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General Terms and Conditions
(last updated on 21/01/16)
Version V.1.0
These General Terms and Conditions ("Terms and Conditions") define the conditions under which any person accesses and uses the downloadable game Baskhead (the "User"), published by KABO, registered at the Trade and Companies Register of Bobigny under the number 441 678 273, registered under the intra-Community VAT identification number FR87441678273, with capital of seventy thousand and five hundred (70 500) euros and whose registered office is located at 16 rue André Campra – 93 210 St Denis La Plaine (the "Company"), and its updates (collectively, the "Game").
1. Acceptance of Terms and Conditions
Before downloading, accessing or using the Game, the User must read the Terms and Conditions carefully. Any User accessing and using the Game in any way confirms that he has read, understood and expressly accepted the Terms and Conditions which constitute the contract between the User and the Company, which may be supplemented, if so, by Specific Terms of Use. The Company may vary all or part of the Terms and Conditions by giving notice to the User, in any form. If the User does not agree to its contractual relations with the Company being governed by the new version of the Terms and Conditions, he must inform the Company by email, to be sent to the address baskhead@vr-lines.com within 15 days from receiving the notice. If necessary, the User must stop using and delete the Game immediately after giving notification of his refusal to the Company.
In the event of any conflict with any other rules, policies or operating procedures that do not expressly provide derogation, these Terms and Conditions shall prevail.
Access to certain services may also be subject to the User's full and complete acceptance of the specific terms of use (the "Specific Terms of Use"), which will be proposed to the User in these Terms and Conditions or on the specific service screens concerned for acceptance, before the supply of the specific service.
2. Presentation of Game
The Game supplied by the Company is a Virtual Reality Game where the User plays basketball like playing the hoop in a virtual stadium. Balls are flying at the User’s head and his goal is to catch them all. His score depends on to balls he catches, if he builds combos and of the special balls he gets.
You shall play the Game sitted with someone watching over you so you don't hurt yourself or anyone, and don't break anything.
There are 4 play modes:
- Arcade: the User has to score as many points as he can in 45 seconds - with boosts and combos. There is a dedicated international leader board available through the Game or partially and sometimes on the website www.baskhead.com
- Ultimate: no miss allowed. There is a dedicated international leader board available through the Game or partially and sometimes on the website www.baskhead.com
- Survival: the User plays against the clock - every ball saves precious seconds. Watch out for impacts! There is a dedicated international leader board available through the Game or partially and sometimes on the website www.baskhead.com
- Multiplayer: the User competes with up to 9 persons of his choice (collectively, the "Players") on the same VR headset. There is a dedicated local leader board available through the Game. Each Player is recognized by a number and a color.
The Game is constantly evolving. The User acknowledges and agrees that the nature and the form of the Game may change from time to time. The User will have to download the update to get the last versions.
In all cases, the Game is provided without any time limit. The User is informed that the Company is not bound by any maintenance obligation. The User agrees not to use the Game in an unreasonable or excessive manner and, in general, agrees that his use of the Game shall not affect its stability or security.
The User may stop using and/or definitively delete the Game at any time.
3. Access and use of the Game
The Game can only be downloaded from the appstores on Gear VR according to the Terms and Conditions set out below.
3.1. General conditions
The Game is downloadable for a fee by any individual who has first read and fully accepted the Terms and Conditions. The Game is reserved to a private use only. No public or commercial use of the Game can be done without a Company prior written consent. Requests shall be sent to baskhead@vrlines.com or made directly on the website www.baskhead.com.
Downloading of the Game by a User acting as a professional is expressly prohibited, except with the prior authorisation of the Company and according to the terms, notably financial, of use determined by the Company. Such authorisation shall be requested by email to be sent to baskhead@vr-lines.com, in response to which the Company may address the User an estimate in view of the intended use of the Game.
In any case, the Game shall only be downloadable if the User has acknowledged and fully accepted the present Terms and Conditions.
The Game may only be downloaded and used by natural persons aged over 18, or those having reached the age of majority in their country of residence, or by a minor or incapacitated person over the age of consent whose the legal guardian has accepted the present Terms and Conditions in their name and on their behalf, in accordance with any limit that may be stipulated before downloading the Game. By accepting the Terms and Conditions, the User or his legal guardian agrees to provide the Company, on its request, any proof of his age or of his status that may be required. It is expressly agreed that the User or each of the Players mentioned in article 2 should be at least 13 years old.
In order to download, access and use the Game, the User must have the softwares and equipments needed for its functioning, namely a computer that is compatible with the Game and enables a connection to the Internet (the "Terminal"), a Gear VR headset and compatible phone (the “Playback Support”),. The Terminal's connection to the Internet during the use of the Game is not essential. The Company has no obligation to ensure that the Game is accessible on all terminals such as computers, smartphones, tablets or other devices. The compatible devices with the Game will be listed on the website www.baskhead.com. All costs, expenses, subscription fees and taxes relating to the Internet connection are the sole responsibility of the User.
3.2. Provision of compulsory information
No compulsory information are necessary to play the game. The User will get an automatic nickname that may not be changed.
3.3. Downloading of the Game
The storage of the Game on the User’s Terminal is the sole responsibility of the User, who operates without any assistance, and in particular without any installer, i.e. a program used to install software on a given storage unit. Notably, the User decides the location in which the Game is stored on the Terminal.
The Company is not liable for any loss and/or damage arised during and/or after the downloading and/or the storage of the Game on the Terminal as a result of that operation.
3.4. Use of the Game
The User can choose which modes of the Game he wants to play among the four play modes described in Article 2, and can change from one play mode to another during his use of the Game.
3.5. Submissions
If a User submits suggestions, proposals, comments or other elements to the Company (the "Submissions") in connection with the use of the Game, the Company is under no obligation to treat the Submissions as confidential, nor shall it have any obligation to respond to it. The Company may use the Submissions for any useful purpose, without compensation and without prejudice to the application of any other relevant provisions of the present Terms and Conditions.
