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INTRODUCTION

Like a Fashionista is a fashion game. The goal is to become the most popular and fashionable Fashionista by buying clothes, accessories, etc..

To do this, the player (VISITOR) must complete different objectives to enable their character to advance in the game.

CURRENT TERMS OF USE

These TERMS OF USE govern all the different uses of the PLATFORM accessible on http://www.likeafashionista.com. They are a binding agreement concluded between:

  • BEEMOOV, SAS, with stated capital of 200,000 euros, registered at the RCS of Nantes, France under the number B 492 377 908 - TVA FR82492377908, with headquarters located at 57 boulevard Gaston Serpette, 44000 Nantes, France (hereafter “BEEMOOV” or “we”), for one part

and

  • You, the USER, for the other part.

You and BEEMOOV are hereinafter collectively referred to as the "PARTIES."

Important : All use of the site www.likeafashionista.com constitutes unconditional acceptance by the USER of these TERMS OF USE (hereinafter “Terms”).

ARTICLE 1 DEFINITIONS

  • ACCOUNT: refers to the interface where all the data supplied by the MEMBER is regrouped and hosted on the PLATFORM.
  • CONTRIBUTOR: refers to a MEMBER who posts a message on the forum.
  • MEMBER: refers to any USER registered on the PLATFORM to benefit from any of the different services offered by BEEMOOV.
  • OPTION: refers to the equipment, the character or more generally the supplementary payment system, which allows MEMBERS to obtain improvements for the game.
  • PLATFORM: refers to the internet site accessible at the address www.likeafashionista.com. The PLATFORM regroups all of the web pages hosted and services offered to the MEMBERS.
  • USER: refers to all of the MEMBERS and VISITORS.
  • VISITOR: refers to any person who accesses and navigates on the PLATFORM.

ARTICLE 2 TERMS OF REGISTRATION

Registration to the PLATFORM is by principle open to any individual, subject to the stipulations stated in ARTICLE 11 of the present Terms .

It remains the responsibility of the USER to assure the confidentiality of their username and password. Any connection to an ACCOUNT of a MEMBER using the email address and password chosen at the time of registration will be deemed to be made by the MEMBER.

BEEMOOV reserves the right, in its sole discretion and without any liability whatsoever, to refuse registration to any individual who does not adhere to the spirit of the PLATFORM or violates the image of BEEMOOV.


ARTICLE 3 OPERATING PROCEDURE

Registration to the PLATFORM is free. An individual can open only one unique ACCOUNT.

This PLATFORM provides access to a “FREEMIUM” game, meaning a game that can be used completely free of charge and with no obligation of purchase (with the exception of the price of the internet connection).

However, the MEMBERS have the right to acquire different OPTIONS using different methods of payment, but also through sponsorship or donation.

The acquired bonuses are valid for an indefinite period on the PLATFORM.

If the ACCOUNT of a MEMBER is closed, no matter the reason or cause, the OPTIONS are lost and non-refundable.

The ACCOUNTS are non-transferable.


ARTICLE 4 FORUM

4.1 Rights and responsibilities of the USER

Any USER who enters the forum accessible on the PLATFORM must respect the intellectual property rights of the authors.

USERS must not reproduce and/or distribute any contributions posted on the forum, on other forums, or other material without the consent of the author.

Any USER can nevertheless reproduce the contents of the forum for private consultations or reproduce and broadcast brief excerpts of a message, for information or research, citing the name of the forum and that of the author of the message (real name or username).


4.2 Rights and responsibilities of the CONTRIBUTOR

Any CONTRIBUTOR retains ownership and intellectual property rights of the CONTRIBUTOR’S message, subject to the Terms.

The statements made on the forum are published under the sole responsibility of the CONTRIBUTOR. Thus, the CONTRIBUTOR agrees to:

  • Behave fairly in respect to others,
  • Respect the rights of others,
  • Respect the privacy of others and the confidentiality of exchanges with USERS.
  • Not post any message contrary to any laws, regulations or good morals.

4.3 Moderation

All contributions are moderated after being posted.

Two moderation systems are in use:

  • A team of volunteer moderators verify that messages published on the forum comply with the Terms.

