Terms and Conditions

Effective from 6/26/2024

  • Article 1: Object

    These “Terms and Conditions of Use and Sale” (hereinafter referred to as T&C) provide a legal framework for the terms and conditions under which the Services (hereinafter referred to as the Services) of the PlayShift platform (hereinafter referred to as the Platform) (including the www.playshift.fr website and the mobile/tablet application attached thereto) are made available and used by the user (hereinafter referred to as the User) who becomes a member (hereinafter referred to as the Member) once his or her registration on the Platform has been validated.
    The User acts independently of the publisher of PlayShift, SASU KimeriK, represented by Benjamin CAUCHEBRAIS, who are the sole owners of the Platform.
    The PlayShift® brand remains the exclusive property of its founder, Benjamin CAUCHEBRAIS.
    The PlayShift Platform provides its Users with an ergonomic framework enabling them to meet and exchange games face-to-face and remotely. This is based on their preferences and location.
    Members shall be solely responsible for any decisions they make which result in them meeting or exchanging games with other PlayShift members.
    The platform is reserved for people aged 15 and over.
    Any registration on the Platform implies unreserved and unrestricted acceptance of these T&C. When registering on the site via the Registration Form, each User expressly accepts these T&C by ticking the box preceding the following text: ‘I acknowledge that I have read and understood the T&C and I accept them’. In the event of non-acceptance of the T&C stipulated in this contract, the User must renounce access to the Services offered by the Platform. PlayShift reserves the right to unilaterally modify these T&C at any time. The User must then expressly accept, without any reservation or restriction, the modifications made. In case of refusal, the User must renounce access to the Services offered by the Platform.
    In accordance with Article 1101 of the French Civil Code, these T&C constitute a contract between the Platform and the User. The conditions of validity of this contract are defined by French law and include in particular the User’s full capacity to contract (Article 1123 of the French Civil Code).
    These T&C are supplemented by additional policies (the Privacy Policy and the Code of Conduct). In order to access the Platform, the User must, in the same way and in the same manner as the T&C, expressly accept, without reservations or restrictions, the additional policies cited above.
    In the event of a conflict between the various policies leading to doubt in the legal analysis of the situation, these T&C take precedence over any other policy or charter.
    In the event that one of the provisions of these T&C is declared null and void or inadmissible by a competent court, all the other provisions shall remain valid.

  • Article 2: Legal information

    The PlayShift Platform is published by KimeriK, a SASU with capital of €5,000, registered with the Registre du Commerce et des Sociétés under the number RC n°928239169/n° identifiant fiscal FR03928239169, whose registered office is located at 8 grande rue Saint Michel 31400 Toulouse, FRANCE (hereinafter the Company). The publication director is the president of the SASU KimeriK: Benjamin CAUCHEBRAIS.
    For all questions and informations relating to these TOS or our Services, the User can send an e-mail to support@playshift.fr.
    The host of the PlayShift Platform is CONTABO GmbH, whose registered office is located at Aschauer Str. 32a, 81549 München in Germany, with telephone number +49 893 564 717 70.
    All elements and content of the PlayShift Platform (www.playshift.fr website and application) are the exclusive property of PlayShift. Consequently, it is forbidden to use and/or reproduce in any way whatsoever all or part of an element of the entire PlayShift Platform, which will then be considered an infringement. PlayShift reserves the right to take legal action against any unauthorised use of any part of the Platform, PlayShift’s trademark or PlayShift’s name.

  • Article 3: Definitions

    The purpose of the present clause is to define the various essential terms of the contract, all of which begin with a capital letter:
    • TOS: this term designates the present Terms and Conditions of Use and Sale.
    • Member: Users become Members when they have validated their registration on the Platform.
    • Plateform: this term refers to the www.playshift.fr website and the related «PlayShift» mobile and tablet applications.
    • Service(s): this term refers to all the Services accessible on the Platform.
    • User: this term designates any person who uses the Platform or one of the Services offered by the Platform. This same User is called a Member if he has registered and activated his PlayShift account.

