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GTU
General Terms of Use
Last update : Aug. 08, 2020

Story Enjoy has designed and operates a site and an application that offer services with the essential feature of allowing its users to create an audiovisual recording of their narration of a children’s book while flipping through a digital version of it and sharing the recorded contents, intended for children.

 

Access to the services is strictly reserved to those who have created a user section and agreed to these General Terms of Use. 

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Instructions related to the use of Story Enjoy by the kids:

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  • Principle: Even if Story Enjoy offers a service oriented for kids, they are neither allowed to use the website and the application by themselves, nor to have their own user account: a specific interface is dedicated for them through their superviser's account.

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  • Parents: If you want to create an account for your kid, you must create your own account with your own email address and create a dedicated zone for the use of your kid with your account. You accept to watch his or her use of the services and to check that it is in conformity with these GTU.

 

  • Sending to kids: If you want to send a record or a demand to a kid, you must send it to his legal representative / parents / or the adult which have the kid under his responsibility at this moment.

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  • Kid: If you are a kid and you want to use Story Enjoy, you must ask to one of your parents and/or legal representative to create himself an account with his own email address and to accept theses GTU for you.

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Before checking the box “I have read and I accept the General Terms of Use”, you must read them carefully in their entirety. 

 

The different steps to follow to conclude these General Terms of use (“GTU”) are as follows: 

  • Step 1) Go to the site or download the application

  • Step 2) Create a user section

  • Step 3) Provide the information required to access the service

    • Manually fill in the following fields:

      • Name

      • First Name

      • Email address

      • Password

      • Please confirm password

  • Step 4) Check the box “I have read and I accept the General Terms of use” 

 

By clicking on the icon “I have read and I accept the GTU”:

 

  • You guarantee that you are a physical entity at least eighteen years of age or a legal entity with full legal capacity to enter into these GTU,

  • You express your agreement with the entirety of the content of these GTU: you commit to respect all of the terms without any reservation with regard to your co-contractor Story Enjoy,

  • You warrant that you have read and understood these GTU, including all sections contained herein.

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If you do not agree with all or part of the terms of these GTU, you should not check the box “I have read and I accept the GTU.” As a result of your refusal, you will not be able to access the services offered by Story Enjoy 

 

The language provided for the conclusion of these GTU is the English language.

 

The archiving methods of these GTU are as follows: the GTU are archived on the Story Enjoy servers. The conditions to access the archived GTU are as follows: the GTU are accessible in the section of the site called GTU. 

 

As soon as you accept these GTU, you are giving your prior and express consent that these GTU start to be executed immediately by Story Enjoy. Consequently, you expressly waive the exercise of your right of withdrawal. 

 

Story Enjoy is: 

 

  • The company Story Enjoy, SAS

  • Whose head office is located at 7 lotissement les Tourterelles, Fleurimont, 97460, Saint-Paul, La Réunion,

  • Who is registered at the French Trade and Companies Registry in Saint-Denis-de-la-Réunion under the number 834 135 279

  • With the French VAT number FR43834135279 (hereafter “Story Enjoy”)

 

For any claims, you can contact Story Enjoy:

  • By email: caroline@storyenjoy.com

  • By mail: Madame Caroline Lopez, Story Enjoy – 7 Lotissement les Tourterelles, Fleurimont, 97460, Saint Paul

  • By phone: +262 (0)6 92 42 25 26. 

 

In the event of a dispute, you are informed of the possibility of turning to the consumer mediation procedure, the competent mediator being FEVAD (French Federation of e-commerce and distance selling). 

 

 

The duration of the services offered by Story Enjoy corresponds with the entire duration during which the site and/or the application are accessible.

 

The offer of Story Enjoy services is proposed via the payment of a subscription as provided for in the General Conditions of Sale or gratuitously in the case of a request from a user with a subscription. 

 

The offer of services provided by Story Enjoy does not include the cost of the user’s means of access to those services (phone, computer, digital tablet) as set by the user’s phone or Internet subscription.

 

The services provided by Story Enjoy are directly executed by the access to the site or to the application. 

 

The law applicable to these GTU is the French law, the competent jurisdiction being that of common law.

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Definitions

 

In these GTU, each of the terms below shall have the meaning, with or without capitalization, as defined below:

 

  • The term “Subscription”: refers to a User monthly or annual subscription that permits unlimited access to the Service over the course of the given subscription. The Subscription allows the User to receive Recordings of Stories from other Narrating Users, to create Recordings and to send Requests to other Users. The terms and conditions of purchase and use of the Subscriptions are defined in the GCS.

 

  • The terms “Database(s)” refer to all databases and sub-databases accessible via the Site. 

 

  • The terms “Little Ones” refer to the minors for whom the Story Recordings are intended. The Little Ones do not have their own User Sections and can only access the Recordings intended for them via a specific access in the User Section of their Supervisor. Little Ones’ Contact details (such as email addresses) should never be communicated via the Site. 

 

  • The term “User” refers to the person who accepts these General Terms of use and who uses the Services, either directly as a result of a Subscription, or through the Request of a User with a Subscription. The User is a legal or physical entity using the Services for his or her own needs in the context of a strictly personal or professional use and not for commercial use. A User can be both a Narrating User and a Reading User depending on the circumstances. 

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  • The terms “Narrating User” refers to any User who can record Stories and read, consult and play his or her Recordings as many times as he or she wishes, and throughout the entire duration of his or her Subscription or for the duration of the Subscription of the Reading User who sent the Request. When a Subscriber, the Narrating User can also send an unlimited number of Requests. The Narrating User may have a Subscription to the Service or access it via the Request of a User with a Subscription. 

 

  • The terms “Reading User” refers to any User who can read, consult and play, as many times as he or she wishes, the Recordings of the Stories intended for him or her throughout the entire duration of his or her Subscription or for the duration of the Subscription of the User who has created the Recording. When a subscriber, he or she can send an unlimited number of Requests. The Reading User may have a Subscription to the Service or access it via a Request. 

 

  • The abbreviations GTU refer to the present contract governing the conditions of use of the Site and the contractual relationship between Story Enjoy and the User.

