Terms and Conditions

“My LovelyPlanet” application

  

Date of last update:[03/13/2025]

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GENERAL TERMS AND CONDITIONS

The present GeneralTerms and Conditions (hereinafter referred to as “GTC”) are enteredinto between, on the one hand, IMAGINE, a French société par actionssimplifiée with a capital of 1,500 euros whose registered office is locatedat Maison de la Technopole, 6 rue Léonard de Vinci, CS 20119, 53001 Laval, registeredwith the Laval Trade and Companies Register under number 893 691 758, contacte-mail address: support@mylovelyplanet.org (hereinafterreferred to as “Imagine” or the “Company”) duly represented for thepurposes hereof by its legal representative, and, on the other hand, a naturalor legal person (hereinafter referred to as the “User”), who uses the mobile application My Lovely Planet availablefor 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 theServices offered there.

 

For moreinformation about the Company, the User is encouraged to consult the legalnotices (accessible via the Platform [and through the following link: [url]]).

 

The Useracknowledges (i) that these GTC, including the information required by law,have been communicated to them in a clear and comprehensible manner, on adurable medium, in an easily downloadable document, and (ii) that they arerequired to read them before using the Services as defined below.

 

Imagine and theUser are hereinafter individually referred to as a “Party” and together referred to as the “Parties”.

 

1.Definitions

In addition tothose defined elsewhere in these GTC, capitalized terms, whether in singular orplural, 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-contractualinformation

The Useracknowledges having been informed, prior to the conclusion of the GTC, in areadable and understandable manner, through the provision of these GTC and inaccordance with the provisions of article L. 221-5 of the French Consumer Code:

 

-       about the essential characteristics of theServices, considering the communication medium used and the Services concerned; 

-       about the Price of the Services andrelated expenses or, in the absence of payment of a Price, on any benefitprovided instead of or in addition to the latter and on the nature of thisbenefit; 

-       about terms of payment, supply andperformance of the contract; 

-       in the absence of immediate execution ofthe contract, about the date or deadline by which the Company commits toprovide the Services; 

-       about the Company’s identity, postal andelectronic contact details, as well as on its activities, if they are notobvious from the context, 

-       about the legal and contractual warrantiesand how to apply them (article 16 herein), 

-       about the possibility of resorting toconventional mediation in the event of a dispute; 

-       about the right of withdrawal (existence,conditions, deadline, procedures for exercising this right and standardwithdrawal form, article 15 hereof),  

-       about termination and other important contractualterms and conditions and, where applicable, on the costs of using remotecommunication technology, the existence of codes of conduct and financialsureties and guarantees; 

-       about accepted payment methods. 

The use of theServices on the Platform by a User constitutes a full and complete acceptanceof these GTC and obligates the User to pay for the Services ordered, which isexpressly recognized by the User, who renounces, among others, to the right toinvoke any contradictory document, that would be unenforceable against theCompany.

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3.Object

The purpose ofthese GTC is to define the terms and conditions under which Users may accessand use the Services offered by Imagine, including the mobile game My LovelyPlanet (the “Game”).

 

The Game allows itsUsers to have a positive impact on the real world through (i) the planting oftrees by the Company and/or (ii) the completion of actions with a positiveecological impact, such as ocean cleaning or the protection of biodiversity andwildlife (the “Positive Actions”).

 

The use of thePlatform, its Services, and the Game is subject to the prior acceptance andfull compliance with these GTC by the User.

 

It is specifiedthat these GTC are the only contractual documents binding on Imagine, to theexclusion of any other document (brochure, summary information document, videomaterials, presentation of the Services and the Game, etc.) which only have anindicative and non-contractual value, and to the exclusion of any otherpossible service, sales, or purchase conditions of the User, which cannot,under any circumstances, be binding on Imagine.

 

However, the pageavailable at the URL https://dashboard.mylovelyplanet.org/ is excluded fromthe scope of these GTC and is governed by specific terms of use.

 

 

4. Acceptance andenforceability of the GTC

Any User whoaccesses the Platform and uses the Services or the Game is required to reviewthese GTC, which are accessible and downloadable at the time of creating a UserAccount, as well as directly within the Application and on the Website via theURL https://www.mylovelyplanet.org/terms-and-conditions, and must complywith their terms.

 

The User declaresthat 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 asthe content of these sections, may also be provided by the Company viaemail or postal mail upon simple request by the User to support@mylovelyplanet.org.

 

These GTC areformally accepted by the User upon the creation of their User Account.

 

Imagine reservesthe right to adapt or modify these GTC at any time and without prior notice.Any new version published online supersedes any previous version, includingthose printed or saved in digital or paper format by the User. The User istherefore encouraged to regularly review and familiarize themselves with theseGTC. The applicable version of the GTC is the one accessible online during thevisit and use of the Platform.

 

In any case, theUser who has a User Account will be informed of the entry into force of new GTCby email at the email address provided during the creation of their UserAccount and is invited to review them. Logging into their User Account and/orusing the Platform and/or the Services (even if it is just a simple visit)constitutes acceptance of the applicable GTC.

 

Also, for eachService used, the GTC in effect on the date of such use of the Service shallapply to the User. It is recommended that the User save the GTC in effect onthe day of use of each Service, notwithstanding the archiving rules implementedby Imagine.

 

The User who doesnot wish to accept the new GTC has the option to terminate the GTC and deletetheir User Account, under the conditions set forth hereafter.

 

The User declaresand acknowledges (i) being a natural person with full legal capacity, or ifnot, being at least 15 years old, or (ii) being between 13 and 15 years old andhaving obtained the consent of their legal representative, whose email addressmust be provided to the Company during the creation of their User Account.

 

The User furtherdeclares and acknowledges that if they wish to use the Services for creating anon-custodial wallet or Staking their MLC tokens, they must be at least 18years old.

 

These GTC areconcluded for an indefinite period.

 

The User acknowledgeshaving reviewed the nature, purpose, and features of the Application and theServices, as well as the prerequisites necessary for their use, particularlythe conditions related to the creation of a User Account. They acknowledgehaving requested and obtained all the desired information, including bothquantitative and qualitative characteristics of the Services, enabling them toassess the suitability of the Services for their needs and to enter into theGTC with full knowledge of the facts. The User is solely responsible forchoosing to use the Platform and the Services, and as such, Imagine cannot beheld liable in this regard.