  • Article 4: Access and use of the Platform

    The PlayShift Platform is or will be available to download free of charge from the Apple Store and the Google Play online shop. Availability of the Platform is subject to device compatibility, in particular iOS version (iOS 10 or later) or Android version (5.0.0 or later).
    PlayShift shall not be liable for any operating or compatibility problems on its terminal.
    Subject to the availability mentioned above, the Platform is accessible free of charge from any location to any User with Internet access. All costs incurred by the User in accessing the service (hardware, software, Internet connection, etc.) are at the User’s expense. Access to the Platform is subject to acceptance of these T&C as well as the Privacy Policy and the Code of Conduct.
    The PlayShift Platform gives Members access to the following Services:
    • Putting people in touch with each other face-to-face and/or online,
    • Video game exchange,
    • Creating events around video games.

    Non-Member Users do not have access to the reserved Services. To do so, they must register by filling in the form. By agreeing to register for the reserved Services, the User undertakes to provide truthful and accurate information about their civil status and contact details, in particular their email address.
    To access the Services, the User must then identify himself using his login and password, which will be sent to him after registration.
    Any User member who is regularly registered may also request to be removed from the list by going to the dedicated page in their personal space. This will take effect within a reasonable period of time. PlayShift shall not be held liable for any event due to force majeure resulting in a malfunction of the site or server, subject to any interruption or modification in the event of maintenance. In such cases, the User agrees not to hold the publisher liable for any interruption or suspension of service, even without notice.
    The User may contact the site by e-mail at the publisher’s e-mail address given in article 2.
    The platform is reserved for people aged 15 and over.

  • Article 5: Sponsorship

    PlayShift has set up a referral system enabling Members to invite their community to download and use the application.
    Rewards may be granted to sponsors and their godchildren. These benefits may change at any time without notice.
    Members are solely responsible for their sponsorship activities.

  • Article 6: Code of Conduct

    The Code of Conduct summarises the fundamental rules of the PlayShift Platform in a clear and precise manner.
    The User who has become a Member must have read and understood the Code of Conduct and accept it without reservation or restriction. Where applicable, and as stipulated in Article 1, the User shall renounce the Services provided by PlayShift.

  • Article 7: Data collection

    The information requested when registering on the Platform is necessary and compulsory to create a Member account.
    Users are solely responsible for the information they communicate, in particular information published or transmitted to third parties on the application that could enable them to be identified (telephone number, address, identity, social networks, etc.).
    PlayShift assures the user that personal information is collected and processed with respect for privacy in accordance with the French law n°78-17 of 6 January 1978 relating to data processing, data files and individual liberties.
    In accordance with the French Data Protection Act of 6 January 1978, Users have the right to access, rectify, delete and object to their personal data. The User may exercise this right by sending an e-mail to support@playshift.fr .

  • Article 8: Intellectual property

    Trademarks, logos, signs and all content on the Platform (text, images, sound, etc.) are protected by the French Intellectual Property Code and, more specifically, by copyright.
    The User must request prior authorisation from the Platform for any reproduction, publication or copying of the various contents. The User undertakes to use this content in a strictly private context; any use for commercial or advertising purposes is strictly prohibited. Any total or partial representation of this site by any means whatsoever without the express authorisation of the operator shall constitute an infringement punishable under article L 335-2 et seq. of the French Intellectual Property Code. In accordance with article L122-5 of the French Intellectual Property Code, Users who reproduce, copy or publish protected content must cite the author and source.
    Any content put online by the User is his/her sole responsibility. The Member undertakes not to put content online that may harm the interests of third parties. Any legal action taken by an injured third party against the Platform shall be borne by the Member. Member content may be removed or modified by the Platform at any time and for any reason. The Member does not receive any justification or notification prior to the deletion or modification of its content.

