Eldarya is a virtual adventure and romance game. You incarnate the character of a high school student who magically finds herself in the fantastical world of Eldarya. The aim of the game is to help her advance through the game’s episodes, during which she will have to complete specific missions. During her adventure, she will also have the possibility to meet numerous characters, some of them may be romantic interests.To do this, the player (VISITOR) must complete different objectives to enable their character to advance within the episodes and build a relationship with the boy she likes the most, and experience a beautiful and romantic adventure.
These TERMS OF SERVICE govern all the different uses of the PLATFORM accessible on https://www.eldarya.com. They are a binding agreement concluded between:
You and Beemoov are hereinafter collectively referred to as the "Parties"
Important : Before you become a MEMBER, you must read and accept all terms in, and linked from and to, these TERMS OF SERVICE. Any use of the site www.eldarya.com. constitutes your unconditional acceptance by the USER of these TERMS OF SERVICE (hereinafter “Terms”). If you do not agree with them, you should leave the Website and discontinue use of the PLATFORM immediately. YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT. YOU ACCEPT ALL TERMS AND CONDITIONS OF THIS AGREEMENT.
Registration to use the PLATFORM is generally open to any individual. All minors (including individuals under the age of 18) must obtain authorization from their parent or legal guardian.
The purchase of "credits” and other premium paid PLATFORM usage privileges is restricted to persons over the age of 18 and to minors acting under the authorization and any applicable supervision of a parent or legal guardian. You are not authorized to use this site if you are a minor not under such supervision.
BEEMOOV reserves the right, in its sole discretion and without any liability whatsoever, to refuse or terminate the registration for any individual, including without limitation for failure to adhere to the spirit of the PLATFORM or for violating the image or goodwill of BEEMOOV.
Any connection to an ACCOUNT of a MEMBER using the email address and password chosen at the time of registration will be deemed to be made by the MEMBER. The MEMBER is responsible for any use by someone else and for updating all registration information from time to time.
Registration to the PLATFORM is free. An individual can open only one unique ACCOUNT.
However, the MEMBERS have the right to purchase different credits using different methods of payment.
These credits are also accessible by other methods such as purchased sponsorship.
Purchased credits are completed purchases that are valid for an indefinite period for use solely on the PLATFORM. Once purchased, credits are non-refundable and have no cash redemption value (or, if applicable law requires a cash value, the cash value shall be $0.00001 per $1.00 nominal purchased bonus credit).
If the ACCOUNT of a MEMBER is closed, no matter the reason or cause, the credits are lost and non-refundable.
The ACCOUNTS may be used only by the individual MEMBER and are nontransferable. Any such attempted transfer is void.
4.1 Rights and responsibilities of the USER
Any USER who enters the forum accessible on the PLATFORM must respect the intellectual property rights and other rights of the authors.
USERS may not copy, reproduce, publish, perform and/or distribute any contributions posted on the forum on other forums or other material.
Any USER can nevertheless reproduce the contents of the forum for private consultations or reproduce and broadcast brief excerpts of a message, for information or research, citing the name of the forum and that of the author of the message. Such reproduction may not use the author’s real name where the author has chosen to adopt a screen name.
We recommend that MEMBERS use “screen names” as a technique for protecting their privacy.
4.2 Rights and responsibilities of the CONTRIBUTOR
Any CONTRIBUTOR retains ownership and intellectual property rights of the CONTRIBUTOR’S message, subject to the Terms.
The statements made on the forum are published under the sole responsibility of the CONTRIBUTOR. Thus, the CONTRIBUTOR agrees to:
4.3 Monitoring and Moderation
BEEMOOV uses reasonable efforts to monitor and moderate all contributions of Content to a forum. However, we assume no responsibility for monitoring or moderating any content, and no obligation to modify, delay or remove any inappropriate content, and no responsibility to you or the CONTRIBUTOR for any failure to take any action regarding any content posted by a CONTRIBUTOR.
We use individual moderators to seek and to verify that messages published on the forum comply with the Terms. Such efforts might not be completely effective.
The moderator (and BEEMOOV generally) reserves the right to delete any contribution for any reason or no reason. This may include content that does not relate to the topic of discussion, is contrary to the editorial policy of the PLATFORM, is contrary to the law, or that BEEMOOV decides in its own absolute discretion is undesirable.