    The moderator reserves the right to delete any contribution that does not relate to the topic of discussion, is contrary to the editorial policy of the PLATFORM, or is contrary to the law.


  • A system exists that notifies BEEMOOV of the existence of any content contrary to law or morality.

Any messages that are violent, libelous, defamatory, racist, revisionist, defend war crimes or pedophiles, incite murder or suicide, incite discrimination or hatred, reproduce a copyrighted work without authorization, or are otherwise contrary to current law and therefore punishable, are prohibited. If any messages of this type are posted, they will be promptly deleted and their authors could possibly be punished. If messages such as this are posted, they will be promptly removed and their authors may be prosecuted.

Any published message remains, nevertheless, the responsibility of its author.

USERS can request verification of any disputed message posted on the forum by contacting a moderator at the following address: support


ARTICLE 5 OBLIGATIONS OF PARTIES

5.1 USER Obligations

When using the PLATFORM, each user agrees not to undermine public order and to comply with the rules and regulations, to respect the rights of third parties and to comply with the provisions of these Terms.

The USER is solely responsible for editing any editorial or graphic content.

Each USER must:

  • Behave fairly and justly in regards to BEEMOOV and third parties.
  • Be honest and sincere when providing information to BEEMOOV and, if applicable, to other USERS.
  • Respect the rights of third parties, and in particular the rights of BEEMOOV.
  • Use the PLATFORM and the ACCOUNT in accordance with the Terms.
  • Not use the PLATFORM or the ACCOUNT to commit crimes, misdemeanors or petty offenses punishable under the Penal Code or any other legislation.
  • Respect the privacy of third parties and the confidentiality of exchanges with USERS.
  • Not divert users towards a competing site or service.
  • Not try to add information to the automated data processing systems implemented for online use of the PLATFORM, included in Articles 323-1 and after, of the Penal Code.
  • Not post information contrary to the laws, current regulations and good morals.

5.2 Obligations of BEEMOOV

The general obligation of BEEMOOV is an “obligation of means” within the meaning of applicable law. BEEMOOV has no obligation of result or enhanced means of any kind.

BEEMOOV is committed to ensure continuity of access and usage of PLATFORM, 7 days a week and 24 hours a day.

BEEMOOV is a host, defined within of Article 6 I 2 of the Act of June 21, 2004. As such, BEEMOOV agrees to withdraw promptly all illegal content (work or comments) as soon as BEEMOOV is informed of such content.

Notification of illicit content must be done by e-mail to support or by registered mail with recorded delivery.

In both cases, in order for the notification to be valid, it must present all elements prescribed in article 6 I 5 of the Act of June 21, 2004:


  • the date of the notification;
  • if the notifier is an individual: name, surname, profession, residence, nationality, date and place of birth; if the notifier is a corporation: its form, its name, registered headquarters and the legally representing body;
  • the name and address of the recipient or, if the recipient is a corporation, its name and registered headquarters;
  • description of the contested information and its precise location;
  • the reasons for which the content must be removed, including reference to legal provisions and supporting evidence;
  • a copy of correspondence addressed to the author or publisher of information or suspicious activities requesting their interruption, withdrawal or modification, or justification for why the author or the publisher could not be contacted.

ARTICLE 6 LIABILITY

BEEMOOV is not liable for:

  • temporary disruption of access to the PLATFORM for technical maintenance or updating of published information;
  • virus attacks; or
  • abnormal or illegal use of PLATFORM. In such case, the USER is solely responsible for damage to third parties and consequences of claims or actions that may result.

In any case, it is up to the USER to prove the fault of BEEMOOV in order to challenge its liability, which will be strictly limited to direct damages.


ARTICLE 7 - INTELLECTUAL PROPERTY

7.1 Property of BEEMOOV

The trademarks, logos, slogans, graphics, photographs, animations, videos, software and text contained on the PLATFORM are the exclusive property of BEEMOOV and may not be reproduced, used or represented without the express permission of BEEMOOV or its partners, under penalty of law.

Any total or partial reproduction, use or representation of the PLATFORM, by any means whatsoever, without the express permission of BEEMOOV is prohibited and shall constitute an infringement punishable by articles L.335-2 et seq and Articles L.713-1 et seq of the Code of intellectual Property.