 

  • The terms “GCS” refer to the conditions applicable to the Subscription to the Services and are available here. 

 

  • The terms “User-Contents” refer to all the contents edited by the User as per the article 6-III of the law number 2004-575 dated June 21, 2004 for building confidence in the digital economy that the User creates when using the Services that are accessible to other Users and/or to Little Ones Ones and/or to the public, via the Site.

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For example, (i) the Recordings of Stories by the User via the Site, as well as (ii) the comments on the articles on the Site’s blog, are part of the User-Contents.

 

  • The term “Request” refers to the invitation from a User to another User so that (i) this latter User creates a Recording for the sole use of the requesting User or so that (ii) the latter User listens to a Recording created for his or her sole use. In the case (i), the Request may be for a specific Story or leave the choice of Story to the User Narrator. 

 

  • The terms “Drawing” or “Model” refer to all drawings and models that, before or during the terms of these GTU, have been or are the subject of a filing or a registration as:

  • Drawing or model,

  • Registered with a Registry that is either

    • National, 

    • International, 

    • A community Registry, 

    • Or with a Registry that registers drawings and models.

 

  • The term “Recordings”: refers to the audiovisual recordings created by the Narrating Users consisting of the narration of one or more Stories by the Narrating Users. A Recording is a composite work resulting from Stories in accordance with the Code of Intellectual Property. A Recording includes solely the video of the Story narration by the Narrating User and specifically excludes the representation of the Story in digital form associated with it. 

 

  • The terms “User Section” refer to the private section of the Site, which can be accessed by the Subscriber after having submitted his or her username and password. The User Section allows the User to:

    • Access, modify, delete his or her personal data,

    • Access and manage his or her Subscriptions,

    • Register and modify his or her Little Ones,

    • Register and modify the other Users with whom User-Contents are shared on a recurring basis, 

    • Make it possible for his or her Little Ones to access their reserved sections to that they can access their Recordings, hereafter “Little Ones Section.” The Little Ones Section is accessible only via the User Section of a Supervisor and makes it possible to access Recordings intended to specific Little Ones.

    • Choose Stories to record, 

    • Proceed to the Recording of a Story,

    • Proceed to sending a Recording to another User for a Little One,

    • Proceed to sending a response to a Recording in video format on behalf of a Little One,

    • Send a Request to another User (in the case of a User with a Subscription), 

    • Select and modify his or her method of payment,

    • Post a comment on the Site’s blog,

    • Edit user-contents,

    • Consult information relating to his or her use of the Site (e.g., invoices, history of Subscriptions and Recordings received or sent),

    • Establish a list of favorite Stories,

    • Have access to an online help system,

    • Request the deletion of his or her User Section.

 

  • The term “Stories” refers to the illustrated children books (texts and illustrations) made available to the Users for the purpose of creating Recordings. The Stories are copyrighted by third party publishers who have granted a license to Story Enjoy and its Users for the sole purpose of operating the Service. 

 

  • The term “litigation” is understood in the broadest sense and includes any claim, challenge or dispute.

 

  • The term “Brand” refers to all distinctive signs of any nature that has, before or throughout the duration of the execution of these GTU, been the object or is the object of a deposit or a registration as brand(s) in any form and in particular as:

 

  • Brand(s) that are

    • Nominative,

    • Figurative,

    • Semi-figurative, etc.

  • Registered with an Office that is either

    • National,

    • International,

    • Or a community Office that registers brands.

 

  • The terms “Means of Access” refer to all computerized and electronic means of communication allowing the User to access the Service such as computers, tablets, telephones, connected watches.

 

  • The term “Work” refers to all original intellectual creations that are protected by copyright.

 

  • The term “Tools of Communication” refers to all elements:

    • Allowing Story Enjoy to commercially identify itself, in particular to the User,

    • And that are protected by one or more property rights of any kind, including one or more intellectual property rights.

 

The Tools of Communication include:

 

  • The Brands, 

  • The Drawings and Models,

  • The Works in any form (visual, audio, text, etc.)

  • As well as but not limited to: trade names, graphic charters and colors, logos, signs, slogans, domain names, etc.

 

  • The term “Services” refers to the services as defined in the Article “Description of Services.”

 

  • The term “Site” refers to the site available at the URL: https://en.story-enjoy.com or to the application available under the name “Story Enjoy” edited by Story Enjoy and allowing access to the Services, including its public and private sections such as the User Section. 

 

  • The term “Supervisor” refers to a User who is responsible of one Little One or more. A Supervisor has the possibility of creating one or more Little Ones’ Universe(s) in his or her own User Section so as to allow these Little Ones to access the Recordings intended for them. A Supervisor must be the legal representative of his or her Little Ones or must have obtained specific authorization from the person who is the legal representative of said Little One(s) in order to create a Section for them. 

 

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Subject

 

The purpose of these GTU is to define the conditions under which:

  • Story Enjoy makes available to the User the Services such as they are defined in the Article “Description of Services”, subject to a Subscription or a Request and as part of an obligation of means,

  • As well as the conditions under which the User is authorized to use these Services.

 

Story Enjoy grants the User revocable, non-exclusive access to the Services, provided that he or she respects all the stipulations as defined in these GTU.

 

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Duration

 

These GTU come into effect and become binding on the User as soon as he or she accepts them. This acceptance is made by checking the box “I have read and I accept the GTU.”

 

These GTU are concluded for an indefinite period of time. 

 

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Prerequisite

 

The User acknowledges having the necessary and appropriate skills and Means of Access to access the Services. He or she acknowledges having the minimum hardware and software configuration required. He or she further acknowledges that he or she has secured Means of Access that are being used, in particular by using antivirus software. 

 

The User undertakes full responsibility for:

  • The implementation of the Means of Access,

  • And the knowledge necessary to use his or her Means of Access, as well as the Internet, the Site, the User Section and more generally, the Services.

Respecting the regulations

 

The User undertakes to comply with all laws, regulations and procedures that apply to him or her, taking into account his or her place of connection or residence, with regard to both the access to the Site and the use of the Services.

