costs of using remote communication technology, the existence of codes of conduct and financial sureties and guarantees;
- about accepted payment methods.
The use of the Services on the Platform by a User constitutes a full and complete acceptance of these GTC and obligates the User to pay for the Services ordered, which is expressly recognized by the User, who renounces, among others, to the right to invoke any contradictory document, that would be unenforceable against the Company.
3.Object
The purpose of these GTC is to define the terms and conditions under which Users may access and use the Services offered by Imagine, including the mobile game My Lovely Planet (the “Game”).The Game allows its Users to have a positive impact on the real world through (i) the planting of trees by the Company and/or (ii) the completion of actions with a positive ecological impact, such as ocean cleaning or the protection of biodiversity and wildlife (the “Positive Actions”).The use of the Platform, its Services, and the Game is subject to the prior acceptance and full compliance with these GTC by the User.It is specified that these GTC are the only contractual documents binding on Imagine, to the exclusion of any other document (brochure, summary information document, video materials, presentation of the Services and the Game, etc.) which only have an indicative and non-contractual value, and to the exclusion of any other possible service, sales, or purchase conditions of the User, which cannot, under any circumstances, be binding on Imagine.However, the page available at the URL https://dashboard.mylovelyplanet.org/ is excluded from the scope of these GTC and is governed by specific terms of use.
4. Acceptance andenforceability of the GTC
Any User who accesses the Platform and uses the Services or the Game is required to review these GTC, which are accessible and downloadable at the time of creating a User Account, as well as directly within the Application and on the Website via the URL https://www.mylovelyplanet.org/terms-and-conditions, and must comply with their terms.
The User declares that they have read these GTC and accepted them before using the Services and, more specifically, before accessing and playing the Game. The GTC, as well as the content of these sections, may also be provided by the Company via email or postal mail upon simple request by the User to support@mylovelyplanet.org. These GTC are formally accepted by the User upon the creation of their User Account.
Imagine reserves the right to adapt or modify these GTC at any time and without prior notice. Any new version published online supersedes any previous version, including those printed or saved in digital or paper format by the User. The User is therefore encouraged to regularly review and familiarize themselves with these GTC. The applicable version of the GTC is the one accessible online during the visit and use of the Platform.
In any case, the User who has a User Account will be informed of the entry into force of new GTC by email at the email address provided during the creation of their User Account and is invited to review them. Logging into their User Account and/or using the Platform and/or the Services (even if it is just a simple visit) constitutes acceptance of the applicable GTC.
Also, for each Service used, the GTC in effect on the date of such use of the Service shall apply to the User. It is recommended that the User save the GTC in effect on the day of use of each Service, notwithstanding the archiving rules implemented by Imagine.
The User who does not wish to accept the new GTC has the option to terminate the GTC and delete their User Account, under the conditions set forth hereafter.
The User declares and acknowledges (i) being a natural person with full legal capacity, or if not, being at least 15 years old, or (ii) being between 13 and 15 years old and having obtained the consent of their legal representative, whose email address must be provided to the Company during the creation of their User Account.
The User further declares and acknowledges that if they wish to use the Services for creating a non-custodial wallet or Staking their MLC tokens, they must be at least 18 years old.
These GTC are concluded for an indefinite period.
The User acknowledges having reviewed the nature, purpose, and features of the Application and the Services, as well as the prerequisites necessary for their use, particularly the conditions related to the creation of a User Account. They acknowledge having requested and obtained all the desired information, including both quantitative and qualitative characteristics of the Services, enabling them to assess the suitability of the Services for their needs and to enter into the GTC with full knowledge of the facts.
The User is solely responsible for choosing to use the Platform and the Services, and as such, Imagine cannot be held liable in this regard.
5.Description of Services
5.1 Services available without creating a User Account
Certain pages of the Website and the Platform are accessible to any internet user. These pages aim to provide Users with information about Imagine’s activities, news (events, publications, etc.), as well as tutorials to guide them in using the Platform and the Services. The Platform also offers features and/or information that allow Users to contact Imagine.
However, certain pages of the Platform and the Website, as well as certain Services, are only accessible to Users who have previously created their User Account.
The Company also manages pages showcasing its activities and allowing it to publish content on social media and interact with internet users, notably on Facebook, Instagram, X (formerly Twitter), YouTube, Pinterest, LinkedIn, etc.
The Application allows any User to access the Game, which provides Users with a progressively difficult game journey based on a “Play to Save” mechanism. Imagine allows Users to have a positive impact on the real world through Positive Actions, i.e., (i) the planting of trees by the Company and/or (ii) the undertaking of actions with a positive ecological impact such as ocean cleaning or the protection of biodiversity and wildlife.
Thus, with each level achievement (i.e., each game completed successfully by a User), different game items are earned:
- the “Dewdrops”, which allow Users to have Positive Actions carried out by the Company in the real world – obtaining Dewdrops results from (i) the User’s progress in the Game, and (ii) their purchase in fiat currency directly within the Application;
- the “Coins”, which allow Users to accelerate their progress in the Game, and thus level up, by benefiting from bonuses in the form of Game items such as “hammers” to destroy “blocks” and simplify the puzzles – obtaining Coins is (i) free by successfully completing levels or (ii) paid in euros via credit card directly through the Application; and
- the “Diamonds”, which allow Users, once they hold a certain amount, to access online tournaments (the “Tournaments”) for free, with no risk of losing Diamonds by participating in said Tournaments, and to convert them into MLC, provided they meet the condition of having staked a certain amount of MLC as displayed in the dedicated section of the Application, as described herein – obtaining Diamonds is free in case of (i) completing levels, (ii) winning Tournaments or challenges, (iii) completing certain Engagement Actions, or (iv) through MLC Staking.
5.2 Services available subject to the creation of a UserAccount
The benefit and use of the Services described below require the creation of a User Account by the User, in particular in accordance with the provisions of the section “Creation of a User Account” of these GTC.
5.2.1 Access and use of a User Account
Upon accessing the Platform and after creating their User Account in accordance with the provisions of the section “Creation of a User Account”, the User gains access to said User Account.The User Account allows access to certain game features, including (i) saving data and loading it onto another device, (ii) creating a non-custodial wallet, and (iii) accessing the MLC Staking service.
5.2.2 Creation of a non-custodial wallet
The Company reserves the right to allow Users who have created a User Account to create their self-hosted electronic wallet (non-custodial wallet) via the Application.
This non-custodial wallet will allow Users to view their MLC balance in real-time.
For the record, it is specified that the Company will not hold the private cryptographic key of the non-custodial wallet created by a User on the Application. Therefore, the Company will not, under any circumstances, provide the service of holding digital assets on behalf of third parties as defined in Article L. 54-10-2 of the French Monetary and Financial Code, nor the service of custody and administration of crypto-assets on behalf of clients as defined in the MiCA Regulation.