4.4 Prohibited Content
The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the PLATFORM. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, removing the offending communication from the PLATFORM and terminating the Membership of such violators.
Prohibited Content includes, but is not limited to Content that, in our sole discretion :
4.5 Prohibited Activities
The following is a partial list of the kind of activity that is illegal or prohibited on the PLATFORM and through your use of the PLATFORM. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities.
Prohibited activity includes, but is not limited to:
Payment for any violation would only be requested when it is reasonably certain you were the actual source of the violation, and not as a result of identity theft, hijacking, impersonation, or any other usage of your account by another individual. In the absence of evidence of such abuse by a third party, BEEMOOV may presume you were the actual source of the violation.
If you are interested in using the PLATFORM for organizational, entity, commercial or institutional use, please contact: firstname.lastname@example.org
Any published message remains, nevertheless, the sole responsibility of its author.
USERS can request verification of any disputed message posted on the forum by contacting the support at the following address: email@example.com
4.6 Copyright Infringement Policy
You may not post, modify, distribute, perform or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is our policy to terminate Membership privileges of any MEMBER who repeatedly infringes the copyright rights of others upon receipt of proper notification to us by the copyright owner or the copyright owner's legal agent.
Without limiting the foregoing, if you believe that your work has been copied and posted on the PLATFORM in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the PLATFORM; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Our Copyright Agent for notice of claims of copyright infringement can be reached as follows:
Copyright Agent, BEEMOOV SAS 57 boulevard Gaston Serpette 44000 Nantes, France,
France Facsimile: +33 (0)1 84 16 32 99; firstname.lastname@example.org
If you knowingly materially misrepresent your claim of infringement, you will be liable for any damages, including costs and attorneys' fees, incurred by us for injury by your misrepresentation, as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.
5.1 USER Obligations
When using the PLATFORM, each user agrees not to undermine public order and to comply with the rules and regulations, to respect the rights of third parties and to comply with the provisions of these Terms.
The USER is solely responsible for editing any editorial or graphic content.
Each USER must:
5.2 Obligations of BEEMOOV
The general obligation of BEEMOOV is an “obligation of means” within the meaning of applicable law. BEEMOOV has no obligation of result or enhanced means of any kind.
BEEMOOV is committed to ensure continuity of access and usage of PLATFORM, 7 days a week and 24 hours a day.
BEEMOOV is a host, defined within of Article 6 I 2 of the Act of June 21, 2004. As such, BEEMOOV agrees to withdraw promptly all illegal content (work or comments) as soon as BEEMOOV is informed of such content.
Notification of illicit content must be done by e-mail to email@example.com or by registered mail with recorded delivery.
In both cases, in order for the notification to be valid, it must present all elements prescribed in article 6 I 5 of the Act of June 21, 2004:
You agreed that you are making use of the PLATFORM and any related websites , services, applications and forums at your own risk, and that they are being provided to you on an “AS IS” and “AS AVAILABLE” basis. BEEMOOV expressly disclaims any warranty of merchantability, fitness for a particular purpose or non-infringement. YOU ASSUME ALL RISK ASSOCIATED WITH THE QUALITY, PERFORMANCE, INSTALLATION AND USE OF THE SOFTWARE INCLUDING, WITHOUT LIMITATION, THE RISKS OF PROGRAM ERRORS, DAMAGE TO EQUIPMENT, LOSS OF DATA, OR UNAVAILABILITY OR INTERRUPTION OF OPERATIONS. BEEMOOV cannot guarantee and does not promise any specific results from use of the PLATFORM.
BEEMOOV is not liable for:
If you have a dispute with any other USER, you indemnify and release us (and our affiliates, subsidiaries and our and their respective officers, directors, employees and agents) from, arising out of or related to all claims, demands and damages (actual and consequential) of any kind and nature, known and unknown, arising out of or in any way connected to such disputes. You expressly waive all statutory protections that might limit such a release.
In any case, it is up to the USER to prove the fault of BEEMOOV in order to challenge its liability, which will be strictly limited to direct damages. IN NO EVENT SHALL BEEMOOV OR ANY LICENSOR, SERVICE PROVIDER OR SUPPLIER TO BEEMOOV BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE PLATFORM, EVEN IF BEEMOOV OR SUCH OTHER PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN. BEEMOOV’s LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF AMOUNT PAID, IF ANY, BY YOU TO BEEMOOV FOR THE PLATFORM DURING THE MOST RECENT THREE MONTHS OF THE TERM OF MEMBERSHIP OR (Ten Dollars). USER agrees that such limitation does not deprive USER of an essential remedy.