3.6. Liability/Security
The downloading, access and/or use of the Game on the Terminal and/or the Playback Support is under the sole responsibility of the User. Notably, the Company shall not be liable for any loss, theft and/or unauthorised use of the User's Terminal, the Playback Support and the Game.
The loaning, sharing, exchange, donation, purchase, transfer and/or sale of the Game are prohibited and shall not be binding on the Company, which may also apply the provisions stipulated in article 10.3 of the Terms and Conditions.
3.7. Cessation of use and/or deletion of the Game
The User may stop using and/or definitively delete the Game at any time.
Deletion of the Game from the Terminal shall take place under the User's exclusive responsibility, without any assistance, and in particular without any uninstaller, i.e. a program intended to uninstall a software from a storage unit.
The Company is not liable for any loss and/or damage arised during and/or after the deletion of the Game from the Terminal as a result of that operation.
The User is informed that after the Game is deleted, the Terminal will no longer send data about his use of the Game.
4. HEALTH AND SAFETY INFORMATION
IMPORTANT SAFETY INFORMATION – THE USER SHOULD READ THE FOLLOWING WARNINGS BEFORE LOADING THE GAME. IF THE GAME IS PLAYED BY SOMEONE WHO CAN NOT READ ENGLISH, THIS INFORMATION SHOULD BE READ AND EXPLAINED BY SOMEONE ELSE. THE USER SHOULD ALSO READ THIS INFORMATION TO EVERY PLAYER MENTIONED IN ARTICLE 2. FAILING TO DO SO MAY CAUSE INJURY.
PLAYING THE GAME CONDUCT THE USER AND/OR EACH PLAYER TO LIVE AN IMMERSIVE VIDEO EXPERIENCE, WHICH CAN HAVE ADVERSE EFFECTS ON THE USER AND/OR THE PLAYER(S), INCLUDING SIMULATION SICKNESS, PERCEPTUAL AFTER EFFECTS, DISORIENTATION, EYE STRAIN AND DECREASED POSTURAL STABILITY, OR INCREASE THE RISK OF OTHER CORPORAL DAMAGES. SOME INDIVIDUALS MAY ALSO EXPERIENCE SEVERE DIZZINESS, EPILEPTIC SEIZURES, OR BLACKOUTS WHEN EXPOSED TO CERTAIN FLASHING LIGHTS OR PATTERNS.
IT IS REMINDED THAT THE USER AND/OR EACH PLAYER SHOULD BE AT LEAST 13 YEARS OLD. PARENTS SHOULD SUPERVISE CHILDREN WHEN PLAYING THE GAME. BEFORE ALLOWING ANY CHILD TO USE THE GAME, A PARENT OR OTHER RESPONSIBLE ADULT SHOULD DETERMINE WETHER THE GAME IS APPROPRIATE FOR THE CHILD.
IT IS REMINDED THAT THE GAME SHALL BE PLAYED SITTED AND NOT ALLOWED IN THE ROOM.
THE USER AND/OR EACH PLAYER SHOULD IMMEDIATELY STOP PLAYING AND CONSULT A DOCTOR IF HE HAS ANY OF THE FOLLOWING SYMPTOMS: CONVULSION, EYE OR MUSCLE TWITCHING, LOSS OF AWARENESS, ALTERED VISION, DISORIENTATION OR ANY TYPE OF DISCOMFORT OR PAIN IN THE HEAD OR EYES.
GENERALLY, THE USER AND/OR EACH PLAYER SHOULD REASONABLY USE THE GAME, IN PARTICULAR IN TERMS OF DURATION AND FREQUENCY OF PLAY, AND NOT USE IT UNDER CONDITIONS THAT MIGHT FACILITATE THE RISKS ABOVE MENTIONED.
4.1. WARNING – SEIZURES
SOME PEOPLE (ABOUT 1 IN 4000) MAY HAVE SEIZURES OR BLACKOUTS TRIGGERED BY LIGHT FLASHES OR PATTERNS, AND THIS MAY OCCUR WHILE THEY ARE PLAYING VIDEO GAMES SUCH AS THE GAME, EVEN IF THEY NEVER HAD A SEIZURE BEFORE.
ANYONE WHO HAS HAD A SEIZURE, LOSS OF AWARENESS OR OTHER SYMPTOM LINKED TO AN EPILEPTIC CONDITION SHOULD CONSULT A DOCTOR BEFORE PLAYING THE GAME.
TO REDUCE THE PROBABILITY OF A SEIZURE WHEN PLAYING THE GAME:
- THE USER AND/OR THE PLAYER(S) SHOULD NOT PLAY IF TIRED OR NEEDED SLEEP;
- THE USER AND/OR THE PLAYER(S) SHOULD REDUCE THE BRIGHTNESS OF THE SCREEN ON WHICH THE GAME APPEARS;
- THE USER AND/OR THE PLAYER(S) SHOULD TAKE AT LEAST 10 TO 15 MINUTE BREAK EVERY HOUR.
4.2. WARNING – PREGNANCY AND MEDICAL CONDITIONS
THE USER AND/OR EACH PLAYER SHOULD CONSULT THEIR DOCTOR BEFORE PLAYING THE GAME THAT MAY REQUIRE PHYSICAL ACTIVITY IF THEY ARE PREGNANT, SUFFER FROM HEART, RESPIRATORY, BACK, JOINT OR ORTHOPAEDIC PROBLEMS, HAVE HIGH BLOOD PRESSURE, OR IF THEIR DOCTOR HAS INSTRUCTED THEM TO RESTRICT THEIR PHISCAL ACTIVITY OR IF THEY HAVE ANY OTHER MEDICAL CONDITION THAT MAY AGGRAVATED BY PHYSICAL ACTIVITY.
4.3. WARNING – CORPORAL DAMAGES
CONSIDERING THE USER AND/OR THE PLAYER(S) TO BE UNABLE TO SEE ANYTHING EXCEPT THE GAME APPEARING ON THE SCREEN DURING THE USE OF THE GAME, CORPORAL DAMAGES TO THE USER AND/OR THE PLAYER(S) AND/OR THIRD PARTY CAN OCCURE DURING THE USE OF THE GAME. THE USER AND/OR THE PLAYER(S) SHOULD ENSURE THE SAFETY OF THEIR ENVIRONMENT BEFORE LOADING THE GAME.