The User will be solely responsible for maintaining the confidentiality of their private cryptographic key, which will be strictly personal to them, and agrees to take all necessary measures to ensure its complete confidentiality. The User will be solely responsible for the personal use of their private cryptographic key and shall hold Imagine harmless in this regard.
For the avoidance of doubt, the service activation date, if any, for the non-custodial wallet creation service remains at the sole discretion of the Company.
5.2.3 Staking of MLC
Users who have created a User Account have the option to stake their MLC for a period of 3 months (the “Duration”).
Throughout the Duration of the Staking, the User will receive rewards in Diamonds, calculated based on a rate determined at the start of the Duration (the “Rate”).
The Diamonds awarded as a reward for Staking can be collected at any time from a cauldron, the capacity of which is limited.
Any User has the option to increase the capacity of their cauldron in the dedicated section of the Application in exchange for fiat currency.
The Company reserves the right to modify the Rate at which Users can subscribe to the MLC Staking service, which the User understands and accepts.
In order to convert their Diamonds into MLC, the User must stake MLC with a minimum value determined at the start of the Duration. Access to the service for converting Diamonds into MLC will remain available to the User throughout the Duration, even if the value of the MLC decreases and falls below the minimum value necessary at the beginning of staking.
5.3 Provisions relating to the provision of digitalservices and content
The Services, which include digital content, are provided to the User via the Platform, making the ordered Services available or accessible, or through any appropriate means to access or download them, at any physical or virtual location chosen by the User.
The Services are provided in their up-to-date version at the date of their provision.
The ordered Services are typically delivered within a few seconds. This is an indicative timeframe and not a strict deadline, and Imagine cannot be held liable if this indicative timeframe is not met.
If the ordered Services have not been delivered by the scheduled date, the User may notify Imagine under the conditions set forth in Article L. 224-25-11 of the French Consumer Code (if these provisions apply to the User):
- the suspension of the payment of all or part of the price until Imagine performs its obligations, in accordance with Articles 1219 and 1220 of the French Civil Code; or
- the termination of the sale after having unsuccessfully given formal notice to Imagine to perform without undue delay or within an additional reasonable period expressly agreed upon by the Parties.
The contract shall be deemed terminated upon receipt by Imagine of the written notice informing it of such termination, unless performance has occurred in the meantime.
Termination may be immediate if Imagine refuses to perform, if it is obvious that it will be unable to deliver the ordered Services, or if the delivery deadline that was failed constituted an essential condition of the sale for the User.
In the event of termination of the sale, the amounts paid by the User shall be refunded no later than fourteen days following the date of termination of the contract, without prejudice to any potential award of damages in favor of the User.
5.4 Updates to Services and digitalcontent
Imagine undertakes to provide, at no cost to the User, updates for the delivered Services, which include digital content, as necessary to maintain their compliance.
The User will be clearly informed of each update within a reasonable time prior to its installation, as well as the consequences of not installing it, in accordance with the provisions of Article L. 224-25-25, I of the French Consumer Code.
In the event of the User’s refusal to install the updates necessary to maintain the compliance of the delivered Services, Imagine shall not be held responsible for any non-compliance resulting from the failure to update.
Any update not necessary to maintain the compliance of the Services must be approved by the User, who must be informed by Imagine, in a clear and precise manner, on a durable medium, about the proposed update and its effective date of implementation.
The User may refuse the installation of any update not necessary to maintain the compliance of the delivered Services or uninstall it.
In this case, the User may terminate the sales contract without charge within thirty days, unless Imagine offers to allow the User to retain the delivered Services without the update.
5.5 New Services
Imagine may expand its range of Services by listing new services on the Platform, whether these services are accessible to all Users or only through the User Account. These new services are considered an integral part of the Services as defined in the “Definitions” section of these GTC and will be governed by these GTC. Unless otherwise specified, the new services may be used by the User from the moment they become available on the Platform, subject to the prior creation of a User Account, when necessary.
5.6 Evolution of Service
Imagine may, at any time and without notice, evolve, improve, or adapt the Platform and the Services, and more generally the services or offerings provided, with the aim of enhancing, for example, the functionalities offered on the Platform or as part of the Services. This may include, in particular, the deployment of updates, new versions, new services or offerings, or the removal of existing Services.
In the event of the permanent removal of an existing Service, Imagine will make its best efforts to notify Users of this change with reasonable notice and provide alternative solutions (e.g., alternative operations, transfers to third-party services, etc.). In the event of the permanent removal of all Services, Imagine would proceed with the termination of these GTC under the terms and conditions provided in the “Repudiation - Termination” section.
Furthermore, Imagine may, at any time and without notice, supplement or modify the Platform, the content of the Platform, and the Services available thereon, particularly in response to technological advancements. The User must, where applicable, ensure that their IT resources are adapted to the changes in the Platform and the Services.
5.7 Assistance
Imagine provides the User with technical support to offer information or assistance to Users regarding the technical aspects and functionalities of the Platform and Services.
The User remains solely responsible for their choices, including the decision to use the Services. Technical support does not, in particular, handle requests regarding the appropriateness of using the Services and cannot provide any legal, tax, financial, or strategic advice of any kind.
This support is accessible via a dedicated email address: support@mylovelyplanet.org. Imagine will make its best efforts to respond to the User’s request in a timely and appropriate manner. However, Imagine makes no commitment regarding any response time, the relevance or completeness of the content of the response, nor the effectiveness of the response in resolving the User’s request or providing a solution.
Furthermore, Imagine does not provide any advice regarding the use of the Services. No information provided by Imagine should be interpreted as legal, tax, financial, strategic, communication, or any other type of advice.
6. Terms of use of the Platform and Services
6.1 Access to the Platform and Services
The User declares and acknowledges having the technical competence to use the Platform and Services and confirms that the IT configuration used for this purpose is in perfect working order. The User is solely responsible for the proper functioning of their IT equipment and their internet access.
All costs related to access to the Platform and Services, including hardware, software, or internet access fees, are exclusively borne by the User.
IMPORTANT. The User undertakes to use the features of the Platform, the Services, and all content accessible through them solely for purposes that comply with applicable regulations, these GTC, as well as public order, morality, and the rights of third parties. Imagine shall not be held liable for the User’s use of the Platform and Services, particularly in cases where such use contravenes the applicable provisions governing the User.
Furthermore, the User acknowledges that they are responsible for using the Platform and Services in good faith and must not harm (i) the brand image, reputation, or notoriety of Imagine, (ii) its partners, or (iii) any third party in any manner whatsoever, in accordance with Articles 226-8 to 226-9 of the French Criminal Code.
6.1 Link
Users may create links (including redirects) to the Platform. Under no circumstances shall such a link be deemed an implicit affiliation agreement. In any case, links redirecting to the Platform must be removed upon Imagine’s first request.
