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Last update: March 6th, 2017
These General Terms of Use must be read through carefully.
1. ACCEPTING THE TERMS
For purposes of this EULA, "Application" means all software programs distributed, published or otherwise made available by ASMODEE DIGITAL or its affiliates including, but not limited to mobile games, downloadable/installable games for personal computer, and games accessed by means of a browser or other online communication method. Application also includes updates and upgrades as well as accompanying manual(s), packaging and other written, files, electronic or on-line materials or documentation, and any and all copies of such software and its materials..
These General Terms of Use (the "Terms") regulate the rights, obligations, and restrictions related to the use of the Application, online services including the Application's functions and the Internet site related to the Application ("the Services" by the user ("the User"), and provided by ASMODEE DIGITAL or any of its associates. Your use of the Services and the Content (as defined below) is subject to the Terms that automatically apply to any use of the aforementioned Services.
IF YOU DO NOT AGREE WITH THE TERMS OF SERVICE AND THE TERMS OF USE MENTIONED BELOW, PLEASE DO NOT CONTINUE TO USE THE SERVICES OF ASMODEE DIGITAL.
Using the Services or Content, in whole or in part, implies that you accept and undertake to respect the Terms, ASMODEE DIGITAL's Privacy Policy regarding personal data (hereinafter, the "Privacy Policy"), all other notices of advertisement, and/or other terms, in particular the terms of sale from the App Stores ("Terms of Sale") and the game rules, where appropriate, applicable throughout the use of the Application, unreservedly.
You accept the Terms relating to the use of the Application by a minor by giving your approval to allow your child or a minor under your responsibility to register for or use one of our Services.
The Content includes in particular (i) all intellectual property rights (in particular but not limited to rights over marks, drawings and models, domain names, logos, copyrights related to one of the Services), (ii) all elements whether textual, graphical, musical, video, visual, or audible that appear in any of the Services, and (iii), where applicable, online User-created Content (as defined in article 8 below).
These Terms include the Privacy Policy. By acknowledging these Terms, you acknowledge to have read and accepted the Privacy Policy available in the Application, under options menu.
Under article 16 below, ASMODEE DIGITAL reserves the right, at any time, to modify the clauses of these Terms, whether by making additions or deletions.
2. ACCESSIBILITY AND ACCOUNT REGISTRATION
2.1 Account Creation
In order to be able to access and/or use certain functions and/or advantages of the Services, we may ask you to proceed with the creation of an ASMODEE DIGITAL account (hereinafter, "the Account"). To create a new Account, go to https://account.asmodee.net/en/signup, provide a valid email address and the requested personal information. You undertake to supply truthful and accurate information about the Account holder. To access the Services, you must meet certain criteria, in particular the age criteria. Certain Services may also require the creation of a user name (defined as a series of characters acting as a unique means of identifying yourself on an Internet site, namely a screen name, hereinafter "User Name") and/or an avatar (visual identity linked to the Account and created by the User), and/or a password. The user name is a unique element, no two users can have the same one. The User Name and avatar are also subject to these Terms, they must comply with all the terms; these two elements must also comply with the rules of conduct which apply on the Internet and be lawful. They must therefore not be insulting, defamatory, vulgar, obscene, or in any other way in violation of the rights of others (in particular, without limitation, name rights and image rights).
You agree to your User Name being publicly displayed in the course of the use of the Services, thus we advise you not to include your surname.
For all other information that can be publicly displayed, please refer to our Privacy Policy.
Do not reveal your password, or memory joggers, to outside parties, ASMODEE DIGITAL will never initiate contact with you to ask you for this information. Any use of your Account, and in particular any online purchase, is deemed to be carried out by the Account holder.
2.2 Accuracy and Use of Account Data.
During the creation of your account and your registration, you agree to supply accurate and complete information, and to keep this information up-to-date, in accordance with ASMODEE DIGITAL's requests.
You shall not claim or imply to be any other person or entity, by providing false information concerning a parent or legal guardian or any other person, namely, by using the User Name, avatar, or any other information such as voice or image.
ASMODEE DIGITAL may take action to check the accuracy of the information you give, where applicable, by phone or by the email address you have given for a parent or legal guardian. In order to prevent risks of fraud, you agree to send the necessary authorizations and supporting documents to ASMODEE DIGITAL on request by email, fax, or post, which may include in particular a copy of your national identity card or your passport.
You agree to inform ASMODEE DIGITAL as quickly as possible of any unauthorized use of your User Name, password, all other Account-related information, or of any other security violation concerning the Services which comes to your attention. A support form is available at https://asmodee.helpshift.com.
3. USE OF SERVICES
3.1.
ASMODEE DIGITAL maintains these Services for your personal entertainment, for your information, your education, and to communicate with you. Without ASMODEE DIGITAL's prior written permission, you may not reproduce, distribute, modify, display, sell, rent, prepare derivative works based on, republish, or otherwise use the content of the Services, with the exception of copies of content you may need to download and store temporarily on your computer for personal use, for non-commercial purposes, and only in read mode, provided that you do not delete or modify the copyright, marks, or any notice of ownership. Unless expressly stated beforehand, nothing entitles you to any particular right of license and/or copyright and/or intellectual property on the Application and/or the Services and/or Content.
3.2.
In the event that you download software from the Services (which will be necessary for example when downloading the Application onto a Compatible Mobile Terminal, an update, an upgrade, etc.), the software, the code (in whole or in part), as well as any files, images incorporated in or generated by the software, and data accompanying the software (collectively as the "Software"), are licensed to you by ASMODEE DIGITAL. ASMODEE DIGITAL will never transfer to you the intellectual property rights to the software. You are the owner of the media on which the software is registered; however, ASMODEE DIGITAL reserves all rights and titles on the services, as well as its intellectual properties.
ASMODEE DIGITAL hereby grants you a non-transferable, non-exclusive, and non-commercial personal license, and it is exclusively for recreational purposes that will not be used for any other purpose.
You may not sell, copy, exchange, transfer, publish, rent out, grant a license for, distribute, commercialize or commercially exploit the Software and/or the Application, or to decompile it, disassemble the code, reduce it to a format that is readable to humans or grant or distribute any type of element that you can copy or derive from the Software and/or the Application.
The license permitting the installation and use of the Software and/or the Application will be effective from the time it is downloaded until terminated. You may terminate this license agreement at any time and for any reason by informing ASMODEE DIGITAL that you wish to terminate it. ASMODEE DIGITAL and its licensors may terminate your license agreement at any time, with due reason. The termination by ASMODEE DIGITAL will take effect within one month, if ASMODEE DIGITAL and/or its licensors decide definitely to cease publishing, or offering or ensuring maintenance of the Software and/or the Application. In the event of termination, by you or by ASMODEE DIGITAL, the license you have been granted will expire immediately and you will have to immediately and definitely uninstall the Software and/or the Application and destroy all copies that you may have. The User may not request to be refunded for any sum already paid.
You are informed that computer developments are not compatible with all computer platforms and media, and that the performances of the ASMODEE DIGITAL Software and the related Services may vary depending on your equipment.
The Terms of Use of online downloading platforms remain applicable in their entirety and regulate your behavior when you access the Services via the services of online downloading platforms. In the event of a conflict between the terms of use of online downloading platforms and these Terms, the terms of use of online downloading platforms shall apply. ASMODEE DIGITAL shall not be held liable as a result for the services of online downloading platforms. ASMODEE DIGITAL will be responsible only for providing customer support and the billing of services obtained via the Services.
3.3
You undertake to comply at all times during use of the Services (i) with the national and international laws and regulations in force and (ii) with these Terms. You guarantee that you will not use the Service(s) (including through the creation and use of any Content Generated by yourself) for unlawful or immoral purposes or for purposes contrary to the intended use of the services and/or their purpose.
3.4
It is important to play in a safe way and to be aware of your surroundings. You agree that your use of the Application is at your own risk and that you are obligated to follow the health insurance, civil responsibility, risk, personal injury, health, life, and all other insurance policies that you determine to be reasonably necessary in case of some inconveniences you may incur through the use of this Application.
3.5
In order to take full advantage of the Services, you must have your own means of compatible telecommunication and Internet access. The provision of Services does not require that ASMODEE DIGITAL supply a compatible Mobile Terminal (as described below in article 19).
