The
website accessible at the following URL address: http://in-game.mobi
, is edited by Intech SAL company
Article 1: OBJECT
The
following General Conditions of Use (Hereinafter referred to as ‘’GCU’’)
are intended to define the conditions under which the users of the Site,
whether or not they have an account (referred as ‘’the
users’’) can access and use the website accessible at the following
URL address:
http://in-game.mobi
as well as any content, tool, service and functionality made available on said
WebSite at the sole discretion of INTECH, which are exclusive property of
INTECH (hereinafter referred to as "WebSite").
Use
of the WebSite implies acceptance and respect of these GCU.
INTECH
reserves the right to modify at any time the GCU, by publishing a new version
on the WebSite. Use and / or access to the WebSite implies the acceptance of
the new Terms.
Article 2 – REGISTRATION
In
case of account creation, the information provided must be exact, complete and
updated. Moreover, the logins, email addresses, etc. must not infringe the
rights of third parties in any way.
To
access his account, the User will have to enter his username/login and
password.
The
User login and password are personal and confidential. The User undertakes not
to disclose them and / or assign them to a third party, and to take all the
necessary measures to preserve this confidentiality.
Minors
can only use and access the WebSite and / or the Services with the
authorization of their parents or legal representatives, who in any case remain
the only responsible for any wrongful acts of minors on which they hold the
authority, as well as possible harmful consequences of the use of the Site and
/ or Services by them. Minors are invited to read carefully these Terms/GCU.
INTECH
reserves the right to refuse the creation of the account, disable it and / or
delete it at any time, without notice.
Article 3 - PERSONAL DATA
Personal
data collected by INTECH as part of the use of the WebSite will be subject to
automated processing treatment.
It
is specified that “Cookies”, whose only function is to identify the Users (URL,
IP address, time and date of navigation, etc.), are automatically collected
during each connection on the WebSite and have the exclusive purpose to allow,
improve or ease the access and use of the WebSite and / or Services. Users can
block them by following the procedure indicated on their browser. It is nevertheless
specified that the use of the Website might be altered in this case.
The
personal data collected are necessary for the management of the account, for
the improvement of the WebSite and in order to extract the best benefit of the
Users features, contents, tools of the WebSite and to adapt them to their
specific needs and uses. They may also be used to target advertisements on the
WebSite and the Application and to offer products and services adapted to the
Users needs and uses.
The
consignee of the personal data collected is only by INTECH. They may,
nevertheless, be communicated to third parties pursuant to a law, a regulation
or a decision of a competent authority.
INTECH
commits, with regard to the persons concerned, to take all the necessary
precautions to preserve the security of the personal information concerning
them.
The
personal data collected will be kept by INTECH for the strictly necessary
duration to achieve the purpose mentioned hereabove.
The
Users have a right of access, rectification, opposition and withdrawal of the
information concerning them, which they can exercise by emailing to
[email protected]
Subject
to having obtained/collected User prior consent, INTECH could transmit to its
partners the information concerning it, in the context of marketing and
commercial and promotional operations, joint or not.
Article 4- INTELLECTUAL−PROPERTY
The
WebSite and all the elements and contents attached to it, provided or
represented, in any way, and without this list being limited, the Contents,
applications, tools, services, texts, images, trademarks, logos, names,
softwares and technical tools, databases, designs and models, are protected by
the intellectual property law and are subject to the laws and regulations
applicable in this field (hereinafter collectively referred to as
"Contents").
INTECH
owns the intellectual property rights relating to the Contents or has obtained
a regular license from their respective owners.
The
use and access to the Content do not give the User any intellectual property
rights over any element of the Content, which remains the property of their
respective owners.
In
general, INTECH grants Users a free, personal, non-exclusive and
non-transferable right of access and use of the WebSite (excluding the viewing
of Content on the WebSite), subject to acceptance and respect of the present
GCU.