You agree to indemnify and hold BEEMOOV, its subsidiaries, and affiliates, and their respective shareholders, directors, officers, agents, partners, licensors, contractors, service providers and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, expenses and costs, made by any third party related to or arising out of your use of the PLATFORM in violation of this Agreement, arising from a breach of this Agreement, and/or if any Content that you post on the PLATFORM or through the PLATFORM causes us or any such other indemnified person to be liable to another.
7.1 Property of BEEMOOV
The trademarks, logos, slogans, graphics, photographs, animations, videos, software and text contained on the PLATFORM are the exclusive property of BEEMOOV and may not be reproduced, used or represented without the express permission of BEEMOOV or its partners, under penalty of law. .
Any total or partial reproduction, use or representation of the PLATFORM, by any means whatsoever, without the express permission of BEEMOOV is prohibited and shall constitute an infringement punishable by articles L.335-2 et seq and Articles L.713-1 et seq of the Code of Intellectual Property.
The practice of deep links to a page of the website www.eldarya.com/ is prohibited without the express permission of BEEMOOV.
BEEMOOV expressly prohibits:
1 ° the extraction, by permanent or temporary transfer, of all or any substantial content of a database to another medium by any means; and
2 ° the use, by making available to the public, all or any substantial content of the database, regardless of the form.
7.2 Grant of License by CONTRIBUTOR
In the event that an item provided by a CONTRIBUTOR would be considered a work within the meaning of Article L 112-2 of the French Intellectual Property Code, by express agreement and only in connection with the use of PLATFORM, the CONTRIBUTOR grants a license of exploitation rights necessary for the use and publication of said work, including rights of reproduction, representation, modification, public performance, public display and distribution solely on and through the PLATFORM. This license is granted free of charge to BEEMOOV for use with the PLATFORM.
Accordingly, BEEMOOV can reproduce, use and represent the work of the MEMBER, in any format on any other page of the PLATFORM.
This license is non-exclusive and transferable for the duration of the intellectual property rights of the work and throughout the world.
The CONTRIBUTOR warrants that any works the CONTRIBUTOR publishes do not constitute a violation of intellectual property rights, or create any unfair or abusive competition, or otherwise violate any law, rule or regulation. Thus, the CONTRIBUTOR agrees to defend BEEMOOV and bear all costs (including attorneys’ and experts’ fees) against any claim concerning any such works and their normal use.
Each USER may terminate its registration on the PLATFORM by requesting the closure of the USER’S personal account to BEEMOOV. This request shall be deemed effective the business day following receipt by BEEMOOV.
Upon termination, all personal data concerning the USER will be immediately removed, except data that identifies a content editor for the purposes of the Act of June 21, 2004, which are kept for one year before being destroyed.
Without prejudice to other provisions of these Terms, BEEMOOV may terminate a USER's ACCOUNT
(i) without notice or demand in case of serious breach by the USER of any of its breach and requesting the USER to comply with these Terms, the changes are not made within 15 days or such shorter period as BEEMOOV may require;
(ii) the ACCOUNT remains inactive for more than twelve months continuously;
Any termination by BEEMOOV shall not impair its right to obtain damages from the USER, or USER’s legal representatives, and their respective successors and assigns, for losses (including reasonable attorney’s fees) incurred by such neglect of obligations.
The USER will be notified by email of the cancellation or confirmation of the termination of the USER’s personal account. The USER’s data will be destroyed at the USER’s request or at the expiration of the legal time after the termination of the account, but BEEMOOV may retain USER’s data in a separate archive for purposes of pending or anticipated disputes with USER or any third party relating to the USER or, after removal of the USER’s screen name and real name, if applicable, for data analytics.
9.1 - BEEMOOV is committed to implementing the best means to respect the legal measures and regulations relative to the protection of personal data and notably the measures of the European General Data Protection Regulation (EU) 2016/679.
BEEMOOV is committed to implementing the best means to:
BEEMOOV is committed to not transfer personal data to third parties other than their subcontractors who intervene to ensure the purpose(s) of the service, notably the host subcontractor.
