General Terms and Conditions in force as of 10 May 2016
WeLoveGroup, a limited company (SA) registered in the commercial register of Luxembourg under No. B204550, whose registered office is located at 48, rue de Bragance L – 1255 Luxembourg.
WeLoveGroup has developed the mobile community application “We Love Football”, a tool for sharing content between users offering various features and in particular the ability to qualify, rate and/or share content placed online by Users on social media.
Any use of the application is subject to prior acceptance of these General Terms and Conditions.
ART. 1 : DEFINITIONS
Means the mobile community application “We Love Football”, developed and published by WeLoveGroup and available to registered Users. “We Love Football” is an innovative and original free video hosting application that allows any User to view, access, put online, store, share and comment on their personal videos connected with football.
Means these general terms and conditions of use that any User must accept when registering for the Services and that govern the use of the Application.
The GTC are applicable only to the services actually operational on the Application. They apply immediately as soon as a new feature is made available on the Application.
Means any element, in particular texts, videos, scripts, photos, sounds, music, audiovisual combinations and interactive features downloaded by users on the Application.
Means the counting unit of rewards attributed to the User according to the action that he takes on the Application.
Means the services and features offered by WeLoveGroup through the Application, to its Users.
The storage space allocated to the User is unlimited (unless notified otherwise by e-mail), the size of each video being restricted according to the medium (Android 30MB or 15sec / iOS 50MB or 30sec) in order to control the bandwidth costs. Since the Application is not designed for storing videos and the Services do not cover such a service, it is the User’s responsibility to take the necessary measures for this purpose. Finally and in accordance with the practices and usages of the Internet, advertising may be inserted in the Application.
It is recalled that the connection charges related to the use of the Services are not borne by WeLoveGroup and remain the User’s responsibility.
Means the simultaneous digital transmission of the content by WeLoveGroup via the Application, on a device with Internet access and managed by the User, such that the data is intended to be viewed in real time and not to be downloaded (either permanently or temporarily), copied, stored or redistributed by the User.
Means any person who has downloaded the Application and has registered to use it.
ART. 2 : SCOPE OF APPLICATION
Any registration and/or signing-up to free or paid-for Services according to the case, implies unreserved acceptance by the User of the provisions of the GTC that he expressly acknowledges having previously read, understood and accepted.
In the case of the use of the Services in a professional capacity, the User must have the rights, permissions and/or powers necessary to accept the GTC on behalf of the company, association, partner or any other entity, for which he uses or accesses the Services.
The User recognises and expressly accepts the provisions of this article and recognises that they constitute an essential and decisive condition of the consent of WeLoveGroup.
The current version of the GTC is available at any time and with unrestricted access on the Application. WeLoveGroup may modify the GTC at any time according to certain technical, economic, legal or commercial constraints such as putting new services online.
In this case, special mention of these changes will be indicated in the Application.
The User expressly acknowledges and accepts that the use of the Application after the date of the changes, constitutes acceptance of the modified version of the GTC.
If this is not the case, the User can deregister and this deregistration will take immediate effect.
The consequences of the deregistration or deletion of the Account regardless of the reason are referred to in Article 3.3 below.
WeLoveGroup reserves the right to suspend any transaction or to immediately cease its Services for a User’s benefit, particularly if the latter is involved in an unfair commercial practice or breaches a provision of the GTC.
ART. 3 : USER STATUS
The Website is freely accessible to any person:
- Legally able to commit himself;
- Who has a media communication device (mobile, tablet or other) compatible with the application which has a normal recent hardware and software configuration and a broadband Internet connection;
- Who has downloaded the Application onto the device referred to in (1) above;
- Who has a Facebook profile;
- Who accepts the GTC in accordance with Article 2 above.
Acquiring User status is achieved by opening a user account (« Account ») in accordance with the indications of the Application and in particular by the communication of the identifiers provided by third-party sites partners such as Facebook.
The chosen identifier must not infringe the rights of third parties – in particular the rights related to names or trademarks – or be offensive or use the words “weLoveGroup” and/or “welovefootball”.