 

Description of the Services

 

Story Enjoy makes the following Services available to the User as part of an obligation of means:

 

  • The access, thanks to the User’s Means of Access to the Site and in particular to a User Section accessible via the Site, after the Subscriber enters a username and a password as previously defined during the creation of his or her User Section via the Site,

  • The uploading of User-Contents to the Site,

  • The access via the Site to the Stories in digital form for the purpose of browsing them, creating a Recording, or sending a Request,

  • The possibility to create Recordings of Stories intended for Reading Users,

  • The possibility to respond in video form to a Recording,

  • The hosting of these Recordings on the Site,

  • The possibility to send a Request to another User, 

  • The provision of all Recordings intended for him or her,

  • The provision of all the information concerning the Subscriptions, such as invoices. 

 

Access to the Services depends on the User’s Subscription or on the Requests sent to him or her by Users with a Subscription. 

 

The User with a Subscription has access to all of these Services as per the conditions set forth in his or her Subscription and in the GCS. 

 

The User who does not have a Subscription only has limited access to these Services and solely for the purpose of responding to the Requests sent to him. In any case, the User who does not have a Subscription will not have access to the Service that makes it possible to send a Request to another User. 

 

 

Access to Services

 

Story Enjoy is doing its best to give the User access to the Site 24 hours a day, 7 days a week, except in case of:

  • Force majeure as defined in the Article “Force majeure”,

  • Unavailability due to planned or unplanned corrective or evolving maintenance,

  • Unavailability due to the weakness or lack of Internet access network coverage by the User’s access provider,

  • And in general, any technical difficulty of any nature whatsoever that may arise for any reason and not directly attributable to Story Enjoy that will prevent the User from accessing: 

The Site and what it contains,

His or her User Section,

And more generally, to use the Services.

 

 

Destination of the Services 

 

The Services are intended to be used exclusively by the User for his or her own personal or professional needs, but never commercial, which the User acknowledges and guarantees.

 

The Services are intended to serve a lawful purpose that is not prejudicial to a third party, which the User acknowledges and guarantees.

 

Obligations of the User

 

The User undertakes at all times throughout the duration of these GTU to comply with all the stipulations contained in these GTU as part of an obligation of result, in particular this Article “Obligations of the User” and the Article “Prohibited Uses.”

 

The User, as a physical entity, agrees to create, use and access only one User Section. 

 

When using the Services and in the case that he or she wishes to subscribe to a Subscription, the User agrees to carefully consult the GCS, available here, in order to be informed of the conditions applicable to any Subscription and to respect the obligations incumbent upon him or her under these GCS.

 

When using the Services and in the case that he or she has not subscribed to a Subscription, the User acknowledges and accepts that he or she may create and/or access Recordings solely through the Request of a User with a Subscription. 

 

When using the Services, the User acknowledges and accepts that he or she may send Requests or Recordings to underage persons and/or to Little Ones only through the intermediary of their legal representatives and/or Supervisors. Consequently, the User is informed that he or she must enter the email address of the legal representative of the underage person and/or Little One or of any adult person with an authorization when he or she wishes to send a Request or a Recording to an underage person and/or a Little One. 

 

Consequently, the User undertakes to comply with the following rules of conduct (hereinafter “Rules of Conduct”) in connection with the Services and the Site at any time throughout the duration of these GTU:

 

  • Compliance with the law and regulations applicable to the User,

  • Honesty, good faith and probity of the User towards Story Enjoy and the other Users, in particular in the information and personal date that he communicates to them,

  • Absolute confidentiality of the User’s username and password giving him or her access to his or her User Section, 

  • Respect and courtesy of the User towards Story Enjoy and other Users,

  • Respect of the property rights, and in particular of the intellectual property rights belonging to Story Enjoy, to other Users and to third party editors.

  • Immediate updates of the User’s information when they have been the subject of a modification. 

 

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Obligation of the Supervisors 

 

The User who wishes to become the Supervisor of a Little One agrees, before adding any Little One, that (i) he or she is the Little One’s legal representative, or (ii) to obtain the prior written authorization of the Little One’s legal representative in order to add him or her as Little One and for the use of the Services intended for him or her. 

 

The User, who also acts as Supervisor, agrees to strictly monitor the use of the Services by his or her Little One. 

 

The Supervisor agrees to ensure that his or her Little Ones comply with all the provisions of these GTU. 

 

The Supervisor acknowledges and accepts that:

He or she is fully responsible for any access and/or use of the Services by his or her Little Ones,

He or she must never communicate the contact details of his or her Little Ones (such as email addresses),

He or she will never create a Recording with a Little One, nor respond to a Video Recording with a Little One, nor communicate personal data of a Little One, without the prior written authorization of the Little One’s legal representative.

 

 

Prohibited Uses of the Services 

 

Generally speaking, the User is to refrain in any way whatsoever, from being or attempting to be the author of a positive act, fault, omission, failure, negligence, in any form whatsoever, that would be likely to cause or causing damage of any kind to Story Enjoy.

 

The User, as a physical entity, is to refrain from creating, managing or accessing several User Sections. 

 

The User acknowledges and accepts that it is strictly forbidden to communicate the email address or, generally speaking, the contact details of an underage person and/or a Little One, in particular when sending a Request or a Recording. 

 

The User acknowledges and accepts that he or she cannot transmit personal data of an underage minor and/or a Little One (such as photographs and/or videos) unless he or she has first obtained the written express consent from the legal representative of that underage person and/or that Little One. 

 

Infringement on the Rights of Others

 

When using the Services, the User is to refrain in any way whatsoever from:

 

Attempting to harm, or harming, attempting to damage, or damaging 

  • Story Enjoy,

  • Other Users,

  • Little Ones

  • And/or generally speaking a third party,

In any way whatsoever and in particular via the Internet (e.g. via social networks, the Site, etc.) by, for example, committing acts of unfair competition, parasitism, damage to the reputation and image, denigration, counterfeiting, or acts that infringe on privacy,

Committing or participating or attempting to commit or participating in one or more criminal offense(s), including but not limited to: counterfeiting, crimes and offenses against persons, endangerment of individuals, attacks on people’s lives, attacks on the physical or psychological integrity of individuals, attacks on the dignity of individuals, attacks on personality, crimes or offenses against property, press offenses, identity theft, money laundering, forgery and/or use of forgeries, etc. 

