TERMS & CONDITIONS Smartmooz

PREAMBULE

The website www.smartmooz.com (hereinafter referred to as « Smartmooz »), offers to its Internet users a temporary access to multimedia services, Internet games, TV channels Or WebTv via subscription services. The website is edited by the company StelBrand, located at STELBRAND BUSINESS Ltd 55 Main Street, 1st Floor Bray CO. Wiclow, Ireland listed on the Irish commercial registry (587314). These General Conditions constitute the contract binding any Member registered on the Platform to Smartmooz; They shall prevail over any other conditions. Any order that an Internet user passes on the Platform, as well as any use of the Platform whatsoever, implies the full acceptance of these Terms & conditions. The Member therefore declares that it has the legal capacity to accept this agreement. As these Terms and Conditions are subject to change at any time and they are binding on the Member, he is advisable to consult them regularly and to print them out.

The Member agrees to receive emails from Smartmoozcommunications may be in the form of e-mails sent to the e-mail address provided at registration and include advertisements relating to his account (for example, payment authorizations, change of password or payment method, Confirmation e-mails and other information related to payment transactions). These communications are an integral part of the relationship with Smartmooz. The Member therefore agrees that any announcements, contracts, disclosures and other communications that Smartmooz sends electronically will fulfill any legal obligation, including when such communications are made in writing.

Article 1 – Definitions

Within the framework of these General Terms and Conditions, the following words and expressions shall have the meaning given to them by the definitions hereinafter developed:

« Catalogue »  : means the set of games for which Smartmooz holds the necessary rights and authorizations of the entitled parties for the purpose of making them available to the Member

« License » : means the right of access to services in consideration of the subscribed subscription. The License is granted by the Company to the Member for a period of thirty (30) days, renewable for thirty (30) days in the terms defined in the General Terms and Conditions.

« Member » ou « Subscriber » : means any natural person who approves these Terms of Use and who thereby accesses Smartmooz and subscribes to the Services by creating an account.

« Programs » : dmeans the cinematographic and / or audiovisual works of the WebTv service of Smartmooz.

« Download » : means the action enabling the Member to download games or programs and to keep them during the registration period.

« Terminal/Terminals » : means the computer station of a Member through which it accesses Smartmooz, whether it is a computer, a mobile telephone (including mobiles or tablets) or any other device which accesses Smartmooz.

« WebTV » : means the video-on-demand subscription service, enabling the Subscriber to have unrestricted access to the Programs for strictly private use, in streaming (downloading and streaming).

Article 2 – Purpose of the Platform

Smartmooz is a platform offering several subscription services:

- A service to download video games
En s'abonnant au service, le Membre bénéficie toutes les semaines d'un catalogue de jeux à télécharger proposés sur Smartmooz. Parallèlement au téléchargement du jeu, est octroyée au Membre une Licence d'utilisation temporaire sur le jeu. La livraison de la contrepartie étant réalisée par téléchargement, aucun support physique (CD,…) ne sera envoyé au Membre.

- A Webtv temporary access service
By subscribing to the service, the Member enjoys a weekly catalog of VOD content and online TV channels on Smartmooz. In addition to downloading VODs or viewing online TV channels, the Member is granted a Temporary Use License on the content. The delivery of the counterpart is done by downloading or by simple opening of web access, no physical medium (CD, ...) will be sent to the Member.

Article 3 – Requirements for accessing to the Platform

Computer and Computer Equipment : downloading and using the Video Games, and Video Content provided requires that the Customer has a working computer, mobile phone or tablet that meets the basic technical requirements.

Internet access : Every download or online viewing requires Internet access. The content, games to download or to view online represent a consistent format. It is therefore highly recommended to have an high connexion line.

Mobile Internet connection : The user must, before attempting to subscribe, purchase or download, ensure that he / she has a valid telephone subscription or credits to purchase the content and access To the mobile Internet (3G, 4G) subscribed to its mobile operator. ; The user must also ensure that he has set up his mobile phone in order to access the mobile Internet and that he is connected to the mobile Internet via the network of his Mobile Operator. Each download requires Internet access. The contents to download represent a consistent format. It is therefore highly recommended to have a broadband line.