9.2 – BEEMOOV conserves the personal data during a period of 3 years after the date of the termination of a user account, no matter the reason of the termination. The personal data will then be archived in a manner that respects BEEMOOV’s legal obligations, then deleted.
9.3 BEEMOOV reminds its users that they can exercise their right to access, interrogate, rectify, oppose and understand the portability of, request the erase of and limit the treatment of their personal data by contacting: firstname.lastname@example.org.
Nevertheless, BEEMOOV informs it’s users that we may ask for a proof of identity. The response time delay concerning any of the cited rights will take effect upon BEEMOOV’s reception of said proof of identity.
9.4 – The Commission nationale de l'informatique et des libertés (CNIL) is the authority whose mission is to ensure that the European General Data Protection Regulation is applied. The contact information for this administrative body is available on their internet site: www.cnil.fr.
Personal data collected on the platforms https://www.eldarya.com/ and https://www.eldarya.com.br/ will be stocked on a server owned by our partner, OVH. This server is located in Beauharnois, Canada.
BEEMOOV reserves the right to modify these Terms at any time. Changes shall take effect the first day of the month following their publication on the PLATFORM or, if earlier, the date when BEEMOOV sends you an e-mail identifying such modified Terms.
Any registration (and any use of the PLATFORM) after the date of publication of modified Terms will be deemed as having been made after consenting to the new version of the Terms.
Any MEMBER registered before the application of amendments to the Terms retains the right to cancel his or her ACCOUNT at any time as provided in Article 8 TERMINATION.
No other guidelines or documents can create obligations not included in the Terms unless agreed in writing by both Parties.
The fact that one of the Parties did not require the enforcement of any provision of these Terms, whether permanently or temporarily, will in no way be considered a waiver of such provision.
The titles contained herein are for convenience of reference only and shall not be used to interpret the meaning of these Terms.
If any provision of these Terms were to be deemed invalid under a statute or regulation in force and/or a court decision, it will be disregarded but will not affect the validity of the remaining provisions which shall remain fully applicable.
Unless otherwise stated, all references to a law or regulation refers to the laws of France.
All of our rights and obligations under this Agreement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. Nothing in this Agreement shall prevent us from complying with the law. This Agreement does not confer any third party beneficiary rights.
The PLATFORM is controlled and operated by BEEMOOV from its offices in Nantes, France. By accessing the PLATFORM or otherwise consenting to the USER’s access to the PLATFORM, each Party agrees that the statutes and laws of France ( without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods) will apply to all matters arising out of or relating to the relationship of the Parties, the use of the PLATFORM and the purchase of products and/or PLATFORM services available through the PLATFORM, and each Party further agrees and hereby submits to the exclusive jurisdiction and venue of the courts of Nantes, France with respect to such matters. Each Party waives any right to commence any action in connection with this Agreement in any court outside Nantes, France. Each party hereby agrees to submit to the jurisdiction of such courts without reservation as to inconvenient forum or lack of jurisdiction. Each party agrees to accept service of process by registered or certified mail, return receipt requested, or, if a Party has not submitted information sufficient for such postal mailing, by e-mail to the e-mail address that you have provided in registration or otherwise, with a copy to the Internet Service Provider that hosts the Internet domain that is the ICANN-registered registrant hosting such domain. EACH OF THE PARTIES HEREBY WAIVES TRIAL BY JURY IN ANY ACTION ARISING OUT OF MATTERS RELATED TO THIS AGREEMENT. THIS WAIVER AND THE OTHER CONSENTS REGARDING RESOLUTION OF DISPUTES IS INFORMED AND VOLUNTARY.
The present internet site is edited and controlled by BEEMOOV.
The Company OVH, SAS capital of 10,000,000 euros is the service provider, hosting direct and permanent storage, as subcontractor of BEEMOOV.
RCS LILLE METROPOLE- Tourcoing 424 761 419 00045, Code APE 6202A, Corporate headquarters: 2 rue Kellermann - 59100 Roubaix - France.
Eldarya is a work of fiction. Names, characters, businesses, places, events and incidents are either the products of the author’s imagination or used in a fictitious manner. Any resemblance to actual persons, living or dead, or actual events is purely coincidental, and does not place any liability whatsoever on BEEMOOV.
© 2013 BEEMOOV SAS. All rights reserved.