  • Article 9: Responsibility

    By these T&C, which constitute a contract, PlayShift submits to an obligation of means with respect to the User, the Member and all potential third parties. PlayShift undertakes to use its best endeavours to meet its obligations. The Platform has limited resources and accepts no liability for its use.
    PlayShift makes every effort to minimise malfunctions of its Platform. This includes, but is not limited to, fraudulent access. However, the User acknowledges that it is impossible to absolutely guarantee the security of a network and the confidentiality of transmitted data. The Platform undertakes to use all necessary means to guarantee data security and confidentiality to the best of its ability.
    Prior to any registration to PlayShift Services and throughout the registration process, the User must ensure the integrity and security of the data of the e-mail address used. PlayShift shall not be liable for any inconvenience (data theft, identity theft, fraud, password change, fraudulent access to the Platform, etc) caused by such failure.
    PlayShift wishes to point out the particularly sensitive nature of its e-mails. Consequently, the User is likely to receive fraudulent e-mails, allegedly from PlayShift. In case of doubt or for any suspicious e-mail report, the User is invited to contact PlayShift management at the following e-mail address: support@playshift.fr .
    Neither the Company, nor in particular its managers, directors, agents, subcontractors, partners or employees shall be liable to the User for damages, prejudice or harm of any nature whatsoever arising from the use of the Platform and its content.
    The sources of the information published on the PlayShift Platform are deemed reliable, but the site does not guarantee that it is free from defects, errors or omissions.
    Despite regular updates, the PlayShift Platform cannot be held responsible for changes in administrative and legal provisions occurring after publication. Similarly, PlayShift cannot be held responsible for the use and interpretation of the information contained on the Platform.
    The User is responsible for keeping his/her password secret. Any disclosure of the password, in whatever form, is prohibited. The User assumes all risks associated with the use of the User ID and password. PlayShift declines all responsibility.
    The PlayShift Platform shall not be held liable for any viruses that may infect the computer or any other computer equipment of the User as a result of using, accessing or downloading from the PlayShift Platform.
    The Member is solely responsible for verifying the identity of persons with whom he/she may have exchanges on the Platform. This includes the User’s potential virtual and physical exchanges enabled by the Platform.
    The Platform may not be held liable in the event of force majeure or the unforeseeable and insurmountable act of a third party.

  • Article 10: Hypertext links

    Hypertext links may be present on the site and the application. Users are informed that by clicking on these links, they will leave the PlayShift website or application. PlayShift has no control over the web pages to which these links lead and cannot, under any circumstances, be held responsible for their content.

  • Article 11: Amazon affiliation

    PlayShift is a partner of the Amazon affiliate program. The user is informed that certain links present on our application point towards products available on Amazon. The User is informed that by clicking on these links, he/she will leave the PlayShift site or application. As an Amazon Partner, we make a profit on qualifying purchases.

  • Article 12: Cookies

    Users are informed that when they visit the Platform, a cookie may be automatically installed on their browser.
    Cookies are small files stored temporarily on the hard drive of the User’s computer by your browser and which are necessary for the use of PlayShift’s Services. Cookies do not contain any personal information and cannot be used to identify anyone. A cookie contains a unique identifier, randomly generated and therefore anonymous. Some cookies expire at the end of the User’s visit, others remain.
    Similarly, equivalents to Cookies may exist on the mobile application and, more generally, on the Platform. Use of the Platform implies the use of these equivalents. We use them to collect data necessary for the service offered, or for improvement and targeting purposes.
    The information contained in cookies and their equivalents is used to improve the PlayShift Platform. By browsing the Platform, the User accepts cookies.

  • Article 13: Publication by the Member

    The PlayShift Services allow Members to publish the following content: personal works, images, photos, videos, written and vocal messages, sounds, music, comments, articles and opinions.
    In their publications, Members undertake to respect the rules of Netiquette (rules of good conduct on the Internet) and the rules of law in force.
    PlayShift may moderate publications and reserves the right to refuse to publish them online, without having to justify this to the member.
    Members retain full ownership of their intellectual property rights. However, by publishing a publication on the Platform, the Member transfers to PlayShift the non-exclusive and free right to represent, reproduce, adapt, modify, broadcast and distribute the publication, directly or through an authorised third party, throughout the world, on any medium (digital or physical), for the duration of the intellectual property. In particular, the Member grants the right to use his or her publication on the Internet and mobile telephone networks.
    The publishing company undertakes to include the member’s name close to each use of its publication.
    Any content put online by the Member is his/her sole responsibility. The Member undertakes not to post any content that may harm the interests of third parties. Any legal action taken by an injured third party against PlayShift shall be borne by the Member or the User.
    The Member’s content may be removed or modified by the site at any time and for any reason, without prior notice.