5.Description of Services

5.1 Services available without creating a User Account

Certainpages 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 usingthe Platform and the Services. The Platform also offers features and/orinformation that allow Users to contact Imagine.

 

However, certainpages of the Platform and the Website, as well as certain Services, are onlyaccessible to Users who have previously created their User Account.

 

The Company alsomanages pages showcasing its activities and allowing it to publish content onsocial media and interact with internet users, notably on Facebook, Instagram,X (formerly Twitter), YouTube, Pinterest, LinkedIn, etc. 

 

The Applicationallows any User to access the Game, which provides Users with a progressivelydifficult game journey based on a “Play to Save” mechanism.

 

Imagine allowsUsers 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 actionswith a positive ecological impact such as ocean cleaning or the protection ofbiodiversity and wildlife.

 

Thus, with eachlevel achievement (i.e., each game completed successfully by a User),different game items are earned:

 

-       the “Dewdrops”, which allow Users to havePositive Actions carried out by the Company in the real world – obtainingDewdrops results from (i) the User’s progress in the Game, and (ii) theirpurchase in fiat currency directly within the Application;

 

-       the “Coins”, which allow Users to acceleratetheir progress in the Game, and thus level up, by benefiting from bonuses inthe form of Game items such as “hammers” to destroy “blocks” and simplify thepuzzles – 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 allowUsers, 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 stakeda certain amount of MLC as displayed in the dedicated section of theApplication, as described herein – obtaining Diamonds is free in case of (i)completing levels, (ii) winning Tournaments or challenges, (iii) completingcertain Engagement Actions, or (iv) through MLC Staking.

 

5.2 Services available subject to the creation of a UserAccount

The benefit and useof the Services described below require the creation of a User Account by theUser, in particular in accordance with the provisions of the section “Creationof a User Account” of these GTC.

 

5.2.1 Access and use of a User Account

Upon accessing thePlatform and after creating their User Account in accordance with theprovisions of the section “Creation of a User Account”, the User gains accessto said User Account.

 

The User Accountallows access to certain game features, including (i) saving data and loadingit 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 Companyreserves the right to allow Users who have created a User Account to createtheir self-hosted electronic wallet (non-custodial wallet) via theApplication.

 

This non-custodialwallet will allow Users to view their MLC balance in real-time.

 

For the record, itis specified that the Company will not hold the private cryptographic key ofthe non-custodial wallet created by a User on the Application. Therefore, theCompany will not, under any circumstances, provide the service of holdingdigital assets on behalf of third parties as defined in Article L. 54-10-2 ofthe French Monetary and Financial Code, nor the service of custody andadministration of crypto-assets on behalf of clients as defined in the MiCARegulation.

 

The User will be solelyresponsible for maintaining the confidentiality of their private cryptographickey, which will be strictly personal to them, and agrees to take all necessarymeasures to ensure its complete confidentiality. The User will be solelyresponsible for the personal use of their private cryptographic key and shallhold Imagine harmless in this regard.

 

For the avoidanceof doubt, the service activation date, if any, for the non-custodial walletcreation service remains at the sole discretion of the Company.

 

5.2.3 Staking of MLC

Users who havecreated a User Account have the option to stake their MLC for a period of 3months (the “Duration”).

 

Throughout theDuration of the Staking, the User will receive rewards in Diamonds, calculatedbased 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 froma cauldron, the capacity of which is limited.

 

Any User has theoption to increase the capacity of their cauldron in the dedicated section ofthe Application in exchange for fiat currency.

 

The Companyreserves the right to modify the Rate at which Users can subscribe to the MLCStaking service, which the User understands and accepts.

 

In order to converttheir Diamonds into MLC, the User must stake MLC with a minimum value determinedat the start of the Duration. Access to the service for converting Diamondsinto MLC will remain available to the User throughout the Duration, even if thevalue of the MLC decreases and falls below the minimum value necessary at thebeginning of staking.

 

5.3 Provisions relating to the provision of digitalservices and content

TheServices, which include digital content, are provided to the User viathe Platform, making the ordered Services available or accessible, or throughany appropriate means to access or download them, at any physical or virtuallocation chosen by the User.

 

TheServices are provided in their up-to-date version at the date of theirprovision.

 

Theordered Services are typically delivered within a few seconds. This is anindicative timeframe and not a strict deadline, and Imagine cannot be heldliable if this indicative timeframe is not met.

 

If theordered Services have not been delivered by the scheduled date, the User maynotify Imagine under the conditions set forth in Article L. 224-25-11 of theFrench Consumer Code (if these provisions apply to the User):

 

-       the suspension of the payment of all orpart of the price until Imagine performs its obligations, in accordance withArticles 1219 and 1220 of the French Civil Code; or

 

-       the termination of the sale after havingunsuccessfully given formal notice to Imagine to perform without undue delay orwithin an additional reasonable period expressly agreed upon by the Parties.

 

Thecontract shall be deemed terminated upon receipt by Imagine of the writtennotice informing it of such termination, unless performance has occurred in themeantime.

 

Terminationmay be immediate if Imagine refuses to perform, if it is obvious that it willbe unable to deliver the ordered Services, or if the delivery deadline that wasfailed constituted an essential condition of the sale for the User.

 

In the eventof termination of the sale, the amounts paid by the User shall be refunded nolater 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

Imagineundertakes to provide, at no cost to the User, updates for the deliveredServices, which include digital content, as necessary to maintain theircompliance.

 

TheUser will be clearly informed of each update within a reasonable time prior toits installation, as well as the consequences of not installing it, inaccordance with the provisions of Article L. 224-25-25, I of the FrenchConsumer Code.

 

In theevent of the User’s refusal to install the updates necessary to maintain thecompliance of the delivered Services, Imagine shall not be held responsible forany non-compliance resulting from the failure to update.

 

Anyupdate not necessary to maintain the compliance of the Services must beapproved by the User, who must be informed by Imagine, in a clear and precisemanner, on a durable medium, about the proposed update and its effective dateof implementation.

 

TheUser may refuse the installation of any update not necessary to maintain thecompliance of the delivered Services or uninstall it.

 

In thiscase, the User may terminate the sales contract without charge within thirtydays, unless Imagine offers to allow the User to retain the delivered Serviceswithout the update.

