Terms of Service
Who are we?
The VRROOM WORLD platform (“Platform”) is published by the company PERPETUAL EMOTION with capital of XXX and represented by René-Louis CACCIUTTOLO.
Our head office is located at 12 avenue Jean Jaurès, 66270 Le Soler and we are registered with the register of Perpignan under the number 834 566 580.
You can contact us at any time at [email protected].
The Platform is hosted by OVH, whose registered office is located at 2 rue Kellermann, 59100 Roubaix, France and Microsoft Azure whose registered office is located at 39 Quai du Président Roosevelt, 92130 Issy-les-Moulineaux, France.
The Platform enables users to create and/or enjoy and participate in concerts, events and live performances in a simulated reality.
What are the different types of users and rules to be observed on the Platform?
A user is any person who has an account on Vrroom in order to benefit from the services of our Platform.
Users can therefore be Creators, who create and customize universes within the Platform on their own behalf, on behalf of artists or other users. These universes can be used to set up events, concerts and live shows in a simulated reality.
Users may also be Artists who wish to stage and organize their artistic performances (concerts, shows, live performances, etc.) on the Platform. These Artists may, if they wish, benefit from the worlds created by Creator Users for their performance, or create their own universe as a Creator.
Alternatively, users may designate any person wishing to register for or participate in events organized by Artists or other users on the Platform.
In order to enable all users to have the best experience on our Platform and to ensure a safe and trusted environment, we have put in place “Community Rules” aimed at making users aware of how to use our Platform, both in terms of content and behavior.
These Community Rules are an important code of conduct that must be respected to ensure that Vrroom remains an open, respectful, caring and abuse-free space for expression and creativity. It is therefore important to respect them so that everyone can use our services in complete safety.
By using our Service, you accept these T&Cs as well as our Community Rules, which are as follows:
- User Rules
- Creator Rules
- Artist Rules
What is the purpose of Terms of service?
The trust you place in us every day is our priority. That’s why we do our utmost to ensure that you can maintain this trust on a day-to-day basis, which of course means respecting our Terms of Service (“Terms”).
The Terms, which apply to all our services, are intended to set out the rules you must follow when using the Platform. Any use of the Platform implies unreserved acceptance of the Terms.
You therefore certify that you have read the Terms prior to any use of our Platform and that you have all the information and skills necessary to ensure that the services provided correspond to your needs.
What are the conditions for opening an account?
To create an account on our Platform, you must be a natural person, of legal age, with full legal capacity to enter into commitments under the Terms. If you are a minor, you must obtain the prior consent of the person with parental authority.
Your account is strictly personal. You therefore undertake to provide the identification data required to create the account in a personal, correct, accurate and truthful manner. You must also inform us of any changes to the information required for normal use of the Platform.
You are responsible for maintaining the confidentiality of your account and password, and for restricting access to your terminal (e.g. tablet, mobile, etc.). If you have any doubts about the vulnerability of your account or the confidentiality of your access, you must change your password and/or contact our support department as soon as possible. Otherwise, and to the extent permitted by applicable law, you are responsible for all activities that occur under your account.
We recommend using a complex password (made up of numbers, upper and lower case letters and punctuation marks) to increase account access security, and changing your password regularly when accessing your account settings.
What are our commitments?
We do our utmost to provide you with a quality service, accessible 24/7, offering accurate and precise content, free from any risk of technical failure.
However, as there is no such thing as “zero risk” when it comes to information technology, we cannot be held liable for any loss or damage that may occur as a result of using the Platform, as we cannot be held liable for any errors, unavailability or interruptions that may occur on our Platform, or in the event of a virus being accessible from our Platform. Nor shall we be liable for any delay or impossibility on your part in fulfilling your obligations under the Terms if the delay or impossibility results from any cause beyond our reasonable control.
Nor are we responsible for any hacking, errors or viruses that may be installed on your terminal and affect the service, or for any steps or actions taken or omitted by a system administrator.