Imagine reserves the right to include links on the Platform that provide access to websites, webpages, or applications other than those of the Platform, as well as to redirect the User to other websites, web pages, or applications. Users are expressly informed that the websites, web pages, or applications they may access through these links do not belong to Imagine, which also reserves the right to remove such links from the Platform if, in particular, the linked site or application becomes contrary to applicable regulations or its values.
Imagine shall not be held liable for Users’ access to third-party websites or other online resources via links provided on the Platform, nor for the content or information made available by such third-party websites or resources as a result of activating said links.
Unless otherwise agreed between the Parties, the User is not authorized to use any expression that implies or suggests an official partnership with Imagine (such as “built with”, “developed with”, or “in partnership with”).
6.2 Availability of the Platform and Services
Imagine strives to provide a quality service and to allow the User to use the Platform and Services under the best possible conditions. In principle, the Platform and Services are available 24 hours a day, 7 days a week. However, Imagine is bound only by an obligation of means and not by an obligation of result. Therefore, it does not guarantee the availability, optimal functioning, speed, or permanent and continuous accessibility of the Platform or the Services.
Indeed, the User is informed and accepts that access to the Platform and/or Services may be delayed, altered, hindered, or interrupted due to, in particular:
- technical issues inherent to the internet, including, but not limited to, fluctuations in bandwidth, issues with Imagine’s internet service provider, its partner’s provider, and their own updates and technical issues, and/or those of a hosting provider;
- force majeure;
- use by the User of the Platform or Services that does not comply with the GTCs or with the details and indications that may appear on the Platform;
- an unavailability or issue regarding access to the telephone network, internet network, or any other network (computer network, telecommunications network, electronic communication network, etc.) by Imagine or by the User;
- an inability to access or difficulties encountered when accessing data hosted by third parties for reasons not attributable to the Company;
- an unavailability or issue regarding access to computer systems, applications, websites, or those of partners or others that Imagine may rely on for the provision of the Services;
- the unavailability or loss by the User of their Identifier to access their User Account;
- an unlawful, malicious, or inadvertent act (including actions by “cybercriminals” or “hackers”, logical breaches, or others such as viruses, malware programs, etc.), aimed at or resulting in damage to the computer systems, applications, Websites, or Platforms of the User, the Company, or its partners.
In addition, Imagine reserves the right to close access to all or part of the Platform and/or suspend the execution or provision of all or part of the Services in the event of the occurrence of any of the above-mentioned situations, or in the event of a threat or danger to its human resources (e.g., its staff members) or its technical resources of any nature whatsoever.
For scheduled maintenance operations, Imagine will make its best efforts to inform the User in advance. However, the Platform may be temporarily closed without prior notice or compensation, and access to or features of the Platform or Services may be limited, particularly for technical or operational interventions or other necessary actions to ensure their proper functioning (e.g., testing, maintenance, monitoring, troubleshooting, operational modifications or changes, updates, deployment of a new version, or any other operation deemed necessary by Imagine or accepted by the User).
Imagine’s liability cannot be engaged in the event of a failure or interruption of the Platform and/or Services resulting from any of the cases mentioned in this article “Availability of the Platform and Services”.
6.3 Technical conditions and preservation of the Platformand Service
To access and use the Platform, their User Account, and the Services, the User must have the appropriate telecommunications resources. It is the User’s responsibility to ensure that the hardware and software used are in proper working condition and do not pose any risks to the security and integrity of the Platform.
The User must ensure that their hardware and software are compatible with the technical requirements specified by the Platform to guarantee flawless access and use of the Services offered.
It is the User's responsibility to protect its devices, data, content and software against all forms of digital threats, such as viruses, malware and other forms of cyber-attack. The User must take all necessary precautions to prevent the introduction of such threats on the Platform.
The User commits to not compromise the normal operation of the Platform or the Services. This includes refraining from using devices or software that may interfere with the operations of the Platform or impose an inordinate load on its resources.
The User is prohibited from extracting or commercially exploiting information or data present on the Platform without explicit authorization. Crawling, scraping or any other unauthorized extraction method is strictly prohibited.
The content of the Platform may not be downloaded, copied, modified or exploited without the Company’s express consent. Fraudulent or unauthorized access to the Platform, to a User Account, or to any other part of the system, is strictly forbidden.
If the User inadvertently accesses a reserved space or information not intended for their use, they undertake to inform the Company immediately by the appropriate means of communication.
The User is solely responsible for any damage resulting from inappropriate use of the Platform, their User Account, or the Services. The Company reserves the right to take any necessary measures, including legal action, to prevent and punish any abuse.
Any breach of the obligations stipulated in this section shall be considered a serious breach of the GTC, which may result in the immediate termination of the User’s access to the Services and the Platform, without prior notice and to the User’s sole detriment.
The User undertakes to comply scrupulously with these conditions to ensure the security, performance and availability of the Platform and Services for all users.
6.4 Regulation for the use of the Services
When using the Platform or Services, the User must always act in compliance with applicable laws and regulations.
Furthermore, the User undertakes not to disrupt, negatively affect or prevent the use of the Platform or Services by any other user (whether a User or not).
The User is also prohibited from using or exploiting the Platform or Services to conduct or participate in money laundering, pyramid schemes or any other risky or illegal operations.
Furthermore, the copying, aspiration, extraction, etc. of data obtained or made available through the Platform and/or Services is prohibited.
Moreover, the User may under no circumstances use an API giving access to the Services in order to offer a service competing with Imagine.
Any breach by the User of the provisions of the present article constitutes a serious breach liable to result in the termination without notice of the GTC to the exclusive detriment of the User and the definitive prohibition for the User to access and use the Platform and the Services.
6.5 General principles applicable toServices
The Services are accessible to the User who possesses a User Account validated by Imagine and who has not been subject to, nor is currently subject to, any suspension, sanction, restriction, limitation, termination, closure, or deletion procedure.
The Services are exclusively intended for the personal use of the User.
The User is expressly prohibited – under penalty of legal action – from offering Imagine’s Services via API in order to develop a business that competes with that of Imagine.
Furthermore, Imagine reserves the right, in order to decide whether a Service can be executed by a User, to request the User to provide additional specific information and/or documents.
Furthermore, Imagine reserves the right, without prior notice and without the User being entitled to any compensation, to refuse the execution of a Service requested by a User, or to suspend a User’s access to the Services or to any specific Services, particularly in the event of a breach by the User of their obligations or commitments under these GTC, or if Imagine believes that there are sufficient elements suggesting that the User may be in breach of their obligations and commitments under these GTC, or for any other reason:
- in the event of detection of unusual or suspicious activities on the User’s User Account, or suspicion regarding the User’s identity;
- in the event of detection or reporting of unauthorized access to the User’s User Account;
- in the event of a request to that effect by a competent authority (such as a subpoena, court order, ongoing investigation, etc.);
- if the User fails to provide any additional information or documents requested by Imagine;
- in the event of inappropriate behavior and/or wrongful conduct by the User (such as insults, threats, violence, etc.).