The User undertakes to provide accurate, complete, and up-to-date information. The truthfulness and accuracy of the information communicated by the User for opening his Account are assumed and for which he is held to account, particularly with regard to his identity.
An e-mail confirming the registration process will be sent to the User to the electronic address linked to the account connected to the third party site though which he has registered (e.g. Facebook) or on any messaging system chosen by WeLoveGroup and accessible through the User’s media device.
3.3 Deletion of the Account
Any User can delete his Account by logging in to the Application.
WeLoveGroup will delete the User’s personal data in accordance with its policy for managing personal data (cf. Article 8 below).
WeLoveGroup reserves the right to delete a User's account, in particular if:
- The User breaches a provision of the GTC, in particular with regard to the Content;
- WeLoveGroup notes a lack of connection to his Account by a User for a period of two (2) years and after sending a reminder e-mail which has remained without effect for eight (8) weeks;
- The User adversely affects other Users;
- The User adversely affects the image of the Application, WeLoveGroup or its partners and/or sponsors.
The deletion of the Account for whatever reason, does not call into question the assignment of the intellectual property rights over the User’s Content as referred to in Article 6.2 below.
The User’s Account is personal.
The User undertakes:
- To have only one Account on the Website,
- To use this Account only for his own use. All actions performed under his ID are assumed to have been carried out by him.
- To regularly update his information by logging in to his Account,
- Not to assign his Account to a third party or to another User,
- To keep his identifier codes confidential. In the event of forgetting his identifier codes, of misuse or non-authorised use of his identifier codes, the WeLoveGroup declines any responsibility and the User must immediately inform WeLoveGroup of this situation, by e-mail to the address email@example.com
ART. 4 : SERVICES
The Application, in particular, allows the User:
- To upload, disseminate, publish, display and/or share content, in particular video content and allows other users to view it and vice versa;
- To qualify (LOVES, SUPER LOVES, etc.) other Users’ Content;
- To share his Content or a particular piece of Content with the community of all or part of the Users of the Application or of another social media site such as Facebook or other;
- To accumulate points according to the evaluation and popularity of the Content that he disseminates, which can then be used to acquire products or services distributed by WeLoveGroup and/or its partners.
4.2 Rules of Use
The use of the Application is subject to compliance with very strict conditions.
It is recalled that the connection charges related to the use of the Service are not borne by WeLoveGroup and are the User’s exclusive responsibility.
The User expressly undertakes:
- To comply with the provisions of public law;
- Not to make unlawful or prohibited use of the Application;
- Not to modify, alter or divert the Services provided by the Application;
- Not to circumvent or prevent the operation of the security developed by the Application to protect the Content and Services;
- Not to use the Application to canvass other Users to obtain a commercial activity;
- To publish only Content that complies with Article 5 below. In particular not to publish content which is identical or which differs only in its duration.
- Not to influence artificially (himself or through the intermediary of a third party as well as automatically or manually) the number of points earned through video downloads, views, impressions and/or associated clicks and/or likes and/or shares both of the Content of other Users and his own;
- Not to encourage other people or offer them reward, financial or otherwise, for artificially influencing the number of views, impressions on the number of associated views, impressions and/or clicks and/or “likes” and/or shares of the Content of other Users or his own.
4.3 Costs and Payment
The costs of acquiring the Application and/or using the Services are indicated in the Application.
Payment is made via the mobile application download platforms.
The Application allows the User to accumulate Points according to the actions that he carries out on the Application.
These Points are awarded according to a set of criteria established by WeLoveGroup.
- Publication of a piece of Content = 200 points. Only the content upload is taken into account. In particular the repeated posting of identical content or versions of the same content with different durations, and more generally any post which aims to subvert the bonus system or which corresponds to article 4.1 and 4.2 will, even at a later stage, lead to the deletion of unfairly won points and may lead to prizes being withheld from the user if necessary.
- “LOVES” qualification of a piece of Content = 30 Points
- New follower of the User’s Account = 60 Points
WeLoveGroup reserves the right to change the conditions for awarding Points at any time and at its sole discretion.