 

5.5 New Services

Imaginemay expand its range of Services by listing new services on the Platform,whether these services are accessible to all Users or only through the UserAccount. These new services are considered an integral part of the Services asdefined in the “Definitions” section of these GTC and will be governed by theseGTC. Unless otherwise specified, the new services may be used by the User fromthe moment they become available on the Platform, subject to the prior creationof a User Account, when necessary.

 

5.6 Evolution of Service

Imagine may, at anytime and without notice, evolve, improve, or adapt the Platform and theServices, and more generally the services or offerings provided, with the aimof enhancing, for example, the functionalities offered on the Platform or aspart of the Services. This may include, in particular, the deployment ofupdates, new versions, new services or offerings, or the removal of existingServices. In the event of the permanent removal of an existing Service, Imaginewill make its best efforts to notify Users of this change with reasonablenotice and provide alternative solutions (e.g., alternative operations,transfers to third-party services, etc.). In the event of the permanent removalof all Services, Imagine would proceed with the termination of these GTC underthe 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, particularlyin response to technological advancements. The User must, where applicable,ensure that their IT resources are adapted to the changes in the Platform andthe Services.

 

5.7 Assistance

Imagine providesthe User with technical support to offer information or assistance to Usersregarding the technical aspects and functionalities of the Platform andServices.

 

The User remainssolely responsible for their choices, including the decision to use theServices. Technical support does not, in particular, handle requests regardingthe appropriateness of using the Services and cannot provide any legal, tax,financial, or strategic advice of any kind.

 

This support isaccessible via a dedicated email address: support@mylovelyplanet.org. Imagine will makeits best efforts to respond to the User’s request in a timely and appropriatemanner. However, Imagine makes no commitment regarding any response time, therelevance or completeness of the content of the response, nor the effectivenessof the response in resolving the User’s request or providing a solution.

 

Furthermore, Imagine does not provide any adviceregarding the use of the Services. No information provided by Imagine should beinterpreted as legal, tax, financial, strategic, communication, or any othertype of advice.

 

6. Terms of use of the Platform and Services

6.1 Access to the Platform and Services

TheUser declares and acknowledges having the technical competence to use thePlatform and Services and confirms that the IT configuration used for thispurpose is in perfect working order. The User is solely responsible for theproper functioning of their IT equipment and their internet access

 

All costs relatedto access to the Platform and Services, including hardware, software, orinternet access fees, are exclusively borne by the User.

 

IMPORTANT. The User undertakes to use the features ofthe Platform, the Services, and all content accessible through them solely forpurposes that comply with applicable regulations, these GTC, as well as publicorder, morality, and the rights of third parties. Imagine shall not be heldliable for the User’s use of the Platform and Services, particularly in caseswhere such use contravenes the applicable provisions governing the User.Furthermore, the User acknowledges that they are responsible for using thePlatform and Services in good faith and must not harm (i) the brand image,reputation, or notoriety of Imagine, (ii) its partners, or (iii) any thirdparty in any manner whatsoever, in accordance with Articles 226-8 to 226-9 ofthe French Criminal Code.

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 6.1 Link

Users may createlinks (including redirects) to the Platform. Under no circumstances shall sucha link be deemed an implicit affiliation agreement. In any case, linksredirecting to the Platform must be removed upon Imagine’s first request.

 

Imagine reservesthe 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 redirectthe User to other websites, web pages, or applications. Users are expresslyinformed that the websites, web pages, or applications they may access throughthese links do not belong to Imagine, which also reserves the right to removesuch links from the Platform if, in particular, the linked site or applicationbecomes contrary to applicable regulations or its values. Imagine shall not beheld liable for Users’ access to third-party websites or other online resourcesvia links provided on the Platform, nor for the content or informationmade available by such third-party websites or resources as a result ofactivating said links.

 

Unless otherwiseagreed between the Parties, the User is not authorized to use any expressionthat implies or suggests an official partnership with Imagine (such as “builtwith”, “developed with”, or “in partnership with”).

 

6.2  Availability of the Platform and Services

Imagine strives toprovide a quality service and to allow the User to use the Platform andServices under the best possible conditions. In principle, the Platform andServices are available 24 hours a day, 7 days a week. However, Imagine is boundonly by an obligation of means and not by an obligation of result. Therefore,it does not guarantee the availability, optimal functioning, speed, orpermanent and continuous accessibility of the Platform or the Services.

 

Indeed, the User isinformed and accepts that access to the Platform and/or Services may bedelayed, 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’sinternet service provider, its partner’s provider, and their own updates andtechnical issues, and/or those of a hosting provider;

 

-       force majeure;

 

-       use by the User of the Platform orServices that does not comply with the GTCs or with the details and indicationsthat may appear on the Platform;

 

-       an unavailability or issue regardingaccess to the telephone network, internet network, or any other network(computer network, telecommunications network, electronic communicationnetwork, etc.) by Imagine or by the User;

 

-       an inability to access or difficultiesencountered when accessing data hosted by third parties for reasons notattributable to the Company;

 

-       an unavailability or issue regardingaccess to computer systems, applications, websites, or those of partners orothers that Imagine may rely on for the provision of the Services;

 

-       the unavailability or loss by the Userof 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 ator resulting in damage to the computer systems, applications, Websites, or Platformsof the User, the Company, or its partners.

 

In addition,Imagine reserves the right to close access to all or part of the Platformand/or suspend the execution or provision of all or part of the Services in theevent of the occurrence of any of the above-mentioned situations, or in theevent of a threat or danger to its human resources (e.g., its staffmembers) or its technical resources of any nature whatsoever.

 

For scheduledmaintenance operations, Imagine will make its best efforts to inform the Userin advance. However, the Platform may be temporarily closed without priornotice or compensation, and access to or features of the Platform or Servicesmay be limited, particularly for technical or operational interventions orother necessary actions to ensure their proper functioning (e.g.,testing, maintenance, monitoring, troubleshooting, operational modifications orchanges, updates, deployment of a new version, or any other operation deemednecessary by Imagine or accepted by the User).

 

Imagine’s liabilitycannot be engaged in the event of a failure or interruption of the Platformand/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 telecommunicationsresources. It is the User’s responsibility to ensure that the hardware andsoftware used are in proper working condition and do not pose any risks to thesecurity and integrity of the Platform.