INTECH
authorizes the Users to view the video content that may be provided on the
WebSite at the sole discretion of INTECH, in streaming only, on a non-exclusive
basis and for exclusively personal purposes, from the WebSite, through tools
provided by INTECH, under the conditions referred herein, and subject to
acceptance and compliance with the present GCU.
It
is understood that the User is prohibited (i) to download, in whole or in part,
the video content (s), permanently, on one or more devices (ii) and more
generally to harm in any way the intellectual property rights attached to the
WebSite and / or Contents (including video content that may be provided on the
WebSite).
Any
exploitation, reproduction, representation, modification deletion, grant,
download, copy, alteration, distribution, transmission, translation,
dissemination, sale, rental, decompilation, in particular, of the Content, in
whole or in part, in any manner, on any medium is strictly prohibited, except
with the express written consent of INTECH or its licensors .
Article 5 - AVAILABILITY OF THE WEBSITE
The
WebSite is accessible 24/7, except interruption, programmed or not, for
maintenance purposes or case of major forces.
The
WebSite is provided «as it is", without warranty of any form, without
maintenance obligation at the expense of INTECH.
INTECH
assumes no responsibility for the operation, availability, access and use of
the WebSite or Contents, and for damages of any nature that would result (in
particular loss of data, loss of profit, loss profit or customer).
Article 6 - USER RESPONSIBILITY
The
User agrees to use and access the WebSite in accordance with the present GCU,
not to interfere with the proper functioning of the WebSite in any way, not to
infringe the rights of INTECH or third parties in any manner, not to violate
the law and the regulations in force as well as public order and morality.
In
particular, the User agrees, in the context of use and access to the WebSite
not to:
-Violate
the intellectual property rights of INTECH or third parties;
-Violate the
respect for human dignity and minors;
-Violate
privacy;
-Make
propaganda, politics or proselytism;
-To
incite violence, racial hate, discrimination, racism, xenophobia;
-Make
an apology for crimes, including war crimes and crimes against humanity;
-Be
violent and threatening;
-Spread
rumors or false news;
-Return
to third party websites that are contrary to the present GCU;
-Bypass
technical protection systems, carry out or incite acts of piracy, transmit viruses,
interrupt, destroy or limit the WebSite functionality as well as any tool,
software, hardware ;
-Harm
the image of INTECH or the companies of the Group to which it belongs.
-In
general, the User agrees to respect others and to exercise good judgment in the
use of the WebSite.
-In
addition, the User is solely responsible for the use of his account and the
actions taken via his account.
Article 7 – LIABILITY
7.1
INTECH is responsible for the proper performance of its contractual obligations
in the context of its regulatory obligations and the standards in force.
However,
the responsibility of INTECH cannot be engaged if the execution or the bad
execution of the Subscription contract is not its fact and is imputable, either
to the Customer, or to the unpredictable and insurmountable fact of a third
party, or to a case of major force.
In
this context, INTECH will not be held responsible:
-Malfunctions
and/or any interruptions in the provision of In-game service;
-Any
damage suffered by the Customer and / or any third party through the In-game
service (i) resulting from the action or omission of the Customer, in whole or
part, or (ii) due to technical incompatibility of his equipment with the In-game
Service;
-Any
installation difficulty of the application (ii) in case of malfunction of the
terminals or the Internet or mobile network, (iii) in case of disappearance,
loss or damage, including for damage affecting the hardware necessary to use
the In-game Service.
7.2 The Customer undertakes to indemnify
INTECH for any damage, recourse or claim for which the Customer is liable and
resulting from its misuse of the WebSite, the Application and / or the Service,
and the non-compliance with these GCS.
Article 8 - CONTACT - ASSISTANCE - CLAIMS
The
Customer may contact INTECH, by email: [email protected]
For
requests relating to the proper execution of his subscription or for any
complaint, the Customer may contact INTECH by email at [email protected]
In
case of difficulty occurring during the use of In-game, the Subscriber has the
possibility, before any legal action, to seek a friendly solution with the
company INTECH, in particular by addressing the mediator of the business (free for
the consumer).