These restrictions may be lifted by Imagine if it deems that the causes and reasons that led to their implementation no longer exist, possibly subject to the User providing any information and documents that may be requested by Imagine.
7. Terms of use of the User Account
7.1 Creation of a User Account
To create their User Account, the User must log in using Apple Connect, Google Play Games, or their email address.
Registration automatically results in the creation of a User Account in the User’s name, allowing them to access the Services using their login identifier and password.
In general, the User attests to the truthfulness and accuracy of the information provided during the creation of their User Account, and Imagine reserves the right to hold the User or any involved party responsible in the event that the information provided is false, inaccurate, or misleading.
7.1.1 Conditions for creating a User Account
A User Account may only be held by a natural person, and each person may hold only one User Account.
Any person wishing to open a User Account must (i) be a natural person with full legal capacity or, failing that, be at least 15 years old, or (ii) be between 13 and 15 years old and have obtained the consent of their legal representative, whose email address must be provided to the Company when creating the User Account.
As an exception, the use of the Services for creating a non-custodial wallet and Staking MLC is restricted to individuals aged 18 and over.
It is the User’s responsibility to ensure compliance with these conditions.
The content of the aforementioned section, as well as the eligibility conditions or restrictions for creating a User Account, may be modified at any time and without prior notice at Imagine’s sole discretion, notably but not exclusively to comply with legal or regulatory obligations.
Imagine shall not be held liable for any consequences arising from such restrictions (such as refusal to create a User Account, suspension, or even closure/deletion of the User’s Account), including new restrictions, related to the User’s country of residence, nationality, or country of registered office, or resulting from legal or regulatory obligations.
7.1.2 Prohibitions
The creation or opening of a User Account is prohibited for any User whose User Account has previously been closed by Imagine due to the termination of these Terms and Conditions for the User’s misconduct.
Each natural person may hold only one User Account.
The User requesting the creation of their User Account guarantees that their use of the Platform and Services will not expose Imagine to sanctions and that such use will not violate any applicable laws or regulations, particularly those relating to counter-terrorism, anti-corruption, or anti-money laundering.
The User also guarantees particularly:
- not to be subject to any prohibition on using the Services resulting, in particular, from legislative or regulatory provisions or from an administrative or judicial decision, for example;
- not to submit, upload or distribute any Content or data on the Platform without possessing the necessary rights or having obtained all the required authorizations;
- not to use a User Account that does not belong to them;
- not to develop a business in competition with Imagine, using the Services via API.
Any breach by the User of the stipulations of the present article "Creation of a User Account" constitutes a serious breach likely to result in the termination without notice of the GTC to the exclusive detriment of the User and the definitive prohibition for the User to access and use the Platform and the Services.
Furthermore, the Company reserves the right to refuse the creation of a User Account by a User who does not comply with or does not respect the terms and conditions set out in the present article “Creation of a User Account”, and more generally in these GTC, as well as to temporarily suspend or close/delete the User’s User Account under the conditions set out in the articles “Suspension of the User Account” and “Closure and deletion of the User Account” herein.
7.2 Confidentiality and security of Identifiers and UserAccount
The creation of a User Account requires the User to choose User Account connection Identifiers which are personal, unique (i.e., not used on other websites), and which will be necessary to access said User Account. To this end, the User will be asked to choose an identification or login (i.e., their e-mail address) and a password which must comply with the required format and characteristics as indicated on the online form requesting the creation of their User Account.
The User is solely responsible for maintaining the confidentiality of their Identifiers, which are strictly personal, and agrees to take all necessary measures to ensure this confidentiality, including regularly changing their password (i.e., at least every 6 months). Furthermore, the User is required to keep their Identifiers confidential and protect them from any access by or disclosure to third parties. The User is solely responsible for the personal use of their Identifiers and guarantees Imagine against any misuse.
The User’s Identifiers may be reinitialized at any time at the User’s initiative or at Imagine’s initiative, provided that the User is notified in advance (it being specified that in all cases, the reset must be carried out by the User themselves, even if initiated by Imagine).
In the event of password loss or theft, or in the case of unauthorized access to their User Account, the User will immediately notify Imagine by email at the following address: support@mylovelyplanet.org and follow any instructions provided by the Company, particularly to lock access to their User Account. The reopening of the User’s User Account following such a lock request will be subject to the provision of additional information and/or documents by the User to verify their identity and the legitimacy of their request for reopening. Imagine shall not be held liable in the event the User fails to provide the required information and/or documents.
The use of the User’s Identifiers to log into their User Account is deemed, between the Parties, as imputable to the User for any use of the Platform and Services made concurrently with their login to the User Account, as well as for any act or event related thereto.
The User is also informed that the connection or access to their User Account using their Identifiers constitutes, between the Parties, proof of the authentication and identification of the User, as well as proof of their identity.
Imagine makes its best efforts to ensure the security of access to the Services, including the User’s User Account, and to prevent unauthorized individuals from accessing it.
7.3 Suspension of the UserAccount
Without prejudice to the provisions set forth in the Repudiation - Termination section of these GTC, Imagine reserves the right to suspend access to the User’s User Account and to suspend, automatically and without prior notice, the provision of all or part of the Services, in the event of a violation by the User of their obligations or commitments under these GTC, or if Imagine deems that there are sufficient elements suggesting that the User may be in violation of their obligations and commitments under these GTC.
In addition, such a suspension may take place notably:-in the event of a breach of these GTC;-in the event of detection of unusual or suspicious activity on the User’s User Account, or suspicion of the User’s identity;-in the event of detection, suspicion or report of unauthorized access to the User’s User Account;-in the event of reasonable suspicion of use of the Platform and/or Services in connection with illegal or fraudulent activities;-in the event of a request to this effect by a competent authority (petition, court decision, decision or request by an administrative or judicial authority, ongoing investigation, etc.);-if the User fails to provide any additional information or documents requested by Imagine;-if the User provides and/or disseminates User Content or creates Generated Content that may be qualified as offensive, harmful, misleading, inaccurate, inappropriate, improper or constituting manifestly wrongful conduct on the part of the User (insults, threats, violence, etc.).
Suspension of the User Account implies the impossibility for the User to connect to it and/or to benefit from the Services / to use the Services requiring such a connection to the User Account.
To the extent possible (and notably, unless prohibited by a competent authority or applicable provisions), Imagine commits to informing the User of this suspension without delay and to providing the reasons for this suspension.