Access to Services :

- Minimum configuration PC :
The Site does not work on operating systems other than the Microsoft Windows 2000 operating system or later. To access the Site, the User must have a PC or MAC type computer running Microsoft Windows 2000, Windows XP or Vista with at least :

  • An 800 megahertz (MHz) processor of Intel Pentium III or Advanced Micro Devices (AMD)
  • A RAM of 256 megabytes (MB) or more
  • A modem with a minimum bit rate of 28.8 kilobits (Kbps) per second
  • A 16-bit or more sound card and a video card with 32 MB of video RAM
  • Internet Explorer 9.0 (recommended)
  • Windows Media Player 10 or higher

- Minimum configuration MOBILE :
A tool is offered on the Site to verify the compatibility of your terminal, to connect you means that you have carried out this operation.

Account : The user is informed at the end of his registration process and receives by email after making his payment. The user can then, if he wishes to change the password automatically assigned at the time of registration, choose an identifier (his mail) and a confidential password, which will give the Member access to all services offered By Smartmooz. The Member shall refrain from choosing a shocking, offensive, contrary to good morals or non-compliance with the principles set out in this Regulation, failing which he may be exposed to the applicable penalties. To register for Smartmooz, the Participant must have access to the Internet and a valid e-mail address (Mail). Any person wishing to become a Member of Smartmooz undertakes to fill in the registration form submitted to him, fairly and by providing accurate information. For these different reasons, each Member remains responsible for its purchases, and Smartmooz can not be held responsible for any malfunction related to a compatibility problem between the Video Game, the downloaded content, and the Member's computer equipment.

Article 4 – Registration, subscription forms, invoicing and payment

4.1 – Legal capacity

Any Internet user who wishes to register for the service must have the legal capacity to contract and in particular to be of age. In such a case, Smartmooz cannot be held responsible for downloads made by Members who do not comply with this provision.

4.2 – Subscription

Access to the Platform is via a web page on which the Member can select his Content or directly via a web page dedicated to a game. The registration process requires the entry of his e-mail Then the choice of billing of its subscription (Bank Card etc ...)

Membership of Smartmooz is a subscription to one or more online entertainment products, using various recurring payment means. The subscription to the service can begin with a free trial, which is automatically extended every month unless and until you cancel it or we terminate it. You must have access to the Internet and provide us with an up-to-date, valid and accepted payment method to use the service. We will charge you the monthly subscription fee via your payment method. You must cancel your subscription before its monthly automatic renewal if you want to avoid billing for the next month's subscription fee.

4.3 – Prices and Conditions

Smartmooz is provided as part of a subscription allowing access to a multi-service platform for only € 43 per month.

Free Trial, 1€ : Your subscription to Smartmooz service can start with a free trial. The free trial period lasts for 30 minutes, 3 days or a week depending on the offer subscribed, unless otherwise stated at the time of registration. At the end of the trial period, this will lead to an automatic renewal of subscription which will allow you to access a multi-service platform for only €39,90/€40,00/€43,00 per month.

All inclusive offer € 43: Your all-inclusive service with Smartmooz for € 43.

You can cancel your trial period or subscription at any time. Restrictions may apply to cumulations with other offers. The tests are exclusively reserved for new and former users. Smartmooz reserves the right, in its sole discretion, to determine your eligibility for a test. Smartmooz will begin to charge the fee for the subscription to the Smartmooz service at the end of the trial period, unless you terminate your part before the end of the trial period.

End of the trial period : You will not receive any notice from us informing you of the end of your trial period or the beginning of the paid part of your subscription. Click the "Your Account" link at the bottom of any page on the Smartmooz website for instructions on terminating your subscription. We will continue to charge your subscription fees monthly via the chosen payment method, unless you terminate your subscription.

Welcome gift : Smartmooz may offer, depending on certain operations, a gift or welcome bonus for any subscription to the service. How to receive your welcome bonus: 1. After signing up, log on to www.Smartmooz.com and go to "My Account" to fill in your mailing address. 2. Play at least 10 games during your trial period. It does not matter whether it's the same game 10 times or different games, as long as you've played 10 times. 3. Do not cancel your trial period within the first 72 hours of your trial period.