4. RULES OF CONDUCT.
4.1 In particular, you undertake not to directly or indirectly:
use within the framework of the Services any element or content which would infringe on the intellectual and industrial property rights, right to privacy and/or image rights, and/or any other rights of others;
create, use, share, and/or publish by any means (forum, public profile, or other means) within the framework of the Services any material (text, words, images, sounds, videos, etc.) or content which, in ASMODEE DIGITAL's estimation, is abusive, threatening, malicious, defamatory, untruthful, pornographic, pedophilic, obscene, vulgar, racist, xenophobic, liable to incite hatred, sexually explicit, violent, contrary to morality, or is in any other way unacceptable;
create, use, share, and/or publish by any means (forum, public profile, or other means) within the framework of the Services any material (text, words, images, sounds, videos, etc.) which would constitute a breach of an obligation of confidentiality or which would incite the committing of an unlawful act (in particular, piracy, hacking, or circulation of counterfeit software);
conduct activities aimed at accessing elements or functions of the Services whose use has not been authorized by ASMODEE DIGITAL;
arrange, modify, translate, adapt, reproduce, index, copy, and/or extract any information, software, product, or other element or part of the Content or Services, by any means without ASMODEE DIGITAL's express prior permission;
modify, distort, block, abnormally burden, disrupt, slow down, and/or hinder the normal functioning of all or part of the Services, or their accessibility to other Users, or the functioning of the partner networks of the Services, or attempt to do any of the above;
transmit or propagate any virus, Trojan, worm, bomb, corrupted file, and/or similar destructive device or corrupted data within the framework of the Services, and/or organize, participate in, or be involved in any way in an attack on ASMODEE DIGITAL's servers and/or the Services and/or those of its service providers and partners;
create, use, and/or circulate "auto", "macro", or other cheat, hack, mod, trainer, or bot programs or software applications, and/or use the Services via a mirror site;
create or supply other means enabling use of the Services by other persons, for example server emulators;
harass other Users of the Services, send them unsolicited messages for commercial prospecting purposes, use the Services for purposes of surveys, competitions, pyramid selling or similar operations, or for sending mass emails, spam, or any unsolicited advertising or promotional items, for commercial purposes or otherwise;
use another User's Account, assume another person's identity, or present false credentials in relation to any natural or legal person within the framework of the Services or while using of the Services;
use any means not expressly permitted by ASMODEE DIGITAL to collect or intercept data exchanged by other Users within the framework of the Services, or the names/screen names and/or passwords of any other User;
attempt to obtain a password, information concerning an Account or other information of a private nature from any other User of the Services, and/or sell, rent out, share, lend, and/or in any other way transfer to any outside party your Account and/or the means of accessing it and/or in any other way allow any outside party to benefit from your Account;
make inappropriate use of the game help service or the claim buttons or send untruthful reports to members of ASMODEE DIGITAL's personnel and/or those of its service providers and partners;
access, use, download from the Services, or otherwise reproduce or supply to anyone (free of charge or in return for payment) any directory of Users of the Services or any other information concerning Users or use of the Services;
refuse to obey the instructions of any ASMODEE DIGITAL representative, and/or impersonate any employee or representative of ASMODEE DIGITAL, its partners,
4.2 Fair Play
ASMODEE DIGITAL does not tolerate cheating, whether it be through the use of cheat software, the reverse engineering of the communication protocols or code, the use of multiple accounts, collusion with other players, etc. Any person found cheating will be subject to a warning, followed then by the freeze of their Account, resetting of their scores and rankings, removal of User privileges, and even the deletion of their Account, at ASMODEE DIGITAL's sole discretion.
By joining ASMODEE DIGITAL's Services, you agree to exercise constant fair play with regard to your opponents. Any User found voluntarily quitting a game before its normal completion, using stalling tactics to induce opponents to forfeit, or using foul or obscene language, could face the following risks, at ASMODEE DIGITAL's sole discretion: the freezing of their Account, resetting of their scores and rankings, and/or the deletion of their Account.
4.3 Monitoring of Services by ASMODEE DIGITAL
Opinions, advice, and/or recommendations are displayed or sent by the Users, which they are solely and wholly responsible for. ASMODEE DIGITAL is not responsible for these expressions.
Subject to the applicable imperative legal provisions, ASMODEE DIGITAL does not undertake to monitor the content made available on the Services by its Users. ASMODEE DIGITAL will, however, be aware of all reports of Unlawful Content (as defined in article 9 below) and will remove any element that is made available to Users that is likely to breach these Terms.
ASMODEE DIGITAL furthermore reserves the right to define additional rules of conduct and to place limits on the use of the Application. To the extent possible, ASMODEE DIGITAL will do its best to inform the User in advance of these additional rules of conduct and limits.
5. ONLINE CHAT ROOMS
The Services may include forums, chats, and/or groups information groups, or any other space allowing Users to share among themselves provided within the Services (hereinafter "Discussion Forum(s)"). The Discussion Forums are post-moderated, they do not allow for posts to be reviewed prior to being displayed on the Services.
When you post in the Discussion Forums, your user name and/or your avatar may be displayed. You confirm to have acknowledged and accepted that you are solely responsible for the disclosure and/or posting and/or circulation of your messages.
You undertake to comply with all these Terms, in particular the obligations contained in Article 4, and not to:
- publish any content which could be deemed unlawful
- restrict or prevent the use of the Discussion Forum for any other User of the Services
- transmit or obtain through the Services personal information regarding another User.
- transmit information that is unrelated to the subject or theme of the Discussion Forum
- transmit inappropriate or degrading information with regard to frequent Users of the Discussion Forum.
- harass or denigrate Users via the Discussion Forum or via private or public messages.
ASMODEE DIGITAL reserves the right to contact you in order to obtain more information regarding messages you post and verify that you are the owner of the content contained therein (photos, images, music, videos).
In any event, ASMODEE DIGITAL does not approve the opinions, advice, and/or recommendations displayed and/or sent by Users within the discussion forums and declines all responsibility regarding these.
6. INFORMATION AND PROTECTION OF MINORS
If you are a minor, and you wish to use wholly or in part the Services, you must acknowledge and understand these Terms with the help of your parents or legal guardians and obtain their consent to use the Services.
ASMODEE DIGITAL recommends, however, that the parents or legal guardians monitor the activities of their children or children under their guardianship, during their use of the Services. ASMODEE DIGITAL also recommends that you remain watchful to ensure that your children or children under your guardianship never disclose their personal data without your consent. Please note that ASMODEE DIGITAL is not authorized to ask for more personal information than what is necessary.
ASMODEE DIGITAL reserves the right to restrict or prohibit access to the Services by minors under the age of 13 years (hereinafter "Minor(s)") without obtaining your prior approval. It is understood that the Minors may be prohibited from using certain Services if they do not meet the age requirements set by the rating organizations.
Parents or legal guardians can at any time lock the account of their Minor by sending an email to the Privacy Policy administrator, whose contact information can be found at the following address: https://asmodee.helpshift.com.
Notwithstanding the above, the use of ASMODEE DIGITAL's Services must take place under parental supervision, any use of the Services by a Minor is assumed to have been previously validated by their parents or legal guardians. As far as is permitted by applicable legislation, ASMODEE DIGITAL declines all responsibility regarding use of the Services by minors without the permission of their parents or legal guardians.
7. INTELLECTUAL PROPERTY RIGHTS
The Services are developed, edited, and managed by or on behalf of ASMODEE DIGITAL.
The Services and all Content, and all intellectual property rights relating to their development, to the selection of these elements, to their presentation, and to their organization, are the property of ASMODEE DIGITAL, the Asmodee group, or their licensors and rightsholders; with the exception of any User generated content, addressed below in Article 8.
Likewise, the marks, domain names, acronyms, logos, drawings, and others contained on the Services are the sole property of ASMODEE DIGITAL, the Asmodee group, or their partners who have given them a license for use within the framework of the Services.
The Services and all Content are protected by copyright, legislation on databases, drawings and models, marks, and more generally, the international conventions and other laws protecting intellectual property and the exclusive rights related. Any reproduction or representation of these elements or wholly or partially the Content by any means and by any title is prohibited without ASMODEE DIGITAL's prior permission and, where applicable, of the licensors and rightsholders.
You acknowledge that you are only permitted to use these elements and information included in the Services and the Content within the limits expressly set by ASMODEE DIGITAL. You
acknowledge and accept that none of these Terms serve to transfer the property of any mark, trade name, or any other of the Services' property rights or any part of the Services and the Content to yourself or any outside party. You undertake not to do any act or thing which is inconsistent with this Article 7 or which is likely in any way to prejudice ASMODEE DIGITAL, the Asmodee group, or its rightsholders or beneficiaries.
8. USER GENERATED CONTENT
8.1
The Services allow you to publish Content on ASMODEE DIGITAL's servers. You shall not upload to, distribute through, or otherwise publish through the Services any Content which is defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violate any law. Content shall be used only for non-commercial purposes. You shall not, without our express written approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. You specifically acknowledge that soliciting other members to join or become members of any commercial service or other organization is expressly prohibited.