Except in cases where the User’s User Account is suspended at the request of a competent authority, Imagine will indicate to the User, by sending an e-mail to the e-mail address provided by the User in their User Account, a deadline within which the User will be required to remedy the causes of such suspension (for example, actions to be taken in the event of a breach by the User their obligations or commitments under these CGT, or provision of information and/or documents for analysis by Imagine of the situation, etc.). Unless otherwise indicated, this period is of 7 (seven) days.
Failure by the User to comply with Imagine’s requests within the timeframe communicated by Imagine will entitle Imagine to permanently close the User’s User Account for breach and to terminate these GTC in accordance with the “Repudiation – Termination” section of these GTC.
7.4 Closing and deleting the User Account
7.4.1 General principles
The User may request the closure and deletion of their User Account directly from their User Account.
The closure and deletion of the User Account will be effective within seven days from the User’s request.
The closure and deletion of the User Account by Imagine will, in any case, occur automatically within three years from the User’s last login to their User Account.
Furthermore, Imagine will proceed with the closure and deletion of the User’s User Account in the event of termination of the GTC.
In this regard, and unless otherwise stipulated in the GTC, the closure of the User Account implies the impossibility for the User to log in and/or to benefit from the Services that require such a connection to the User Account, as well as the deletion of said User Account.
It is further specified that it is the sole responsibility of the User to ensure the preservation and backup of the information and documents provided by Imagine or to Imagine, or more generally via the Platform and/or stored in the User Account, as Imagine does not provide preservation, backup, or third-party archiving services in this regard.
The closure and deletion of a User Account, regardless of the cause or initiator, will not result in any compensation of any kind for the User.
7.4.2 Specialsituations
If a transaction is in progress at the time of the closure of the User’s Account, Imagine reserves the right to cancel this transaction before deleting the User Account.
In the event of the User’s death, Imagine may proceed with the transfer of the User Account to the heirs upon a specific and express request from the heirs and upon presentation of the required documentation, subject to the payment of applicable fees for such transfer, the amount of which will be communicated in advance by Imagine.
8. Financial terms and conditions
The Services are provided free of charge.
However, Users may(i) purchase Dewdrops and Coins in euros via credit card directly on theApplication through Google Pay or Apple Pay, and (ii) purchase MLC in USDT oncentralized or decentralized exchanges where MLC is listed, and pay to increasethe size of the “cauldron” into which rewards related to MLC Staking aredeposited.
In the context ofthese purchases, the User acknowledges that they will need to accept the termsof use of the third-party providers involved, which will be directly applicableto them.
The price of theServices may be modified/revised at any time. In the event of a price update,the new prices will apply as of the effective date of the new rates.
The User isresponsible for ensuring that the payment methods used are valid and havesufficient funds to cover the cost of the service.
To proceed with thepurchase, the User must provide their billing information, including but notlimited to their full name, billing address, and payment information.
9. Respective obligations of theParties
9.1 Imagine’s obligations
Imagine is requiredto comply with the terms and conditions set forth in these GTC. Imagineprovides the User with the Services, including access to the Platform, and issubject to an obligation of means in this regard.
Specifically,Imagine strives to maintain accessibility to the Platform and the Services, asdefined in the article “Terms of use of the Platform and Services” of these GTC.
9.2 User’s obligations
The User is required to complywith the terms and conditions of these GTC. The User is solely responsible fortheir use of the Platform, their User Account, and the Services, as well as forthe actions and conduct of the individuals they have authorized to access theirUser Account.
The User hasensured that the Platform and the Services meet their needs, align with theirexpectations, and that they possess the necessary skills and knowledge,including technical expertise, as well as the required IT environment toproperly use the Platform and the Services.
The User isrequired to use the Platform and the Services in accordance with applicablelegal and regulatory provisions. The User may not use the Platform and/or theServices for illicit or illegal purposes, nor for any purposes other than thosefor which the Platform and the Services are made available to the User.
The User isresponsible for the Content on the Platform. In this regard, the User mustensure at all times compliance with applicable laws and regulations,particularly regarding intellectual and industrial property rights, as well asprivacy.
9.3 User prohibitions
The use of thePlatform’s Services for the following purposes is strictly prohibited:
- diverting the Game from its primarypurpose (i.e., a recreational and non-profit activity) – any use of theGame that does not comply with this prohibition will be sanctioned inaccordance with these GTC. For example, the use of “robots” or “bots” togenerate more Diamonds is strictly prohibited and will result in an immediateand permanent ban from accessing the Game and, more generally, the Services;
- using the Services to engage in orparticipate in any way in illegal or illicit activities, including but notlimited to fraud, terrorist financing, money laundering, corruption, or anyother offense or violation of laws and regulations;
- using the Services to send altered,misleading, or false information, including “spoofing” or “phishing”;
- impersonating a third party or entity,including any employee of the Company, or falsely stating or misrepresentingone’s affiliation with a person, organization, or entity;
- violating, misappropriating, or infringingintellectual property rights, privacy rights, image rights, or any other legalor moral rights of an individual or entity;
- using the Services to transmit, create,distribute, or promote any Content that is offensive, threatening, obscene,defamatory, insulting, inciting hatred or violence, or hostile toward anindividual or a group of individuals, as well as any other content that mayundermine human dignity or the honor of an individual or a group of individuals;
- using the Services in a manner thatexploits, harms, or attempts to exploit or harm minors in any way;
- use the Services to distribute Content of anerotic, pornographic, sexual, or adult entertainment nature;
- use the Services to distribute Contentrelated to goods, services, or locations subject to restrictions, including butnot limited to age restrictions, such as alcohol, tobacco, vaping products,psychoactive substances, firearms, gambling, sexual products, and prostitutionor dating services;
- use the Services to promote, sell, orrecommend financial investments of any kind;
- use the Services to distribute Contentthat includes conspiracy theories, propaganda, or data or information thatpromotes campaigns or activities of “misinformation” or “false information”;
- use the Services to promote, support, orcontribute in any way to activities related to terrorist or criminal organizations,or any other entity engaged in unlawful practices. This includes, but is notlimited to, Content aimed at glorifying, justifying, or supporting suchorganizations or their activities, or the use of the Services to communicate ordisseminate messages in their favor;
- use the Services to distribute Contentthat compromises, in any way, security, public order, or encourages illegal orunlawful activities;
- use the Services to send unsolicitedcommunications, promotions, or advertisements, including spam and robo-calls;
- use the Services in a manner that couldlead to or encourage death or serious bodily harm to any person or otherdamages.
10. Liability
Here is your text with missing spaces added and line breaks for clarity, with no word changes:
The User shall be liable for the obligations assigned to them under these GTC in accordance with the rules of French law.
Imagine’s commitment is exclusively limited to the provision of the Services in accordance with the provisions of these GTC and subject to all reservations, particularly in the case of Services provided by a partner of Imagine. Imagine is responsible solely in this regard.