Points give the User access:
- to status levels such as:
- up to 5,000 points: “just for fun”
- between 5,000 and 10,000: “experienced”
- greater than 50,000: “competitor”
- greater than 100,000: “pro”
- greater than 300,000: “champion”
- To various rewards and loyalty gifts requiring a set number of Points to be spent whose number varies according to the gifts offered by WeLoveGroup. The number of Points needed is displayed on the Application for each gift.
VIP status is granted to any User exceeding 300,000 Points.
WeLoveGroup reserves the right to change the number of Points needed for the allocation of gifts at any time and at its sole discretion.
ART. 5 : CONTENT
The User expressly agrees that his Content exclusively presents only activities based on live filmed football.
WeLoveGroup expressly prohibits any dissemination of Content:
- Contrary to these GTC;
- Contrary to good morals;
- That is violent, pornographic, sexually suggestive or that incorporates scenes of nudity;
- Of a malicious nature, denigrating, intentionally misleading and/or of a discriminatory nature, fraudulent, hateful, defamatory or such that it infringes an individual’s privacy;
- Containing political, philosophical or religious opinions or opinions against a trade union or a sexual community, or condoning crimes against humanity;
- Including links to other websites, whose activities are competing or related to the Services;
- Including links to external content such as personal pages;
- Including any form of advertising;
- That contains other shared content (film from any other screen) with the exception of content originally produced by the user himself.
5.2 Respect of the Rights of Third Parties
- Intellectual Property
Any User must first ensure that the storage and dissemination of a piece of Content via the application does not constitute a violation of the intellectual property rights of third parties (in particular, clips, television programmes, short, medium and/or long personal films whether or not animated, advertisements that he has not made personally or for which it he does not have the necessary permissions from third parties or from collecting societies, the holders of rights to these materials).
By putting Content online, the User guarantees that he holds all the rights and permissions that are necessary from the right holders in question and that he has paid all the rights and payments due for this purpose to the collecting societies.
- Personal Data
Any User must first ensure that the dissemination of a piece of Content via the Application does not infringe the image right or an individual’s privacy and is not contrary to the applicable regulations on the protection of personal data.
5.3 Liability for the Content
WeLoveGroup makes its best endeavours to ensure the security and monitoring of the Content disseminated through the Application.
Concerned with respecting the rights of third parties and the quality of the Content, WeLoveGroup has ensured that viewing the Application’s Content is automatically associated with a link allowing a piece of Content to be notified and any misuse reported firstname.lastname@example.org
WeLoveGroup reserves the right at its discretion to check the Content and make the final choice to delete the contentious Content or otherwise.
However, WeLoveGroup disclaims any responsibility regarding a piece of Content that it would have been unable to intercept or delete prior to its dissemination.
The User acknowledges that although he may come across Content that is inaccurate, shocking, inappropriate for children or that does not meet his needs, he shall not be able to seek the liability of WeLoveGroup which acts simply in a hosting capacity.
Should the Content fraudulently contain links to other websites, the User alone is responsible for accepting being redirected by these links and acknowledges that WeLoveGroup cannot be held responsible in any way whatsoever with respect to this redirection.
Any Content breaching any of the provisions of these GTC will be immediately removed and/or the User’s Account in question disabled without any prior formality.
WeLoveGroup reminds all Users that the breach of certain provisions of the GTC makes them personally liable for specific criminal penalties in relation to contentious content (imprisonment and/or fines), in addition to possibly being ordered to pay damages.
The User indemnifies WeLoveGroup against the consequences of all claims relating to the rights of the Content that it disseminates via the Application, from any third party claiming the infringement of a right of any kind on the basis of an intellectual property right or any other right belonging to him.
The User undertakes to indemnify WeLoveGroup for any harm suffered by it and to reimburse damages, costs, in particular of counsel that it may have incurred in relation to this.