8.2
Except for personal information as governed by our Privacy Policy, any content or material you create via ASMODEE DIGITAL's Services, including, but not limited to, forum posts, user names, avatars, game scenarios, stories, images, videos, data, questions or answers, comments, suggestions, or the like, will be treated as non-confidential and non-proprietary. Anything you create or post via the Services may be used by ASMODEE DIGITAL and its affiliates for any purpose: products or service solicitations, reproduction, disclosure, transmission, publication, broadcast, and mailing (non-exhaustive list), on all known or as yet unknown media. You further represent that any content you upload is yours, and does not infringe on any third-party's marks or copyrights.
8.3
As such, you declare that you accept the fact that ASMODEE DIGITAL will be the sole owner of all rights relating to the Content that you develop online based on pre-existing ASMODEE DIGITAL Content, during the course of its development. By accepting these Terms, you agree to transfer irrevocably to ASMODEE DIGITAL, free of charge, all rights of use you may have over the Content created online by you, including but not limited to rights over trademark, patent, commercial secrets, copyright and neighboring rights, rights of publicity therein.
This transfer of rights is granted on a worldwide basis and for the period of protection of each Content created online by you by the applicable legislation.
ASMODEE DIGITAL, or any outside party to which the rights concerning the online User-created Content have been transferred [by ASMODEE DIGITAL] in accordance with this Article, may file or register any application for intellectual property rights relating to the online User-created Content in its own name, for all countries in the world.
8.4
In the event of a competent court ruling that all or some of the rights concerning the Content created online by you cannot be validly transferred to ASMODEE DIGITAL as described in Article 8.3, you hereby grant to ASMODEE DIGITAL, free of charge, permanently (or for the whole legal period of protection), an exclusive, irrevocable, and transferable right of use, reproduction, representation, modification, display, distribution, and, in general, exploitation of this Content created online by you as stipulated in Article 8.3, by any means, on all known or as yet unknown media, for all purposes (whether commercial or non-commercial), and on a worldwide basis,without your necessarily being mentioned as the source of this Content, given the technical or operational constraints.
8.5
If the online User-created Content reproduces your image, you hereby authorize ASMODEE DIGITAL to reproduce and represent, without compensation of any kind, your names and images, on all present or as future media (in particular but not limited to this list: press, digital, electronic, audiovisual), in any format, for all communication to the public worldwide, for any use including for advertising and/or commercial purposes, and for the whole period of protection currently granted in terms of copyright by legislative or regulatory provisions, court and/or arbitration rulings of all countries, as well as present and future international conventions, including subsequent extensions which may be applied to that period. Furthermore, you expressly and irrevocably authorize ASMODEE DIGITAL and its rightsholders, beneficiaries, to:
1) modify, add, or delete clauses of the terms defined above, as ASMODEE DIGITAL deems useful for the exploitation of your image,
2) associate and/or combine your image with all labels, teasers, slogans, captions, marks, distinctive signs, legal notices, imagery, and, in general, any element of any nature at the discretion of ASMODEE DIGITAL, its rightsholders, its beneficiaries, in particular for the purpose of illustrating the communication media in which they are integrated.
ASMODEE DIGITAL expressly prohibits itself from using still and/or video photographs in any media that is pornographic, racist, xenophobic, or any prejudicial exploitation, and undertakes to
9. REPORTING OF UNLAWFUL CONTENT
It is understood that Unlawful Content refers to any Content you encounter through use of the Services that you deem to be unlawful and/or non-compliant with the Terms. You may contact ASMODEE DIGITAL by filling the contact form available at the following address, and by following the steps below:
https://asmodee.helpshift.com
It is important to note the date of your notification as well as the date on which the unlawful content was encountered;
Indicate your surname, first name, profession, nationality, date and place of birth, address, telephone number, and email address;
Identify and describe the Content which is, in your opinion, contrary to these Terms, indicating its precise location, as well as the Service on which the unlawful content was encountered;
Indicate the reasons why you believe that this Content does not comply with these Terms and should be removed from the Services;
When reporting a copyright infringement, identify the work protected by the copyright of which you wish to report the infringement and provide all necessary information proving the existence of this copyright and demonstrating that you are authorized to intervene on behalf of the holder of the copyright;
Attach a declaration specifying that all the information you have passed on to ASMODEE DIGITAL is correct.
If the notification is complete, ASMODEE DIGITAL reserves the right to act entirely at its own discretion. As such, ASMODEE DIGITAL may in particular ask you to cease to use of the Content, remove the Content from the Services, and/or delete the Content in question.
ASMODEE DIGITAL informs you that presenting erroneous information or false information, with the aim of obtaining the removal of Content that is actually lawful, is punishable by law.
If ASMODEE DIGITAL deletes or deactivates any user-created Content that you have published which is considered to be manifestly unlawful or non-compliant with these Terms, ASMODEE DIGITAL reserves the right to suspend or delete your Account, in accordance with Article 15 below.
10. PAID SERVICES
ASMODEE DIGITAL enables you to purchase virtual currency ("Virtual Currency") within the Application. This Virtual Currency enables, in particular, access to additional content, virtual objects, or customization elements ("Virtual Item"). You will need to have an Account to be able to obtain Virtual Currency. In that event, the Terms of Sale of the App Stores shall apply.
The purchase of Virtual Currency and the use of Virtual Currency is reserved for bank account holders and Account holders that are either (a) 18 years of age or older; or (b) younger than 18 years of age with the permission of a parent or legal representative to make the purchase. The parents or legal guardians of children younger than 18 years of age can consult the iOS or Google Play settings in order to limit purchases within the Application, but must also monitor their children's Accounts in the event of unexpected activity, including the purchase of Virtual Currency and Virtual Items.
The purchase of Virtual Currency grants you a restrained, revocable, non-transferable, and non-sublicensable license. You guarantee that it will be for personal, non-commercial use only. You acknowledge that you may not acquire any right of property in relation to Virtual Currency, you accept that Virtual Currency and Virtual Items have no monetary value and do not constitute items of any nature. ASMODEE DIGITAL can cancel all Virtual Currency or Virtual Items sold, transferred, or exchanged that is in violation of these Terms. Such a sale, transfer, or exchange (or attempt to do so) is prohibited and can result in the termination of your account.
Virtual Currency and Virtual Items can only be purchased and owned by legal residents of countries where access to the Services and their use are authorized. If you reside in the European Union, you have certain rights of withdrawal regarding online purchases. Please note, however, that your right of withdrawal ceases once you download virtual currency from our Services. You accept that (a) Virtual Currency involves the immediate download of this content; and (b) you lose your right of withdrawal once the purchase is complete. If you reside in the European Union, we will provide you with a bill containing a VAT identification number, when required to do so by law. You accept that these bills could be sent to you in electronic form. We reserve the right to control, regulate, modify, or delete Virtual Currency or Virtual Items without any liability whatsoever towards you.
11. RENUNCIATION OF RIGHT OF WITHDRAWAL
Paid Services and Content are delivered instantly by means of online immaterial delivery. Therefore, in agreement with the User, ASMODEE DIGITAL begins the immaterial delivery process before the end of the of 14-day withdrawal period provided by the Consumer Code. It is therefore agreed by the User and ASMODEE DIGITAL that the viewing and downloading of a paid Service or paid Content will not qualify for any right of withdrawal to be claimed.
12. CONTESTS
ASMODEE DIGITAL and/or its partners may organize free contests. The rules of the contest or raffle shall be communicated to you directly through the Service concerned.
13. ADVERTISING AND PROMOTION OF PRODUCTS
Within the Services, ASMODEE DIGITAL may, entirely at its own discretion, highlight certain products and/or services by inserting promotional links, advertising banners, or pop-ups, upon launching the Application. It is understood that ASMODEE DIGITAL may carry out cross-marketing operations with any partner of its choice.
ASMODEE DIGITAL is not responsible for the third party products or services highlighted (hereinafter "Third Party Services" defined in the paragraph above).
14. LIABILITY, GUARANTEE, AND COMPENSATION
While ASMODEE DIGITAL makes every effort to ensure the continuous availability of its servers and Services, their accessibility may be momentarily suspended for technical or maintenance reasons, without prior warning. ASMODEE DIGITAL does not guarantee the permanence of the content you publish on the Services, which may disappear for any reason. This is why you yourself must make your own backups of the data you share. Access to the servers requires an Internet connection whose charge and responsibility are undertaken entirely by you.
However, the material provided within the Services may contain technical errors, occasional interruptions, or inaccuracies. Your use of the Services is at your own risk. ASMODEE DIGITAL is not responsible for the continuous updating of the Services. ASMODEE DIGITAL, or any other party involved in the development of the Services, shall not be held liable for any direct, accidental, major, or indirect damages caused by access to or use of the Services. ASMODEE DIGITAL does not guarantee that the functional aspects of the Services will be uninterrupted or without errors, or that the Services or the servers necessary for their operation are free of viruses or harmful components. Without limiting the foregoing, all the Services are made available to you "AS THEY ARE", WITHOUT ANY GUARANTEE, EITHER EXPRESSLY, OR SUGGESTED, INCLUDING THE IMPLIED GUARANTEE OF ITS ADEQUACY FOR COMMERCIALIZATION, FITNESS FOR A SPECIFIC PURPOSE, OR NON-INFRINGEMENT (NON-EXHAUSTIVE LIST).