In addition to the situations provided for in these GTC where Imagine’s liability cannot be engaged, the Parties agree that:
- Imagine’s liability for a failure to perform or a non-performance of its obligations under these GTC can only be engaged in the case of proven fault by Imagine. Furthermore, Imagine’s liability can only be engaged for direct damages suffered by the User as a result of Imagine’s failure to meet its obligations under these GTC.
Additionally, Imagine’s liability cannot be engaged for Content created by the User that may cause harm, whether to the User themselves, third parties, or Imagine, following the use of the Platform Services. Specifically, Imagine shall not be held liable for any claims, regardless of the cause, related to the content, accuracy, compliance, or relevance of the Content, or the violation of third-party rights by the Content.
Moreover, Imagine’s liability to the User, unless proven gross or intentional fault, is limited to direct and foreseeable damages at the time of using the Platform. It is agreed that, except for the User acting as a consumer under applicable legislation, any compensation to be awarded by Imagine to the User, for any cause of harm, shall not exceed the amount paid by the User on the Platform during the twelve months preceding the event giving rise to the liability.
The User agrees to use the Platform Services responsibly, particularly by ensuring the nature of the content they choose to generate and distribute, respecting intellectual property rights, and refraining from disseminating harmful or inappropriate content;
- the conversion rate between Diamonds and MLP displayed on the Application may vary between the moment the User becomes aware of it and the moment the conversion is executed by Imagine, which is not bound by said conversion rate, which the User understands – the User therefore releases Imagine from any liability in this regard;
- the User is solely responsible for the Content they produce or upload to the Platform;
- Imagine shall not be held liable for the removal of Content in the event that the Content violates these GTC;
- Imagine shall not be held liable for any damages suffered by the User due to non-performance of its obligations by Imagine resulting from a force majeure event or the actions of a third party (including another User or user);
- Imagine is not responsible in the event of abnormal use, including use that is not in accordance with these GTC, or fraudulent or unlawful use of the Platform or Services by the User;
- Imagine is not responsible for the operation (or malfunction) of the User’s computer equipment, nor for their access to the Internet or any network (computer network, telephone network, internet network, telecommunications or electronic communication network, etc.);
- Imagine is not responsible in the event of fault by the User or damage resulting from the User’s lack of diligence or vigilance, nor for any consequences or damages, of any nature, that may result from it, whether to a third party or another User;
- Imagine is not responsible in the event of the User forgetting or losing their Identifiers, leakage or theft of said Identifiers, cracking of said Identifiers by a third party, or other instances of hacking of the User’s Account or access methods to their User Account;
- Imagine is not responsible for data loss or delays that may result from an interruption or suspension of the Platform or Services, regardless of the duration;
- Imagine is not responsible for the User’s choices and decisions regarding the use of the Services. In this regard, Imagine is not liable for any damages suffered by the User as a result of using the Services;
- Imagine is not responsible for non-compliance with the legislation of the country in which the Services are accessible, it being specified that the Services comply with the applicable provisions in France. It is the User’s responsibility, as the sole party responsible for choosing the Services they use, to verify their compliance with the legislation of the country in which the Service is accessible and, more generally, with the legislation applicable to them;
- Imagine is not responsible for the procedures, including administrative and regulatory, applicable to the User;
- Generally, Imagine is not responsible for the malfunction or failure of third-party websites or third-party applications.
Imagine cannot be held responsible:
- For any temporary or permanent unavailability of access to all or part of the Platform or the Services offered there, any difficulty related to response time, and generally, any performance failure, as well as the consequences or damages of any kind that may result from it;
- For any interruptions or disruptions in the use of the Platform and the Services contained therein, whether voluntary or not, nor for the consequences or damages of any kind that may result from them or from changes or technical or functional developments of the Platform or the Services;
Including, for example (but not exclusively):
- Maintenance operations, updates, or technical adjustments;
- Telecommunications equipment failures or a failure of a network provider (computer network, telephone network, internet network, telecommunications or electronic communication network, etc.);
- And more generally, failures or interruptions (temporary/permanent, partial/total, etc.) of the Platform and/or the Services that would be related to any of the cases referred to in the section “Availability of the Platform and Services”;
As well as the consequences that may result from them.
Similarly, Imagine cannot be held responsible for the interception of information transmitted via the Internet or entered on the Platform, the presence of viruses, malicious codes, or any other harmful technologies or logical infections on the Platform, or any consequences or damages resulting from them.
Imagine cannot be held responsible for any consequences or damages, of any kind, arising from errors or omissions in the content published on the Platform or in responses to contact requests, nor for any delay in responding to such requests.
In order for Imagine’s liability to be engaged, if applicable, the User is required to notify Imagine of any request or breach related to its obligations under these GTC, without delay, from the moment the User becomes aware of it.
The provisions of this article “Liability” shall survive the termination of these GTC, regardless of the cause, until the completion of their specific purpose.
11. Repudiation - Termination
11.1 Repudiation
The User may terminate the GTC (i.e., end them) at any time and without notice, provided that they delete their User Account in accordance with the terms and conditions set out in the section “Closing and Deleting the User Account.”
Imagine is authorized to terminate and end these GTC, without the User being able to claim any prejudice as a result, under the following conditions and in accordance with the following procedures:
- In the event that a law, regulation, or decision by a competent authority makes it impossible to maintain all or part of the GTC (and therefore the Services) between the Parties, or if Imagine has reasons to believe that maintaining all or part of the GTC (and therefore the Services) is impossible as a result, and subject to a notice period of thirty (30) days, unless the law, regulation, or decision referred to in this article prohibits or does not allow Imagine to comply with such notice period. Furthermore, Imagine may, at its sole discretion, and subject to the aforementioned notice period, unless the conditions prevent compliance with such notice period, terminate part or all of the GTC (and therefore terminate part or all of the Services) in order to comply with all applicable laws, regulations, or decisions concerning the Services;
- In the event of a technical or security issue affecting the Platform and/or the provision of the Services, and subject to a notice period of thirty (30) days, or, if the conditions do not allow for such notice period, immediately without notice;
- For convenience, subject to a reasonable notice period of no less than thirty (30) days and no more than sixty (60) days.
Here is the text with only missing spaces added, no word changes, and line breaks for clarity:
Unless otherwise stipulated in this article, and unless prohibited by a law or regulatory or a decision by a competent authority, any termination initiated by Imagine shall be preceded by the sending of an email to the address provided by the User in their User Account, informing the User of the termination and the date on which the termination will take effect, in compliance with the deadlines and notice periods specified herein.
In the absence of an obligation for Imagine to respect a notice period, this email shall be sent concurrently with the termination.