The practice of deep links to a page of the website www.likeafashionista.com/ is prohibited without the express permission of BEEMOOV.

BEEMOOV expressly prohibits:

1 ° extraction, by permanent or temporary transfer, of all or any substantial content of a database to another medium by any means;

2 ° the use, by making available to the public, all or any substantial content of the database, regardless of the form.


7.2 Granted MEMBER License

In the event that an item provided by a MEMBER would be considered a work within the meaning of Article L 112-2 of the Intellectual Property Code, by express agreement and only in connection with the use of PLATFORM, the MEMBER grants a license of exploitation rights necessary for the use and publication of said work, including reproduction and representation rights. This license is granted free of charge to BEEMOOV for services provided by BEEMOOV to the MEMBER.

Accordingly, BEEMOOV can reproduce, use and represent the work of the MEMBER, in any format on any other page of the PLATFORM.

This license is non-exclusive and transferable for the duration of the intellectual property rights of the work and throughout the world.

The MEMBER warrants that any works the MEMBER publishes do not constitute a violation of intellectual property rights, or create any unfair or abusive competition. Thus, the MEMBER agrees to defend BEEMOOV and bear all costs against any claim concerning any such works and their normal use.


ARTICLE 8 TERMINATION

Each USER may terminate its registration on the PLATFORM by requesting the closure of the USER’S personal account to BEEMOOV. This request shall be deemed effective the business day following receipt by BEEMOOV.

Upon termination, all personal data concerning the USER will be immediately removed, except data that identifies a content editor for the purposes of the Act of June 21, 2004, which are kept for one year before being destroyed.

Without prejudice to other provisions of these Terms, BEEMOOV may terminate a USER's account without notice or demand in case of serious breach by the USER of any of its obligations.

Without prejudice to other provisions hereof, in case of default by the USER in any of its obligations, BEEMOOV may terminate the account of the USER if after fifteen (15) days of sending the USER an e-mail notifying the USER of the breach and requesting the USER to comply with these Terms, the changes are not made.

The termination shall take effect without prejudice to any damages that may be claimed by BEEMOOV to the USER or the USER’s legal representatives for damages suffered as a result of such failures.

The USER will be notified by email of the cancellation or confirmation of the termination of the USER’s personal account. The USER’s data will be destroyed at the USER’s request or at the expiration of the legal time after the termination of the account.


ARTICLE 9 PROTECTION OF PERSONAL DATA

As part of its activity on the PLATFORM, BEEMOOV may collect personal data. This data will be processed in accordance with the purposes for which it was collected.

This site and the treatment of personal data that results are being declared to the Commission Nationale Informatique et Libertés under the number 1243525.

The person whose personal data is processed has the right to access, rectify, delete and oppose the processing of their personal data under sections 38 and following of the law of 6 January 1978.

These rights may be exercised in accordance with the law of January 6, 1978, as amended by the Act of August 6, 2004 by e-mail to support or by mail to BEEMOOV/Like a Fashionista, 57 boulevard Gaston Serpette, 44000 Nantes - France in establishing one's identity and a legitimate reason if required by law.


ARTICLE 10 MODIFICATION

BEEMOOV reserves the right to modify these Terms at any time. Changes take effect the first day of the month following their publication.

Any registration after the date of publication of modified Terms will be deemed as having been made after consenting to the new version of the Terms.

Any MEMBER registered before the application of amendments to the Terms retains the right to cancel their account at any time as provided in Article 8 TERMINATION.


ARTICLE 11 PROTECTION OF MINORS

Minors must obtain authorisation from their legal guardian to use this PLATFORM. The purchase of OPTIONS is restricted to persons over the age of 18 and to minors acting under the authorization and any applicable supervision of a parent or legal guardian.

Over a certain certain purchase threshold, BEEMOOV reserves the right to request confirmation from the buyer that they are over the age of 18 or have been given the authorisation to make such payments by a legal representative.

In the absence of such confirmation, no onerous transactions will be authorized on the contested account.