TO REDUCE THE PROBABILITY OF A CORPORAL DAMAGE WHEN PLAYING THE GAME:
- THE GAME SHOULD BE USED IN A CLOSED AND ADEQUATE AREA;
- THE GAME SHOULD NOT BE USED UNDER CONDITIONS FACILITATING THE RISK OF FALLING SUCH AS IN PROXIMITY OF STAIRS OR A BALCONY;
- THE USER AND/OR THE PLAYER(S) SHOULD NOT PLAY UNDER THE INFLUENCE OF DRUGS OR ALCOHOL;
- THE USER AND/OR THE PLAYER(S) SHOULD ENSURE THAT THE AREA THAT THEY MIGHT MOVE INTO ARE KEPT CLEAR, AND THAT FURNITURE, OBJECTS AND OTHER PEOPLE WHO ARE OUT OF THE PLAY AREA SO THAT THEY DO NOT ACCIDENTALLY BUMP INTO THEM WHILE USING THE GAME;
- IT IS RECOMMANDED THAT THE USER AND/OR THE PLAYER(S) PLAY SITTED IN PRESENCE OF AT LEAST ONE OTHER PERSON.
4.4. WARNING – MOTION SICKNESS
PLAYING THE GAME CAN CAUSE MOTION SICKNESS IN SOME PLAYERS. THE USER AND/OR THE PLAYER(S) SHOULD STOP PLAYING IMMEDIATELY IF THEY EXPERIENCE DIZZINESS, NAUSEA, FATIGUE, MOTION SICKNESS OR SIMILAR SYMPTOMS, OR IF THEY EXPERIENCE DISCOMFORT IN THEIR EYES, HEAD, OR OTHERWISE FEEL UNWELL AT ANY TIME DURING GAME PLAY. THE USER AND/OR THE PLAYER(S) SHOULD NOT DRIVE OR ENGAGE IN OTHER PHYSICAL ACTIVITY UNTIL THEY FEEL BETTER.
5. Intellectual property of the Company
The User undertakes to comply with the Company's present or future rights of intellectual property and/or those of third parties and/or those of its partners, and notably the rights of intellectual property held over all the protected functional elements of the Game, including but not limited to the trademarks, logos, icons, softwares and databases. Any use, reproduction or representation, whole or in part, of the protected elements, which does not have the prior written authorisation of the Company, of its partners or third parties, is prohibited and shall constitute a civil and criminal counterfeiting offence. The Company may apply the provisions of article 10.3 of the Terms and Conditions.
Subject to acceptance and compliance by the User with the Terms and Conditions, the Company shall grant the User, for a period of 5 years starting from the date of the download of the Game, free of charge if the User is an individual, and, if so, for payment if the User is a professional user.
The licence shall be non-exclusive, personal, non-transferable, non-assignable, without a right of sublicence and is intended for the use of the Game under the conditions set out in the Terms and Conditions.
All other rights are reserved to the Company.
The User shall not use the Game outside the scope determined by this licence.
Without prejudice to the rights granted under this article and subject to the applicable provisions of laws and regulations, the User hereunder is in particular not authorised to:
- copy, print, transfer, transmit or represent all or part of the Game;
- sell, rent, sub-licence or distribute the Game in any way whatsoever;
- alter, modify, adapt or change the nature of the Game and/or merge all or part of the Game into other softwares;
- carry out any compilation, de-compilation, disassembly, retro engineering or translation of the Game and/or attempt to do so;
- if so, bypass the technical or protective measures on the Game.
Notwithstanding the foregoing, the Company informs the User that some rights granted under this article have been previously licenced or transferred to the Company. The main authors of the Game are:
- Damien Doury, the developer of the Game;
- Thomas Chevenne, the author of the majority of the 3D design of the Game;
- Valentin Lafort / Unique Sound, the author of the music of the Game.
As mentioned previously, the User shall exercise these sublicensed rights exclusively within the use of the Game.
It is hereby expressly agreed that the User is prohibited from correcting any irregularity whatsoever on the Game.
The User must not remove, modify or hide any reference made by the Company to its rights of intellectual property over the Game.
The digital file allowing the use of the Game is only available to the User for a limited period corresponding to the term of the licence above mentioned. The User is not the owner of this digital file and shall not as a result assign it or dispose of it in any way.
The User and the Company hereby expressly agree that this article shall remain in force in the event of full or partial termination of the Terms and Conditions for whatever reason.
6. Collection of information through the use of Internet trackers and means of objecting to their use
The Company uses trackers, commonly known as "cookies", to collect data relating to the use of the Game, namely the nickname, the scores and the time playing of the User. These trackers enable the Company to have access, by electronic transmission, to these data which are already hosted in the User's Terminal and/or to record information on this Terminal for this purpose.
The User is informed that the trackers above mentioned are using in order to:
- establish the leader boards available through the Game or on the website www.baskhead.com;
- collect and process statistical data on the use of the Game
- improve the Game.
The use of trackers above mentioned is submitted to the express consent of the User.
If, after having given his consent, the User wishes to withdraw his consent, he must use the configurations of the Game to delete or refuse the trackers.
7. Warranty
The user is informed and hereby agrees that the Game is provided by the Company "as is", and "as available".
The Company shall use its best efforts to ensure the proper functioning of the Game, in accordance with the limits of responsibility of the Terms and Conditions.
The Company provides no guarantee as to the Game being free from defects or for its functioning being uninterrupted. Therefore, the user is reminded that he must take all appropriate measures to minimise any damage that may result from any possible interruption of the Game's functioning.
8. Liability
8.1. Company's liability
The Company is merely the supplier of the Game and has notably no knowledge of the conditions under which the User plays to the Game.
The Company can only be held liable in the case of proven fault and for damage resulting from events that were directly attributable to it in connection with the Game.