 

The User must ensure that their hardware and softwareare compatible with the technical requirements specified by the Platform toguarantee flawless access and use of the Services offered.

 

It is the User's responsibility to protect itsdevices, data, content and software against all forms of digital threats, suchas viruses, malware and other forms of cyber-attack. The User must take allnecessary precautions to prevent the introduction of such threats on thePlatform.

 

The User commits to not compromise the normaloperation of the Platform or the Services. This includes refraining from usingdevices or software that may interfere with the operations of the Platform orimpose an inordinate load on its resources.

 

The User is prohibited from extracting or commerciallyexploiting information or data present on the Platform without explicitauthorization. Crawling, scraping or any other unauthorized extraction methodis strictly prohibited.

 

The content of the Platform may not be downloaded,copied, modified or exploited without the Company’s express consent. Fraudulentor unauthorized access to the Platform, to a User Account, or to any other partof the system, is strictly forbidden.

 

If the User inadvertently accesses a reserved space orinformation not intended for their use, they undertake to inform the Company immediatelyby the appropriate means of communication.

 

The User is solely responsible for any damageresulting from inappropriate use of the Platform, their User Account, or theServices. 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 thissection shall be considered a serious breach of the GTC, which may result inthe immediate termination of the User’s access to the Services and thePlatform, without prior notice and to the User’s sole detriment.

 

The User undertakes to comply scrupulously with theseconditions to ensure the security, performance and availability of the Platformand Services for all users.

 

6.4 Regulation for the use of the Services

When using the Platform or Services, the User mustalways act in compliance with applicable laws and regulations.

 

Furthermore, theUser undertakes not to disrupt, negatively affect or prevent the use of thePlatform or Services by any other user (whether a User or not).

 

The User is alsoprohibited from using or exploiting the Platform or Services to conduct orparticipate in money laundering, pyramid schemes or any other risky or illegaloperations.

 

Furthermore, thecopying, aspiration, extraction, etc. of data obtained or made availablethrough the Platform and/or Services is prohibited.

 

Moreover, the Usermay under no circumstances use an API giving access to the Services in order tooffer a service competing with Imagine.

 

Any breach by the User of theprovisions of the present article constitutes a serious breach liable to resultin the termination without notice of the GTC to the exclusive detriment of theUser and the definitive prohibition for the User to access and use the Platformand the Services.

 

6.5 General principles applicable toServices

The Services are accessible to the User who possessesa User Account validated by Imagine and who has not been subject to, nor iscurrently subject to, any suspension, sanction, restriction, limitation,termination, closure, or deletion procedure.

 

TheServices are exclusively intended for the personal use of the User.

 

TheUser is expressly prohibited – under penalty of legal action – from offeringImagine’s Services via API in order to develop a business that competeswith that of Imagine.

 

Furthermore,Imagine reserves the right, in order to decide whether a Service can beexecuted by a User, to request the User to provide additional specificinformation and/or documents.

 

Furthermore,Imagine reserves the right, without prior notice and without the User beingentitled to any compensation, to refuse the execution of a Service requested bya User, or to suspend a User’s access to the Services or to any specificServices, particularly in the event of a breach by the User of theirobligations or commitments under these GTC, or if Imagine believes that thereare sufficient elements suggesting that the User may be in breach of theirobligations and commitments under these GTC, or for any other reason:

 

-       in the event of detection of unusual orsuspicious activities on the User’s User Account, or suspicion regarding theUser’s identity;

 

-       in the event of detection or reporting ofunauthorized access to the User’s User Account;

 

-       in the event of a request to that effectby a competent authority (such as a subpoena, court order, ongoinginvestigation, etc.);

 

-       if the User fails to provide anyadditional information or documents requested by Imagine;

 

-       in the event of inappropriate behaviorand/or wrongful conduct by the User (such as insults, threats, violence, etc.).

 

These restrictionsmay be lifted by Imagine if it deems that the causes and reasons that led totheir implementation no longer exist, possibly subject to the User providingany 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 theirUser Account, the User must log in using Apple Connect, Google Play Games, ortheir email address.

 

Registrationautomatically 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, theUser attests to the truthfulness and accuracy of the information providedduring the creation of their User Account, and Imagine reserves the right tohold the User or any involved party responsible in the event that theinformation provided is false, inaccurate, or misleading.

 

7.1.1  Conditionsfor creating a User Account

A User Account may only beheld by a natural person, and each person may hold only one User Account.

 

Any person wishingto open a User Account must (i) be a natural person with full legal capacityor, failing that, be at least 15 years old, or (ii) be between 13 and 15 yearsold and have obtained the consent of their legal representative, whose email addressmust 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 isrestricted to individuals aged 18 and over.

 

It is the User’sresponsibility to ensure compliance with these conditions.

 

The content of theaforementioned section, as well as the eligibility conditions or restrictionsfor creating a User Account, may be modified at any time and without priornotice at Imagine’s sole discretion, notably but not exclusively to comply withlegal or regulatory obligations. Imagine shall not be held liable for anyconsequences arising from such restrictions (such as refusal to create a UserAccount, suspension, or even closure/deletion of the User’s Account), includingnew restrictions, related to the User’s country of residence, nationality, orcountry of registered office, or resulting from legal or regulatory obligations.

 

7.1.2 Prohibitions

The creation or openingof a User Account is prohibited for any User whose User Account has previouslybeen closed by Imagine due to the termination of these Terms and Conditions forthe User’s misconduct.

 

Each natural personmay hold only one User Account.

 

The User requestingthe creation of their User Account guarantees that their use of the Platformand Services will not expose Imagine to sanctions and that such use will notviolate any applicable laws or regulations, particularly those relating tocounter-terrorism, anti-corruption, or anti-money laundering.

 

The User alsoguarantees particularly:

 

-       not to be subject to any prohibition onusing the Services resulting, in particular, from legislative or regulatoryprovisions or from an administrative or judicial decision, for example;

 

-       not to submit, upload or distribute anyContent or data on the Platform without possessing the necessary rights orhaving obtained all the required authorizations;

 

-       not to use a User Account that does notbelong to them;

 

-       not to develop a business in competitionwith Imagine, using the Services via API.

 

Any breach by theUser of the stipulations of the present article "Creation of a User Account " constitutes a serious breachlikely to result in the termination without notice of the GTC to the exclusivedetriment of the User and the definitive prohibition for the User to access anduse the Platform and the Services.