We wish to remind you that the Services may present third party products or services over which ASMODEE DIGITAL has no control and for which ASMODEE DIGITAL assumes no responsibility. Third Party Services are presented merely for information and the decision to use said Third Party Services is fully your responsibility and is done in accordance with the applicable terms of said Third Party Services.
You will be held solely responsible for damages caused to Asmodee Digital, its partners, and other Users, or any natural or legal person, where applicable, resulting from any use of the Services in violation of the law or these terms. Should this be the case, ASMODEE DIGITAL reserves the right to delete your Account as well as to take legal action, on the grounds of civil and/or criminal liability, in order to cease the violation and obtain compensation for damages suffered.
ASMODEE DIGITAL is liable only for direct damages caused by the Services, except in the case of fraud, gross negligence or willful misconduct, force majeure, death, or personal injury, and all other exclusions established in legislative and regulatory public provisions.
15. USER ACCOUNT TERMINATION
15.1 At ASMODEE DIGITAL's initiative.
In the event of a serious and/or repeated failure to comply with these Terms or activity considered manifestly unlawful on the Services, ASMODEE DIGITAL reserve the right to temporarily suspend or permanently delete your Account without any judicial formality, within 3 weeks after an email notice.
15.2 On your Initiative.
You may terminate your Account or your access to the Services at any time, of your own right and without any judicial formality, by filling the ASMODEE DIGITAL customer service form at the following address: https://asmodee.helpshift.com.
ASMODEE DIGITAL reserves the right to recover the costs and charges incurred before the cancellation of your Account. All arrears or unpaid costs and other unresolved problems with the Services must be settled before any opening, when applicable, of a new Account.
Subject to compliance with the termination procedure indicated above, the termination of your Account will come into force within a reasonable period of time after receipt of your letter (mail or email) by ASMODEE DIGITAL's customer service department.
15.3 Consequences
In the event of temporary or permanent suspension of your Account, ASMODEE DIGITAL may delete your profile and the related information you have passed on to ASMODEE DIGITAL, and where applicable, all Content that you may have published, uploaded, or made available on the Services, notably, without limitation, your User Name and avatar. It is therefore likely that you will lose this data. However, ASMODEE DIGITAL reserves the right to store your profile and any of the aforementioned Content on its servers for a reasonable period of time.
In the event of termination of your Account, there will be no total or partial refund for the sums already paid for any product, ongoing service. No type of credit (Virtual Currency) will be converted into money or any other form of refund or compensation.
In the event of termination of your Account at ASMODEE DIGITAL's initiative, you will not be able to participate in the Service(s) again without ASMODEE DIGITAL's express permission. To benefit from the Services again, go to https://asmodee.helpshift.com.
16. UPDATING OF SERVICES AND MODIFICATION OF TERMS
ASMODEE DIGITAL reserves the right to modify the conditions of access to the Services, including the billing (effective as of your next purchase), or proceeding with the permanent suspension of these Services.
ASMODEE DIGITAL will inform you of any change, modification, addition, or deletion to these Terms by publishing on the Services concerned a notification informing the User of the occurrence of the change, modification, addition or deletion. Furthermore, ASMODEE DIGITAL reserves the right to make you formally accept the new version of the Terms after you have logged into your Account within our Services. If you do not agree to the changes made to these Terms, you may close your Account in accordance with Article 15.
17. PERSONAL DATA
ASMODEE DIGITAL places great importance on respect for your private life and undertakes to not disclose your personal data, except when expressly authorized by you or in the event of particular circumstances.
Privacy Policy.
For more information regarding the use of personal data by ASMODEE DIGITAL, please carefully review ASMODEE DIGITAL's Privacy Policy (the "Privacy Policy"). This Privacy Policy is annexed to the Terms and regulated by said Terms, and is as a result likely subject to modifications and updates in accordance with Article 16.
18. HEALTH OF VIDEO GAME USERS
ASMODEE DIGITAL advises you to take the following precautions in all cases when using a Service. Avoid playing if you are tired and/or short of sleep. Make sure that you play in a well lit room and moderate the brightness of your screen. When you play a video game or use a Service requiring connection to a screen, play at a good distance from the screen and as far away as the connection lead allows. During use, take breaks of ten (10) to fifteen (15) minutes every hour.
Epilepsy Warning
Some individuals are liable to have epileptic fits including, in certain cases, loss of consciousness, particularly when exposed to strong luminous stimulations: rapid succession of images or repetition of simple geometrical figures, flashes, or explosions. Such individuals are exposed to risks of fits when they play certain video games containing such luminous stimulations, even if they have no pre-existing medical conditions or have never themselves been prone to epileptic fits. If you or a member of your family have previously presented symptoms of epilepsy (fit or loss of consciousness) in the presence of luminous stimulations, consult your doctor before any use.
Parents must also pay particularly close attention to their children when they play video games. If you or your child present one of the following symptoms: dizziness, vision problems, contraction of the eyes or muscles, disorientation, involuntary movement or convulsions, or momentary loss of consciousness, you must immediately stop playing and consult a doctor.
19. SPECIFIC TERMS FOR COMPATIBLE MOBILE TERMINALS
The expression "Compatible Mobile Terminal" designates any device capable of connecting to the Internet to access the Services. The term Compatible Mobile Terminals covers mobile devices, in particular but not limited to this list, mobile phones, smartphones, tablets, and their derivatives or similar.
Access to Mobile Services.
ASMODEE DIGITAL allows its Users to access certain Services via their Compatible Mobile Terminal ("Mobile Services").
To access the Mobile Services from your Compatible Mobile Terminal you must (i) have a Compatible Mobile Terminal, (ii) have the permission of the person who pays the bill for said Compatible Mobile Terminal, (iii) be provided with Internet access via your Compatible Mobile Terminal.
Mobile Service Access Costs.
The use of a Compatible Mobile Terminal will lead in particular to connection costs for which ASMODEE DIGITAL shall not be held responsible. ASMODEE DIGITAL may charge you certain fees to access the mobile Services, in particular micro transactions within the Services.
20. MISCELLANEOUS
Titles and Headings.
The headings of the clauses are intended solely to facilitate reading and understanding of these Terms and may in no case allow any assumption to be made as to the content of the clauses and the way in which they may be interpreted.
Severability.
If one or more clauses of the Terms prove to be invalid or regarded as such by applicable legislation, regulation, or following a definitive decision of a competent jurisdiction, the Parties undertake to negotiate in good faith the necessary provisions of their replacement, without the entirety of the concerned Agreement being jeopardized.
No Waiver.
The fact that one of the Parties does not claim or is slow to claim the application of a clause in these Terms, may not be considered to constitute waiving of this clause or a modification of the Terms.
Entire Agreement.
The Terms (including the Privacy Policy) as well as all rules or instructions published online concerning a game, an activity, a contest or raffle, a commercial service in particular represent the entire agreement between you and ASMODEE DIGITAL concerning your rights and obligations as to the use of said Services.
Mediation
In accordance with the provisions in the Consumer Code, any consumer has the right to have recourse, free of charge, to mediation in order to amicably settle a consumer dispute with a trader. In this regard, disputes that would occur about the validity, interpretation, execution or the breach of these terms, or interruption or termination of the Service will be submitted to mediation in accordance with the mediation rules of the CMAP (Centre for mediation and arbitration of Paris).
Applicable Law and Jurisdiction.
These Terms and your Account are governed by French law, without applying its rules relating to conflicts of laws; and you expressly acknowledge the exclusive jurisdiction (without prejudice to your right to have recourse, free of charge, to mediation) of the French courts for any complaint or any dispute with ASMODEE DIGITAL, or related in any way to your Account or your use of the Services, and you also accept and expressly consent to the exercising of territorial jurisdiction in the French courts in relation to any dispute of this kind, including any complaint concerning ASMODEE DIGITAL and/or its Affiliates, and their subcontractors, vendors, and content suppliers.
Force Majeure
Subject to applicable legal provisions, ASMODEE DIGITAL may not be held liable for a fortuitous event, force majeure as defined by the French case law and Civil Code.
Contacts
For any question concerning these Terms, you may contact ASMODEE DIGITAL at the following address: https://asmodee.helpshift.com
THESE TERMS ARE APPLICABLE ONLY TO THE EXTENT PERMITTED BY LAW.
ANY USE OF THE SERVICES IMPLIES UNRESERVED APPROVAL OF THESE TERMS AND ASMODEE DIGITAL'S PRIVACY POLICY.