Being the author of contents and/or illegal remarks and/or remarks that would be prejudicial to Story Enjoy and/or other Users in any way whatsoever, 

Transmitting, uploading to the Site, or posting, in any way or by any technological means whatsoever, content that is illegal, fraudulent, harmful, abusive, threatening, offensive, harassing, of a criminal nature, defamatory, racist, anti-Semitic, vulgar, obscene, revisionist, homophobic, insulting, pornographic, pedophile, immoral, invasive of another’s privacy, odious derogatory or shocking from a racial, ethnic, religious, or other point of view,

using or attempting to use erroneous, usurped or stolen means of payments that do not belong to him or her.

 

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Prohibited behavior

 

When using the Services, the User is to refrain in any way whatsoever from:

 

  • Breaching the Rules of Conduct

  • Usurping the identity of a real or fictitious third party, lie about his or her identity,

  • Communicating to a third party his or her username and password giving access to his or her User Section.

 

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Misuse of the Services

 

When using the Services, the User is to refrain in any way whatsoever from:

 

Diverting or attempting to divert all or part of: the User Section, the Site, the Services, the Stories, the Recordings or any other elements to which the User would have access, for purposes other than those for which they are intended, 

  • Attempting to carry out or implement any action, in any form whatsoever, of a fraudulent and/or illicit nature, such as:

    • Directly or indirectly attempting to make or making a fraudulent and/or illicit use of all or part of: the User Section, the Site, the Services, the Stories, the Recordings or any other elements to which the User would have access,

  • Giving a third party access to all or part of: the User Section, the Site, the Services, the Stories, the Recordings or any other elements to which the User would have access, 

  • Exploiting, commercializing all or part of: the User Section, the Site, the Services, the Stories, the Recordings or any other elements to which the User would have access, in any way whatsoever, such as in the form of a license, rental, or resale, 

  • Attempting to copy or copying, in any way whatsoever, without the prior written consent from Story Enjoy, all or part of the Site, the Services, the Stories, the Recordings (in particular by suction technique),

  • Conducting any activity or inciting a third party to conduct any illegal activity or any other activity that would infringe the rights of Story Enjoy, and/or of other Users, and/or of any Little One, and/or generally speaking, of any third party,

  • Communicating to Story Enjoy false, usurped, erroneous, out-of-date, expired coordinates, by any means whatsoever, and in particular via the form for creating a User Space on the Site.

 

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Infringement to the operation of the Site and/or security breach

 

When using the Services, the User is to refrain in any way whatsoever from:

  • Attempting to carry out or carrying out, in any way or with the use of any technology whatsoever, any action of a malicious nature and/or presenting a risk to the operation and/or security of all or part of: the User Section, the Services, the Site, or any other element to which the User would have access, for example:

    • Attempting to infringe or infringing procedures or rules governing the operation of all or part of: the Site, the User Section, the Services or any other element related to all or part of the Services,

    • Attempting to carry out or carrying out any action resulting in saturation, flooding of the servers used in connection with the Services, 

    • Sending to the Site, in any manner or by any technological means whatsoever, any element containing: software viruses, Trojan horses, worms, or other spyware or malicious codes, files or computer programs, for example designed to interrupt, destroy or limit the functionality of any computer software or hardware of telecommunications equipment involved in the operation of all or part of: the Site, the User Space, the Services, or any other element related to all or part of the Services,

  • Attempting to interfere or interfering with the use of all or part of: the Site, the User Section, the Services of any other element in connection with all or part of the Services, by a third party (for example another user),

  • Attempting to interfere or interfering with the services provided by one or more providers of Story Enjoy that would be involved in the operation of all or part of: the Site, the User Section, the Services, or any other element related to all or part of the Services,

  • Attempting to probe or probing, attempting to test or testing, the vulnerability of all or part of: the Site, the User Section, the Services, or any other element related to all or part of the Services,

  • Attempting to infringe or infringing security and/or authentication measures of all or part of: the Site, the User Section, the Services or any other element related to all or part of the Services,

  • Attempting to access or accessing Stories, Recordings, any section, data, programs, or information without the consent of Story Enjoy.

 

Generally speaking, the User is to refrain in any way whatsoever from being or attempting to be the author of a positive act or omission that would be likely to cause or causing damage of any kind to Story Enjoy, and more generally to any third party.

 

The User acknowledges that a violation of the Article “Obligations of the User” and the Article “Prohibited Use” is likely to harm Story Enjoy, and more generally any third party and to engage his or her responsibility.

 

Protection of the intellectual property

 

Protection of the Stories

 

(i) General principles

 

The User acknowledges and accepts that the Stories are protected by the intellectual property rights belonging exclusively to third party publishers. 

Within the exclusive framework of the use of the Services and exclusively via the Site, the User is authorized to create a derivative work from the Stories that constitutes a Recording and to share this Recording with other Users according to his or her Subscription and/or the Requests sent to him or her.

 

Consequently, the User with a Subscription is authorized, for the duration of his or her Subscription and exclusively within the framework of the Services and exclusively via the Site, to:

  • Access all the Stories in digital format and in an unlimited manner, 

  • Send an unlimited number of Requests concerning any Story,

  • Access the Recordings that are specifically intended for him or her and/or that he or she will have realized and,

  • Create any Recordings. 

 

At the end of the term of his or her Subscription, the User with a Subscription acknowledges and accepts that he or she will no longer have access to the Stories but that he or she will eventually have the right (this feature has yet to be developed), to download on his or her terminal a copy of the Recordings that are specifically intended for him or her and/or that he or she will have created. 

 

The User who does not have a Subscription is authorized, exclusively within the framework of the Services and exclusively via the Site, upon receiving a Request, to:

  • Access all the Stories in digital format in order to select one of them to create a Recording, or

  • Access one Story as specified in the Request in order to create a Recording, or

  • Access a Recording specifically intended for him or her, or

  • Create the Recording that has been requested of him or her. 