ART. 6 : INTELLECTUAL PROPERTY RIGHTS
6.1 Intellectual Property of WeLoveGroup
WeLoveGroup is the owner or holder of the intellectual property rights for the Application and in particular all the texts, comments, works, illustrations, logos, icons, or any graphic or design element, architecture, software, videos, images, music, etc., regardless of whether they are visual or audio, reproduced on the Application as well as databases for which it is the producer within the meaning of the provisions of the Intellectual Property Code (the “Elements of the Application”).
All the Elements of the Application are protected by copyright and/or of the law of trademarks and/or of the sui generis right of databases for the entire world. WeLoveGroup will take any action necessary to preserve its rights and interests against any person who, without its prior and written permission, reproduces, represents, translates, extracts, adapts, translates or disseminates in any way, all or part of the Elements of the Application.
6.2 The User’s Intellectual Property
Each User must ensure he has all the rights and permissions necessary to disseminate his Content prior to doing so (see Article 5).
By uploading on the Application, Content protectable by copyright for trademarks, databases or other, the User confers on WeLoveGroup, for the entire legal term of copyright and for the whole world, a non-exclusive right to reproduce, represent, translate and adapt the content on the Application and on any other medium, existing or not-yet-existing, on which WeLoveGroup decides in the future to port the Application, such as for example a website.
This right includes, as needed, the right to adapt the format of the said Content if required.
This transfer of intellectual property rights over the User’s Content does not end with the deletion of the Account.
The User indemnifies WeLoveGroup against the consequences of all claims relating to the rights of its Content from any third party alleging an infringement of an intellectual property right.
The User undertakes to indemnify WeLoveGroup for any harm suffered by it and to reimburse damages, costs, in particular of counsel that it may have incurred in relation to this.
Given the community dimension of the Application, the User expressly accepts that other Users of the Application, free-of-charge and exclusively for personal use, have the ability to view and share the User’s Content on the Application or from the latter on other electronic communications devices (in particular, throughout the hosting of the Content on the Application).
6.3 Intellectual Property of other Users
Users are not authorised to access the Content of other Users for any reason other than personal non-commercial use, as planned and authorised by the normal features of the Application and the GTC and only for Streaming purposes.
If a User wishes to use another User’s Content for another use, in particular commercial use, it is his responsibility to obtain from him the necessary permissions in advance.
ART. 7 : LIABILITY
WeLoveGroup acts only in the capacity of a technical intermediary and limits its Services to the provision of a community platform offering various features, in particular, the hosting of Content.
WeLoveGroup cannot guarantee to the User that these Services will be free of mistakes, errors or defects or that they will meet the expectations and constraints specific to each User.
Given the Internet’s intrinsic characteristics, the Content transmitted is not protected against the risk of diversion and/or hijacking, for which WeLoveGroup cannot be held responsible. It is the User’s responsibility, if necessary, to take all appropriate measures to protect this Content.
WeLoveGroup reserves the right to temporarily suspend access to the Application or to certain features for ongoing or corrective technical maintenance operations that are particular to its operation.
- May in no case be declared liable in the event of a total or partial suspension of its Services in the case of a force majeure event, the application of a judicial or administrative decision or disruption of the telecommunications, computer and/or telephone networks, and
- Disclaims any liability with regard to any loss of information related to Users and recommends that they regularly organise the personal backup of their Content and information.
The services delivered by WeLoveGroup on the Application do not cover a check of the Content.
WeLoveGroup’s liability may only be involved if it has been notified of the illicit nature of the activities or information stored by a User on the application. Accordingly, WeLoveGroup reserves the right to delete any Content and/or Account infringing any legal provisions or regulations or contrary to the GTC.
WeLoveGroup’s liability is expressly limited only to cases of the non-performance of the GTC and as such it only has a simple obligation of means that the Users expressly acknowledge.
Any User of the Website whose behaviour has revealed an infringement of the provisions of the GTC or which has led to harm or a risk of harm to the security of the Users may have his Account deleted by WeLoveGroup without this User being able to seek compensation of any kind.