11.2 Termination
The GTC may be terminated at Imagine’s initiative, without prejudice to any damages that may be claimed from the User, in the following cases:
- for breach by the User of any of their obligations or commitments under these GTC, particularly in the event of a breach of their obligations under the sections “Description of Services”, “Terms of Use of the Platform and Services”, “Terms of Use of the User Account”, "Financial Conditions”, and “Respective Obligations of the Parties”, seven (7) days after notification to the User of a formal notice to comply with their obligations and/or commitments that remains unsuccessful;
- if the User fails to comply with Imagine’s requests within the timeframe communicated by Imagine in the cases referred to in the section “Suspension of the User Account”, seven (7) days after notification to the User of a formal notice to comply that remains unsuccessful;
- in the event of a serious breach by the User that entitles Imagine to terminate the GTC without notice and without prior formal notice, it is specified that in such a case, Imagine may terminate these GTC by simply informing the User via email sent to the address provided by the User in their User Account or through a notification on the Platform.
In this regard, serious breaches by the User that entitle Imagine to terminate the GTC without notice include, but are not limited to:
- the fact that a User registers in the name of another person in order to circumvent a ban on creating a User Account;
- the fact that a User provides false, inaccurate, outdated, obsolete, illegal, or incomplete information (for example, information about their identity or contact details), or fails to update some of this information, or communicates false documents (e.g., a fake identity proof);
- the fact that a User refuses to accept the modified GTC by requesting the deletion of their User Account;
- the use of the Platform and/or Services, whether voluntarily or not, for illegal, unlawful, or fraudulent purposes or activities;
- the use of the Platform and/or Services, whether voluntarily or not, for the purpose of diverting the Game from its original non-profit, recreational function;
- the use of “robots” or “bots” to generate more Diamonds within the Game;
- the creation of multiple User Accounts by the same individual;
- the publication of Content that violates these GTC – for example, usernames containing statements that violate the prohibitions listed in Article 9.3 of these GTC;
- the User's failure to pay the amounts owed to Imagine (or to one of its partners);
- any other serious breach of these GTC or of applicable laws and regulations.
The formal notices referred to in this article are sent by Imagine via email to the address provided by the User in their User Account and/or by registered mail with acknowledgment of receipt, and they refer to this article.
Imagine will then inform the User, by the same means, of the effective termination of the GTC. In the absence of an obligation for Imagine to issue a prior formal notice to the User, an email will still be sent to the User to inform them of the termination of the GTC.
11.3 Consequences
In the event of termination or denunciation of these GTC in the context of this article “Repudiation – Termination”, Imagine will proceed with the closure and deletion of the User’s User Account in accordance with the stipulations of the article “Closing and deletion of the User Account” herein.
The Company shall have the right to refuse any future use of the Services by a User whose User Account has been closed due to a breach of their obligations under these GTC, which the User understands and accepts.
The clauses which by their nature or subject matter must survive the termination of the GTC shall survive and remain applicable after the termination of these GTC, until the end of their respective specific purpose, unless a specific duration is provided in the GTC.
12. Personal Data and Cookies
Personal data processing may be implemented through the Platform. The User is invited to click here https://www.mylovelyplanet.org/privacy-policy to access the “Personal Data Protection Policy” of Imagine.
13. Intellectual property and image rights
No intellectual property rights related to thePlatform and the Company are transferred or licensed to the User, includingregistered trademarks, logos, texts, visuals, sound elements, or musicappearing on the Platform.
By subscribing tothe Services, the User acknowledges that the content of any kind they publishon the Platform – including their username (the “Content”) – is sharedin a spirit of community exchange or contains testimonials regarding their useof the Services.
Therefore, the User agrees that the Company may:
- disseminate the Content and testimonials free of charge on the Platform and on any other French or foreign websites operated by any companies with which the Company has entered into agreements, by any means and on any medium, for the purpose of promoting the Platform;
- translate the Content and testimonials into all languages;
- modify (including framing, formatting, and colors) and/or adapt the Content and testimonials (particularly to meet the technical requirements of the Platform).
The User further authorizes the Company to use, free of charge, the image associated with the User’s Account as well as their name to promote the Services, by any means and on any medium, worldwide, for the entire duration of the subscription to the Services. Any User wishing to oppose this authorization may inform the Company by email at support@mylovelyplanet.org.
14 Proof Agreement
14.1 Computer traces
The User acknowledges that the Platform or tools implemented on the Platform, including within the User’s Account or in relation to the Services, ensure the traceability of certain actions and operations performed (notably the acceptance of the Terms and Conditions), as well as the delivery of certain notifications and certificates, particularly for security and proof purposes. These traceability procedures generate computer logs or event logs (hereinafter referred to as “Computer Traces”).
The User acknowledges that the Computer Traces generated by the Platform, as well as their possible reproduction on paper or electronic media, serve as proof of the use of the Platform, the User Account, and the Services, including proof of content publication, information input, information delivery, or consent/acceptance.
14.2 Electronic Writtings
The User expressly acknowledges that exchanges with the Company may take place by any means, in particular by electronic message to the e-mail address mentioned in the User Account or mentioned in the User’s correspondence, or by means of all documents and other electronic writings resulting from the use of the Services, in particular Computer Traces, and more generally resulting from the execution of these GTC, as well as those accepted or signed electronically (hereinafter the “Electronic Writings”).
The User acknowledges that Electronic Writings can be used as valid proof of a fact or the content of exchanges, and that in general any trace or any computer and/or electronic document emanating from Imagine, the Platform, the User Account or the use of the Services constitutes proof between the Parties.
The User also acknowledges that Electronic Writing:
- constitute original documents between the Parties;
- are proof between the Parties of the medium and content they represent;
- justify the consequences and operations that may result (for example, proof that an action – including an operation or acceptance for example – has been carried out via the Platform or the User Account by means of Computer Traces);
- are the dates and times associated with the Electronic Writing;
- are admissible as proof in any court of competent jurisdiction.
In any event, the User expressly waives the right to invoke the nullity, non-application, lack of probatory legal value or non-enforceability of Electronic Writings on the grounds that they originate from Imagine, the use of the Platform, the User Account, the Services or Computer Traces, or that they are in electronic form.
The User’s failure to manage delegations of authority may not be invoked against Imagine to defeat the legal value of the Electronic Writing.
15. No right of withdrawal
The purchase of Coins being made through Google Pay and Apple Pay, the terms and conditions of these two providers apply for any exercise of the right of withdrawal and refund.