 

Furthermore, theCompany reserves the right to refuse the creation of a UserAccount by a User who does not comply with or does not respect the termsand conditions set out in the present article “Creation of a User Account”, and more generally in these GTC, aswell as to temporarily suspend or close/delete the User’s User Account under the conditions set out in thearticles “Suspension of the User Account” and “Closureand deletion of the User Account” herein.

 

7.2 Confidentiality and security of Identifiers and UserAccount

The creation of aUser Account requires the User to choose User Account connection Identifierswhich are personal, unique (i.e., notused on other websites), and which will be necessary to access said UserAccount. To this end, the User will be asked to choose an identification orlogin (i.e., their e-mail address)and a password which must comply with the required format and characteristicsas indicated on the online form requesting the creation of their User Account.

 

The User is solelyresponsible for maintaining the confidentiality of their Identifiers, which arestrictly personal, and agrees to take all necessary measures to ensure thisconfidentiality, including regularly changing their password (i.e., atleast every 6 months). Furthermore, the User is required to keep theirIdentifiers confidential and protect them from any access by or disclosure tothird parties. The User is solely responsible for the personal use of theirIdentifiers and guarantees Imagine against any misuse.

 

The User’sIdentifiers may be reinitialized at any time at the User’s initiative or atImagine’s initiative, provided that the User is notified in advance (it beingspecified that in all cases, the reset must be carried out by the Userthemselves, even if initiated by Imagine).

 

In the event ofpassword loss or theft, or in the case of unauthorized access to their UserAccount, the User will immediately notify Imagine by email at the followingaddress: support@mylovelyplanet.org and follow anyinstructions provided by the Company, particularly to lock access to their UserAccount. The reopening of the User’s User Account following such a lock requestwill be subject to the provision of additional information and/or documents bythe User to verify their identity and the legitimacy of their request forreopening. Imagine shall not be held liable in the event the User fails toprovide the required information and/or documents.

 

The use of the User’sIdentifiers to log into their User Account is deemed, between the Parties, asimputable to the User for any use of the Platform and Services madeconcurrently with their login to the User Account, as well as for any act orevent related thereto.

 

The User is alsoinformed that the connection or access to their User Account using theirIdentifiers constitutes, between the Parties, proof of the authentication andidentification of the User, as well as proof of their identity.

 

Imagine makes itsbest efforts to ensure the security of access to the Services, including theUser’s User Account, and to prevent unauthorized individuals from accessing it.

 

7.3 Suspension of the UserAccount

Without prejudiceto the provisions set forth in the Repudiation - Termination section of theseGTC, Imagine reserves the right to suspend access to the User’s User Accountand to suspend, automatically and without prior notice, the provision of all orpart of the Services, in the event of a violation by the User of theirobligations or commitments under these GTC, or if Imagine deems that there aresufficient elements suggesting that the User may be in violation of theirobligations 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 orsuspicious activity on the User’s User Account, or suspicion of the User’sidentity;

 

-       in the event of detection, suspicion orreport of unauthorized access to the User’s User Account;

 

-       in the event of reasonable suspicion ofuse of the Platform and/or Services in connection with illegal or fraudulentactivities;

 

-       in the event of a request to this effectby a competent authority (petition, court decision, decision or request by anadministrative or judicial authority, ongoing investigation, etc.);

 

-       if the User fails to provide anyadditional information or documents requested by Imagine;

 

-       if the User provides and/or disseminatesUser Content or creates Generated Content that may be qualified as offensive,harmful, misleading, inaccurate, inappropriate, improper or constitutingmanifestly wrongful conduct on the part of the User (insults, threats,violence, etc.).

 

Suspension of theUser Account implies the impossibility for the User to connect to it and/or tobenefit from the Services / to use the Services requiring such a connection tothe User Account.

 

To the extentpossible (and notably, unless prohibited by a competent authority or applicableprovisions), Imagine commits to informing the User of this suspension withoutdelay and to providing the reasons for this suspension.

 

Except in caseswhere the User’s User Account is suspended at the request of a competentauthority, Imagine will indicate to the User, by sending an e-mail to thee-mail address provided by the User in their User Account, a deadline withinwhich the User will be required to remedy the causes of such suspension (forexample, actions to be taken in the event of a breach by the User theirobligations or commitments under these CGT, or provision of information and/ordocuments for analysis by Imagine of the situation, etc.). Unless otherwiseindicated, this period is of 7 (seven) days.

 

Failure by the Userto comply with Imagine’s requests within the timeframe communicated by Imaginewill entitle Imagine to permanently close the User’s User Account for breachand 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 mayrequest the closure and deletion of their User Account directly from their UserAccount.

 

The closure anddeletion of the User Account will be effective within seven days from the User’srequest.

 

The closure anddeletion of the User Account by Imagine will, in any case, occur automaticallywithin 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 Accountin the event of termination of the GTC.

 

In this regard, andunless otherwise stipulated in the GTC, the closure of the User Account impliesthe impossibility for the User to log in and/or to benefit from the Servicesthat require such a connection to the User Account, as well as the deletion ofsaid User Account.

 

It is furtherspecified that it is the sole responsibility of the User to ensure thepreservation and backup of the information and documents provided by Imagine orto Imagine, or more generally via the Platform and/or stored in the UserAccount, as Imagine does not provide preservation, backup, or third-partyarchiving services in this regard.

 

The closure anddeletion of a User Account, regardless of the cause or initiator, will notresult in any compensation of any kind for the User.

 

7.4.2 Specialsituations

If a transaction isin progress at the time of the closure of the User’s Account, Imagine reservesthe right to cancel this transaction before deleting the User Account.

 

In the event of theUser’s death, Imagine may proceed with the transfer of the User Account to theheirs upon a specific and express request from the heirs and upon presentationof the required documentation, subject to the payment of applicable fees forsuch 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

The User shall beliable for the obligations assigned to them under these GTC in accordance withthe rules of French law.

 

Imagine’scommitment is exclusively limited to the provision of the Services inaccordance with the provisions of these GTC and subject to all reservations,particularly in the case of Services provided by a partner of Imagine. Imagineis responsible solely in this regard.