ARTICLE 12 PROTECTION OF EPILEPTIC PERSONS

Certain USERS are susceptible to epileptic seizures including, vision problems due to certain types of bright light stimulations such as:

  • rapid image sequences or repetition of simple geometric figures,
  • lightning or explosions.

These USERS may expose themselves to seizures while using the PLATFORM, even when they have no medical history or were never subject themselves to seizures.

BEEMOOV invites parents to remain attentive to their children while they are using the PLATFORM.

BEEMOOV recommends that any USER who experiences one or more of the following symptoms, stop playing immediately and consult a physician:

  • Dizziness,
  • blurred vision,
  • eye or muscle spasms, disorientation,
  • involuntary movements or convulsions,
  • momentary loss of consciousness.

BEEMOOV recommends that any USER, or member of their family, who has experienced any of the symptoms listed above consult a medical physician.


ARTICLE 13 PRECAUTIONS RELATED TO THE USE OF A VIDEO GAME

BEEMOOV recommends:

  • to stop playing the game if the USER presents signs of fatigue or lack of sleep.
  • to use the PLATFORM in a well lit room and correctly adjust the brightness of the monitor.
  • to use the PLATFORM while keeping a good distance between the USER and the screen, and to take breaks regularly.

ARTICLE 14 FORCE MAJEURE

The PARTIES will not be deemed to have breached their obligations if they are prevented from performing all or part thereof as a result of a force majeure, provided that the defaulting PARTY notifies the other PARTY, by registered letter with acknowledgment of receipt within five (5) calendar days of the occurrence of the event and the reason of force majeure within the meaning of French law, including, but not limited to, attack by hackers, unavailability of materials, supplies, parts, personal or other equipment; and interruption, suspension, reduction or disruption of electricity or other interruptions or all electronic communications networks.

The defaulting PARTY will make its best efforts to limit the effects of the force majeure, and find any suitable solution to resume performance of its obligations as soon as possible.

If the execution of one or more of the obligations of either PARTY is postponed due to the occurrence of an event of force majeure, the obligations will be suspended until the disappearance of said event.


ARTICLE 15 GENERAL PROVISIONS

No other guidelines or documents can create obligations not included in the Terms unless agreed in writing by both PARTIES.

The fact that one of the PARTIES did not require the enforcement of any provision of these Terms, whether permanently or temporarily, will in no way be considered a waiver of such provision.

The Article titles contained herein are for convenience of reference only and shall not be used to interpret the meaning of these Terms.

If any provision of these Terms were to be deemed invalid under a statute or regulation in force and/or a court decision, it will be disregarded but will not affect the validity of the remaining provisions which shall remain fully applicable.

The PLATFORM is controlled and operated by BEEMOOV from its offices in Nantes, France. By accessing the PLATFORM, the USER agrees that the statutes and laws of France, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of the PLATFORM and the purchase of products and services available through the PLATFORM, and the USER further agrees and hereby submits to the exclusive jurisdiction and venue of the courts of Nantes, France with respect to such matters.




TERMS OF SERVICE

INTRODUCTION

As indicated in the TERMS OF USE, LIKEAFASHIONISTA.COM is a virtual game that can be used completely free of charge. The MEMBER, if they wish, can decide to purchase virtual money, Fashionista Dollars, to progress more rapidly through the game.

CURRENT TERMS OF SERVICE

These TERMS OF SERVICE are specifically intended to regulate the use of the optional payment system and apply to the optional purchases of Fashionista Dollars that the MEMBER can decide to make on the PLATFORM.

They are a binding agreement concluded between:

  • BEEMOOV, SAS,with stated capital of 200,000 euros, registered at the RCS of Nantes, France under the number B 492 377 908 - TVA FR82492377908, with headquarters located at 57 boulevard Gaston Serpette, 44000 Nantes, France (hereafter “BEEMOOV” or “we”), for one part

and

  • You, the USER, for the other part.

You and BEEMOOV are hereinafter collectively referred to as the "PARTIES."

Important: All use of the site www.likeafashionista.com constitutes unconditional acceptance by the USER of these TERMS OF SERVICE (hereinafter “Terms”).