In addition, your access to the Platform or services may occasionally be suspended or limited to allow for repairs, maintenance, or to add a new feature or service.
In all cases, it is expressly agreed that we are subject only to an obligation of means for the provision of the Platform. You further agree that we shall only be liable in the event of fault on our part, it being understood that this liability shall only apply to direct and foreseeable damage, indirect damage being excluded, and that we shall not be liable for commercial losses (including loss of profit, contracts, anticipated savings, data, goodwill or superfluous expenditure), which were not foreseeable when you began to use the Platform.
Indirect damages include loss of data, time, profits, sales, margins, orders, customers, operations, revenues, commercial actions, brand image, expected results, third-party actions and, in general, any commercial disturbance whatsoever. Likewise, any action by a third party against you is considered indirect.
Furthermore, you are informed that any case of force majeure immediately and automatically suspends performance of the Platform. In the event of force majeure lasting more than two months, we reserve the right to suspend or terminate the service without notice or compensation.
Events beyond our control, which could not be reasonably foreseen when the Platform was made available and whose effects cannot be avoided by appropriate measures, and which prevent its use, are considered to be force majeure.
In particular, these are those usually retained by the jurisprudence of French courts and tribunals, such as war, riot, fire, internal or external strikes, lock-out, occupation of premises, bad weather, earthquake, flood, water damage, legal or governmental restrictions, legal or regulatory modifications, accidents of all kinds, epidemics, pandemics, illness affecting more than 10% of our company’s staff within a period of two consecutive months, lack of energy supply, partial or total shutdown of the Internet network and, more generally, of private or public telecommunications networks, road blockages and supply impossibilities and any other event beyond our control preventing the normal execution of our Platform.
Finally, when you use our Platform to create and stage shows, we provide our Platform as a processor, and in this case we are only liable for failures related to our service, and not for failures on your part in the context of your activity.
What are your obligations and duties?
You agree not to arrange, modify, decompile, disassemble, reverse engineer, translate, adapt, reproduce, distribute, disseminate or transfer any information, software, products or, in general, any element of the Platform. Re-posting, scrapping, or automated or high-volume use of the Platform is expressly prohibited.
You agree to comply at all times when using our Platform with (i) applicable national and international laws and regulations and (ii) the Terms.
YOU WARRANT THAT YOU WILL NOT USE THE PLATFORM FOR ANY PURPOSE THAT IS UNLAWFUL, IMMORAL OR CONTRARY TO ITS INTENDED USE AND/OR PURPOSE.
WHEN YOU USE OUR PLATFORM AS A PROFESSIONAL TO CREATE, MANAGE, ORGANISE OR STAGE SHOWS, YOU ALSO GUARANTEE THAT YOU WILL USE THE DATA OF END USERS OR THIRD PARTIES, PROCESSED VIA THE PLATFORM, IN ACCORDANCE WITH THE APPLICABLE REGULATIONS ON THE PROTECTION OF PERSONAL DATA AND, IN PARTICULAR, THE GDPR. WE CANNOT BE HELD RESPONSIBLE FOR ANY BREACHES OF THE RGPD THAT YOU MAY MAKE USING THE PLATFORM.
Furthermore, by using the Platform, you acknowledge that you only have a right of use for your account.
In all cases, you agree not to, directly or indirectly:
- use the Platform in such a way as to infringe the intellectual and industrial property rights, privacy rights and/or image rights and/or any other rights of others. create, use, share and/or publish by any means any material (text, words, images, sounds, videos, etc.) or content which, in our sole opinion, is aggressive, threatening, malicious, defamatory, false, pornographic, paedophilic, obscene, vulgar, racist or xenophobic. ) or content which, in our sole judgment, is aggressive, threatening, malicious, defamatory, untruthful, pornographic, paedophilic, obscene, vulgar, racist, xenophobic, incites hatred, sexually explicit, violent, contrary to accepted standards of behavior or in any other way objectionable.