 

In addition to thesituations provided for in these GTC where Imagine’s liability cannot beengaged, the Parties agree that:

 

-       Imagine’s liability for a failure toperform or a non-performance of its obligations under these GTC can only beengaged in the case of proven fault by Imagine. Furthermore, Imagine’sliability can only be engaged for direct damages suffered by the User as aresult of Imagine’s failure to meet its obligations under these GTC.Additionally, Imagine’s liability cannot be engaged for Content created by theUser that may cause harm, whether to the User themselves, third parties, orImagine, following the use of the Platform Services. Specifically, Imagineshall not be held liable for any claims, regardless of the cause, related tothe content, accuracy, compliance, or relevance of the Content, or theviolation of third-party rights by the Content. Moreover, Imagine’s liabilityto the User, unless proven gross or intentional fault, is limited to direct andforeseeable damages at the time of using the Platform. It is agreed that,except for the User acting as a consumer under applicable legislation, anycompensation to be awarded by Imagine to the User, for any cause of harm, shallnot exceed the amount paid by the User on the Platform during the twelve monthspreceding the event giving rise to the liability. The User agrees to use thePlatform Services responsibly, particularly by ensuring the nature of thecontent they choose to generate and distribute, respecting intellectualproperty rights, and refraining from disseminating harmful or inappropriatecontent;

 

-       the conversion rate between Diamonds andMLP displayed on the Application may vary between the moment the User becomesaware of it and the moment the conversion is executed by Imagine, which is notbound by saif conversion rate, which the User understands – the User thereforereleases Imagine from any liability in this regard;

 

-       the User is solely responsible for theContent they produce or upload to the Platform;

 

-       Imagine shall not be held liable for theremoval of Content in the event that the Content violates these GTC;

 

-       Imagine shall not be held liable for anydamages suffered by the User due to non-performance of its obligations byImagine 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 ofabnormal use, including use that is not in accordance with these GTC, orfraudulent or unlawful use of the Platform or Services by the User;

 

-       Imagine is not responsible for theoperation (or malfunction) of the User’s computer equipment, nor for theiraccess 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 offault by the User or damage resulting from the User’s lack of diligence orvigilance, nor for any consequences or damages, of any nature, that may resultfrom it, whether to a third party or another User;

 

-       Imagine is not responsible in the event ofthe User forgetting or losing their Identifiers, leakage or theft of saidIdentifiers, cracking of said Identifiers by a third party, or other instancesof hacking of the User’s Account or access methods to their User Account;

 

-       Imagine is not responsible for data lossor delays that may result from an interruption or suspension of the Platform orServices, regardless of the duration;

 

-       Imagine is not responsible for the User’schoices 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 usingthe Services;

 

-       Imagine is not responsible fornon-compliance with the legislation of the country in which the Services areaccessible, it being specified that the Services comply with the applicableprovisions in France. It is the User’s responsibility, as the sole partyresponsible for choosing the Services they use, to verify their compliance withthe legislation of the country in which the Service is accessible and, moregenerally, with the legislation applicable to them;

 

-       Imagine is not responsible for theprocedures, including administrative and regulatory, applicable to the User;

 

-       generally, Imagine is not responsible forthe malfunction or failure of third-party websites or third-party applications.

 

Imagine cannot beheld responsible:

 

-       for any temporary or permanentunavailability of access to all or part of the Platform or the Services offeredthere, any difficulty related to response time, and generally, any performancefailure, as well as the consequences or damages of any kind that may resultfrom it;

 

-       for any interruptions or disruptions inthe use of the Platform and the Services contained therein, whether voluntaryor not, nor for the consequences or damages of any kind that may result fromthem or from changes or technical or functional developments of the Platform orthe Services;

 

including, forexample (but not exclusively):

 

-       maintenance operations, updates, ortechnical adjustments;

 

-       telecommunications equipment failures or afailure of a network provider (computer network, telephone network, internetnetwork, telecommunications or electronic communication network, etc.);

 

-       and more generally, failures orinterruptions (temporary/permanent, partial/total, etc.) of the Platform and/orthe Services that would be related to any of the cases referred to in thesection “Availability of the Platform and Services”;

 

as well as theconsequences that may result from them.

 

Similarly, Imaginecannot be held responsible for the interception of information transmitted viathe Internet or entered on the Platform, the presence of viruses, maliciouscodes, or any other harmful technologies or logical infections on the Platform,or any consequences or damages resulting from them.

 

Imagine cannot beheld responsible for any consequences or damages, of any kind, arising fromerrors or omissions in the content published on the Platform or in responses tocontact requests, nor for any delay in responding to such requests.

 

In order forImagine’s liability to be engaged, if applicable, the User is required tonotify Imagine of any request or breach related to its obligations under theseGTC, without delay, from the moment the User becomes aware of it.

 

The provisions ofthis article “Liability” shall survive the termination of these GTC, regardlessof the cause, until the completion of their specific purpose.

‍

 

11. Repudiation - Termination

11.1 Repudiation

The User mayterminate the GTC (i.e., end them) at any time and without notice,provided that they delete their User Account in accordance with the terms andconditions set out in the section “Closing and Deleting the User Account”.

 

Imagine isauthorized to terminate and end these GTC, without the User being able to claimany prejudice as a result, under the following conditions and in accordancewith the following procedures:

 

-       in the event that a law, regulation, ordecision by a competent authority makes it impossible to maintain all or partof the GTC (and therefore the Services) between the Parties, or if Imagine hasreasons to believe that maintaining all or part of the GTC (and therefore theServices) 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 articleprohibits or does not allow Imagine to comply with such notice period. Furthermore,Imagine may, at its sole discretion, and subject to the aforementioned noticeperiod, unless the conditions prevent compliance with such notice period,terminate part or all of the GTC (and therefore terminate part or all of theServices) in order to comply with all applicable laws, regulations, ordecisions concerning the Services;

 

-       in the event of a technical or securityissue affecting the Platform and/or the provision of the Services, and subjectto a notice period of thirty (30) days, or, if the conditions do not allow forsuch notice period, immediately without notice;

 

-       for convenience, subject to a reasonablenotice period of no less than thirty (30) days and no more than sixty (60)days.

 

Unless otherwisestipulated in this article, and unless prohibited by a law or regulatory or adecision by a competent authority, any termination initiated by Imagine shallbe preceded by the sending of an email to the address provided by the User intheir User Account, informing the User of the termination and the date on whichthe termination will take effect, in compliance with the deadlines and noticeperiods specified herein. In the absence of an obligation for Imagine torespect a notice period, this email shall be sent concurrently with thetermination.