These General Terms of Use must be read through carefully.
1. ACCEPTING THE TERMS
For purposes of this EULA, "Application" means all software programs distributed, published or otherwise made available by ASMODEE DIGITAL or its affiliates including, but not limited to mobile games, downloadable/installable games for personal computer, and games accessed by means of a browser or other online communication method. Application also includes updates and upgrades as well as accompanying manual(s), packaging and other written, files, electronic or on-line materials or documentation, and any and all copies of such software and its materials..
These General Terms of Use (the "Terms") regulate the rights, obligations, and restrictions related to the use of the Application, online services including the Application's functions and the Internet site related to the Application ("the Services" by the user ("the User"), and provided by ASMODEE DIGITAL or any of its associates. Your use of the Services and the Content (as defined below) is subject to the Terms that automatically apply to any use of the aforementioned Services.
IF YOU DO NOT AGREE WITH THE TERMS OF SERVICE AND THE TERMS OF USE MENTIONED BELOW, PLEASE DO NOT CONTINUE TO USE THE SERVICES OF ASMODEE DIGITAL.
Using the Services or Content, in whole or in part, implies that you accept and undertake to respect the Terms, ASMODEE DIGITAL's Privacy Policy regarding personal data (hereinafter, the "Privacy Policy"), all other notices of advertisement, and/or other terms, in particular the terms of sale from the App Stores ("Terms of Sale") and the game rules, where appropriate, applicable throughout the use of the Application, unreservedly.
You accept the Terms relating to the use of the Application by a minor by giving your approval to allow your child or a minor under your responsibility to register for or use one of our Services.
The Content includes in particular (i) all intellectual property rights (in particular but not limited to rights over marks, drawings and models, domain names, logos, copyrights related to one of the Services), (ii) all elements whether textual, graphical, musical, video, visual, or audible that appear in any of the Services, and (iii), where applicable, online User-created Content (as defined in article 8 below).
These Terms include the Privacy Policy. By acknowledging these Terms, you acknowledge to have read and accepted the Privacy Policy available in the Application, under options menu.
Under article 16 below, ASMODEE DIGITAL reserves the right, at any time, to modify the clauses of these Terms, whether by making additions or deletions.
2. ACCESSIBILITY AND ACCOUNT REGISTRATION
2.1 Account Creation
In order to be able to access and/or use certain functions and/or advantages of the Services, we may ask you to proceed with the creation of an ASMODEE DIGITAL account (hereinafter, "the Account"). To create a new Account, go to https://account.asmodee.net/en/signup, provide a valid email address and the requested personal information. You undertake to supply truthful and accurate information about the Account holder. To access the Services, you must meet certain criteria, in particular the age criteria. Certain Services may also require the creation of a user name (defined as a series of characters acting as a unique means of identifying yourself on an Internet site, namely a screen name, hereinafter "User Name") and/or an avatar (visual identity linked to the Account and created by the User), and/or a password. The user name is a unique element, no two users can have the same one. The User Name and avatar are also subject to these Terms, they must comply with all the terms; these two elements must also comply with the rules of conduct which apply on the Internet and be lawful. They must therefore not be insulting, defamatory, vulgar, obscene, or in any other way in violation of the rights of others (in particular, without limitation, name rights and image rights).
You agree to your User Name being publicly displayed in the course of the use of the Services, thus we advise you not to include your surname.
For all other information that can be publicly displayed, please refer to our Privacy Policy.
Do not reveal your password, or memory joggers, to outside parties, ASMODEE DIGITAL will never initiate contact with you to ask you for this information. Any use of your Account, and in particular any online purchase, is deemed to be carried out by the Account holder.
2.2 Accuracy and Use of Account Data.
During the creation of your account and your registration, you agree to supply accurate and complete information, and to keep this information up-to-date, in accordance with ASMODEE DIGITAL's requests.
You shall not claim or imply to be any other person or entity, by providing false information concerning a parent or legal guardian or any other person, namely, by using the User Name, avatar, or any other information such as voice or image.
ASMODEE DIGITAL may take action to check the accuracy of the information you give, where applicable, by phone or by the email address you have given for a parent or legal guardian. In order to prevent risks of fraud, you agree to send the necessary authorizations and supporting documents to ASMODEE DIGITAL on request by email, fax, or post, which may include in particular a copy of your national identity card or your passport.
You agree to inform ASMODEE DIGITAL as quickly as possible of any unauthorized use of your User Name, password, all other Account-related information, or of any other security violation concerning the Services which comes to your attention. A support form is available at https://asmodee.helpshift.com.
3. USE OF SERVICES
3.1.
ASMODEE DIGITAL maintains these Services for your personal entertainment, for your information, your education, and to communicate with you. Without ASMODEE DIGITAL's prior written permission, you may not reproduce, distribute, modify, display, sell, rent, prepare derivative works based on, republish, or otherwise use the content of the Services, with the exception of copies of content you may need to download and store temporarily on your computer for personal use, for non-commercial purposes, and only in read mode, provided that you do not delete or modify the copyright, marks, or any notice of ownership. Unless expressly stated beforehand, nothing entitles you to any particular right of license and/or copyright and/or intellectual property on the Application and/or the Services and/or Content.
3.2.
In the event that you download software from the Services (which will be necessary for example when downloading the Application onto a Compatible Mobile Terminal, an update, an upgrade, etc.), the software, the code (in whole or in part), as well as any files, images incorporated in or generated by the software, and data accompanying the software (collectively as the "Software"), are licensed to you by ASMODEE DIGITAL. ASMODEE DIGITAL will never transfer to you the intellectual property rights to the software. You are the owner of the media on which the software is registered; however, ASMODEE DIGITAL reserves all rights and titles on the services, as well as its intellectual properties.
ASMODEE DIGITAL hereby grants you a non-transferable, non-exclusive, and non-commercial personal license, and it is exclusively for recreational purposes that will not be used for any other purpose.
You may not sell, copy, exchange, transfer, publish, rent out, grant a license for, distribute, commercialize or commercially exploit the Software and/or the Application, or to decompile it, disassemble the code, reduce it to a format that is readable to humans or grant or distribute any type of element that you can copy or derive from the Software and/or the Application.
The license permitting the installation and use of the Software and/or the Application will be effective from the time it is downloaded until terminated. You may terminate this license agreement at any time and for any reason by informing ASMODEE DIGITAL that you wish to terminate it. ASMODEE DIGITAL and its licensors may terminate your license agreement at any time, with due reason. The termination by ASMODEE DIGITAL will take effect within one month, if ASMODEE DIGITAL and/or its licensors decide definitely to cease publishing, or offering or ensuring maintenance of the Software and/or the Application. In the event of termination, by you or by ASMODEE DIGITAL, the license you have been granted will expire immediately and you will have to immediately and definitely uninstall the Software and/or the Application and destroy all copies that you may have. The User may not request to be refunded for any sum already paid.
You are informed that computer developments are not compatible with all computer platforms and media, and that the performances of the ASMODEE DIGITAL Software and the related Services may vary depending on your equipment.
The Terms of Use of online downloading platforms remain applicable in their entirety and regulate your behavior when you access the Services via the services of online downloading platforms. In the event of a conflict between the terms of use of online downloading platforms and these Terms, the terms of use of online downloading platforms shall apply. ASMODEE DIGITAL shall not be held liable as a result for the services of online downloading platforms. ASMODEE DIGITAL will be responsible only for providing customer support and the billing of services obtained via the Services.
3.3
You undertake to comply at all times during use of the Services (i) with the national and international laws and regulations in force and (ii) with these Terms. You guarantee that you will not use the Service(s) (including through the creation and use of any Content Generated by yourself) for unlawful or immoral purposes or for purposes contrary to the intended use of the services and/or their purpose.
3.4
It is important to play in a safe way and to be aware of your surroundings. You agree that your use of the Application is at your own risk and that you are obligated to follow the health insurance, civil responsibility, risk, personal injury, health, life, and all other insurance policies that you determine to be reasonably necessary in case of some inconveniences you may incur through the use of this Application.
3.5
In order to take full advantage of the Services, you must have your own means of compatible telecommunication and Internet access. The provision of Services does not require that ASMODEE DIGITAL supply a compatible Mobile Terminal (as described below in article 19).
