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ARTICLE 1 - SCOPE
Exagame, Bebevallee and BabyValley are trademarks of Exagame, a French société par actions simplifiée with a share capital of 56,923 euros, whose registered office is located at 6, avenue Fernand Lefebvre, 78300 Poissy, registered with the register of companies of Versailles under number 494 547 078. The Website is published by Exagame.
ARTICLE 2 - INTELLECTUAL PROPERTY
The Website and the Content are protected by the legislation on copyright and intellectual property. Exagame consents to the User a non-exclusive, revocable license to use the Content exclusively to access the Website as provided herein. This license includes the right to use the Content for personal use only and not for any commercial activity. This right is not assignable. A User has no right of ownership on her/his account nor on any other part of the Website.
Any reproduction of any Content and any mention or use of trademarks, trade names, acronyms, logos, designs, patterns from pictures on the Website is prohibited without the prior written consent of Exagame. Any violation of this prohibition constitutes an infringement of applicable laws and may give rise to civil liability and legal proceedings.
ARTICLE 3 - RULES OF CONDUCT
Users shall abide by the rules of conduct mentioned in this article.
• To access some of the Content, the user must create an account (an "Account"), accessible with a username and password. People under the age of majority are required to obtain permission from their parents or legal representatives to create an account.
• A User’s password is personal and confidential and the User must take all necessary measures to ensure its confidentiality. The User represents not to allow a third party to access her/his account and is responsible for any use that may be done by her/him or anyone else of the Account.
• A single person can not create more than one Account. Should a User want to create another account, she/he shall first obtain the removal of her/his previous account.
• Each User represents that all information relating to her/him in the account opening form, including contact information and email address, is accurate. Users are required to update any information that would cease to be accurate, or would need to be changed for any reason.
• The User shall refrain from using a technical, software or script error or malfunction for the purpose of cheating. Upon becoming aware of such error or malfunction, the User shall notify Exagame as soon as possible to the following address: Exagame SAS - 6, avenue Fernand Lefebvre - 78300 Poissy, France or by e-mail to firstname.lastname@example.org. For the purposes of this paragraph, "cheat" means the fact of (i) cheating, (ii) distorting the proper functioning of the Website, (iii) distorting the normal game on the Website, (iv) hacking the Website or the game or (v) intercepting or seeking non-public information on the Website or the game.
• Each User agrees that her/his use of the Website shall in no way violate the rights of third parties (including intellectual or industrial property rights such as trademarks, designs, models, patent or know-how) or laws and regulations in force in the United Kingdom, France, her/his country of residence or the country where data are to be received.
• Users shall refrain from disseminating or spreading any information that would contravene public order or would be violent, pornographic, insulting, defamatory, abusive, obscene, hateful or objectionable in the sections of the Website opened to public discussions and more generally throughout the Website. Each User shall refrain from disseminating or spreading any information on the Website that would not comply with laws and regulations in effect, in particular the rights defined above, or to resort to spam.
ARTICLE 4 - NON-COMPLIANCE WITH CONDITIONS
SECTION 5 - FREEDOM OF INFORMATION
Exagame has files containing information on all its Users. Collecting such information allows Exagame to manage accounts. Exagame also reserves the right to transfer and use such information with any third parties for direct marketing or for the purposes mentioned herein, subject to any applicable laws and regulations, which the User expressly acknowledges and accepts.
To promote the Website to their contacts (and for this purpose only), users may specify information providing access to their MSN contacts list in a form. Notwithstanding the provisions of the first paragraph, Exagame will not record, communicate or store such information provided in relation to MSN. MSN is a registered trademark of Microsoft Corporation. MSN logo is a trademark of Microsoft Corporation.
Under French Law No. 78-17 of 6 January 1978 on computers, files and freedoms, each user has a right of opposition (art. 26 of the Law), access (art. 34 to 38 of the Law) and rectification (article 36 of the Law) on data supplied by her/him in connection with the opening of her/his account or the purchase of Paid Contents. Thus, each user may require that information relating to her/him be corrected, completed, clarified, updated or deleted if inaccurate, incomplete, ambiguous or outdated. To exercise any of these rights, you must contact Exagame at: Exagame SAS - 6, avenue Fernand Lefebvre - 78300 Poissy, France or by e-mail at email@example.com.
One or more "cookies" may be placed on the hard disk of the computer of each user, particularly to enable Exagame to recognize when the user connects to the Website, to facilitate the management of her/his account and generate statistics on the Website. The User authorizes the establishment of cookies and their use by Exagame. Users are advised of the possibility of opposing the installation of cookies, especially with browsers such as Internet Explorer and Firefox.
ARTICLE 6 - PAID CONTENT
Article 6.1 - General
The Website is a free online game for which there is no obligation to buy. However, some Content, such as the sale of virtual objects, the publication of graffiti’s or purchase of Bebos may require a payment (any Content requiring a payment is referred to herein as a "Paid Content"). Such a payment is by no means compulsory to view the Website and play online.
Paid Contents are intangible goods made available to users for use on the Website. Such availability does not confer any ownership of any Paid Content.
Exagame reserves the right at any time at its discretion, to delete, edit or add Paid Content.
Article 6.2 - Proof of the transaction
People under the age of majority are required to seek prior permission of the owner to use the telephone line, Internet access, credit card or other payment method available on the Website. No action may be brought against Exagame where people under the age of majority use Paid Content of the Website without acceptance of their parents or legal representatives.
On payment of a Paid Content by the solutions of our partner Allopass (http://www.allopass.com), the User expressly acknowledges that this payment method can not allow Exagame to issue an invoice.