Notwithstanding the foregoing, the Company shall not under any circumstances be held liable for any downloading, access and use of the Game that does not conform to these Terms and Conditions. The Company shall not, under any circumstances, be held liable for the User's conduct, notably in using the Game, and/or acting in an inappropriate or illegal manner in connection with the Game. Similarly, the Company shall not be held liable for any loss of profits, loss of customers, disruption to the User’s activities, harm to image or any other moral or physical damage suffered by the User or any third party occurring during the use of the Game and any action taken against the User by a third party shall not give any rights to reparation, even if the Company was informed of the possibility of such damage.
The User warrants the Company against any action arised from any third party relating to such use of the Game, or such damage or loss occurring during the use of the Game.
IT IS AN ESSENTIAL AND DECISIVE CONDITION OF THE GENERAL TERMS AND CONDITIONS THAT IF THE COMPANY WAS HELD LIABLE, THE TOTAL DAMAGES THAT IT MAY BE REQUIRED TO PAY TO THE USER IN ANY CIRCUMSTANCE, IS LIMITED TO 100 (ONE HUNDRED) EUROS.
The User and the Company hereby expressly agree that this article shall remain in force in the event of full or partial termination of the Terms and Conditions for whatever reason.
8.2. User's liability
The User is solely liable for compliance with the Terms and Conditions.
The User hereby expressly acknowledges and accepts that if the Company verifies that the User is no longer complying with his obligations under the present Terms and Conditions, it may apply the provisions as stipulated in article 10.3 of the Terms and Conditions.
9. Force majeure
The Company may not under any circumstances be held liable and may not be requested to pay any indemnity in respect of any delay or indemnify any harmful consequences resulting from an event of force majeure.
Other than the events commonly considered to be force majeure by the courts in France, the following shall be expressly events of force majeure: industrial action either internally or by key suppliers, interruptions to the supply of electricity, faults on the communication and hosting networks on which the Game and/or substitute networks depend.
The execution of the Game shall be suspended in the event of a case of force majeure.
10. Duration/Suspension/Termination
10.1. The Terms and Conditions shall take effect from the date of acceptance by the User, under the conditions stipulated in Article 1. They shall remain in force between the User and the Company for two years after the User's cessation of use of the Game.
10.2. The User is free to terminate the Terms and Conditions at any time, by stopping use of the Game.
If the User stops using the Game, he is informed that the Terms and Conditions shall be legally terminated two years after cessation of use.
The User is hereby informed that the licence granted by the Company herein shall be legally terminated two years after cessation of use.
The Company may terminate the Game at any time, by giving a notice to the User, by any means and within a reasonable time.
10.3. If the User fails to comply with any of his obligations under the Terms and Conditions, the Company may take any action with a view to remedying and if necessary penalising the default.
If the User is in serious breach of any of its obligations under the Terms and Conditions, the Company may address by any means whatsoever a warning requesting the temporary suspension or definitive interruption of use of the Game, without legal formalities, without compensation and without prejudice to any damage that may be claimed by the Company. The warning shall be sent to the email mentioned in article 3.1 of these Terms and Conditions for professional users acting as such. The User shall be informed of the reason for any of the above measures and the duration of the suspension period if applicable. In such a case, the User must provide confirmation of the deletion of the Game, of any complete or partial copies of the Game, and of any other file or folder provided by
the company, within a period of 30 working days after receipt of the warning. The above penalties may be ordered without prejudice to any civil or criminal actions to which the User may be subjected by the public authorities, by a third party or by the company.
10.4. If these Terms and Conditions are terminated for any reason whatsoever, the Game, any complete or partial copies of the Game and any other file or folder relating to the same, provided by the Company, must be deleted from the User's Terminal by the User. However, it is agreed that the provisions of the Terms and Conditions will be the same as those governing the use of the Game up until the termination took effect.
11. General provisions
11.1. If one or more provisions of the Terms and Conditions are deemed to be invalid or are declared as such by law, or by a regulation or following a final decision of a competent court, the other provisions shall remain in force, provided that the essence of the contract is not altered.
The parties agree to replace the clause deemed to be null and invalid by a new clause that conforms to the intention of the parties.
11.2. Should the Company fail to demand or require the execution by the User of any of the provisions of these Terms and Conditions, this shall not be deemed a waiver by the Company of its right to demand or require the execution of these provisions.
Unless expressly specified herein, any declarations, agreements, waivers or other acts or omissions by the Company shall not under any circumstances be interpreted as an intention to amend the Terms and Conditions, and shall only be binding if made in writing and signed by the User and by the Company's legal representative.
11.3. The Company may, at any time, freely assign all or part of its rights and obligations under these Terms and Conditions (in particular through a sale of business assets, contribution of assets or merger).
The User may not assign his rights and obligations under the Terms and Conditions.
11.4. THE USER IS INFORMED THAT THE COMPANY IS INTENTED TO BE SUBSTITUTED BY THE A DE FACTO COMPANY WHICH WILL BE CREATED WITHIN 6 MONTHS FROM THE FIRST DAY OF THE EXPLOITATION OF THE GAME UNDER THE CORPORATE NAME “VRLINES” (“VRLINES”).
The User accepts that any right and obligation of the Company from the present Terms and Conditions will be transmitted to VRLINES, which will automatically substitute the Company without any formality from the moment of its creation.
11.5. The User may contact the Company at the following addresses, for any questions, information or notifications:
- email: baskhead@vr-lines.com ;
- post: KABO 16 rue André Campra La Plaine St Denis FRANCE.
12. Jurisdiction and applicable law
12.1. ANY DIFFICULTY RELATING TO THE VALIDITY, INTERPRETATION OR EXECUTION OF THE TERMS AND CONDITIONS THAT IS NOT SETTLED AMICABLY BY THE COMPANY AND ANY USER ACTING AS A LEGAL PERSON SHALL BE REFERRED TO THE COMPETENT COURT OF PARIS (FRANCE).