 

11.2  Termination

The GTC may beterminated at Imagine’s initiative, without prejudice to any damages that maybe claimed from the User, in the following cases:

 

-       for breach by the User of any of theirobligations or commitments under these GTC, particularly in the event of abreach of their obligations under the sections “Description of Services”, “Termsof 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 theirobligations and/or commitments that remains unsuccessful;

 

-       if the User fails to comply with Imagine’srequests within the timeframe communicated by Imagine in the cases referred toin the section “Suspension of the User Account”, seven (7) days afternotification to the User of a formal notice to comply that remains unsuccessful;

 

-       in the event of a serious breach by theUser that entitles Imagine to terminate the GTC without notice and withoutprior formal notice, it is specified that in such a case, Imagine may terminatethese GTC by simply informing the User via email sent to the addressprovided by the User in their User Account or through a notification on thePlatform.

 

in this regard, serious breaches by the User thatentitle Imagine to terminate the GTC without notice include, but are notlimited to:

o   the fact that aUser registers in the name of another person in order to circumvent a ban oncreating a User Account;

 

o  the fact that a User provides false,inaccurate, outdated, obsolete, illegal, or incomplete information (forexample, information about their identity or contact details), or fails toupdate some of this information, or communicates false documents (e.g.,a fake identity proof);

 

o  the fact that a User refuses to accept themodified GTC by requesting the deletion of their User Account;

 

o  the use of the Platform and/or Services,whether voluntarily or not, for illegal, unlawful, or fraudulent purposes or activities;

 

o  the use of the Platform and/or Services,whether voluntarily or not, for the purpose of diverting the Game from itsoriginal non-profit, recreational function;

 

o  the use of “robots” or “bots” to generatemore Diamonds within the Game;

 

o  the creation of multiple User Accounts by the sameindividual;

 

o  the publication of Content that violatesthese GTC – for example, usernames containing statements that violate theprohibitions listed in Article 9.3 of these GTC;

 

o  the User's failure to pay the amounts owedto Imagine (or to one of its partners);

 

o  any other serious breach of these GTC orof applicable laws and regulations.

 

The formal noticesreferred to in this article are sent by Imagine via email to the addressprovided by the User in their User Account and/or by registered mail withacknowledgment of receipt, and they refer to this article.

 

Imagine will theninform the User, by the same means, of the effective termination of the GTC. Inthe absence of an obligation for Imagine to issue a prior formal notice to theUser, an email will still be sent to the User to inform them of the terminationof the GTC.

 

11.3   Consequences

In the event oftermination or denunciation of these GTC in the context of this article “Repudiation– Termination”, Imagine will proceed with the closure and deletion of the User’sUser Account in accordance with the stipulations of the article “Closing anddeletion of the User Account” herein.

 

The Company shallhave the right to refuse any future use of the Services by a User whose UserAccount has been closed due to a breach of their obligations under these GTC,which the User understands and accepts.

 

The clauses whichby their nature or subject matter must survive the termination of the GTC shallsurvive and remain applicable after the termination of these GTC, until the endof their respective specific purpose, unless a specific duration is provided inthe GTC.

 

12. Personal Data and Cookies

Personal dataprocessing may be implemented through the Platform. The User is invited toclick here https://www.mylovelyplanet.org/privacy-policy to access the “PersonalData 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 Useragrees that the Company may:

 

-       disseminate the Content and testimonials free ofcharge on the Platform and on any other French or foreign websites operated byany companies with which the Company has entered into agreements, by any meansand on any medium, for the purpose of promoting the Platform;

-       translate the Content and testimonials into alllanguages;

-       modify (including framing, formatting, and colors)and/or adapt the Content and testimonials (particularly to meet the technicalrequirements of the Platform).

 

The User furtherauthorizes the Company to use, free of charge, the image associated with theUser’s Account as well as their name to promote the Services, by any means andon any medium, worldwide, for the entire duration of the subscription to theServices. Any User wishing to oppose this authorization may inform the Companyby email at support@mylovelyplanet.org.

 

14 Proof Agreement

14.1  Computer traces

The Useracknowledges that the Platform or tools implemented on the Platform, includingwithin the User’s Account or in relation to the Services, ensure thetraceability of certain actions and operations performed (notably theacceptance of the Terms and Conditions), as well as the delivery of certainnotifications and certificates, particularly for security and proof purposes.These traceability procedures generate computer logs or event logs (hereinafterreferred to as “Computer Traces”).

 

The Useracknowledges that the Computer Traces generated by the Platform, as well astheir possible reproduction on paper or electronic media, serve as proof of theuse of the Platform, the User Account, and the Services, including proof ofcontent publication, information input, information delivery, orconsent/acceptance.

 

14.2  Electronic Writtings

The User expresslyacknowledges that exchanges with the Company may take place by any means, inparticular by electronic message to the e-mail address mentioned in the UserAccount or mentioned in the User’s correspondence, or by means of all documentsand other electronic writings resulting from the use of the Services, inparticular Computer Traces, and more generally resulting from the execution ofthese GTC, as well as those accepted or signed electronically (hereinafter the “Electronic Writings”).

 

The Useracknowledges that Electronic Writings can be used as valid proof of a fact orthe content of exchanges, and that in general any trace or any computer and/orelectronic document emanating from Imagine, the Platform, the User Account orthe use of the Services constitutes proof between the Parties.

 

TheUser also acknowledges that Electronic Writing:

 

-       constitute original documents between theParties;

-       are proof between the Parties of themedium and content they represent;

-       justify the consequences and operationsthat may result (for example, proof that an action – including an operation oracceptance for example – has been carried out via the Platform or theUser Account by means of Computer Traces);

-       are the dates and times associated withthe Electronic Writing;

-       are admissible as proof in any court ofcompetent jurisdiction.

 

In any event, theUser expressly waives the right to invoke the nullity, non-application, lack ofprobatory legal value or non-enforceability of Electronic Writings on thegrounds that they originate from Imagine, the use of the Platform, the UserAccount, the Services or Computer Traces, or that they are in electronic form.

 

The User’s failureto manage delegations of authority may not be invoked against Imagine to defeatthe legal value of the Electronic Writing.