 

Once the Recording has been created, the User without a Subscription acknowledges and accepts that he or she (i) will no longer be able to access the Stories unless he or she receives a new Request and that he or she (ii) will be able to access the Recordings intended for him or her or that he or she will have created throughout the duration of the Subscription of the User that made that Recording possible. 

 

The rights granted above are strictly limited to the conditions set forth above.

 

The User acknowledges and accepts that Story Enjoy can at any time modify the list of Stories available and/or remove access to any Recording of a Story on which Story Enjoy would not have any more rights. The User acknowledges and accepts that the deletion of a Story or a Recording by Story Enjoy could not be the subject of any counterpart nor allowance, nor could it engage the responsibility of Story Enjoy.

 

(ii) Interdictions

 

As a result, the User is to refrain from, but not limited to:

  • Reproducing, copying, modifying, creating a derivative work, assembling, recreating, distributing, presenting, representing, disseminating, publicly displaying, transferring, transmitting, publishing, selling, assigning, sub-licensing, transferring, making available to a third party, commercializing, in any way whatsoever, all or part of the Stories,

  • Adapting, translating, arranging the Stories,

  • Modifying, altering, all or part of the Stories in order to obtain an unauthorized access to the Services and to access the Stories by another mean than the connection interface to the User Section that is provided to the User for this purpose by Story Enjoy via the Site.

 

Generally speaking, the User acknowledges and accepts that it is strictly forbidden to use the Stories outside the framework of the use of the Services and/or the Site. 

 

 

Protection of the Site and of its contents (“Protected Elements”)

 

(i) General principle

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The User has chosen to contract with Story Enjoy because of the originality of its site and what it contains.

 

Consequently, the User acknowledges that the following are protected by intellectual property rights, but not limited to:

 

  • The Site itself, including in particular:

    • Its architecture, 

    • Its presentation, 

    • Its graphic charter,

  • The entirety of its contents, and in particular: 

    • Software elements, 

    • Recordings,

    • Works (texts, graphics, logos, drawings, images, sounds and music, etc.) in any format;

    • Brands, company names, trade names,

    • Drawings and Models,

The elements listed above are hereinafter referred to as “Protected Elements.”

The Protected Elements are either the exclusive property of Story Enjoy or of a third party.

 

(ii) Interdictions

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Except in the case where the User is the owner of the property rights on the Protected Element, the User is to refrain from the following but not limited to:

  • Reproducing, copying, modifying, creating a derivative work, assembling, recreating, distributing, presenting, representing, disseminating, publicly displaying, transferring, transmitting, publishing, selling, assigning, sub-licensing, transferring, making available to a third party, commercializing, in any way whatsoever, all or part of the Protected Elements,

  • Inverting, decompiling, adapting, translating, arranging, disassembling or attempting in any way whatsoever to discover the source code of Protected Elements,

  • Modifying, altering, all or part of the Protected Elements in order to obtain an unauthorized access to the Services and to access the Site by another mean than the connection interface to the User Section that is provided to the User for this purpose by Story Enjoy via the Site.

 

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Protection of the Communication Tools

 

The Site contains Communication Tools that belong to Story Enjoy.

The User acknowledges the rights of Story Enjoy on these Communication Tools. 

 

The user acknowledges in advance that any violation of the Articles entitled:

  • “Protection of the Site and of its contents (“Protected Elements”),”

  • “Protection of the Stories,”

  • And/or “Protection of the Communication Tools,”

constitutes (depending on the case and the object of other possible additional contractual failures), a counterfeit and/or an act of unfair competition and/or an act of parasitism causing a heavy damage to Story Enjoy, in particular in terms of infringement of image, loss of customers, loss of turnover, and engages his or her responsibility.

 

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Protection of databases

 

The databases are protected by copyright, in particular as Protected Elements.

 

The User acknowledges the extent of the investments made by Story Enjoy to develop its Databases, in particular its Stories Database.

 

The User acknowledges that Story Enjoy took the initiative to create and develop its Databases.

 

The User acknowledges that in addition to Story Enjoy being the author of Databases of an original nature, it is also the producer of the databases and thus has the rights conferred by the intellectual property code.

 

In its capacity as producer of Databases, Story Enjoy prohibits the User to undertake the following, to which the User agrees:

  • (i) The extraction of the totality or a qualitatively or quantitatively substantial part of the contents of the Databases on another support, by permanent or temporary transfer and/or by any means and in any form whatsoever,

  • (ii) The reuse of all or of a qualitatively or quantitatively substantial part of the contents of its Databases by making it available to the public, in any form whatsoever,

  • (iii) The repeated and systematic extraction or reuse of qualitatively or quantitatively insubstantial parts of the contents of the Databases beyond the normal conditions of use of these Databases.

 

 

Transfer of intellectual property rights 

 

The User grants to Story Enjoy all the non-exclusive economic copyrights related to his or her Recordings necessary to the exploitation of the Recordings within the Services, which Story Enjoy accepts, and this: 

- For the legal term of copyright protection pertaining to the Recordings;

- For the entire world; 

- Gratuitously. 