12.2. These Terms and Conditions are subject to French law.
General Terms and Conditions
21/01/2016
V.1.0
(last updated on 21/01/16)
Version V.1.0
These General Terms and Conditions ("Terms and Conditions") define the conditions under which any person accesses and uses the downloadable game Baskhead (the "User"), published by KABO, registered at the Trade and Companies Register of Bobigny under the number 441 678 273, registered under the intra-Community VAT identification number FR87441678273, with capital of seventy thousand and five hundred (70 500) euros and whose registered office is located at 16 rue André Campra – 93 210 St Denis La Plaine (the "Company"), and its updates (collectively, the "Game").
1. Acceptance of Terms and Conditions
Before downloading, accessing or using the Game, the User must read the Terms and Conditions carefully. Any User accessing and using the Game in any way confirms that he has read, understood and expressly accepted the Terms and Conditions which constitute the contract between the User and the Company, which may be supplemented, if so, by Specific Terms of Use. The Company may vary all or part of the Terms and Conditions by giving notice to the User, in any form. If the User does not agree to its contractual relations with the Company being governed by the new version of the Terms and Conditions, he must inform the Company by email, to be sent to the address baskhead@vr-lines.com within 15 days from receiving the notice. If necessary, the User must stop using and delete the Game immediately after giving notification of his refusal to the Company.
In the event of any conflict with any other rules, policies or operating procedures that do not expressly provide derogation, these Terms and Conditions shall prevail.
Access to certain services may also be subject to the User's full and complete acceptance of the specific terms of use (the "Specific Terms of Use"), which will be proposed to the User in these Terms and Conditions or on the specific service screens concerned for acceptance, before the supply of the specific service.
2. Presentation of Game
The Game supplied by the Company is a Virtual Reality Game where the User plays basketball like playing the hoop in a virtual stadium. Balls are flying at the User’s head and his goal is to catch them all. His score depends on to balls he catches, if he builds combos and of the special balls he gets.
You shall play the Game sitted with someone watching over you so you don't hurt yourself or anyone, and don't break anything.
There are 4 play modes:
- Arcade: the User has to score as many points as he can in 45 seconds - with boosts and combos. There is a dedicated international leader board available through the Game or partially and sometimes on the website www.baskhead.com
- Ultimate: no miss allowed. There is a dedicated international leader board available through the Game or partially and sometimes on the website www.baskhead.com
- Survival: the User plays against the clock - every ball saves precious seconds. Watch out for impacts! There is a dedicated international leader board available through the Game or partially and sometimes on the website www.baskhead.com
- Multiplayer: the User competes with up to 9 persons of his choice (collectively, the "Players") on the same VR headset. There is a dedicated local leader board available through the Game. Each Player is recognized by a number and a color.
The Game is constantly evolving. The User acknowledges and agrees that the nature and the form of the Game may change from time to time. The User will have to download the update to get the last versions.
In all cases, the Game is provided without any time limit. The User is informed that the Company is not bound by any maintenance obligation. The User agrees not to use the Game in an unreasonable or excessive manner and, in general, agrees that his use of the Game shall not affect its stability or security.
The User may stop using and/or definitively delete the Game at any time.
3. Access and use of the Game
The Game can only be downloaded from the appstores on Gear VR according to the Terms and Conditions set out below.
3.1. General conditions
The Game is downloadable for a fee by any individual who has first read and fully accepted the Terms and Conditions. The Game is reserved to a private use only. No public or commercial use of the Game can be done without a Company prior written consent. Requests shall be sent to baskhead@vrlines.com or made directly on the website www.baskhead.com.
Downloading of the Game by a User acting as a professional is expressly prohibited, except with the prior authorisation of the Company and according to the terms, notably financial, of use determined by the Company. Such authorisation shall be requested by email to be sent to baskhead@vr-lines.com, in response to which the Company may address the User an estimate in view of the intended use of the Game.
In any case, the Game shall only be downloadable if the User has acknowledged and fully accepted the present Terms and Conditions.
The Game may only be downloaded and used by natural persons aged over 18, or those having reached the age of majority in their country of residence, or by a minor or incapacitated person over the age of consent whose the legal guardian has accepted the present Terms and Conditions in their name and on their behalf, in accordance with any limit that may be stipulated before downloading the Game. By accepting the Terms and Conditions, the User or his legal guardian agrees to provide the Company, on its request, any proof of his age or of his status that may be required. It is expressly agreed that the User or each of the Players mentioned in article 2 should be at least 13 years old.
In order to download, access and use the Game, the User must have the softwares and equipments needed for its functioning, namely a computer that is compatible with the Game and enables a connection to the Internet (the "Terminal"), a Gear VR headset and compatible phone (the “Playback Support”),. The Terminal's connection to the Internet during the use of the Game is not essential. The Company has no obligation to ensure that the Game is accessible on all terminals such as computers, smartphones, tablets or other devices. The compatible devices with the Game will be listed on the website www.baskhead.com. All costs, expenses, subscription fees and taxes relating to the Internet connection are the sole responsibility of the User.
3.2. Provision of compulsory information
No compulsory information are necessary to play the game. The User will get an automatic nickname that may not be changed.
3.3. Downloading of the Game
The storage of the Game on the User’s Terminal is the sole responsibility of the User, who operates without any assistance, and in particular without any installer, i.e. a program used to install software on a given storage unit. Notably, the User decides the location in which the Game is stored on the Terminal.
The Company is not liable for any loss and/or damage arised during and/or after the downloading and/or the storage of the Game on the Terminal as a result of that operation.
3.4. Use of the Game
The User can choose which modes of the Game he wants to play among the four play modes described in Article 2, and can change from one play mode to another during his use of the Game.
3.5. Submissions
If a User submits suggestions, proposals, comments or other elements to the Company (the "Submissions") in connection with the use of the Game, the Company is under no obligation to treat the Submissions as confidential, nor shall it have any obligation to respond to it. The Company may use the Submissions for any useful purpose, without compensation and without prejudice to the application of any other relevant provisions of the present Terms and Conditions.
