| Language: |
Asmodee Digital Terms of service and
end user license agreement (“EULA”)
of applications
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/a/asmodee-net/.
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,<=""
li="" style="box-sizing: border-box;">
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/a/asmodee-net/.
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/a/asmodee-net/
1. It is important to note the date of your notification as well as the date on which the
unlawful content was encountered;
2. Indicate your surname, first name, profession, nationality, date and place of birth,
address, telephone number, and email address;
3. 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;
4. Indicate the reasons why you believe that this Content does not comply with these Terms
and should be removed from the Services;
5. 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;
6. 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
1. 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.
2. 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 nonsublicensable
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.
3. 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 crossmarketing
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/a/asmodee-net/.
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/a/asmodee-net/.
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/a/asmodee-net/
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.
end user license agreement (“EULA”)
of applications
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/a/asmodee-net/.
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,<=""
li="" style="box-sizing: border-box;">
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/a/asmodee-net/.
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/a/asmodee-net/
1. It is important to note the date of your notification as well as the date on which the
unlawful content was encountered;
2. Indicate your surname, first name, profession, nationality, date and place of birth,
address, telephone number, and email address;
3. 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;
4. Indicate the reasons why you believe that this Content does not comply with these Terms
and should be removed from the Services;
5. 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;
6. 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
1. 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.
2. 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 nonsublicensable
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.
3. 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 crossmarketing
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/a/asmodee-net/.
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/a/asmodee-net/.
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/a/asmodee-net/
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.