 

Under this license, the User transfers to Story Enjoy the exploitation rights on the Recordings, the authorized modifications and the composite works of these Recordings as described in italic (called “Exploitation Rights”): 

 

(i) The right to reproduce, have reproduced, load, have loaded, display, have displayed, perform, have performed, transmit, have transmitted, store, have stored, save, have saved, in whole or in part:

  • In any way whatsoever, permanently or temporarily, in any computer languages, 

  • On the media (hereinafter referred to as the “Media”) so defined:

    • Computer, digital, and electronic media:

    • Any digital storage unit, CD-ROM, CD-I, DVD, HDDVD, Blu-ray, USB key, floppy disk, computer, computer server, computer device, digital device, electronic device, audiovisual device (e.g. television set), multimedia device (e.g. television and computer, smartphone, BB, tablet, etc.), telecommunications device,

    • Including but not limited to those using any of the following processes: display, backup, loading, storage, multimedia, video, computer, digital, electronic, telecommunications and/or communication process, including via telecommunications and/or communication networks such as:

    • Internet, intranet, hertzian, and/or analog, digital satellite/DTT, GSM, WAP, DCS 1800, 2G/GPRS, 3G+, 4G, 3G/UMTS, WIFI, WIMAX, Bluetooth, cables, ADSL, fiber optics, 

    • And this without any limitation of number,

 

  • For all or part of the purposes (referred to as “Purposes”) so defined: 

    • For any exploitation, marketing and distribution of the Recordings, for any authorized modifications of these Recordings within the framework of the Service,

    • Intended for the Users, 

    • And/or for Story Enjoy advertising, promotion, communication, prospecting, business development purposes,

    • And/or for the purpose of freely exercising the Exploitation Rights for these Purposes,

    • And generally speaking for all intents and purposes to the current activity of Story Enjoy and as it will evolve over time within Story Enjoy corporate purpose. 

 

 (ii) The right to disseminate or have disseminated, represent or have represented, communicate or have communicated to the public, entirely or partially:

    • On any Supports, 

    • In any way whatsoever, permanently or temporarily, in any computer languages, 

    • And this without any limitation of number,

    • In view of the Purposes.

 

(iii) The right to interface or have interfaced with any but not limited to software, databases, computer products; the right to encode or have encoded (including decrypting or have decrypted as reasonably necessary for such purpose), entirely or partially:

    • On any Supports,

    • In any way whatsoever, permanently or temporarily, in any computer languages, 

    • And this without any limitation of number,

    • In view of the Purposes.

 

(iv) The right to modify or have modified, assemble or have assembled, transcribe or have transcribed, arrange or have arranged, transform or have transformed, digitize or have digitized, configure or have configured, entirely or partially and solely for formatting purposes given that only minor modifications of the Recordings are authorized as they may result from their digitization, their fixing on the server and/or their reproduction on screen:

    • On any Supports,

    • In any way whatsoever, permanently or temporarily, in any computer languages, 

    • And this without any limitation of number,

    • In view of the Purposes.

 

(v) The right to give access, make available, concede, gratuitously or against payment, for the benefit of any User, entirely or partially:

    • On any Supports, 

    • In any way whatsoever, permanently or temporarily, in any computer languages, 

    • And this without any limitation of number,

    • In view of the Purposes.

 

(vi) The right to distribute, commercialize, use, disseminate, launch, make available, rent, lend, and generally speaking, the right to enter into any contract with the intent to launch, use, commercialize, distribute, disseminate, make available, rent, lend, whether gratuitously or against payment, for the benefit of any User, entirely or partially:

    • On any Supports,

    • In any way whatsoever, permanently or temporarily, in any computer languages, 

    • And this without any limitation of number,

    • In view of the Purposes.

 

(vii) The right to make or have made any composite work: 

    • On any Supports, 

    • In any way whatsoever, permanently or temporarily, in any computer languages, 

    • And this without any limitation of number,

    • In view of the Purposes.

 

With regard to this right (xi), the User exclusively, irrevocably and definitively transfers the Exploitation Rights related to said composite works to Story Enjoy, and this for the legal term of copyright protection pertaining to said composite works, for the entire world and gratuitously. 

 

It is understood that the property rights attached to said composite works will belong exclusively to Story Enjoy and that the User will not own any right of any nature whatsoever on said composite works. 

 

(viii) The right to make use of the Exploitation Rights, for personal benefit or for the benefit of others, entirely or partially:

    • On any Supports, 

    • In any way whatsoever, permanently or temporarily, in any computer languages, 

    • And this without any limitation of number,

    • In any formats,

    • In view of the Purposes.

 

Consequently, Story Enjoy will be able to completely independently exploit the Recordings within the framework of the Service and to put them at the disposal of the other Users for the needs of the Service It is specified for any useful purposes that the Recordings will be made available to another User only if the initial User decides to do so. 

 

 

User’s personal data

 

Story Enjoy agrees to process all Users’ personal data according to the applicable regulation.

 

For more information on the processing of personal data by Story Enjoy, Users are welcome to refer to the “Privacy policy.” 

 

 

Contents

 

The User as Editor of his or her own contents

 

The User acknowledges that he or she is an Editor as per the article 6-III of the law number 2004-575 dated June 21, 2004 for building confidence in the digital economy, of all the User-Contents that he or she creates when using the Services and that are accessible to other Users and/or to the public, via the Site.

 

The User guarantees that the User-Contents that he or she edits is lawful, accurate, not erroneous, fair, up-to-date and in compliance with these GTU. 

 

In this respect, the User is exclusively responsible for his or her User-Contents and the consequences related to its creation, deletion, modification and uploading onto the site, in particular onto the User Section.

 

The User is informed that in the event he or she would publish User-Consent that would be illicit and/or non-compliant to these GTU and/or to the applicable legislation, Story Enjoy retains the right, upon notification by any third parties, to:

  • Verify, control, delete, render impossible the access to the litigious User-Content on the Site,

  • And/or suspend and/or remove the access to his or her User Section to any User who edits litigious User-Content,

  • Terminate these GTU.

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Story Enjoy as hosting provider of User-Contents

 

Story Enjoy is the hosting provider of User-Contents as per the article 6-III of the law number 2004-575 dated June 21, 2004 for building confidence in the digital economy.

 

Consequently, Story Enjoy cannot be held responsible in any way whatsoever for any User-Content.

 

The User who notices User-Content of an illegal nature commits to notify Story Enjoy without delay.

 

Any notification (hereafter “the Notification”) is to be made by registered letter with acknowledgment of receipt sent to the head office of Story Enjoy as previously specified and shall include:

  • The date of the Notification,

  • If the notifying party is a physical entity: last name, first name, profession, address of residence, nationality, date and place of birth; if the notifying party is a legal entity: its status, name, head office, and the entity that legally represents it,

  • The name and head office of the recipient of the Notification, in this case, Story Enjoy,

  • The description of the litigious facts and their precise location on the Site,

  • The reasons why the contents should be removed along with reference to the legal provisions and supporting evidence,

  • The copy of the correspondence addressed to the author or the editor of the litigious information asking for their interruption, their withdrawal or their modification, or the justification that the author or editor could not be contacted.