3.6. Liability/Security
The downloading, access and/or use of the Game on the Terminal and/or the Playback Support is under the sole responsibility of the User. Notably, the Company shall not be liable for any loss, theft and/or unauthorised use of the User's Terminal, the Playback Support and the Game.
The loaning, sharing, exchange, donation, purchase, transfer and/or sale of the Game are prohibited and shall not be binding on the Company, which may also apply the provisions stipulated in article 10.3 of the Terms and Conditions.
3.7. Cessation of use and/or deletion of the Game
The User may stop using and/or definitively delete the Game at any time.
Deletion of the Game from the Terminal shall take place under the User's exclusive responsibility, without any assistance, and in particular without any uninstaller, i.e. a program intended to uninstall a software from a storage unit.
The Company is not liable for any loss and/or damage arised during and/or after the deletion of the Game from the Terminal as a result of that operation.
The User is informed that after the Game is deleted, the Terminal will no longer send data about his use of the Game.
4. HEALTH AND SAFETY INFORMATION
IMPORTANT SAFETY INFORMATION – THE USER SHOULD READ THE FOLLOWING WARNINGS BEFORE LOADING THE GAME. IF THE GAME IS PLAYED BY SOMEONE WHO CAN NOT READ ENGLISH, THIS INFORMATION SHOULD BE READ AND EXPLAINED BY SOMEONE ELSE. THE USER SHOULD ALSO READ THIS INFORMATION TO EVERY PLAYER MENTIONED IN ARTICLE 2. FAILING TO DO SO MAY CAUSE INJURY.
PLAYING THE GAME CONDUCT THE USER AND/OR EACH PLAYER TO LIVE AN IMMERSIVE VIDEO EXPERIENCE, WHICH CAN HAVE ADVERSE EFFECTS ON THE USER AND/OR THE PLAYER(S), INCLUDING SIMULATION SICKNESS, PERCEPTUAL AFTER EFFECTS, DISORIENTATION, EYE STRAIN AND DECREASED POSTURAL STABILITY, OR INCREASE THE RISK OF OTHER CORPORAL DAMAGES. SOME INDIVIDUALS MAY ALSO EXPERIENCE SEVERE DIZZINESS, EPILEPTIC SEIZURES, OR BLACKOUTS WHEN EXPOSED TO CERTAIN FLASHING LIGHTS OR PATTERNS.
IT IS REMINDED THAT THE USER AND/OR EACH PLAYER SHOULD BE AT LEAST 13 YEARS OLD. PARENTS SHOULD SUPERVISE CHILDREN WHEN PLAYING THE GAME. BEFORE ALLOWING ANY CHILD TO USE THE GAME, A PARENT OR OTHER RESPONSIBLE ADULT SHOULD DETERMINE WETHER THE GAME IS APPROPRIATE FOR THE CHILD.
IT IS REMINDED THAT THE GAME SHALL BE PLAYED SITTED AND NOT ALLOWED IN THE ROOM.
THE USER AND/OR EACH PLAYER SHOULD IMMEDIATELY STOP PLAYING AND CONSULT A DOCTOR IF HE HAS ANY OF THE FOLLOWING SYMPTOMS: CONVULSION, EYE OR MUSCLE TWITCHING, LOSS OF AWARENESS, ALTERED VISION, DISORIENTATION OR ANY TYPE OF DISCOMFORT OR PAIN IN THE HEAD OR EYES.
GENERALLY, THE USER AND/OR EACH PLAYER SHOULD REASONABLY USE THE GAME, IN PARTICULAR IN TERMS OF DURATION AND FREQUENCY OF PLAY, AND NOT USE IT UNDER CONDITIONS THAT MIGHT FACILITATE THE RISKS ABOVE MENTIONED.
4.1. WARNING – SEIZURES
SOME PEOPLE (ABOUT 1 IN 4000) MAY HAVE SEIZURES OR BLACKOUTS TRIGGERED BY LIGHT FLASHES OR PATTERNS, AND THIS MAY OCCUR WHILE THEY ARE PLAYING VIDEO GAMES SUCH AS THE GAME, EVEN IF THEY NEVER HAD A SEIZURE BEFORE.
ANYONE WHO HAS HAD A SEIZURE, LOSS OF AWARENESS OR OTHER SYMPTOM LINKED TO AN EPILEPTIC CONDITION SHOULD CONSULT A DOCTOR BEFORE PLAYING THE GAME.
TO REDUCE THE PROBABILITY OF A SEIZURE WHEN PLAYING THE GAME:
- THE USER AND/OR THE PLAYER(S) SHOULD NOT PLAY IF TIRED OR NEEDED SLEEP;
- THE USER AND/OR THE PLAYER(S) SHOULD REDUCE THE BRIGHTNESS OF THE SCREEN ON WHICH THE GAME APPEARS;
- THE USER AND/OR THE PLAYER(S) SHOULD TAKE AT LEAST 10 TO 15 MINUTE BREAK EVERY HOUR.
4.2. WARNING – PREGNANCY AND MEDICAL CONDITIONS
THE USER AND/OR EACH PLAYER SHOULD CONSULT THEIR DOCTOR BEFORE PLAYING THE GAME THAT MAY REQUIRE PHYSICAL ACTIVITY IF THEY ARE PREGNANT, SUFFER FROM HEART, RESPIRATORY, BACK, JOINT OR ORTHOPAEDIC PROBLEMS, HAVE HIGH BLOOD PRESSURE, OR IF THEIR DOCTOR HAS INSTRUCTED THEM TO RESTRICT THEIR PHISCAL ACTIVITY OR IF THEY HAVE ANY OTHER MEDICAL CONDITION THAT MAY AGGRAVATED BY PHYSICAL ACTIVITY.
4.3. WARNING – CORPORAL DAMAGES
CONSIDERING THE USER AND/OR THE PLAYER(S) TO BE UNABLE TO SEE ANYTHING EXCEPT THE GAME APPEARING ON THE SCREEN DURING THE USE OF THE GAME, CORPORAL DAMAGES TO THE USER AND/OR THE PLAYER(S) AND/OR THIRD PARTY CAN OCCURE DURING THE USE OF THE GAME. THE USER AND/OR THE PLAYER(S) SHOULD ENSURE THE SAFETY OF THEIR ENVIRONMENT BEFORE LOADING THE GAME.