  • Article 14: Community reporting system

    The Platform has an intra-Community content reporting system. This means that each User can report a publication for various reasons (failure to comply with the rules of Netiquette, abusive, violent, shocking or inappropriate content, etc.).
    A moderation service is set up by PlayShift. PlayShift’s management has sole authority to appoint staff to this service.
    The Platform exercises preventive moderation over publications and content it deems to be at risk.
    It also moderates publications a posteriori and reserves the right to refuse to put them online, without having to justify this to the Member.
    Moderation has the right to delete and modify Member and User publications.
    Moderation will judge the seriousness of the content published in order to inform or sanction the Member. Sanctions may include: a warning, a temporary ban or a permanent ban.
    The PlayShift moderation team is the only one able to apply these sanctions, and its decision-making power is unilateral and discretionary.
    In the event of a dispute or for more information about the decision taken by the moderation, the Member is invited to contact the decision-making department at the following e-mail address support@playshift.fr .
    The moderation team reserves the right to decide whether or not to grant the Member’s request.

  • Article 14: End of the contract

    15.1 : Deleting your account
    The Member may decide at any time and without notice to unilaterally terminate this contract by deleting his/her account. The account is deleted via the ‘Delete your account’ button in the user profile. This deletion is definitive and irreversible. The Member loses all data and progress on the PlayShift Platform.

    15.2 : Permanent ban
    As provided in Article 14, the Moderation Department reserves the right to permanently ban a Member who does not comply with the Code of Conduct or these Terms and Conditions. Such a ban shall constitute unilateral termination of the contract by PlayShift.
    PlayShift shall notify the offending Member by e-mail and the Member shall not be entitled to claim that the Member did not read the e-mail. The Member shall lose all data and progress on the PlayShift Platform.

  • Article 16: Unfair competition and parasitism

    It is strictly forbidden to design and publish a product similar to PlayShift. It is strictly forbidden to create a drift, to be guilty of parasitism, of acts of imitation, of denigration or any other act constituting unfair competition or an act of counterfeiting concerning all or part of the elements presented on the Platform. This includes, but is not limited to, trademarks, logos, slogans, colors, designs, ergonomic features and any other element that is the intellectual property of PlayShift.
    PlayShift reserves the right to take legal action against any Member, User or outside company that attempts to infringe its intellectual property and/or is guilty of unfair competition and/or parasitism.

  • Article 17: Complaints and contact

    PlayShift is at the disposal of Users, Members and other third parties for any complaint at the following e-mail address support@playshift.fr .
    The Platform reserves the right to decide whether or not to grant the request.

  • Article 18: Evolution of the contract

    The Platform may decide, at any time and without prior notice, to modify all or part of these T&C. The terms of Article 1 of this contract shall apply so that the User can express his agreement without reservations or restrictions.
    In such a case, the User shall renounce the Services offered by the PlayShift Platform.

  • Article 19: Duration and termination

    The term of this Agreement shall be terminated by either party. The T&C shall be valid from the moment the User registers for PlayShift’s Services throughout the continuity of the service.
    The terms and conditions for terminating this contract are set out in Article 15 of these T&C. In the event of termination of this Agreement, this Agreement shall be deemed null and void upon termination by either party. However, PlayShift reserves the right to take legal action against any third party who is in breach of its contractual obligations.
    The Platform reminds its Members and Users that they remain subject to French law, including in the event of termination. Consequently, PlayShift reserves the right to summon former or current Members, Users and Third Parties to defend its interests.

  • Article 20: Applicable law and competent jurisdiction

    French law applies to this contract. In the event of failure to resolve a dispute between the parties amicably, the French courts shall have sole jurisdiction.
    For any question relating to the application of these T&C, you may contact the publisher using the contact details given in article 2.