Terms of Use
terms and conditions OF USE
In force on 31/05/2024
The purpose of these Terms and Conditions of Use ("T&C") is to provide a legal framework for the provision of the EXPOSED application and its services ("the Application") by SAS VYS GAMES ("VYS GAMES" or "the Publisher") and to define the conditions of access to and use of the services by the "User".
These T&C can be accessed at the following link:
https://www.notion.so/Exposed-CGU-7efaf7c0e4c947489ec36a3ccf02cb58?pvs=4
ANY USE OF THE APPLICATION IMPLIES THE USER'S UNRESERVED AND UNRESTRICTED ACCEPTANCE OF THESE T&C.
As it constitutes the contractual relationship between VYS GAMES and the User, access to the Application must be preceded by acceptance of the T&C. Access to the Application signifies acceptance by the User of the T&C stipulated in the present contract. In the event of non-acceptance of the T&C stipulated in the present contract, the User must forego any access to the Application.
THE PUBLISHER RESERVES ITS RIGHT TO UNILATERALLY MODIFY THE CONTENT OF THESE T&C AT ANY TIME.
The legal relationship between the User and the Publisher will always be governed by the latest T&C in force on the day of use of the Application.
Article 1: Legal information
The EXPOSED Application is published by SAS VYS GAMES with a share capital of 200 (two hundred) euros, registered at the Paris companies’ register (RCS) under number 882 516 982, whose registered office is located at 14 RUE CHARLES-V 75004 PARIS, FRANCE.
Telephone number: 08 97 12 90 50.
E-mail address: contact@vysgames.com.
Representative: REVERDI Valentin (President).
The host of the Application is VYS GAMES, whose registered office is located at 14 RUE CHARLES-V 75004 PARIS, FRANCE, with the phone number: 08 97 12 90 50.
ARTICLE 2: ACCESS TO THE APPLICATION
The application is accessible free of charge from any location to any User with Internet access. All costs incurred by the User in accessing the service (computer hardware, Internet connection, etc.) are at the User's expense.
The Application is intended for Users aged 17 or over. Any access to the Application is considered as confirmation of compliance with this age condition.
For more information on the technical conditions for limiting access to content on the grounds of age, please consult the following links:
Legal - Website Terms of Use - Apple
On a single device in "One Phone" mode or on several devices in "Multiple Phones" mode, the Application gives the User access to the following services:
-
Free services
-
An “Get Started” game mode providing a set of questions and challenges from the “Cheeky”, “Naughty” and “For party” paid question packs.
-
A single part of the "Wheel of Problems" game mode in which Users will provide questions, dares, or anecdotes (called "tea") which will then be randomly distributed to those same Users.
-
Premium services
By subscribing to one of the available subscription options, the User will be able to access unlimited premium content: complete question packs “Cheeky”, “Naughty” and “For party” and unlimited access to the game the "Wheel of Problems".
The subscription options are as follows:
-
3 days for free then [USD 9.99] per week ;
-
[USD 14.99] per month ;
-
[USD 49.99] per year.
All prices are quoted in the currency of the User's country and are only valid in that geographical area. Prices are subject to change at any time.
Payment will be charged from the User's account on the platform used (Apple Store, Play Store or equivalent) ("Store Platform") when the purchase is confirmed.
The subscription is automatically renewed unless automatic renewal is deactivated at least 24 hours before the end of the current period.
The account will be charged for the renewal within 24 hours of the end of the current period, at the price of the offer chosen.
Subscriptions can be managed by the User and automatic renewal can be deactivated by accessing the User's Store Platform account settings after purchase.
Current subscriptions cannot be cancelled during the active subscription period.
It is possible to cancel a subscription during its free trial period via the subscription settings in the Store Platform account. This operation must be carried out 24 hours before the end of the subscription period to avoid being charged.
For further information, Users should consult the following links:
Legal - Website Terms of Use - Apple
The Publisher shall not be held liable for any event due to force majeure resulting in malfunction of the Application or server, subject to any interruption or modification in the event of maintenance. In such cases, the User agrees not to hold the Publisher responsible for any interruption or suspension of service, even without prior notice.
The User may contact the application by e-mail at the Publisher's e-mail address given in ARTICLE 1.
ARTICLE 3: RIGHTS, OBLIGATIONS and RESPONSIBILITIES of the user
The User must treat all other Users with respect and in compliance with the T&C and any other legal or contractual provision to which the T&C refer.
To use the Application, Users are not required to create an account. They simply need to enter a username of some kind so that the different players can be identified during the game. This username is accompanied by an image or photo of any kind selected by the User from their personal image library [or, by exception, an anonymous graphic representation in the form of an avatar provided by the Application]. Once the game has ended, any information communicated by the User will be automatically and permanently deleted. The username and photo/image[/avatar] chosen by the User, as well as any usernames entered for other players in "One Phone" mode, will remain stored locally on the mobile device used to ensure the smooth operation of the Application.
The Application does not have a system for moderating content generated by Users. Users are therefore encouraged to play with people they know in order to avoid exposure to content that they consider offensive or inappropriate.
The User undertakes not to misuse the Application and to use it solely for the purposes intended by the Publisher.
The User is granted a free license for the application software relating to the free services and a paying license for the application software relating to the premium services (complete question packs “Cheeky”, “Naughty” and “For party” and unlimited access to the game the "Wheel of Problems"), and not a transfer of ownership of the said application software making up the Application, by virtue of which the User undertakes not to:
-
attempt to decompile and reverse engineer any software contained in the Application.