4.4 – Invoicing

By activating its subscription to the Smartmooz service and by providing or indicating a method of payment, the Member authorizes Smartmooz to charge him / her the subscription fee at the rate in effect at that time, as well as any other fees Charge in relation to its use of the Smartmooz service, on the selected payment method. The Member acknowledges that the amount invoiced each month may vary from month to month for various reasons, for example because of a promotional offer, or as a result of a change or addition of a package, and the Member authorizes Smartmooz to invoice amounts Which may be invoiced monthly on one or more occasions.

4.5 – Désabonnement

To unsubscribe from the service, the Member is invited to follow the unsubscribe modalities set up directly in our customer service by going to the "My Account" section.

If necessary, any subscription can be canceled by sending an email to [email protected] and specifying in the header of message "Unsubscription Smartmooz".

4.6 – Payment Incidents

In the event of payment incidents, Smartmooz reserves the right to suspend the subscription and the account of the Member until the complete regularization of his situation. No reimbursement will be made in the event of partial use, non-use of the Service by the Member or removal of certain Contents by Smartmooz, the price of the Service resulting from a package and the addition of new Content compensating for the possible deletions of Old contents.

Article 5 – Rights and obligations of the Member

5.1 – Use of the Platform

Any Member of Smartmooz must use the service in person and for his / her personal account only. He must therefore make use of it strictly personal and private within the circle of family to the exclusion of any use, especially for professional, commercial or promotional purposes.

The Member assumes full responsibility for maintaining confidentiality of his identifiers (his mail) and his password, which are personal, confidential, and non-transferable. The Member is in no case authorized to transfer his account or his access rights to a third party, and is legally responsible for the use of his account, including in the case of the use of this account by a third party . It is therefore solely responsible for any connection to the service or transmission of data made using its account and which will be deemed to have been carried out by itself or under its responsibility. In the event that a dispute arises concerning the distribution of login and password to third parties, Smartmooz cannot be held responsible.

Smartmooz advises to :

  • Never give your password to anyone
  • Do not use the same password on other services or websites
  • Do not save your password when prompted by your browser
  • Avoid passwords easy to guess (names, surnames, nicknames, cities of residence, anniversary dates, phone numbers ...)
  • Do not "pre-register" your credentials

In the event of loss or theft of its identifier or password, the Member agrees to inform the Company by any means so that it immediately cancels the said username and password.

It is also the responsibility of the Member to provide accurate personal data when registering (the identifier or the mail that must be valid and accessible). The Member is aware and accepts the principle that any erroneous, invalid or misleading information provided by him at the time of registration or subsequently would be characteristic of an attempt to commit fraud and thus deprive him of his rights.

5.2 – Compliance with applicable laws

The Loyalty of the Member must be guided by a will to respect the laws in force. This loyalty implies in particular that the Member undertakes that the content of his messages, his publications, his communications with third parties or more generally his behavior does not affect :

  • The rights of third parties (in particular intellectual or industrial property rights such as trademarks, designs, models, patents, databases, know-how ...);
  • The laws and regulations in force in the country of residence or in the country where the message is intended to be received;

It is thus recalled that the Site, all the software, the presentations of information, the Contents, the names, the trade names, the brands of products or services, the inventions, and generally any creation accessible via the Platform Smartmooz, remain the exclusive property of their respective owners, namely Smartmooz in the first place as well as the publishers of Content made available or any other right holder concerned. All programs, contents, services and features are provided under license and give the Member only a right of use within the strict framework of his subscription. This License does not confer any title or right of ownership, which remain reserved. The License granted is strictly limited to a single download on the user's mobile phone or computer.

Under this license, the Member is not authorized to copy, copy, reproduce, translate, extract source code, modify, disassemble, decompile, create derivative works based on programs, content, games , Services or features, or remove any identification from the owner's name without prior written permission. The use of Smartmooz is only authorized for personal use and does not allow :

  • Sell, transfer reproductions, rent or give the Contents, programs, games, services or features.
  • Publish, online or otherwise, or distribute any Content, image, sound, file, graphic, clip art, animation, database or other content contained in programs, games, services or features.
  • To exploit programs, content, games, services or features or any of their components in any public place, including cybercafé or arcade.
  • Hosting or providing programs, content, games, services or features in their networked multiplayer versions for any online use without the prior written permission of the rightful owner.