4. RULES OF CONDUCT.
4.1 In particular, you undertake not to directly or indirectly:
use within the framework of the Services any element or content which would infringe on the intellectual and industrial property rights, right to privacy and/or image rights, and/or any other rights of others;
create, use, share, and/or publish by any means (forum, public profile, or other means) within the framework of the Services any material (text, words, images, sounds, videos, etc.) or content which, in ASMODEE DIGITAL's estimation, is abusive, threatening, malicious, defamatory, untruthful, pornographic, pedophilic, obscene, vulgar, racist, xenophobic, liable to incite hatred, sexually explicit, violent, contrary to morality, or is in any other way unacceptable;
create, use, share, and/or publish by any means (forum, public profile, or other means) within the framework of the Services any material (text, words, images, sounds, videos, etc.) which would constitute a breach of an obligation of confidentiality or which would incite the committing of an unlawful act (in particular, piracy, hacking, or circulation of counterfeit software);
conduct activities aimed at accessing elements or functions of the Services whose use has not been authorized by ASMODEE DIGITAL;
arrange, modify, translate, adapt, reproduce, index, copy, and/or extract any information, software, product, or other element or part of the Content or Services, by any means without ASMODEE DIGITAL's express prior permission;
modify, distort, block, abnormally burden, disrupt, slow down, and/or hinder the normal functioning of all or part of the Services, or their accessibility to other Users, or the functioning of the partner networks of the Services, or attempt to do any of the above;
transmit or propagate any virus, Trojan, worm, bomb, corrupted file, and/or similar destructive device or corrupted data within the framework of the Services, and/or organize, participate in, or be involved in any way in an attack on ASMODEE DIGITAL's servers and/or the Services and/or those of its service providers and partners;
create, use, and/or circulate "auto", "macro", or other cheat, hack, mod, trainer, or bot programs or software applications, and/or use the Services via a mirror site;
create or supply other means enabling use of the Services by other persons, for example server emulators;
harass other Users of the Services, send them unsolicited messages for commercial prospecting purposes, use the Services for purposes of surveys, competitions, pyramid selling or similar operations, or for sending mass emails, spam, or any unsolicited advertising or promotional items, for commercial purposes or otherwise;
use another User's Account, assume another person's identity, or present false credentials in relation to any natural or legal person within the framework of the Services or while using of the Services;
use any means not expressly permitted by ASMODEE DIGITAL to collect or intercept data exchanged by other Users within the framework of the Services, or the names/screen names and/or passwords of any other User;
attempt to obtain a password, information concerning an Account or other information of a private nature from any other User of the Services, and/or sell, rent out, share, lend, and/or in any other way transfer to any outside party your Account and/or the means of accessing it and/or in any other way allow any outside party to benefit from your Account;
make inappropriate use of the game help service or the claim buttons or send untruthful reports to members of ASMODEE DIGITAL's personnel and/or those of its service providers and partners;
access, use, download from the Services, or otherwise reproduce or supply to anyone (free of charge or in return for payment) any directory of Users of the Services or any other information concerning Users or use of the Services;
refuse to obey the instructions of any ASMODEE DIGITAL representative, and/or impersonate any employee or representative of ASMODEE DIGITAL, its partners,
4.2 Fair Play
ASMODEE DIGITAL does not tolerate cheating, whether it be through the use of cheat software, the reverse engineering of the communication protocols or code, the use of multiple accounts, collusion with other players, etc. Any person found cheating will be subject to a warning, followed then by the freeze of their Account, resetting of their scores and rankings, removal of User privileges, and even the deletion of their Account, at ASMODEE DIGITAL's sole discretion.
By joining ASMODEE DIGITAL's Services, you agree to exercise constant fair play with regard to your opponents. Any User found voluntarily quitting a game before its normal completion, using stalling tactics to induce opponents to forfeit, or using foul or obscene language, could face the following risks, at ASMODEE DIGITAL's sole discretion: the freezing of their Account, resetting of their scores and rankings, and/or the deletion of their Account.
4.3 Monitoring of Services by ASMODEE DIGITAL
Opinions, advice, and/or recommendations are displayed or sent by the Users, which they are solely and wholly responsible for. ASMODEE DIGITAL is not responsible for these expressions.
Subject to the applicable imperative legal provisions, ASMODEE DIGITAL does not undertake to monitor the content made available on the Services by its Users. ASMODEE DIGITAL will, however, be aware of all reports of Unlawful Content (as defined in article 9 below) and will remove any element that is made available to Users that is likely to breach these Terms.
ASMODEE DIGITAL furthermore reserves the right to define additional rules of conduct and to place limits on the use of the Application. To the extent possible, ASMODEE DIGITAL will do its best to inform the User in advance of these additional rules of conduct and limits.
5. ONLINE CHAT ROOMS
The Services may include forums, chats, and/or groups information groups, or any other space allowing Users to share among themselves provided within the Services (hereinafter "Discussion Forum(s)"). The Discussion Forums are post-moderated, they do not allow for posts to be reviewed prior to being displayed on the Services.
When you post in the Discussion Forums, your user name and/or your avatar may be displayed. You confirm to have acknowledged and accepted that you are solely responsible for the disclosure and/or posting and/or circulation of your messages.
You undertake to comply with all these Terms, in particular the obligations contained in Article 4, and not to:
- publish any content which could be deemed unlawful
- restrict or prevent the use of the Discussion Forum for any other User of the Services
- transmit or obtain through the Services personal information regarding another User.
- transmit information that is unrelated to the subject or theme of the Discussion Forum
- transmit inappropriate or degrading information with regard to frequent Users of the Discussion Forum.
- harass or denigrate Users via the Discussion Forum or via private or public messages.
ASMODEE DIGITAL reserves the right to contact you in order to obtain more information regarding messages you post and verify that you are the owner of the content contained therein (photos, images, music, videos).
In any event, ASMODEE DIGITAL does not approve the opinions, advice, and/or recommendations displayed and/or sent by Users within the discussion forums and declines all responsibility regarding these.
6. INFORMATION AND PROTECTION OF MINORS
If you are a minor, and you wish to use wholly or in part the Services, you must acknowledge and understand these Terms with the help of your parents or legal guardians and obtain their consent to use the Services.
ASMODEE DIGITAL recommends, however, that the parents or legal guardians monitor the activities of their children or children under their guardianship, during their use of the Services. ASMODEE DIGITAL also recommends that you remain watchful to ensure that your children or children under your guardianship never disclose their personal data without your consent. Please note that ASMODEE DIGITAL is not authorized to ask for more personal information than what is necessary.
ASMODEE DIGITAL reserves the right to restrict or prohibit access to the Services by minors under the age of 13 years (hereinafter "Minor(s)") without obtaining your prior approval. It is understood that the Minors may be prohibited from using certain Services if they do not meet the age requirements set by the rating organizations.
Parents or legal guardians can at any time lock the account of their Minor by sending an email to the Privacy Policy administrator, whose contact information can be found at the following address: https://asmodee.helpshift.com.
Notwithstanding the above, the use of ASMODEE DIGITAL's Services must take place under parental supervision, any use of the Services by a Minor is assumed to have been previously validated by their parents or legal guardians. As far as is permitted by applicable legislation, ASMODEE DIGITAL declines all responsibility regarding use of the Services by minors without the permission of their parents or legal guardians.
7. INTELLECTUAL PROPERTY RIGHTS
The Services are developed, edited, and managed by or on behalf of ASMODEE DIGITAL.
The Services and all Content, and all intellectual property rights relating to their development, to the selection of these elements, to their presentation, and to their organization, are the property of ASMODEE DIGITAL, the Asmodee group, or their licensors and rightsholders; with the exception of any User generated content, addressed below in Article 8.
Likewise, the marks, domain names, acronyms, logos, drawings, and others contained on the Services are the sole property of ASMODEE DIGITAL, the Asmodee group, or their partners who have given them a license for use within the framework of the Services.
The Services and all Content are protected by copyright, legislation on databases, drawings and models, marks, and more generally, the international conventions and other laws protecting intellectual property and the exclusive rights related. Any reproduction or representation of these elements or wholly or partially the Content by any means and by any title is prohibited without ASMODEE DIGITAL's prior permission and, where applicable, of the licensors and rightsholders.
You acknowledge that you are only permitted to use these elements and information included in the Services and the Content within the limits expressly set by ASMODEE DIGITAL. You
acknowledge and accept that none of these Terms serve to transfer the property of any mark, trade name, or any other of the Services' property rights or any part of the Services and the Content to yourself or any outside party. You undertake not to do any act or thing which is inconsistent with this Article 7 or which is likely in any way to prejudice ASMODEE DIGITAL, the Asmodee group, or its rightsholders or beneficiaries.
8. USER GENERATED CONTENT
8.1
The Services allow you to publish Content on ASMODEE DIGITAL's servers. You shall not upload to, distribute through, or otherwise publish through the Services any Content which is defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violate any law. Content shall be used only for non-commercial purposes. You shall not, without our express written approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. You specifically acknowledge that soliciting other members to join or become members of any commercial service or other organization is expressly prohibited.