TO REDUCE THE PROBABILITY OF A CORPORAL DAMAGE WHEN PLAYING THE GAME:
- THE GAME SHOULD BE USED IN A CLOSED AND ADEQUATE AREA;
- THE GAME SHOULD NOT BE USED UNDER CONDITIONS FACILITATING THE RISK OF FALLING SUCH AS IN PROXIMITY OF STAIRS OR A BALCONY;
- THE USER AND/OR THE PLAYER(S) SHOULD NOT PLAY UNDER THE INFLUENCE OF DRUGS OR ALCOHOL;
- THE USER AND/OR THE PLAYER(S) SHOULD ENSURE THAT THE AREA THAT THEY MIGHT MOVE INTO ARE KEPT CLEAR, AND THAT FURNITURE, OBJECTS AND OTHER PEOPLE WHO ARE OUT OF THE PLAY AREA SO THAT THEY DO NOT ACCIDENTALLY BUMP INTO THEM WHILE USING THE GAME;
- IT IS RECOMMANDED THAT THE USER AND/OR THE PLAYER(S) PLAY SITTED IN PRESENCE OF AT LEAST ONE OTHER PERSON.
4.4. WARNING – MOTION SICKNESS
PLAYING THE GAME CAN CAUSE MOTION SICKNESS IN SOME PLAYERS. THE USER AND/OR THE PLAYER(S) SHOULD STOP PLAYING IMMEDIATELY IF THEY EXPERIENCE DIZZINESS, NAUSEA, FATIGUE, MOTION SICKNESS OR SIMILAR SYMPTOMS, OR IF THEY EXPERIENCE DISCOMFORT IN THEIR EYES, HEAD, OR OTHERWISE FEEL UNWELL AT ANY TIME DURING GAME PLAY. THE USER AND/OR THE PLAYER(S) SHOULD NOT DRIVE OR ENGAGE IN OTHER PHYSICAL ACTIVITY UNTIL THEY FEEL BETTER.
5. Intellectual property of the Company
The User undertakes to comply with the Company's present or future rights of intellectual property and/or those of third parties and/or those of its partners, and notably the rights of intellectual property held over all the protected functional elements of the Game, including but not limited to the trademarks, logos, icons, softwares and databases. Any use, reproduction or representation, whole or in part, of the protected elements, which does not have the prior written authorisation of the Company, of its partners or third parties, is prohibited and shall constitute a civil and criminal counterfeiting offence. The Company may apply the provisions of article 10.3 of the Terms and Conditions.
Subject to acceptance and compliance by the User with the Terms and Conditions, the Company shall grant the User, for a period of 5 years starting from the date of the download of the Game, free of charge if the User is an individual, and, if so, for payment if the User is a professional user.
The licence shall be non-exclusive, personal, non-transferable, non-assignable, without a right of sublicence and is intended for the use of the Game under the conditions set out in the Terms and Conditions.
All other rights are reserved to the Company.
The User shall not use the Game outside the scope determined by this licence.
Without prejudice to the rights granted under this article and subject to the applicable provisions of laws and regulations, the User hereunder is in particular not authorised to:
- copy, print, transfer, transmit or represent all or part of the Game;
- sell, rent, sub-licence or distribute the Game in any way whatsoever;
- alter, modify, adapt or change the nature of the Game and/or merge all or part of the Game into other softwares;
- carry out any compilation, de-compilation, disassembly, retro engineering or translation of the Game and/or attempt to do so;
- if so, bypass the technical or protective measures on the Game.
Notwithstanding the foregoing, the Company informs the User that some rights granted under this article have been previously licenced or transferred to the Company. The main authors of the Game are:
- Damien Doury, the developer of the Game;
- Thomas Chevenne, the author of the majority of the 3D design of the Game;
- Valentin Lafort / Unique Sound, the author of the music of the Game.
As mentioned previously, the User shall exercise these sublicensed rights exclusively within the use of the Game.
It is hereby expressly agreed that the User is prohibited from correcting any irregularity whatsoever on the Game.
The User must not remove, modify or hide any reference made by the Company to its rights of intellectual property over the Game.
The digital file allowing the use of the Game is only available to the User for a limited period corresponding to the term of the licence above mentioned. The User is not the owner of this digital file and shall not as a result assign it or dispose of it in any way.
The User and the Company hereby expressly agree that this article shall remain in force in the event of full or partial termination of the Terms and Conditions for whatever reason.
6. Collection of information through the use of Internet trackers and means of objecting to their use
The Company uses trackers, commonly known as "cookies", to collect data relating to the use of the Game, namely the nickname, the scores and the time playing of the User. These trackers enable the Company to have access, by electronic transmission, to these data which are already hosted in the User's Terminal and/or to record information on this Terminal for this purpose.
The User is informed that the trackers above mentioned are using in order to:
- establish the leader boards available through the Game or on the website www.baskhead.com;
- collect and process statistical data on the use of the Game
- improve the Game.
The use of trackers above mentioned is submitted to the express consent of the User.
If, after having given his consent, the User wishes to withdraw his consent, he must use the configurations of the Game to delete or refuse the trackers.
7. Warranty
The user is informed and hereby agrees that the Game is provided by the Company "as is", and "as available".
The Company shall use its best efforts to ensure the proper functioning of the Game, in accordance with the limits of responsibility of the Terms and Conditions.
The Company provides no guarantee as to the Game being free from defects or for its functioning being uninterrupted. Therefore, the user is reminded that he must take all appropriate measures to minimise any damage that may result from any possible interruption of the Game's functioning.
8. Liability
8.1. Company's liability
The Company is merely the supplier of the Game and has notably no knowledge of the conditions under which the User plays to the Game.
The Company can only be held liable in the case of proven fault and for damage resulting from events that were directly attributable to it in connection with the Game.