Any person who contravenes the preceding provisions is liable to total, immediate and definitive exclusion of the site without prior notice or compensation and is liable to prosecution for the offense committed.

Article 6 – Responsibility of the Platform

The connection, use and participation to Smartmooz implies the member’s complete knowledge and awareness of the limits of the Internet for all aspects concerning the technical aspects of data transfer, protection against viruses and other Constraints of the internet. More specifically, the Company shall not be held liable for any material or immaterial damage caused to the participants, their computer equipment and the data stored therein, and the possible consequences thereof for their personal, professional or commercial activities. Similarly, the Company shall not be held liable in the event that one or more Members cannot be able to connect to the Platform or will not be able to use the Content due to any defect Technical problems or problems related to network congestion and / or failure of the Member's IT equipment.

Smartmooz is committed to implementing all the means at its disposal to ensure continuous access to its Platform. However, Smartmooz cannot guarantee the stability of the transfer rates and the response times not only of its Service but also of the characteristics inherent in the Internet network and / or services provided by third parties, in particular Internet Service Providers . Likewise, as the Platform operates through an IT environment under the Member's management and responsibility, Smartmooz cannot be held liable in the event of a malfunction of the Platform due to an item not directly related to it Mastery.

In the current state of computing, Smartmooz cannot therefore be held responsible in particular for (non-exhaustive list):

  • Failure of computer connections or networks related to the use of the Internet
  • Temporary or permanent failure of computer or telephone networks
  • Temporary or permanent failure of the Member's computer equipment
  • Temporary or permanent failure of the Member's software
  • Damage to the Member's computer equipment
  • Malfunctions of the Internet resulting in failures in the administration, security, integrity or management of the Content, games or services offered on the Platform
  • Change to the Platform program resulting in a temporary update and / or unavailability of the Platform
  • Any loss of data or settings of the Member
  • Consequences and damage caused by a computer virus
  • The participant's connection to the Platform
  • External URLs on the Platform pages
  • Contents of the Platform

Furthermore, Smartmooz cannot be held liable in the event of (non-exhaustive list):

  • Modification, suspension, cancellation or postponement without notice or justification on one or more of the Contents, games or services offered on the Platform. In such a case, the liability of Smartmooz cannot be incurred in any way thereby and the participants cannot claim any compensation.

Hyperlinks may refer to sites other than the Platform. The user is invited to read the conditions of these other sites, the responsibility of the Company cannot be engaged in the event that the content of the said other sites contravenes the legal and / or regulatory provisions in force.

Smartmooz reserves the right to carry out all maintenance operations necessary for the smooth operation of the Service and undertakes, whenever possible, to limit its duration and to intervene in the period during which the inconvenience is most Limited to Members. The Member may not claim any compensation for such transactions.

Article 7 – Service Guarantee

Smartmooz undertakes to use commercially reasonable means to fulfill its obligations under these Terms and Conditions. Smartmooz is therefore obliged, in respect of the commitments contained herein, only in respect of the access to the service, its operation and the Content, Video Games downloaded in accordance with the instructions given on the site.

Except where this limit is prohibited by law, Smartmooz shall in no event be liable for any direct, indirect, special, special, consequential or incidental damages. In any event, the liability and guarantee of Smartmooz is limited to the possible reimbursement of the sums paid by the Member, to the exclusion of any compensation for facts and causes of which Smartmooz would not be directly responsible.

Finally, Smartmooz cannot be held liable in the event of non-compliance with the laws of a foreign country where downloads are to be made.

Article 8 – Privacy and Protection of Personal Data

The data provided by Smartmooz members, as well as their IP address, are stored in the service database and are managed with a confidentiality concern. The Member agrees that his / her names, first names, civilities, pseudo, email, postal address, IP address, date of birth and telephone numbers, when registering for the Smartmooz Platform, and / or Of subscription to services offered by Smartmooz. The User authorizes Smartmooz to use its usage data in order to define typologies of users allowing to propose products and services adapted to the needs and / or uses of the Users. Specific data may be provided as part of the operation of certain services, which will not be retained by Smartmooz.