ART. 8 : DATA PROCESSING AND FREEDOMS - PERSONAL DATA
WeLoveGroup makes the protection of the Users’ personal data a priority in its capacity as an entity “responsible for processing” within the meaning of the European Directive 95/46/EC.
By “Data”, WeLoveGroup means all the User’s information that he voluntarily provides during his registration for opening an Account or that will be collected when using the Application.
The Data include both the “Registration Data” and the “Use Data” as referred to below:
- The Registration Data are the data communicated during registration by the User or at his request by a third party website on which he is registered (Facebook) such as, in particular, ID, last name, first name, sex, date of birth, photo and a valid email address. These Registration Data are not automatically public. Nevertheless, the User may decide to make public certain of these Data in his Account and under his responsibility.
- The Use Data are collected automatically when using the Application.
WeLoveGroup may establish automatic tracking processes (cookies or tags) of Users which collect data (pages visited, the type of browser used, time and date of navigation, advertisements clicked by the User, etc.) to improve and/or personalise its Services in relation to them or allow them faster access to the Application.
WeLoveGroup also uses so-called “session” cookies required to analysis the use and the tree structure of the Application for the purpose of continuously improving the Services and the technical resources accessible by the User.
The User may oppose these processes, by modifying the parameters of the media device with which he uses the Application. However the technical opposition to these processes may lead to making it impossible for the User to use the Application or may limit its possibilities.
The data are processed only for the purposes referred to below and more generally to comply with the legislation in force applicable to Internet technology providers.
The collection of Registration Data is required to create the Account and to enable the User to benefit from the Application’s features and more particularly to put online, store and share Content as well as to comment on and qualify them.
These data are used only after the User’s consent, except within the context of a specific program or a specific function that he can activate or block or for non-commercial purposes (newsletter for example) which he may oppose.
The Collection of Use Data is used to compile statistics regarding the viewing of pages on our website (popularity of a piece of Content, traffic generated, etc.) or possibly to carry out territorial restrictions of access to certain Content according to the country in which the Application is used.
These data may be used to optimise the operation and improve the quality of the Services and the relevance of marketing or advertising campaigns.
WeLoveGroup does not use these tracking tools to transmit these data to third parties or to marketing platforms, or to link the data with the personal data (name, address, etc.) without the User’s express consent. If applicable, this consent will be sought from the User in advance.
The User is aware that the international dimension of the Application may justify the communication of certain data by WeLoveGroup to certain Users who reside in countries outside the European Union and in which the management of personal data is subject to different regulations.
Acceptance of the GTC is deemed to be formal and total acceptance of these transfers.
The Data may also be disclosed in application of a law, a regulation or pursuant to a decision of a competent regulatory or judicial authority.
The Data are stored on the servers of WeLoveGroup and are retained for the duration strictly necessary for the use of the Account. However, as of the deactivation of the User’s Account regardless of the reason, the Data and the associated Content will be retained for a period of one year.
8.5 Right of Access
WeLoveGroup ensures strict compliance with the legal provisions applicable to the protection of personal data.
Any User has a right of access, modification, rectification and deletion of data regarding him that is exercised by sending an email to the address email@example.com or a postal letter to WeLoveGroup – Protection of Personal Data Department.
ART. 9 : NON-WAIVER
If one or more provisions of these GTC are judged to be invalid or declared as such pursuant to a law, a regulation or as a result of a decision which has become definitive of a competent court, the other provisions will retain all their force and scope. If applicable, WeLoveGroup undertakes to delete and replace immediately the said clause by a similar, legally valid clause.
ART. 10 : TITLES
In the event of difficulty of interpretation between the title and the text of any of the articles or any of the clauses, the titles will be deemed to be non-written.
ART. 11 : APPLICABLE LAW AND JURISDICTION
The GTC are governed by the law of Luxembourg.
Any disagreement arising out of the interpretation or the performance of all or part of the Contract will be subject to an attempt to reach a mutual settlement, during a period which may not be less than thirty (30) days from the date of the first notification of the disagreement.
At the end of this mutual agreement procedure and in the event of a challenge, express jurisdiction is attributed to the courts of Luxembourg.