- carry out activities aimed at accessing elements or functionalities of the services whose use is made without our prior and express authorization.
- arrange, modify, translate, adapt, reproduce, index, copy and/or extract any information, software, product or other element or part of the Platform, by any means without our prior and express authorization.
- modify, distort, block, abnormally burden, disrupt, slow down, and/or hinder the normal operation of all or part of the Platform, or their accessibility to other users, or the operation of partner networks, or attempt to do any of the foregoing.
- transmit or propagate any virus, Trojan horse, worm, bomb, corrupted file and/or similar destructive device or corrupted data, and/or organize, participate or be involved in any way in an attack against our servers and/or the Platform and/or the servers and/or services of our service providers and partners.
- use the account of another user of the Platform, impersonate another person or attribute to you a false capacity in dealings with any person or entity.
- harass other users of the Platform, engage in pyramid selling or similar schemes, or send unsolicited email, spam or any other unsolicited advertising or promotional material, whether or not for commercial purposes.
- collect or intercept by any means not expressly permitted data exchanged by other users, or the names/pseudonyms and/or passwords of any other user.
- attempt to obtain a password, account information or other private information from any other user of the Platform, and/or sell, rent, share, loan and/or otherwise transfer to any third party your account and/or the means to access it and/or otherwise make any third party benefit from your account.
- access, use, download via the Platform or otherwise reproduce or provide to anyone (whether free of charge or for a fee) any directory of users of the Platform or any other information relating to users or the use of the Platform.
- make improper use of the support service we provide.
- access, use, download via the Platform or otherwise reproduce or provide to any other person (whether free of charge or for consideration) any directory of users of the Platform or any other information relating to users or the use of the Platform.
If you become aware of any behavior that is malicious or contrary to our Terms or the interests of other users, you may contact us at [email protected].
Can your account be suspended or deactivated?
We may limit, restrict, suspend or terminate all or part of your account at any time, without notice or prior notice, in the event of a breach of your duties and obligations under the TOS or at the express request of an administrative or judicial authority, or in the event of an actual or alleged infringement of any right, all without this measure being considered a breach of our obligations. Your IP address may be used to identify you in order to comply with the Terms.
Any closure of your account will result in the permanent deletion of the information communicated to us when you opened or updated your account, of all documents and other items stored via the Platform, as well as, where applicable, any document or content that you may have published, uploaded or made available on the Platform.
We therefore strongly recommend that you save all documents, information and other items stored on the Platform on your computer or on an external hard drive. Notwithstanding the foregoing, we reserve the right to store the aforementioned documents, information and other items on our servers for a reasonable period of time.
In the event of closure of your account at your initiative, no refund, either total or partial, of sums already paid will be made. In the event of closure of your account at our initiative for non-compliance with these Terms, no refund, either total or partial, of sums already paid will be made. Furthermore, you are strictly forbidden to open a new account, with the same or a different e-mail address, or through an intermediary, without our prior written authorization. In this case, please contact us at the following e-mail address to request the creation of a new account: [email protected].
What rules apply to intellectual property?
We are and shall remain the exclusive owners of all intellectual property rights in the trademarks (e.g. VRROOM, Perpetual Emotion, VRROOM WORLD etc.), graphics or logos, or any other elements that you may view when using our Platform.
The fact that you may have free access to it during your use does not imply that we grant you any license or right to use the elements of the Platform.
You therefore have no right to use these elements in any way whatsoever, in whole or in part, without our prior written authorization. Any unauthorized use by you may constitute an infringement punishable under articles L335-2 et seq. of the French Intellectual Property Code and articles L713-2 et seq. of the same code.
Our Platform may also mention, for various reasons, other logos, trademarks or registered trademarks belonging to us or to third parties and protected by industrial property law. Any use of these elements that is not expressly authorized constitutes counterfeiting.