 

15. No right of withdrawal

The purchase of Coinsbeing made through Google Pay and Apple Pay, the terms and conditions of thesetwo 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 otherin the 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 forcemajeure. The following are considered as cases of force majeure, in anon-exhaustive manner:

 

-       major breakdowns or malfunctions incomputing or data storage infrastructures;

 

-       lack of energy supply, in particular powercuts 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 Imaginepremises;

 

-       bad weather and climatic events (storms,hail, lightning, hurricanes, etc.);

 

-       natural disasters, earthquakes, floods,water damage;

 

-       pandemics or epidemics significantlyaffecting the staff of Imagine or its main partners, hampering their ability toprovide services;

 

-       governmental or regulatory decisions,including embargoes, sanctions or restrictions on access to criticaltechnologies or information, which prevent Imagine from fulfilling itsobligations;

 

-       sudden and unforeseeable changes inregulations.

 

In such a case offorce majeure, the obligations of the parties under these GTC will be suspendedfor the duration of the event. The parties undertake to make every effort tominimize the effects of force majeure and to resume normal performance of theirobligations as soon as possible once the event has ended.

 

16.2  Non-waiver

The fact that oneof the Parties tolerates a situation, for example the fact of not takingadvantage of the application of certain stipulations of the GTC or of certainlegal or regulatory provisions, whatever the frequency and duration, shall notconstitute a modification of the GTC or have the effect of granting acquiredrights to the other Party.

 

Furthermore, anysuch tolerance by one of the Parties, even if repeated, shall not constitute orbe construed as a waiver by that Party of its right to assert or exercise therights in question or to invoke any of the stipulations of these GTC.

 

16.3  Interpretation

In the event ofdifficulties of interpretation resulting from a contradiction between any ofthe headings appearing at the top of the articles and any of the articles, theheadings will be declared non-existent.

 

16.4  Partial nullity

If one or moreprovisions of the GTC are held to be null and void, invalid, illegal orinapplicable or declared as such, in application of a law, regulation orfollowing a final decision by a court or competent authority, the otherprovisions 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 asindependent Parties and as independent co-contractors, and these GTC shall notbe interpreted in any other way.

 

16.6  Subcontracting

Imagine may, at itsdiscretion, use subcontractors for the purposes of executing the GTC, and inparticular for the provision of the Services, it being specified that Imagineshall remain liable to the User for the execution of the GTC in accordance withthe terms and conditions of the GTC.

 

16.7 Transfer

The User’s UserAccount may not be assigned or transferred to a third party, and the User maynot assign or transfer the GTC, or all or part of their rights and obligationsunder the GTC, to a third party.

 

The User expresslyaccepts, in advance, that Imagine may assign or transfer to a third party theGTC or all or part of its rights and obligations under the GTC without priornotice or information to the User.

 

16.8 Calendar days

Unlessotherwise specified, the times and durations indicated in these GTC are incalendar days.

 

 

18 Mediation and alternative dispute resolution

In accordance withthe 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 accessthe services of a consumer mediator free of charge in order to seek an amicableresolution of a dispute with Imagine.

 

The organizationdesignated by Imagine for this purpose is the Consumer Mediation Center ofJustice Conciliators (Centre de la médiation et de la consommation de conciliateursde justice CM2C).

 

To contact thisorganization, the User can:

-       visit the website: https://www.cm2c.net

-       send their complaint by mail to theaddress: 14, rue Saint Jean, 75017 Paris.

 

A dispute can onlybe 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 thecomplaint as well as all useful information for Imagine to understand,investigate, and assess the causes, consequences, and impacts of thiscomplaint, and sent by email;

 

-       the request is not manifestly unfounded orabusive;

 

-       the dispute has not been previouslyexamined or is not being examined by another mediator or by a court;

 

-       the User submits their request to themediator within a maximum period of one year from the date of their writtencomplaint to Imagine;

 

-       the dispute falls within the jurisdictionof the mediator.

 

The User will beinformed 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 Resolutionplatform, facilitating the independent out-of-court settlement of onlinedisputes between consumers and professionals in the European Union

 

This platform canbe accessed at the following link: https://webgate.ec.europa.eu/odr/

 

 

18. Language – Applicable law and jurisdiction

These GTC are originally written in French. Should they be translated into one or more foreign languages, only the French text will be deemed authentic in the eventof a dispute.

 

THIS PLATFORM IS GOVERNED BY FRENCH LAW. THE CONTENT OFFERED THEREFORE COMPLIES WITHCURRENT FRENCH LEGISLATION. THE WEBSITE EDITOR SHALL NOT BE HELD LIABLE IN THEEVENT 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 OFFRANCE. THIS APPLIES TO BOTH SUBSTANTIVE AND FORMAL RULES, NOTWITHSTANDING THEPLACE OF PERFORMANCE OF SUBSTANTIAL OR ACCESSORY OBLIGATIONS.

 

IN THE EVENT OF ANYDISPUTE CONCERNING THE INTERPRETATION OR EXECUTION OF THESE TERMS ANDCONDITIONS, THE PARTIES WILL USE THEIR BEST EFFORTS TO FIND AN AMICABLESOLUTION. IN THE ABSENCE OF AMICABLE RESOLUTION, THE FRENCH COURTS SHALLHAVE SOLE JURISDICTION TO HEAR ANY DISPUTE ARISING FROM THE APPLICATION OFTHESE GTC OR RESULTING DIRECTLY OR INDIRECTLY FROM THE USE OF THE PLATFORM. THEREFERENCE LANGUAGE FOR THE SETTLEMENT OF ANY DISPUTES IS FRENCH.

 

THESE STIPULATIONSCONCERNING APPLICABLE LAW AND JURISDICTION ARE SUBJECT TO ANY MANDATORYPROVISIONS THAT MAY APPLY TO THE USER AS A CONSUMER WITHIN THE MEANING OF THE FRENCHCONSUMER CODE (IN PARTICULAR ARTICLE R. 631-3 OF THE FRENCH CONSUMERCODE).

 

BY WAY OF EXCEPTION, AND IN THE ABSENCE OF AMICABLE RESOLUTION OF A DISPUTE BETWEEN IMAGINE AND A COMMERCIAL USER WITHIN THEMEANING OF ARTICLE L. 121-1 OF THE FRENCH COMMERCIAL CODE, THE DISPUTESHALL 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 BYPETITION.

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