 

This Notification is also to be sent by email (including the elements mentioned above) to: caroline@storyenjoy.com. 

 

The User is advised that Story Enjoy can only be considered as informed of the Notification if all the elements mentioned above are included in the Notification.

 

Following a Notification, Story Enjoy can:

  • Verify, control, delete, suppress the access to the review, comment or litigious message,

  • And/or suspend and/or block the access of said User to his or her User Section,

  • And/or terminate these GTU.

 

The User is advised and accepts that Story Enjoy remains sole judge of the actions to be implemented following a Notification and that Story Enjoy cannot be held responsible for the implemented actions or the absence thereof following a notification.

 

Suspension of Services 

 

The User agrees that Story Enjoy has the sole discretion to temporarily suspend and/or permanently close his or her User Section without any notice in case of non-compliance by the User with any of the provisions of these GTU,

 

The User acknowledges and accepts that he or she will no longer be able to access the Services that have thus been suspended and/or closed.

 

Termination - Cessation of operations

 

Termination by the User

 

The User who does not have a Subscription is at will to terminate these GTU at any time by clicking on “Delete my account” in his or her User Section. In this case, the termination shall take effect from the date on which the termination request is so formulated.

 

The User with a Subscription is at will to terminate these GTU at any time in accordance with the terms and conditions applicable to his or her Subscription and set forth in the GCS. In this case, the termination shall take effect as of the effective date of termination of his or her Subscription. 

 

Termination by Story Enjoy

 

Story Enjoy is free to terminate at any time these GTU by sending an email to the User, subject to a thirty (30) days’ notice. 

 

In the event that these GTU are not respected by the User, Story Enjoy reserves the right to, unilaterally and without notice:

  • Terminate the contractual relation,

  • Block access to the User Section,

  • And/or block access to all or part of the Services, temporarily or permanently, 

without any compensation or indemnity.

 

Should any elements, in any form (written, verbal, etc.), from any origin (Story Enjoy, another User, any third party, etc.), reveal the risk of a prohibited use of the Services made by the User, Story Enjoy would reserve the right, unilaterally and without notice, to:

  • Terminate the contractual relation,

  • Block access to the User Section,

  • And/or block access to all or part of the Services, temporarily or permanently, 

without any compensation or indemnity.

 

Consequences of Termination, whomever the initiator

 

With the exception of the stipulations expressly mentioned as surviving the termination of these GTU, such action shall result in the termination of all stipulations and the discontinuation of the access to the User Section and the Services.

 

Furthermore, the User is informed that the termination will result in the removal of the access to the User Section and to all it contains. 

 

In the event that Story Enjoy removes access to the User Section, said User is prohibited from trying to circumvent this decision by any mean possible, whatsoever the cause.

 

Discontinuation of the Site operation including the User Section

 

Story Enjoy reserves the right to stop at any time and for any reason whatsoever:

  • The Site operation,

  • And/or the provision of access to the User Sections,

  • And/or the provision of access to one or more Stories,

automatically and without any formality.

 

The discontinuation of such operation shall have the same effects as the termination.

 

Liability and guarantees

 

Story Enjoy can only be held liable in the event of proven fault, within the limit of the guarantees as stated in the paragraph “Guarantees” hereafter.

 

It should be noted that Story Enjoy and the User have agrees that the nature of Story Enjoy obligation regarding the provision of Services is an obligation of means.

 

This article “Liability and guarantees” remains applicable in full in the event that these GTU be declared or rendered null or void, or terminated.

 

 

Absence of liability

 

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Absence of liability of Story Enjoy concerning the Recordings and/or Requests being sent or received

 

The User acknowledges and accepts that Story Enjoy is not liable for the Recordings and/or Requests that are being sent and/or received between Users. 

 

The User acknowledges and accepts that each User is liable for any positive act, fault, omission, failure, negligence he or she may commit in connection with the following, but not limited to, whatsoever the form: 

 

  • Recordings and/or Requests being sent or received between two Users, in connection with, for example: 

    • Any illicit and/or fraudulent and/or abusive commercial practice by a User,

    • Any total or partial non-execution or poor execution of a Request and/or Recoding by a User,

    • The level of quality of the Recordings and/or Stories,

    • The choice of a Story, 

    • The compliance or non-compliance of a Request and/or a Recording:

      • To a User expectations

      • To the legislation and/or regulation applicable and in effect, 

    • A Recording and/or a Story generally speaking,

 

  • And/or any information given by another User, in particular in the User-Contents and in connection with, for example:

    • The inaccuracy, falsity, illegality, misrepresentation or deceptiveness of the information communicated by a User (including personal data), 

    • The reliability of the information communicated by a User,

  • And/or the respect of the applicable legislation and/or regulation, 

  • And/or the User-Contents he or she publishes,

  • And generally speaking, any acts, allegations, commitments, and information the User provides.

 

Consequently, Story Enjoy could not be held liable on the basis of any damage resulting from any positive act, fault, omission, failure, negligence, in any form whatsoever, committed by another User. 

 

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Absence of liability of Story Enjoy concerning the use of the Services by a Little One or an underage person 

 

The User acknowledges and accepts that each Supervisor is liable for any positive act, fault, omission, failure, negligence, in any form whatsoever that he or she may commit in connection with the direct use of the Services by a Little One, including but not limited to:

    • The access and use of the User Section directly by a Little One,

    • The sending and/or receiving of Requests and/or Recordings by a Little one,

    • And of any positive act, fault, omission, default, negligence, in any form whatsoever, committed by a Little One.

 

Generally speaking, the User acknowledges and accepts that Story Enjoy cannot be held liable on the basis of a Little One and/or an underage person accessing or using the Services. 

 

 

Absence of liability of Story Enjoy in the event a third party has access to the User Section

 

The User is exclusively responsible for the use, whether fraudulent or not, of his or her means of access, username and password, use of the Services by a third party as well as the actions and statements made by the latter from the User Space. 