ARTICLE 1 DEFINITIONS

  • CUSTOMER: refers to Beemoov’s co-contracting PARTY, who guarantees its status as a quality consumer as defined by the French law and jurisprudence. In this regard, it is expressly provided that CUSTOMER acts outside of any usual or commercial activity.
  • CODE: refers to a sequence of numbers and/or letters provided with the purchase of Fashionista Dollars, by telephone or TEXT, for which the CUSTOMER is solely responsible.
  • ACCOUNT: refers to the interface where all the data supplied by the MEMBER is regrouped and hosted on the PLATFORM.
  • MEMBER: refers to any USER registered on the PLATFORM to benefit from any of the different services offered by BEEMOOV.
  • OPTION: refers to the equipment, the character or more generally the supplementary payment system, which allows MEMBERS to obtain improvements for the game.
  • PLATFORM: refers to the internet site accessible at the address www.likeafashionista.com. The PLATFORM regroups all of the web pages hosted and services offered to the MEMBERS.
  • Fashionista Dollars (FD): refers to the virtual currency that the MEMBER can obtain free of charge via normal game play or purchase via the supplementary payment system (Bank) to obtain OPTIONS.

ARTICLE 2 PURPOSE

These TERMS are intended to define the obligations of each PARTY in connection with the purchase of Fashionista Dollars.


ARTICLE 3 ACCEPTANCE OF THESE TERMS

CUSTOMERS must attentively read, download and print these TERMS, accepted at registration and made ​​available under each of the provided payment methods, and this prior to any order.


ARTICLE 4 OBLIGATIONS OF PARTIES

By clicking and accessing the “Bank”, the CUSTOMER decides to use the supplementary payment system to buy Fashionista Dollars and consequently progress more rapidly in the game.

Thus, the CUSTOMER, by purchasing Fashionista Dollars, agrees to pay the price set on the PLATFORM, to comply with all laws and regulations and notify Beemoov of any information it may have knowledge of and that could have an impact on the enforcement of these Terms.

In return, Beemoov engages, in the framework defined by these Terms, to credit the MEMBER/CUSTOMER’s ACCOUNT in Fashionista Dollars.


ARTICLE 5 PURCHASING FASHIONISTA DOLLARS

5.1. Price

The CUSTOMER can find the prices for Fashionista Dollars listed (all taxes included) on the PLATFORM and in the “Bank” for each payment method.

The prices include, in particular, the value added tax (VAT) at the rate enforced at the time of purchase. It is specified that any changes in the applicable rate may impact the purchase price of Fashionista Dollars. These changes will take place on the date the new rate is enforced.

The prices indicated are valid, except in the case of gross error. The applicable price is that which is indicated on the Website on the date the order is placed by the CUSTOMER.


5.2. Purchasing Process and Payment Methods

By clicking and accessing the “Bank”, the CUSTOMER can access the different payment methods made available to obtain Fashionista Dollars in exchange for a payment of a sum of common currency.

  • By Landline Phone: The telephone service, provided by Beemoov 24h/7, is accessible from the phone number displayed on the PLATFORM once the CUSTOMER’s country is selected. The CUSTOMER will be provided with a CODE to make the payment.This CODE must be transcribed by the CUSTOMER, under their sole responsibility, in the field dedicated for this purpose on the PLATFORM. The CUSTOMER’s ACCOUNT will be credited for the amount of Fashionista Dollars, depending on the specifications listed on the payment method selection screen.
  • By TEXT: The TEXT service, provided by Beemoov 24h/7, is available by sending a CODE by TEXT to the number and for the rate displayed on the PLATFORM once the CUSTOMER’s country is selected. This CODE, valid only once and within 48 hours, will be transcribed by the CUSTOMER, under his sole responsibility, in the field dedicated for this purpose on the PLATFORM. The CUSTOMER’s ACCOUNT will be credited for the amount of Fashionista Dollars, depending on the specifications listed on the payment method selection screen.
  • By Bank Card: The CUSTOMER may pay by bank card (Visa, MasterCard, etc.) via secure payment platforms such as HiPay and Paypal. After payment, the CUSTOMER’s ACCOUNT will be credited for the amount of Fashionista Dollars, depending on the specifications listed on the payment method selection screen.
  • By Paypal Account: The CUSTOMER may pay using their own Paypal account via the Paypal platform. After payment, the CUSTOMER’s ACCOUNT will be credited for the amount of Fashionista Dollars, depending on the specifications listed on the payment method selection screen.
  • By HiPay Account: The CUSTOMER can make a payment using their own HiPay account via the HiPay Platform. After payment, the CUSTOMER’s ACCOUNT will be credited for the amount of Fashionista Dollars, depending on the specifications listed on the payment method selection screen.
  • By Internet +: After making a payment via the secure ALLOPASS payment platform, a CODE is sent via email to the CUSTOMER, that has been previously entered under the sole responsibility of the CUSTOMER.
  • This CODE must then be transcribed by the CUSTOMER under his sole responsibility in the field dedicated for this purpose on the PLATFORM. The CUSTOMER’s ACCOUNT will be credited for the amount of Fashionista Dollars, depending on the specifications listed on the payment method selection screen.