In accordance with the provisions of Law no. 98-536 of July 1, 1998 transposing into the French Intellectual Property Code Directive 96/9 EC of March 11, 1996 on the legal protection of databases, we hereby inform you that we are the producer and owner of all or part of the databases used via the Platform. Consequently, any extraction and/or reuse of databases within the meaning of articles L342-1 and L342-2 of the French Intellectual Property Code is prohibited.
As a user of the Platform, you undertake to comply with all applicable laws and regulations relating to copyright and related rights, including in particular the obligation to pay SACEM (Société des Auteurs, Compositeurs et Éditeurs de Musique) or any other competent collective management organization, where applicable, for the distribution of audio content protected by copyright.
You acknowledge that you are solely responsible for obtaining and paying these SACEM rights or any other equivalent rights, where applicable, and you undertake to comply scrupulously with all legal obligations in this respect.
In this respect, you must be able to provide proof of payment of SACEM rights or any equivalent rights, in accordance with the laws and regulations in force. Such proof may be requested from you at any time by VRROOM, collective management organizations or any competent copyright authority.
In the event of non-compliance with these obligations, we reserve the right to take appropriate measures such as the suspension or termination of your account in accordance with the provisions of these Terms of Service, as well as the deletion of protected content for which you have violated copyright.
You agree to indemnify and hold harmless VROOOM from and against any and all losses, claims or liabilities arising out of your breach of the obligations set out in this clause.
How do we use your personal data?
When we work together and you use the Platform, we have no choice but to process your personal data, in particular to process your requests, manage our commercial relations, etc.
Thus, with regard to security, maintenance, development, management of the Platform and management of your user accounts, we act as Data Controller. Similarly, when you use our Platform to take part in concerts, events and live performances, we act as Data Controller.
However, in relation to your use of the Platform to create, manage, organize and stage concerts, shows, events involving the processing of personal data by the Platform on your behalf, we act as a Processor within the meaning of Regulation (EU) 2016/679 of 27 April 2016 (“GDPR”). The obligations of the Sub-processor are set out in the “Data Protection Agreement”, attached to these Terms.
Which “standard” language applies?
The platform can be translated into various languages. Nevertheless, French remains the “standard” language of our company and our business. The French language therefore always prevails over other versions of our Platform in the context of our working relationship, particularly in the event of misinterpretation, dispute, litigation, or difficulty in interpreting our services.
What are the rules governing hypertext links?
The Platform may contain hyperlinks to third-party websites. You are informed that we are neither responsible nor liable for any offers, actions, content, products, services or any other items available via these links.
In addition, we would be grateful if you would inform us in advance of any hypertext link present on the Platform that would allow access to a third-party site offering content contrary to the law or morality.
We archive communications, files, contracts, order forms and invoices on a reliable and durable medium so as to constitute a faithful and durable copy. These communications, files, contracts, order forms and invoices may be produced as proof. In the absence of proof to the contrary, the data recorded by our teams constitutes proof of all exchanges between you and us.
The nullity of one of the clauses hereof does not entail the nullity of the Terms and the other clauses will continue to produce their effects.
Temporary or permanent non-enforcement of one or more clauses of the Terms does not imply waiver of the right to enforce such clause(s).
Which law applies?
We are a French company. Consequently, the use of our Platform is subject to French law and any dispute will be brought exclusively before the competent French courts.
Can the Terms be modified?
We reserve the right to modify the Terms at any time and without prior notice. We therefore advise you to consult them as regularly as possible.
Certifié conforme par Dipeeo ®
Data Protection Addendum
The purpose of the Data Protection Annex (hereinafter “DPA or “Agreement“) is to govern the use of personal data of the Client, who acts as the controller (hereinafter the “Client“), by VRROOM, who acts as the Processor (hereinafter the “Processor“) within the framework of the contract (hereinafter the “Contract“).