8.2
Except for personal information as governed by our Privacy Policy, any content or material you create via ASMODEE DIGITAL's Services, including, but not limited to, forum posts, user names, avatars, game scenarios, stories, images, videos, data, questions or answers, comments, suggestions, or the like, will be treated as non-confidential and non-proprietary. Anything you create or post via the Services may be used by ASMODEE DIGITAL and its affiliates for any purpose: products or service solicitations, reproduction, disclosure, transmission, publication, broadcast, and mailing (non-exhaustive list), on all known or as yet unknown media. You further represent that any content you upload is yours, and does not infringe on any third-party's marks or copyrights.
8.3
As such, you declare that you accept the fact that ASMODEE DIGITAL will be the sole owner of all rights relating to the Content that you develop online based on pre-existing ASMODEE DIGITAL Content, during the course of its development. By accepting these Terms, you agree to transfer irrevocably to ASMODEE DIGITAL, free of charge, all rights of use you may have over the Content created online by you, including but not limited to rights over trademark, patent, commercial secrets, copyright and neighboring rights, rights of publicity therein.
This transfer of rights is granted on a worldwide basis and for the period of protection of each Content created online by you by the applicable legislation.
ASMODEE DIGITAL, or any outside party to which the rights concerning the online User-created Content have been transferred [by ASMODEE DIGITAL] in accordance with this Article, may file or register any application for intellectual property rights relating to the online User-created Content in its own name, for all countries in the world.
8.4
In the event of a competent court ruling that all or some of the rights concerning the Content created online by you cannot be validly transferred to ASMODEE DIGITAL as described in Article 8.3, you hereby grant to ASMODEE DIGITAL, free of charge, permanently (or for the whole legal period of protection), an exclusive, irrevocable, and transferable right of use, reproduction, representation, modification, display, distribution, and, in general, exploitation of this Content created online by you as stipulated in Article 8.3, by any means, on all known or as yet unknown media, for all purposes (whether commercial or non-commercial), and on a worldwide basis,without your necessarily being mentioned as the source of this Content, given the technical or operational constraints.
8.5
If the online User-created Content reproduces your image, you hereby authorize ASMODEE DIGITAL to reproduce and represent, without compensation of any kind, your names and images, on all present or as future media (in particular but not limited to this list: press, digital, electronic, audiovisual), in any format, for all communication to the public worldwide, for any use including for advertising and/or commercial purposes, and for the whole period of protection currently granted in terms of copyright by legislative or regulatory provisions, court and/or arbitration rulings of all countries, as well as present and future international conventions, including subsequent extensions which may be applied to that period. Furthermore, you expressly and irrevocably authorize ASMODEE DIGITAL and its rightsholders, beneficiaries, to:
1) modify, add, or delete clauses of the terms defined above, as ASMODEE DIGITAL deems useful for the exploitation of your image,
2) associate and/or combine your image with all labels, teasers, slogans, captions, marks, distinctive signs, legal notices, imagery, and, in general, any element of any nature at the discretion of ASMODEE DIGITAL, its rightsholders, its beneficiaries, in particular for the purpose of illustrating the communication media in which they are integrated.
ASMODEE DIGITAL expressly prohibits itself from using still and/or video photographs in any media that is pornographic, racist, xenophobic, or any prejudicial exploitation, and undertakes to
9. REPORTING OF UNLAWFUL CONTENT
It is understood that Unlawful Content refers to any Content you encounter through use of the Services that you deem to be unlawful and/or non-compliant with the Terms. You may contact ASMODEE DIGITAL by filling the contact form available at the following address, and by following the steps below:
https://asmodee.helpshift.com
It is important to note the date of your notification as well as the date on which the unlawful content was encountered;
Indicate your surname, first name, profession, nationality, date and place of birth, address, telephone number, and email address;
Identify and describe the Content which is, in your opinion, contrary to these Terms, indicating its precise location, as well as the Service on which the unlawful content was encountered;
Indicate the reasons why you believe that this Content does not comply with these Terms and should be removed from the Services;
When reporting a copyright infringement, identify the work protected by the copyright of which you wish to report the infringement and provide all necessary information proving the existence of this copyright and demonstrating that you are authorized to intervene on behalf of the holder of the copyright;
Attach a declaration specifying that all the information you have passed on to ASMODEE DIGITAL is correct.
If the notification is complete, ASMODEE DIGITAL reserves the right to act entirely at its own discretion. As such, ASMODEE DIGITAL may in particular ask you to cease to use of the Content, remove the Content from the Services, and/or delete the Content in question.
ASMODEE DIGITAL informs you that presenting erroneous information or false information, with the aim of obtaining the removal of Content that is actually lawful, is punishable by law.
If ASMODEE DIGITAL deletes or deactivates any user-created Content that you have published which is considered to be manifestly unlawful or non-compliant with these Terms, ASMODEE DIGITAL reserves the right to suspend or delete your Account, in accordance with Article 15 below.
10. PAID SERVICES
ASMODEE DIGITAL enables you to purchase virtual currency ("Virtual Currency") within the Application. This Virtual Currency enables, in particular, access to additional content, virtual objects, or customization elements ("Virtual Item"). You will need to have an Account to be able to obtain Virtual Currency. In that event, the Terms of Sale of the App Stores shall apply.
The purchase of Virtual Currency and the use of Virtual Currency is reserved for bank account holders and Account holders that are either (a) 18 years of age or older; or (b) younger than 18 years of age with the permission of a parent or legal representative to make the purchase. The parents or legal guardians of children younger than 18 years of age can consult the iOS or Google Play settings in order to limit purchases within the Application, but must also monitor their children's Accounts in the event of unexpected activity, including the purchase of Virtual Currency and Virtual Items.
The purchase of Virtual Currency grants you a restrained, revocable, non-transferable, and non-sublicensable license. You guarantee that it will be for personal, non-commercial use only. You acknowledge that you may not acquire any right of property in relation to Virtual Currency, you accept that Virtual Currency and Virtual Items have no monetary value and do not constitute items of any nature. ASMODEE DIGITAL can cancel all Virtual Currency or Virtual Items sold, transferred, or exchanged that is in violation of these Terms. Such a sale, transfer, or exchange (or attempt to do so) is prohibited and can result in the termination of your account.
Virtual Currency and Virtual Items can only be purchased and owned by legal residents of countries where access to the Services and their use are authorized. If you reside in the European Union, you have certain rights of withdrawal regarding online purchases. Please note, however, that your right of withdrawal ceases once you download virtual currency from our Services. You accept that (a) Virtual Currency involves the immediate download of this content; and (b) you lose your right of withdrawal once the purchase is complete. If you reside in the European Union, we will provide you with a bill containing a VAT identification number, when required to do so by law. You accept that these bills could be sent to you in electronic form. We reserve the right to control, regulate, modify, or delete Virtual Currency or Virtual Items without any liability whatsoever towards you.
11. RENUNCIATION OF RIGHT OF WITHDRAWAL
Paid Services and Content are delivered instantly by means of online immaterial delivery. Therefore, in agreement with the User, ASMODEE DIGITAL begins the immaterial delivery process before the end of the of 14-day withdrawal period provided by the Consumer Code. It is therefore agreed by the User and ASMODEE DIGITAL that the viewing and downloading of a paid Service or paid Content will not qualify for any right of withdrawal to be claimed.
12. CONTESTS
ASMODEE DIGITAL and/or its partners may organize free contests. The rules of the contest or raffle shall be communicated to you directly through the Service concerned.
13. ADVERTISING AND PROMOTION OF PRODUCTS
Within the Services, ASMODEE DIGITAL may, entirely at its own discretion, highlight certain products and/or services by inserting promotional links, advertising banners, or pop-ups, upon launching the Application. It is understood that ASMODEE DIGITAL may carry out cross-marketing operations with any partner of its choice.
ASMODEE DIGITAL is not responsible for the third party products or services highlighted (hereinafter "Third Party Services" defined in the paragraph above).
14. LIABILITY, GUARANTEE, AND COMPENSATION
While ASMODEE DIGITAL makes every effort to ensure the continuous availability of its servers and Services, their accessibility may be momentarily suspended for technical or maintenance reasons, without prior warning. ASMODEE DIGITAL does not guarantee the permanence of the content you publish on the Services, which may disappear for any reason. This is why you yourself must make your own backups of the data you share. Access to the servers requires an Internet connection whose charge and responsibility are undertaken entirely by you.
However, the material provided within the Services may contain technical errors, occasional interruptions, or inaccuracies. Your use of the Services is at your own risk. ASMODEE DIGITAL is not responsible for the continuous updating of the Services. ASMODEE DIGITAL, or any other party involved in the development of the Services, shall not be held liable for any direct, accidental, major, or indirect damages caused by access to or use of the Services. ASMODEE DIGITAL does not guarantee that the functional aspects of the Services will be uninterrupted or without errors, or that the Services or the servers necessary for their operation are free of viruses or harmful components. Without limiting the foregoing, all the Services are made available to you "AS THEY ARE", WITHOUT ANY GUARANTEE, EITHER EXPRESSLY, OR SUGGESTED, INCLUDING THE IMPLIED GUARANTEE OF ITS ADEQUACY FOR COMMERCIALIZATION, FITNESS FOR A SPECIFIC PURPOSE, OR NON-INFRINGEMENT (NON-EXHAUSTIVE LIST).