The User is bound by her/his order as soon as she/he has provided the required information relating to the method of payment chosen by her/him and clicked the appropriate button in the payment page of the Website. The data stored on the Exagame server constitutes proof of all transactions by Exagame and its Users.
Data recorded by the payment system provider of the payment solution chosen constitutes proof of any transaction.
Article 6.3 - Price, Payment Method and Security
The current rates are expressed inclusive of all taxes, Exagame reserving the right to apply any new tax and rate increases. Prices shown are in British Pounds.
Payment of Paid Content may be made through Allopass solution (Audiotel, Sms). You must pay all of your purchases when ordering.
For payments by debit or credit card, debit on the debit or credit card shall be made in British Pounds at the time of acceptance of the order by Exagame. The secured area where you enter the number of your debit or credit card and its expiration date on the Website is encrypted. Exagame and the provider of its payment solution Allopass guarantees the security of your online transactions. We use one of the most secure systems available on Internet: SSL (Secure Socket Layers). All your personal information is protected and encrypted before transmission for processing. Most browsers are compatible with SSL. If you are unsure, please check with your ISP.
Article 6.4 - Claims
Any claim relating to any Paid Content, its consultation or its download shall be addressed to Exagame or the third party in charge of the payment method, as applicable.
Users can make reservations until immediately after the download or online consultation of the relevant Paid Content. Such reservations must be accompanied by the reason for the claim. Any such claim shall be made only by e-mail to firstname.lastname@example.org no later than 48 hours after the occurrence of the reason for the reservations.
After review, Exagame reserves the right to refund the price paid by the User or provide the equivalent of the relevant Paid Content. No requests for refunds will be accepted unless notified with the User ID and proof of payment.
6.5 - Withdrawal
Paid Contents are delivered instantly by executing an online service. Exagame begins to execute its service before the end of the seven day period, which the User expressly acknowledges. The parties agree that consulting or downloading a Paid Content shall not give rise to the exercise of any right of withdrawal.
ARTICLE 7 - LIMITATION OF LIABILITY
Article 7.1 - General Limitations
All the equipment needed for the connection to the Internet are the sole responsibility of the User. It is for each user to acquire, operate and maintain the hardware, software and other equipment necessary to use the Website and any Content. All costs (telecommunications, computer or otherwise) required, directly or indirectly, for the User to use the Website or any Content are the sole responsibility of the User.
The User represents that she/he is aware of the characteristics of Internet, its features and limitations and acknowledges that:
- The transmission of data or information on the Internet has only a relative technical reliability, as the networks have various characteristics and technical capacities which are sometimes congested at certain times of day;
- Data on the Internet are not protected against possible hijackings, and the communication of passwords, PIN codes, and more generally, any information of a sensitive nature is made by the user at her/his own risk;
- Some of the data circulating on the Internet may be subject to private ownership under laws on intellectual property and consulting or storing such data on her/his computer or having data from her/his computer accessible on the Internet are made by the User at her/his own risk;
- She/He should take all appropriate steps to protect her/his own data and/or software stored on her/his computer equipment from contamination by viruses or intrusion attempts by third parties;
- Know the codes of conduct, customs and rules of conduct of the Internet;
- Her/His equipment is connected to the Website under her/his sole responsibility and that consequently Exagame is not liable for any damages that may occur to any equipment because of her/his connection to the Website.
As a result of the foregoing, and in full knowledge of the characteristics of the Website, the User waives liability on the part of Exagame and Exagame is released from any liability related to facts or events mentioned above.
The User acknowledges that the use of the Website is carried out under her/his sole responsibility and at her/his own risk. Exagame can in no way be held liable for data loss or damage associated with these data or any direct or indirect damage, arising in particular from the use or inability to use the Website, defects, viruses, delay in transmission or access, interruption or loss of files.
Section 7.2 - Specific Limitations to Paid Contents
Exagame ensures that Paid Contents were the subject of all the care necessary to ensure conformity with the description that appears on the Website at the date of the order. This is the only representation made by Exagame. Exagame excludes any warranty, express or implied, including any warranty of value, quality, correspondence to description, or compliance of the Website or any Paid Content for a particular purpose. Exagame does not represent that the use or the result of the use of information available through the Website will be correct, accurate, reliable or of any quality. Photographs, drawings, models or summaries of Paid Contents are non-contractual in nature. In any case, Exagame can not be held liable for data loss or damage associated with these data.
Exagame strives to offer Paid Contents of quality and ensure that mistakes are not committed on the Website and in relation to Paid Contents. However, if despite such attention, errors were detected, Exagame shall not be held responsible for any consequences.
In any event, the liability of Exagame relating to a Paid Content is limited to a refund of the purchase price.
Users outside France are invited to learn about the import duties or taxes that may be applicable. They are solely responsible and assume full responsibility, both in terms of statement of payment.
ARTICLE 8 - NOTICES
Article 8.1 - Warning on the use of information in real life
The Website is primarily a game, and although particular attention has been paid to information published by Exagame on the Website, there may be some information about the education of young children that are inaccurate or misleading and the information should therefore not be used in real life without the user having performed all necessary checks.
Article 8.2 - Precautions to be taken in all cases when using a video game
Avoid playing if you are tired or if you lack sleep. Make sure you play in a well-lit room by scaling the brightness of your screen. When using a video game connected to a screen, play at a safe distance from the screen and as far as allowed by the power cord. During use, made breaks of ten to fifteen minutes every hour.
ARTICLE 9 - FORCE MAJEURE
These conditions are exclusively governed by French law and any dispute related to these conditions shall be submitted to the exclusive competence of French courts.
ARTICLE 11 - FOR FURTHER INFORMATION
Poissy, 30 March 2009.