 

It is the User's responsibility to strictly ensure the confidentiality of the username and password giving him or her access to his or her User Section and to refrain from communicating these information of a strictly personal nature to a third party. 

 

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Absence of liability of Story Enjoy concerning the use of the Site, the User Section and the Services 

 

Story Enjoy cannot be held responsible of:

  • The difficulties of accessing or connecting to all or part of the Site and/or the User Section and/or the Services, 

  • The unavailability and temporary malfunctions affecting all or part of the Site and/or the User Section and/or the Services,

  • The temporary suspension of all or part of the Site and/or the User Section and/or the Services, 

  • The modification with notice of the access to all or part of the Site and/or the User Section and/or the Services, 

for any reason whatsoever, and in particular in the event of an evolutive or corrective maintenance of all or part of the Site and/or the User Space, and/or the Services.

 

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Absence of liability of Story Enjoy in case of difficulty affecting the Means of Access of the User

 

The User acknowledges and accepts that Story Enjoy cannot be held responsible for:

  • Failure,

  • Vice,

  • Non-compliance,

  • Anomaly,

  • Error,

  • Malfunction,

Affecting the User’s Means of Access.

 

Absence of liability of Story Enjoy in case of difficulty affecting the communication and telecommunication networks 

 

The User acknowledges and accepts that Story Enjoy cannot be held responsible for:

  • Failure,

  • Vice,

  • Non-compliance,

  • Anomaly,

  • Error,

  • Malfunction,

Affecting the communication networks, in particular the communication and telecom networks allowing the User to connect to the Site and/or to User Space, and/or to use the Services.

 

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Guarantees

 

(i) Absence of guarantees granted by Story Enjoy

 

Story Enjoy does not grant any guarantee of any kind whatsoever in the direct or indirect connection to the Services and in particular concerning the Recordings and the Stories. 

 

Story Enjoy does not grant any guarantee of any kind whatsoever in the direct or indirect connection with the access and/or the use of:

  • The Site, 

  • And/or the User Section, 

  • And/or the Services, 

  • And/or the Stories,

  • And/or the Recordings,

By the User.

 

Any and all guarantees or any nature whatsoever in terms of:

  • Scalability, 

  • Stability, 

  • Reliability, 

  • Interoperability, 

  • Security, 

  • Compatibility, 

  • Integrity, 

  • Performance,

Of the Site and/or of the User Section and/or the Services, are excluded from these GTU.

 

Story Enjoy can in no case be held liable of the direct or indirect damages, whatever the causes, origins, natures or consequences such as damages of whatever nature, including physical, material, immaterial, financial, loss of chance, or missing earnings, that could be undergone by the User due to a fact or an act for which it is not liable as stipulated in this article "Responsibility and guarantees.”

 

Story Enjoy can in no case be held liable of the direct or indirect damages, whatever the causes, origins, natures or consequences such as damages of whatever nature, including physical, material, immaterial, financial, loss of chance, or missing earnings, that could be undergone by the User due to: 

 

  • The use of the Site and/or the User Section, and/or the Services and/or the Stories, and/or the Recordings,

  • The impossibility for the User to access the Site and/or the User Section, and/or the Services, and/or the Stories, and/or the Recordings.

  • The credibility given to any information coming directly or indirectly from the use of the Site and/or the User Section, and/or the Services and/or the Stories, and/or the Recordings,

 

 

(ii) Guarantees of the User

 

The User guarantees compliance with these GTU and in particular with the articles “Obligations of the User” and “Prohibited Use” throughout the entire period of execution of these GTU.

 

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Separability

 

If one or more stipulation(s), Article(s), sentence(s), part(s) of sentence(s), word(s), formula(s), expression(s), of these GTU are held to be invalid, void, inoperative, deemed unwritten or declared as such under any law or regulation or following a court decision, the other words of the concerned sentence, the other sentences of the related paragraph or Article, and in general, all other stipulations of this Article as well as the remaining stipulations of the GTU will retain all their force and scope. 

 

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Force majeure

 

Story Enjoy is not responsible for failures pertaining to the delivery or the use of the Services resulting from a case of force majeure as defined by the Civil code and the jurisprudence of the French Courts and Tribunals.

 

Of express agreement, are qualified as force majeure any acts of Government, riots, total or partial strikes whether internal or external to Story Enjoy and the possible ensuing lockout, bad weather, pandemic, confinement, acts of war, terrorism, any action or failure of a governmental authority or a third party, delay or failure of the postal services or any other public or private transport organization to provide products or services, interruption or temporary blocking of the telecommunication services supply, computer viruses, detour of data in particular via the Internet network, interruption of electricity supply, interruption of a generator, general breakdown of the equipment or the computer system of Story Enjoy as well as any event such as fire, water damage, natural disaster, or any act or event out of the reasonable and exclusive control of Story Enjoy.

 

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Modifications of the Conditions

 

Story Enjoy reserves the right to modify these GTU, to remove and/or modify some clauses and/or to add new ones. The new version of these GTU will have to be agreed upon by the User when accessing his or her User Section. 

 

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Evidence Agreement

 

The acceptation of these GTU by electronic means holds the same evidential value as a paper agreement between the User and Story Enjoy.

 

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Heading

 

In the event of difficulties of interpretation resulting from a contradiction between any of the headings at the top of an Article and the content of one or more Articles, headings will be considered non-existent.

 

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Tolerance

 

The User acknowledges that the fact that Story Enjoy may tolerate a situation does not have the effect of granting the User any rights.

 

Furthermore, this tolerance is not to be considered as a renunciation to assert the rights in question.

 

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Assignment/Transfer of these GTU by Story Enjoy

 

The User gives expressly and in advance his or her agreement to any assignment or transfer by Story Enjoy of these GTU to the assignee of its choice, in case of transfer of all or part of the shares of Story Enjoy in any way whatsoever; for example by acquisition, merger, absorption, assignment, the aforementioned assignment or the aforementioned transfer carrying no consequence for the User on the conditions of price and quality of the Services. 

 

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