The DPA is an integral part of the Contract signed between the Client and the Processor. In the event of any inconsistency between the Contract and the DPA, the obligations set forth in the DPA shall prevail with respect to the applicable data protection rules.
All data protection terms used in the DPA (e.g. controller, processor, etc.) are defined in Article 4 of the General Data Protection Regulation (“GDPR”).
The Processor declares that it complies with all applicable data protection rules included in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (“GDPR“) and Law No. 78-17 of 6 January 1978 on information technology, files and freedoms, together referred to as the “applicable data protection rules“.
The Processor undertakes that it has all sufficient safeguards to meet the requirements of applicable data protection rules and, in particular, to guarantee the confidentiality and protection of Client’s data.
The Processor declares that all of its employees who process the Client’s personal data are bound by a confidentiality agreement or by any other legal document (e.g. rules of good conduct, information systems charter, etc.) that guarantees the confidentiality of the Client’s personal data.
The Processor declares that it regularly train and educate its employees on the applicable data protection rules.
The Processor agrees to use the Client’s personal data only upon documented instructions from the Client.
The Client undertakes to inform the Processor of any changes in the instructions that may be carried out regarding the use of its personal data.
The Processor shall promptly notify the Client if the Client’s documented instructions constitute a violation of applicable data protection rules.
4. Privacy by default and by design
The Processor shall provide its service as is, in compliance with (i) service compliance by design and (ii) service compliance by default.
The Processor provides a service with all functionalities enabling the Client to meet its obligations as a data controller.
Accordingly, the Processor shall never be liable for Client’s non-compliant use of the Service_.
The Processor undertakes to ensure the security of the Client’s personal data and to implement all technical and organizational measures necessary to prevent any risk of data breach.
6. Breach of data
The Subcontractor undertakes to notify the Client, as soon as possible and within 48 working hours of becoming aware of any breach of data which may concern the Client’s personal data.
The Processor undertakes to provide the Client, in accordance with the provisions of Article 28 of the GDPR, with all information necessary for the Client to process the data breach.
In the event of a data breach, the Processor agrees to take all necessary steps to remediate and diminish the impact of the breach on Client’s personal data.
Unless the Client has given its express prior written consent, the Processor is not authorized to take charge of data breach notifications to the French supervisory authority, the CNIL. Similarly, the Processor is not, as a matter of principle, authorized to inform on behalf of the Client the persons concerned by the processing carried out under the Contract.
7. Help and assistance in matters of security
The Processor shall provide the Client, upon written request, with all necessary and required information on the technical and organizational security measures to be implemented to guarantee the security of its personal data.
The Processor shall provide to the Client, upon written request, all information necessary and required to ensure the completion of an impact analysis (“PIA “) directly related to the service provided.
The Processor shall not be obliged to ensure or audit the Client’s security or to carry out impact analyses (“PIA”) in the place and on behalf of the Client. Any additional request for information may be refused and, if necessary, an additional service may be charged.
- Help and assistance in matters of rights of data subjects
Upon written request, the Processor shall provide the Client with all information necessary and required for the Client to fulfill its obligation to respond to requests of data subjects.
The Processor shall, upon written request from the Client, perform the technical actions to be undertaken in order for the Client to fulfill its obligation to respond to requests from data subjects.
However, the Processor is not obliged to manage requests for personal rights in the place and on behalf of the Client. Any additional request to ensure such management may be refused and, possibly, an additional service charged.
The Client generally agrees that Processor may engage Subprocesors in the performance of the Service provided that the Client is notified of any changes in such Subprocessors during the performance of the Service.
The Client may issue objections by registered letter with return receipt if (i) the Subprocessor is one of its competitors, (ii) Client and the Subprocessor are in a dispute or litigation situation, and (iii) the Subsprocessor has been the subject of a condemnation by a Data Protection Supervisory Authority within one year of its recruitment by the Processor. Each of these situations must be demonstrated.