Notwithstanding the foregoing, the Company shall not under any circumstances be held liable for any downloading, access and use of the Game that does not conform to these Terms and Conditions. The Company shall not, under any circumstances, be held liable for the User's conduct, notably in using the Game, and/or acting in an inappropriate or illegal manner in connection with the Game. Similarly, the Company shall not be held liable for any loss of profits, loss of customers, disruption to the User’s activities, harm to image or any other moral or physical damage suffered by the User or any third party occurring during the use of the Game and any action taken against the User by a third party shall not give any rights to reparation, even if the Company was informed of the possibility of such damage.
The User warrants the Company against any action arised from any third party relating to such use of the Game, or such damage or loss occurring during the use of the Game.
IT IS AN ESSENTIAL AND DECISIVE CONDITION OF THE GENERAL TERMS AND CONDITIONS THAT IF THE COMPANY WAS HELD LIABLE, THE TOTAL DAMAGES THAT IT MAY BE REQUIRED TO PAY TO THE USER IN ANY CIRCUMSTANCE, IS LIMITED TO 100 (ONE HUNDRED) EUROS.
The User and the Company hereby expressly agree that this article shall remain in force in the event of full or partial termination of the Terms and Conditions for whatever reason.
8.2. User's liability
The User is solely liable for compliance with the Terms and Conditions.
The User hereby expressly acknowledges and accepts that if the Company verifies that the User is no longer complying with his obligations under the present Terms and Conditions, it may apply the provisions as stipulated in article 10.3 of the Terms and Conditions.
9. Force majeure
The Company may not under any circumstances be held liable and may not be requested to pay any indemnity in respect of any delay or indemnify any harmful consequences resulting from an event of force majeure.
Other than the events commonly considered to be force majeure by the courts in France, the following shall be expressly events of force majeure: industrial action either internally or by key suppliers, interruptions to the supply of electricity, faults on the communication and hosting networks on which the Game and/or substitute networks depend.
The execution of the Game shall be suspended in the event of a case of force majeure.
10. Duration/Suspension/Termination
10.1. The Terms and Conditions shall take effect from the date of acceptance by the User, under the conditions stipulated in Article 1. They shall remain in force between the User and the Company for two years after the User's cessation of use of the Game.
10.2. The User is free to terminate the Terms and Conditions at any time, by stopping use of the Game.
If the User stops using the Game, he is informed that the Terms and Conditions shall be legally terminated two years after cessation of use.
The User is hereby informed that the licence granted by the Company herein shall be legally terminated two years after cessation of use.
The Company may terminate the Game at any time, by giving a notice to the User, by any means and within a reasonable time.
10.3. If the User fails to comply with any of his obligations under the Terms and Conditions, the Company may take any action with a view to remedying and if necessary penalising the default.
If the User is in serious breach of any of its obligations under the Terms and Conditions, the Company may address by any means whatsoever a warning requesting the temporary suspension or definitive interruption of use of the Game, without legal formalities, without compensation and without prejudice to any damage that may be claimed by the Company. The warning shall be sent to the email mentioned in article 3.1 of these Terms and Conditions for professional users acting as such. The User shall be informed of the reason for any of the above measures and the duration of the suspension period if applicable. In such a case, the User must provide confirmation of the deletion of the Game, of any complete or partial copies of the Game, and of any other file or folder provided by
the company, within a period of 30 working days after receipt of the warning. The above penalties may be ordered without prejudice to any civil or criminal actions to which the User may be subjected by the public authorities, by a third party or by the company.
10.4. If these Terms and Conditions are terminated for any reason whatsoever, the Game, any complete or partial copies of the Game and any other file or folder relating to the same, provided by the Company, must be deleted from the User's Terminal by the User. However, it is agreed that the provisions of the Terms and Conditions will be the same as those governing the use of the Game up until the termination took effect.
11. General provisions
11.1. If one or more provisions of the Terms and Conditions are deemed to be invalid or are declared as such by law, or by a regulation or following a final decision of a competent court, the other provisions shall remain in force, provided that the essence of the contract is not altered.
The parties agree to replace the clause deemed to be null and invalid by a new clause that conforms to the intention of the parties.
11.2. Should the Company fail to demand or require the execution by the User of any of the provisions of these Terms and Conditions, this shall not be deemed a waiver by the Company of its right to demand or require the execution of these provisions.
Unless expressly specified herein, any declarations, agreements, waivers or other acts or omissions by the Company shall not under any circumstances be interpreted as an intention to amend the Terms and Conditions, and shall only be binding if made in writing and signed by the User and by the Company's legal representative.
11.3. The Company may, at any time, freely assign all or part of its rights and obligations under these Terms and Conditions (in particular through a sale of business assets, contribution of assets or merger).
The User may not assign his rights and obligations under the Terms and Conditions.
11.4. THE USER IS INFORMED THAT THE COMPANY IS INTENTED TO BE SUBSTITUTED BY THE A DE FACTO COMPANY WHICH WILL BE CREATED WITHIN 6 MONTHS FROM THE FIRST DAY OF THE EXPLOITATION OF THE GAME UNDER THE CORPORATE NAME “VRLINES” (“VRLINES”).
The User accepts that any right and obligation of the Company from the present Terms and Conditions will be transmitted to VRLINES, which will automatically substitute the Company without any formality from the moment of its creation.
11.5. The User may contact the Company at the following addresses, for any questions, information or notifications:
- email: baskhead@vr-lines.com ;
- post: KABO 16 rue André Campra La Plaine St Denis FRANCE.
12. Jurisdiction and applicable law
12.1. ANY DIFFICULTY RELATING TO THE VALIDITY, INTERPRETATION OR EXECUTION OF THE TERMS AND CONDITIONS THAT IS NOT SETTLED AMICABLY BY THE COMPANY AND ANY USER ACTING AS A LEGAL PERSON SHALL BE REFERRED TO THE COMPETENT COURT OF PARIS (FRANCE).
12.2. These Terms and Conditions are subject to French law.
General Terms and Conditions
21/01/2016
V.1.0