We wish to remind you that the Services may present third party products or services over which ASMODEE DIGITAL has no control and for which ASMODEE DIGITAL assumes no responsibility. Third Party Services are presented merely for information and the decision to use said Third Party Services is fully your responsibility and is done in accordance with the applicable terms of said Third Party Services.
You will be held solely responsible for damages caused to Asmodee Digital, its partners, and other Users, or any natural or legal person, where applicable, resulting from any use of the Services in violation of the law or these terms. Should this be the case, ASMODEE DIGITAL reserves the right to delete your Account as well as to take legal action, on the grounds of civil and/or criminal liability, in order to cease the violation and obtain compensation for damages suffered.
ASMODEE DIGITAL is liable only for direct damages caused by the Services, except in the case of fraud, gross negligence or willful misconduct, force majeure, death, or personal injury, and all other exclusions established in legislative and regulatory public provisions.
15. USER ACCOUNT TERMINATION
15.1 At ASMODEE DIGITAL's initiative.
In the event of a serious and/or repeated failure to comply with these Terms or activity considered manifestly unlawful on the Services, ASMODEE DIGITAL reserve the right to temporarily suspend or permanently delete your Account without any judicial formality, within 3 weeks after an email notice.
15.2 On your Initiative.
You may terminate your Account or your access to the Services at any time, of your own right and without any judicial formality, by filling the ASMODEE DIGITAL customer service form at the following address: https://asmodee.helpshift.com.
ASMODEE DIGITAL reserves the right to recover the costs and charges incurred before the cancellation of your Account. All arrears or unpaid costs and other unresolved problems with the Services must be settled before any opening, when applicable, of a new Account.
Subject to compliance with the termination procedure indicated above, the termination of your Account will come into force within a reasonable period of time after receipt of your letter (mail or email) by ASMODEE DIGITAL's customer service department.
15.3 Consequences
In the event of temporary or permanent suspension of your Account, ASMODEE DIGITAL may delete your profile and the related information you have passed on to ASMODEE DIGITAL, and where applicable, all Content that you may have published, uploaded, or made available on the Services, notably, without limitation, your User Name and avatar. It is therefore likely that you will lose this data. However, ASMODEE DIGITAL reserves the right to store your profile and any of the aforementioned Content on its servers for a reasonable period of time.
In the event of termination of your Account, there will be no total or partial refund for the sums already paid for any product, ongoing service. No type of credit (Virtual Currency) will be converted into money or any other form of refund or compensation.
In the event of termination of your Account at ASMODEE DIGITAL's initiative, you will not be able to participate in the Service(s) again without ASMODEE DIGITAL's express permission. To benefit from the Services again, go to https://asmodee.helpshift.com.
16. UPDATING OF SERVICES AND MODIFICATION OF TERMS
ASMODEE DIGITAL reserves the right to modify the conditions of access to the Services, including the billing (effective as of your next purchase), or proceeding with the permanent suspension of these Services.
ASMODEE DIGITAL will inform you of any change, modification, addition, or deletion to these Terms by publishing on the Services concerned a notification informing the User of the occurrence of the change, modification, addition or deletion. Furthermore, ASMODEE DIGITAL reserves the right to make you formally accept the new version of the Terms after you have logged into your Account within our Services. If you do not agree to the changes made to these Terms, you may close your Account in accordance with Article 15.
17. PERSONAL DATA
ASMODEE DIGITAL places great importance on respect for your private life and undertakes to not disclose your personal data, except when expressly authorized by you or in the event of particular circumstances.
Privacy Policy.
For more information regarding the use of personal data by ASMODEE DIGITAL, please carefully review ASMODEE DIGITAL's Privacy Policy (the "Privacy Policy"). This Privacy Policy is annexed to the Terms and regulated by said Terms, and is as a result likely subject to modifications and updates in accordance with Article 16.
18. HEALTH OF VIDEO GAME USERS
ASMODEE DIGITAL advises you to take the following precautions in all cases when using a Service. Avoid playing if you are tired and/or short of sleep. Make sure that you play in a well lit room and moderate the brightness of your screen. When you play a video game or use a Service requiring connection to a screen, play at a good distance from the screen and as far away as the connection lead allows. During use, take breaks of ten (10) to fifteen (15) minutes every hour.
Epilepsy Warning
Some individuals are liable to have epileptic fits including, in certain cases, loss of consciousness, particularly when exposed to strong luminous stimulations: rapid succession of images or repetition of simple geometrical figures, flashes, or explosions. Such individuals are exposed to risks of fits when they play certain video games containing such luminous stimulations, even if they have no pre-existing medical conditions or have never themselves been prone to epileptic fits. If you or a member of your family have previously presented symptoms of epilepsy (fit or loss of consciousness) in the presence of luminous stimulations, consult your doctor before any use.
Parents must also pay particularly close attention to their children when they play video games. If you or your child present one of the following symptoms: dizziness, vision problems, contraction of the eyes or muscles, disorientation, involuntary movement or convulsions, or momentary loss of consciousness, you must immediately stop playing and consult a doctor.
19. SPECIFIC TERMS FOR COMPATIBLE MOBILE TERMINALS
The expression "Compatible Mobile Terminal" designates any device capable of connecting to the Internet to access the Services. The term Compatible Mobile Terminals covers mobile devices, in particular but not limited to this list, mobile phones, smartphones, tablets, and their derivatives or similar.
Access to Mobile Services.
ASMODEE DIGITAL allows its Users to access certain Services via their Compatible Mobile Terminal ("Mobile Services").
To access the Mobile Services from your Compatible Mobile Terminal you must (i) have a Compatible Mobile Terminal, (ii) have the permission of the person who pays the bill for said Compatible Mobile Terminal, (iii) be provided with Internet access via your Compatible Mobile Terminal.
Mobile Service Access Costs.
The use of a Compatible Mobile Terminal will lead in particular to connection costs for which ASMODEE DIGITAL shall not be held responsible. ASMODEE DIGITAL may charge you certain fees to access the mobile Services, in particular micro transactions within the Services.
20. MISCELLANEOUS
Titles and Headings.
The headings of the clauses are intended solely to facilitate reading and understanding of these Terms and may in no case allow any assumption to be made as to the content of the clauses and the way in which they may be interpreted.
Severability.
If one or more clauses of the Terms prove to be invalid or regarded as such by applicable legislation, regulation, or following a definitive decision of a competent jurisdiction, the Parties undertake to negotiate in good faith the necessary provisions of their replacement, without the entirety of the concerned Agreement being jeopardized.
No Waiver.
The fact that one of the Parties does not claim or is slow to claim the application of a clause in these Terms, may not be considered to constitute waiving of this clause or a modification of the Terms.
Entire Agreement.
The Terms (including the Privacy Policy) as well as all rules or instructions published online concerning a game, an activity, a contest or raffle, a commercial service in particular represent the entire agreement between you and ASMODEE DIGITAL concerning your rights and obligations as to the use of said Services.
Mediation
In accordance with the provisions in the Consumer Code, any consumer has the right to have recourse, free of charge, to mediation in order to amicably settle a consumer dispute with a trader. In this regard, disputes that would occur about the validity, interpretation, execution or the breach of these terms, or interruption or termination of the Service will be submitted to mediation in accordance with the mediation rules of the CMAP (Centre for mediation and arbitration of Paris).
Applicable Law and Jurisdiction.
These Terms and your Account are governed by French law, without applying its rules relating to conflicts of laws; and you expressly acknowledge the exclusive jurisdiction (without prejudice to your right to have recourse, free of charge, to mediation) of the French courts for any complaint or any dispute with ASMODEE DIGITAL, or related in any way to your Account or your use of the Services, and you also accept and expressly consent to the exercising of territorial jurisdiction in the French courts in relation to any dispute of this kind, including any complaint concerning ASMODEE DIGITAL and/or its Affiliates, and their subcontractors, vendors, and content suppliers.
Force Majeure
Subject to applicable legal provisions, ASMODEE DIGITAL may not be held liable for a fortuitous event, force majeure as defined by the French case law and Civil Code.
Contacts
For any question concerning these Terms, you may contact ASMODEE DIGITAL at the following address: https://asmodee.helpshift.com
THESE TERMS ARE APPLICABLE ONLY TO THE EXTENT PERMITTED BY LAW.
ANY USE OF THE SERVICES IMPLIES UNRESERVED APPROVAL OF THESE TERMS AND ASMODEE DIGITAL'S PRIVACY POLICY.