In the event that the objection is sustained, the Processor shall have 6 months from receipt of the objection to modify the Subsprocessor or to ensure compliance with applicable data protection rules by such Subprocessor.
In all cases, the Processor agrees to engage only Subprocessors who have the necessary and sufficient guarantees to ensure the security and confidentiality of Client’s personal data.
As such, the Processor agrees to (i) control its subsequent Subprocessors and (ii) that the contract with the subsequent Subprocessors used in the service will contain obligations similar to those in the DPA.
In any event, the Processor shall remain liable for the actions of the Subprocessor under the Agreement.
10. Fate of personal data
The Client shall inform the Processor, in writing prior to the end of the business relationship, of its choice (option 1) to return the personal data to the Processor and then delete the personal data and all existing copies, or (option 2) to delete the personal data and all existing copies directly, or (option 3) to transfer the personal data to a new provider and then delete the personal data and all existing copies. Unless otherwise provided for in the Agreement, option 3 must be quoted by the Client.
If the Client does not inform the Processor of its choice, the Processor will directly delete the Client’s data and all copies (option 2) at the end of the business relationship.
The deletion of data is irreversible. The Client is therefore invited to recover its data before the service is stopped. In case of deletion of the Client’s data by the Processor, the Customer remains solely responsible for the disappearance of the data and any consequences that may occur.
The Processor shall certify to the Client, upon written request, the effective deletion of the personal data and all existing copies.
The Client has the right to conduct an audit in the form of a written survey once a year to verify compliance with this Agreement. The survey shall have the force of a sworn undertaking binding on the Processor.
The survey may be communicated in any form to the Processor, who undertakes to respond within a maximum of two months of receipt.
The Client also has the right to conduct an on-site audit, at its own expense, once a year only in the event of a data breach or failure to comply with applicable data protection rules and this DPA, including as established by the written survey.
An on-site audit may be conducted either by the Client or by an independent third party designated by the Client and must be notified to the Processor in writing at least thirty (30) days prior to conducting the audit.
The Processor has the right to refuse the selection of the independent third party if the independent third party is (i) a competitor or (ii) in pre-litigation or litigation with the Processor. In such case, the Client agrees to select a new independent third party to perform the audit.
The Processor may refuse access to certain areas for reasons of confidentiality or security. In this case, the Processor will audit these areas at its own expense and report the results to Client.
In the event of any breach found during the audit, the Processor agrees to implement, without delay, the measures necessary to comply with this Agreement.
12. Data transfers outside the European Union
The Processor undertakes to use its best endeavours to not transfer personal data of the Client outside the European Union or to recruit a subsequent Processor located outside the European Union.
Nevertheless, in the event that such transfers prove necessary in the context of the Contract, the Processor undertakes to implement all the mechanisms required to govern such transfers, such as, in particular, entering into the Standard Contractual Clauses (“SCCs”) adopted by the European Commission.
13. Cooperation with the supervisory authority
Where this concerns processing carried out within the framework of the Contract, the Processor undertakes to provide, on request, all the information necessary for the Client to cooperate with the relevant Data Protection Supervisory Authority.
The Client and the Processor shall each appointed an interlocutor who shall be in charge of this DPA and who shall be the recipient of the various notifications and communications to be made under the DPA.
The Processor informs the Client that it has appointed Dipeeo as its Data Protection Officer, who can be contacted at the following address
- Email address: [email protected]
- Postal address: Dipeeo SAS, 95 avenue du Président Wilson, 93100 Montreuil, France
- Phone number: +00 33 (0)9 86 23 21 29
The Processor reserves the right to modify this Agreement in the event of changes in applicable data protection regulations that would alter any of its provisions.
16. Applicable law
This Agreement shall be governed by French law. Any dispute relating to the execution of this Agreement shall be subject to the exclusive jurisdiction of the courts of the Court of Appeal of the place of residence of the Subcontractor.
Certifié conforme par Dipeeo ®