Smartmooz may propose to its Members or visitors of the Platform participation in loyalty, marketing or other activities on a website or a third party program. In this case, Smartmooz is not responsible for the actions or activities of these third parties and commits its visitors to carefully consider the terms and conditions proposed by those cis. Each Member of Smartmooz may also, for legitimate reasons, object to the processing of his or her personal data or, without cause, that they may be used for commercial prospecting purposes.

In accordance with applicable laws, Members registered on Smartmooz have the right to oppose, access and rectify the data concerning them (If the request for deletion of information concerns elements necessary for the proper functioning of the Participant's Account, The account should be deleted).

has the right to require that its information be corrected, supplemented and updated; This right may be exercised directly on the Site (click here ici), or deleted by contacting us at the following address [email protected]

The Service is designed to facilitate the navigation of Members. To this end, Smartmooz makes use of cookies whose purpose is to signal the passage of the Member. Cookies are used only for the purpose of improving the Personalized Service of each Member. It is possible for the Member to oppose the registration of these "cookies" by setting his Internet browser accordingly :

  • For Mozilla firefox :
    • Choose the "Tools" menu then "Options"
    • Click on the "Privacy" icon
    • Locate the "cookie" menu and select the options that suit you.

  • For Microsoft Internet Explorer :
    • Choose the "Tools" menu, then "Internet Options" (or "Internet Options")
    • Click on the "Confidentiality" tab
    • Select the desired level using the cursor.

  • For Google Chrome :
    • Click the wrench icon in the browser toolbar
    • Choose the "Options" menu then click "Advanced Options"
    • Click on "Content Settings" in the "Privacy" section
    • Click on the "Cookies" tab and select the options that suit you

  • For Opera 6.0 et beyond :
    • Choose the "File" menu> "Preferences"
    • Private file

However, in case of refusal of these cookies by the Member, Smartmooz cannot guarantee the correct functioning of all the functionalities of its Service.

For any other question, you can contact our customer service:

Article 9 – Intellectual Property

9.1 – The licensed and proprietary games of the Smartmooz Platform

Smartmooz offers licensed games from third-party companies, which are protected by intellectual property rights. Also, all programs, brands, logos, illustrations, games, distinctive signs, texts, sounds, videos, images, interfaces, screens, as well as the present conditions present on the service of games of Smartmooz are protected by French law of the rights Of Authors and Intellectual and Artistic Property and by the International Conventions on the Rights of Authors. Thus, any reproduction or representation not expressly authorized by the owners of the corresponding rights, constitutes an infringement liable to penal sanctions. Therefore, downloaded products can only be used by the Member or the owner of the computer on which they were downloaded, for personal use only. No reproduction, modification, transmission, sale, sub-license is allowed. The reproduction, disclosure, use, modification or any other form of unauthorized and / or illicit exploitation, directly or indirectly, by any analogous or different medium, of the elements listed above, will involve the company of the relevant legal actions On behalf of Smartmooz, from the holders of the exclusive rights assigned to Smartmooz, or from third parties concerned against the infringer (s).

9.2 – Smartmooz programs or digital files

The WebTv Service Programs are digital files protected by national and international copyright and neighboring rights provisions. They are exclusively reserved for private use. Any use outside this framework is strictly prohibited, including the resale, exchange, rental of digital files or their transfer to a third party, and exposes its author to legal and criminal prosecution. Digital Rights Management (DRM) systems are used to control their use and are intended to provide the User with maximum flexibility in the use of recordings while protecting copyright holders. the programs. The Member undertakes not to circumvent or infringe the system of protection necessary for the use of the WebTv service, nor to encourage third parties to perform such acts. Also, all programs, trademarks, logos, illustrations, games, distinctive signs, texts, sounds, videos, images, interfaces, screens and the present conditions present on the WebTv service are protected by the Intellectual and Artistic Property and by the International Conventions on the Rights of Authors. Thus, any reproduction or representation not expressly authorized by the owners of the corresponding rights expressly constitutes an infringement liable to penal sanctions. Therefore, the downloaded products can only be used by the Member or the owner of the Terminal on which they have been downloaded, for personal use only. No reproduction, modification, transmission, sale, sub-license is allowed. The reproduction, disclosure, use, modification or any other form of unauthorized and / or illicit exploitation, directly or indirectly, by any analogous or different medium, of the elements listed above, will involve the company of the relevant legal actions On behalf of Smartmooz, from the holders of the exclusive rights assigned to Smartmooz, or from third parties concerned against the infringer (s).