-
remove any mention of copyright or any other proprietary notations from the materials within the Application.
-
reproduce or access the game to design or create a competing product or service that uses similar ideas, features, functions, questions, or graphics ; or to copy ideas, features, functions, questions or graphics from the game.
-
disrupt or hinder the capacity or performance of the software, the game or the data contained therein, or attempt to obtain unauthorised access to the game or its related systems or networks by any means whatsoever.
-
use the Application for illegal purposes.
-
attempt to infringe the Publisher's rights in any way whatsoever.
-
harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability.
-
interfere with or bypass the security features of the Application.
This license will be automatically terminated if the User breaches any of these restrictions; the Publisher has the right to investigate, involve and cooperate with the authorities in prosecuting offences committed via the Application.
ARTICLE 4: RIGHTS, OBLIGATIONS AND RESPONSIBILITIES OF THE PUBLISHER
The Publisher undertakes not to collect any personal data other than that required to use the Application. For more information, see https://fluff-jump-74e.notion.site/Vakarm-Politique-de-confidentialit-8a0afb873c6b4a56aaa493493dcdfc20?pvs=4.
Any game will only be accessible to the User of the Application or to Users with the code allowing access to the game on their own device (in "Multiple Phones" mode), and the Publisher undertakes to ensure the automatic deletion of data once the game has ended, with the exception of the username and photograph/identification image of each User of the Application.
VYS GAMES undertakes to ensure the correct operation of the Application, however it cannot be held responsible for any inconvenience or damage that the User may suffer as a result of using the Application, or any inconvenience or damage inherent in the use of the Internet network, in particular a break in service, external intrusion or the presence of computer viruses.
The Publisher may not be held liable for any loss or damage caused by a virus or any other technologically harmful material that may infect the User's computer equipment, computer programs, data or other items, as a result of using the Application.
Despite regular updates, the Application cannot be held responsible for changes in administrative and legal provisions occurring after publication. THE APPLICATION CANNOT BE HELD RESPONSIBLE FOR ANY LOSS, DAMAGE, INJURY, TRAUMA, DISCOMFORT OR OTHER DISTURBANCE THAT THE USER MAY SUFFER AS A RESULT OF USING THE GAME MODES.
The Application cannot be held responsible for any viruses that may infect the Internet user's computer or any other hardware following use of, access to or downloading from this application.
The Application may not be held liable in the event of force majeure or the unforeseeable and insurmountable act of a third party.
ARTICLE 5: Intellectual property
The Application and its components are the exclusive property of VYS GAMES.
Certain elements of the Application (e.g. trademarks, logos, software, databases, illustrations, texts, graphic guidelines or combinations of these elements) may be protected by intellectual property rights, in particular by copyright and trademark law.
For example, the EXPOSED brand is a registered trademark of VYS GAMES.
Any representation and/or reproduction and/or partial or total exploitation of these elements, of any nature whatsoever, is totally prohibited.
The User must request prior authorization from the Publisher for any reproduction, publication or copying of the various contents of the Application, including its software. The User undertakes to use the content of the Application in a strictly private context; any use for commercial or advertising purposes is strictly prohibited.
Any total or partial representation of this Application by any means whatsoever without the express authorization of the Application's operator shall constitute an infringement punishable under article L 335-2 et seq. of the French Intellectual Property Code.
In accordance with article L122-5 of the French Intellectual Property Code, Users who reproduce, copy or publish protected content must quote the author and source.
ARTICLE 6: APPLICATION UPDATES and modifications
The Application is regularly updated, and its content may be modified at any time. If necessary, the Publisher reserves the right to suspend access to the Application or to close it indefinitely. All contents of the Application may be out of date at any time and VYS GAMES has no obligation to update them.
ARTICLE 7: Hypertext links
Hypertext links may be present on the Application. Users are informed that by clicking on these links, they will leave the Application. The Publisher has no control over the web pages to which these links lead and may not, under any circumstances, be held responsible for their content.
ARTICLE 8: Data collection
The application ensures that the User's personal information is collected and processed with due respect for privacy in accordance with the French Data Protection Act no. 78-17 of 6 January 1978.
For more information, the Privacy Policy is available at this link:
ARTICLE 9: DURATION OF THE CONTRACT
This contract is valid for an indefinite period of time. The first use of the services of the Application by the User marks the date of implementation of the contract.
ARTICLE 10: COMPLAINTS
Any complaints from a User concerning the data appearing on the Application or concerning the games may be sent by email to the following address: contact@vysgames.com, giving details on the purpose of the complaint.
ARTICLE 11: INVALIDITY AND INTERPRETATION OF THE T&C
If one or more provisions of the T&C are held to be invalid or declared as such in application of a law, regulation or following a final decision by a competent court, the other stipulations will retain all their force and scope.
In the event of any difficulty of interpretation between any of the headings appearing at the beginning of the provisions and any of the clauses, the headings will be disregarded, and the content of the clause concerned will prevail.
ARTICLE 12: Applicable law and jurisdiction
The T&C, and all documents to which they refer, are governed by French law.
Any dispute arising from the validity, interpretation, performance and/or expiry of the T&C shall be submitted to the Paris Court of Appeal.
However, VYS GAMES reserves the right to take legal action against the User, in the event of a breach of the present general conditions of use, in the User’s country of residence or any other country concerned.
If you have any questions regarding the application of these T&C, you may contact the Publisher using the contact details given in ARTICLE 1.
Last update date: 31/05/2024