16. Miscellaneous
16.1 Force majeure
The User and Imagine shall not be liable to each other inthe event of non-performance of their obligations under these GTC resultingfrom a case of force majeure as defined in article 1218 of the French CivilCode. By express agreement, all events usually recognized as force majeure bythe jurisprudence of French courts and tribunals, primarily by the FrenchSupreme Court (Cour de Cassation), are considered as force majeure. Thefollowing are considered as cases of force majeure, in a non-exhaustive manner:
- major breakdowns or malfunctions incomputing or data storage infrastructures;
- lack of energy supply, in particularpower cuts or failures affecting Imagine or its partners;
- disruption to private or publiccommunications networks, including total or partial shutdown of the Internet;
- magnetic fields;
- falling aircraft;
- acts of terrorism;
- war, riot, armed conflict, fire, explosion, internal or external strikes, lockout, occupation of Imagine premises;
- bad weather and climatic events (storms, hail, lightning, hurricanes, etc.);
- natural disasters, earthquakes, floods, water damage;
- pandemics or epidemics significantly affecting the staff of Imagine or its main partners, hampering their ability to provide services;
- governmental or regulatory decisions, including embargoes, sanctions or restrictions on access to critical technologies or information, which prevent Imagine from fulfilling its obligations;
- sudden and unforeseeable changes in regulations.
In such a case of force majeure, the obligations of the parties under these GTC will be suspended for the duration of the event. The parties undertake to make every effort to minimize the effects of force majeure and to resume normal performance of their obligations as soon as possible once the event has ended.
16.2 Non-waiver
The fact that one of the Parties tolerates a situation, for example the fact of not taking advantage of the application of certain stipulations of the GTC or of certain legal or regulatory provisions, whatever the frequency and duration, shall not constitute a modification of the GTC or have the effect of granting acquired rights to the other Party.
Furthermore, any such tolerance by one of the Parties, even if repeated, shall not constitute or be construed as a waiver by that Party of its right to assert or exercise the rights in question or to invoke any of the stipulations of these GTC.
16.3 Interpretation
In the event of difficulties of interpretation resulting from a contradiction between any of the headings appearing at the top of the articles and any of the articles, the headings will be declared non-existent.
16.4 Partial nullity
If one or more provisions of the GTC are held to be null and void, invalid, illegal or inapplicable or declared as such, in application of a law, regulation or following a final decision by a court or competent authority, the other provisions shall remain applicable and shall retain all their force and scope.
16.5 Independent co-contractors
The Parties acknowledge that they are each acting on their own behalf as independent Parties and as independent co-contractors, and these GTC shall not be interpreted in any other way.
16.6 Subcontracting
Imagine may, at its discretion, use subcontractors for the purposes of executing the GTC, and in particular for the provision of the Services, it being specified that Imagine shall remain liable to the User for the execution of the GTC in accordance with the terms and conditions of the GTC.
16.7 Transfer
The User’s User Account may not be assigned or transferred to a third party, and the User may not assign or transfer the GTC, or all or part of their rights and obligations under the GTC, to a third party.The User expressly accepts, in advance, that Imagine may assign or transfer to a third party the GTC or all or part of its rights and obligations under the GTC without prior notice or information to the User.
16.8 Calendar days
Unless otherwise specified, the times and durations indicated in these GTC are in calendar days.
18 Mediation and alternative dispute resolution
In accordance with the provisions of articles L. 612-1 and following of the French Consumer Code, any User who qualifies as a consumer under said Code has the right to access the services of a consumer mediator free of charge in order to seek an amicable resolution of a dispute with Imagine.
The organization designated by Imagine for this purpose is the Consumer Mediation Center of Justice Conciliators (Centre de la médiation et de la consommation de conciliateurs de justice CM2C).
To contact this organization, the User can:
- visit the website: https://www.cm2c.net
- send their complaint by mail to the address: 14, rue Saint Jean, 75017 Paris.
A dispute can only be examined by the consumer mediator if:
- the User demonstrates that they have attempted, beforehand, to resolve their dispute directly with Imagine through a written complaint expressly identified as such, detailing the reasons for the complaint as well as all useful information for Imagine to understand, investigate, and assess the causes, consequences, and impacts of this complaint, and sent by email;
- the request is not manifestly unfounded or abusive;
- the dispute has not been previously examined or is not being examined by another mediator or by a court;
- the User submits their request to the mediator within a maximum period of one year from the date of their written complaint to Imagine;
- the dispute falls within the jurisdiction of the mediator.
The User will be informed by the mediator about the follow-up regarding their mediation request.
Furthermore, the User is informed that in accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals in the European Union.
This platform can be accessed at the following link: https://webgate.ec.europa.eu/odr/
18. Language – Applicable law and jurisdiction
THIS PLATFORM IS GOVERNED BY FRENCH LAW. THE CONTENT OFFERED THEREFORE COMPLIES WITH CURRENT FRENCH LEGISLATION. THE WEBSITE EDITOR SHALL NOT BE HELD LIABLE IN THE EVENT OF NON-COMPLIANCE WITH THE LEGISLATION OF THE COUNTRY OF CONNECTION.
THESE GTC AND THE RELATIONSHIP BETWEEN IMAGINE AND THE USER SHALL ALSO BE GOVERNED BY THE LAWS OF FRANCE. THIS APPLIES TO BOTH SUBSTANTIVE AND FORMAL RULES, NOTWITHSTANDING THE PLACE OF PERFORMANCE OF SUBSTANTIAL OR ACCESSORY OBLIGATIONS.
IN THE EVENT OF ANY DISPUTE CONCERNING THE INTERPRETATION OR EXECUTION OF THESE TERMS AND CONDITIONS, THE PARTIES WILL USE THEIR BEST EFFORTS TO FIND AN AMICABLE SOLUTION. IN THE ABSENCE OF AMICABLE RESOLUTION, THE FRENCH COURTS SHALL HAVE SOLE JURISDICTION TO HEAR ANY DISPUTE ARISING FROM THE APPLICATION OF THESE GTC OR RESULTING DIRECTLY OR INDIRECTLY FROM THE USE OF THE PLATFORM.
THE REFERENCE LANGUAGE FOR THE SETTLEMENT OF ANY DISPUTES IS FRENCH.
THESE STIPULATIONS CONCERNING APPLICABLE LAW AND JURISDICTION ARE SUBJECT TO ANY MANDATORY PROVISIONS THAT MAY APPLY TO THE USER AS A CONSUMER WITHIN THE MEANING OF THE FRENCH CONSUMER CODE (IN PARTICULAR ARTICLE R. 631-3 OF THE FRENCH CONSUMER CODE).
BY WAY OF EXCEPTION, AND IN THE ABSENCE OF AMICABLE RESOLUTION OF A DISPUTE BETWEEN IMAGINE AND A COMMERCIAL USER WITHIN THE MEANING OF ARTICLE L. 121-1 OF THE FRENCH COMMERCIAL CODE, THE DISPUTES SHALL FALL WITHIN THE EXCLUSIVE JURISDICTION OF THE COURTS OF PARIS, NOTWITHSTANDING PLURALITY OF DEFENDANTS OR THE INTRODUCTION OF THIRD PARTIES, EVEN FOR EMERGENCY PROCEDURES OR FOR PROTECTIVE PROCEDURES, BY APPEAL OR BY PETITION.