Article 10 – Proof and ownership

It is agreed between the Member and Smartmooz that only the data stored on the Smartmooz computer systems have probative value as regards the elements of connections and the information resulting from a computer processing relative to the Platform.

Accordingly, it is expressly agreed that Smartmooz may avail itself, in particular in the event of litigation or litigation, of these elements for the purpose of proof of any act, fact or omission in order to assert its rights in court. These various elements constitute admissible, valid and opposable evidence between the parties irrespective of their form or presentation. In the event of any conflict between the data held by Smartmooz and any other document, it is expressly agreed that the data will be authentic between the parties.

Similarly, any operation carried out using the identifier and the password attributed to a Member, following registration, are irrefutably assumed to have been carried out under the responsibility of that Member.

Article 11 - Warning concerning the risks of epilepsy and the precautions to be taken when using a Video Game

Some people are prone to epileptic seizures or loss of consciousness in view of certain types of flashing lights or frequent elements in our everyday environment. These people expose themselves to crises when they play certain Video Games. These phenomena may occur even though the subject has no medical history or has never had an epileptic seizure. If you have ever experienced symptoms related to epilepsy (seizure or loss of consciousness) in the presence of light stimulation, please consult your doctor before using. In any case, please observe the following rules when using a Video Game:

  • Avoid playing if you are tired or sleepy
  • Make sure that you play in a well lit room by moderating the brightness of your screen
  • Play at a good distance from the screen and as far as the connection cord
  • In use, take breaks of ten to fifteen minutes every hour.

Article 12 – Termination

12.1 – Termination by Smartmooz

The Contract for subscribing to any of the Services offered by Smartmooz may be terminated by Smartmooz without notice or indemnity to the Member in the event of:

  • Illicit use, attempted illicit use or complicity in the unlawful use of the Platform (including counterfeiting or the use of fraudulent coordinates / means of payment ...)
  • Failure of the Member to comply with any of its obligations under these
  • Of late payment
  • Termination of the operation of the Platform, in particular in the event of a decision or an injunction from a public authority, a court or legal or regulatory provisions imposing directly or indirectly the cessation of the operation of the Platform. the platform.

12.2 – Termination by Member

The Member may freely disengage at any time.

Article 13 – General provisions

Smartmooz reserves the right to transfer these presents to any company in the group to which it belongs, or to any company controlling it, controlled by it, without the prior express consent of the Member.

In accordance with its legal obligations, Smartmooz will communicate all required data in judicial proceedings (including data provided by Members and users), and in particular the data necessary for proceedings relating to complaints in violation of the rights of third parties. In addition Smartmooz will communicate any data necessary for the protection of its own interests.

The fact that Smartmooz has not demanded the application of any clause of these GCU, either permanently or temporarily, can not be considered as a waiver on its part to rely on it.

The nullity of one of the stipulations of the present contract is not likely to entail in the minds of the parties the annulment of the contract itself, unless it is an essential and decisive clause Of their consent and that its annulment is likely to jeopardize the general equilibrium of the Convention. In the event of the cancellation of any of the contractual provisions, the parties shall endeavor, in any event, to renegotiate an economically equivalent clause.

Article 14 – Applicable Law and Jurisdiction

Smartmooz, the site and the present General Conditions of Sale are subject to the Irish legislation.

Any dispute arising out of the interpretation, execution or validity of this contract shall be submitted to the exclusive jurisdiction of the competent court within the jurisdiction of the Dublin Region notwithstanding the plurality of defendants or third parties.