  • By Ticket Surf/Ticket Premium: After choosing the proposed sum for the purchase of Fashionista Dollars, the CUSTOMER may make a payment using Surf/Premium tickets, which they have previously purchased. The CUSTOMER’s ACCOUNT will be credited for the amount of Fashionista Dollars, depending on the specifications listed on the payment method selection screen.

  • ARTICLE 6 RESPONSIBILITY

    BEEMOOV does not control the websites that are directly or indirectly related to the PLATFORM. Accordingly, it excludes all liability for information published on the PLATFORM. Links to third party websites are provided for information purposes only and there is no guarantee as to their content.


    BE REMINDED THAT THE PAYPAL AND HIPAY PAYMENT SOLUTIONS HAVE THEIR OWN TERMS AND CONDITIONS THAT THE CUSTOMER MUST READ AND ACCEPT.


    ARTICLE 7 RIGHT OF RETRACTION

    The CUSTOMER has a period of fourteen(14) days from the date of acceptance and payment of the offer to retract.

    However, in accordance with the provisions of Article L. 121-20-2 of the Consumer Code, the CUSTOMER may not use his right to retraction concerning the provision of paid services if the crediting process has begun, and with the consent of the CUSTOMER, before the end of the seven day period.

    In other words, the CUSTOMER loses their right to retraction from the moment they use the Fashionista Dollars on the game on the PLATFORM.

    To exercise their right to retraction, the CUSTOMER must notify of its decision to retract through a clearly worded statement to: Support.


    ARTICLE 8 MODIFICATION

    These Terms apply to all purchases made from the PLATFORM "Bank", while it is available online.

    These Terms are precisely dated. BEEMOOV reserves the right to modify these Terms at any time. The applicable Terms are those in effect at the time of the order.

    Changes to these Terms will not apply to previously completed purchases.


    ARTICLE 9 GENERAL PROVISIONS

    The PLATFORM is controlled and operated by BEEMOOV from its offices in Nantes, France. By accessing the PLATFORM or otherwise consenting to the USER’s access to the PLATFORM, each PARTY agrees that the statutes and laws of France ( without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods) will apply to all matters arising out of or relating to the relationship of the PARTIES, the use of the PLATFORM and the purchase of products and/or PLATFORM services available through the PLATFORM, and each PARTY further agrees and hereby submits to the exclusive jurisdiction and venue of the courts of Nantes, France with respect to such matters. Each PARTY waives any right to commence any action in connection with this Agreement in any court outside Nantes, France. Each PARTY hereby agrees to submit to the jurisdiction of such courts without reservation as to inconvenient forum or lack of jurisdiction. Each PARTY agrees to accept service of process by registered or certified mail, return receipt requested, or, if a PARTY has not submitted information sufficient for such postal mailing, by e-mail to the e-mail address that you have provided in registration or otherwise, with a copy to the Internet Service Provider that hosts the Internet domain that is the ICANN-registered registrant hosting such domain. EACH OF THE PARTIES HEREBY WAIVES TRIAL BY JURY IN ANY ACTION ARISING OUT OF MATTERS RELATED TO THIS AGREEMENT. THIS WAIVER AND THE OTHER CONSENTS REGARDING RESOLUTION OF DISPUTES IS INFORMED AND VOLUNTARY.



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