Article 1. Scope of application
The General Terms and Conditions of Use described hereinafter (the “Terms”) govern the contractual relationship between (i) VYDE ENTERTAINMENT, a single member limited company with a share capital of 20.000 euros, whose head office is situated in 22, rue Chesneau, 78470 Saint Remy-lès-Chevreuse, and which is the publisher of the game DUEL OF SIGNS (the “Game”), and (ii) the players of the Game DUEL OF SIGNS (the “Players”).
This Game may be accessed through an application (the “Application”) which can be downloaded on the legal download platforms of Apple, Google and Amazon.
VYDE ENTERTAINMENT is not affiliated with any legal download platforms such as Apple Store, Android Store or Amazon OS, and has no control over the terms and conditions of these platforms. VYDE ENTERTAINMENT may not be held responsible or liable for the acts or ommissions of any of these platforms.
Each Player shall be a person over 18 years old with a full legal capacity to accept the present Terms.
Any acceptation of these Terms (as well as the purchase of any content within the Game) by a person who does not have a full legal capacity will be considered as having been made with the consent of his/her parent(s) or legal guardian.
These Terms apply without restriction nor reservation to the download of the Application, to the use of the Game and to the purchase of any content within the Game.
The download of the Application and the use of the Game as well as the purchase of any content within the Game necessarily implies Player’s acceptance without reservation of all the Terms. Each Player shall confirm his/her acceptance without reservation of all the Terms before downloading the Application and before purchasing a content within the Game, by clicking on the box “I agree”.
The Player acknowledges that his/her acceptation of the Terms has been made after a careful and thorough reading of the Terms. By clicking on the box “I accept”, the Player acknowledges that he/she has fully understood all the provisions of the Terms, which he/she accepts without reservation.
VYDE ENTERTAINMENT reserves the right to modify at any time the Terms. Each Player will be informed in case of such a modification. The Players are solely responsible for reading the changes. Your continued use of the Application and of the Game following the posting of changes will mean that the changes have been agreed without reservation. In case of disagreement on the changes, please terminate your account.
To obtain any information not mentioned in these Terms, please contact us by sending an email at the following address: firstname.lastname@example.org.
Article 2. The game
a. Game registration
After having downloaded the Application by using a legal download platforms, and before any use of the Game, each Player will have the choice between these two options when using the Application for the first time :
- access to the Game by using his/her Facebook account (via Facebook connect). If the Player opts for this option, his/her email address and his/her Facebook Friends List are provided by Facebook to VYDE ENTERTAINMENT ;
- access to the Game not by using Facebook connect but by indicating a pseudonym instead. In such a case, no personal data is transferred to VYDE ENTERTAINEMENT.
Each Player is exclusively responsible for the confidentiality of his/her login details and shall ensure that these login details cannot be accessed by any third person. In particular, each Player warrants that he/she is the author of any communication and/or any use and/or any declaration made through his/her account.
Each Player shall mandatorily choose a pseudonym when creating his/her account. This pseudonym will be visible to all Players. Consequently, VYDE ENTERTAINMENT draws the attention of its Players on the need to use a “fancy name” as a pseudonym, and refrain from including in their pseudonym (i) any personal data, (ii) their real name(s), (iii) any data that is prejudicial or may infringe the rights upon the rights of others, and notably any slanderous and/or injurious content.
b. Connexion to the Game
Each Player with an Account will have to log in before any use of the Application, either via Facebook Connect when the Player chose to access to the Game by using his/her Facebook account, or via his/her Plateform, if a purchase of any content has been made via the Platform of his/her mobile device.
All equipment (mobile device/materials/softwares) needed to access to the Game and all other charges, including telecommunication costs, shall be exclusively payable by the Player. The Player is solely responsible for the equipment used to access to the Game.
c. Playing rules
DUEL OF SIGNS® is a card-game based on the rules of the Kem’s, played between two teams of two Players.
The playing rules are available on the Application at the following address: click here.
d. Game modes
Duel of Signs provides two game modes:
- a single-player mode: this mode is accessible regardless of whether the Player is connected to the internet. The single-player mode allows each Player to play alone, against virtual characters controlled by an artificial intelligence;
- a multiplayer mode: this mode is only accessible to Players connected to the internet. The multiplayer mode allows each Player to play against another Players connected to the Application;
e. Paid-Access content
The dowload and the use of the Application are proposed free of charge by VYDE ENTERTAINMENT. Nonetheless, some contents can only be accessed by Players by paying a fee (Paid-Access Contents), such as:
- some characters which may be selected by Players as avatars;
- some options enabling Players to progress quickly in the Game (by using “Boosts XP”) or more easily (by using “Powers”).
The full description of the Paid-Access Contents is available in the Playing rules available on the Application at the following address: click here. The Paid-Access contents are neither transferable nor refundable. No period of withdrawal shall be applicable, by virtue of the nature of the goods.
All online transactions are secure, according to agreed paying terms provided and regularly imposed by Apple, Google and Amazon. Apple, Google and Amazon shall be exclusively responsible of these terms and of these transactions. VYDE ENTERTAINMENT has no control over the transactions performed by these platforms, according to the terms imposed by Apple, Google and Amazon. Any request for reimbursement and/or any request regarding these transactions must only be addressed to Apple, Google or Amazon, depending on the mobile device from which the transaction has been made. All banking data are collected and processed by Apple, Google or Amazon and beyond the control of VYDE ENTERTAINMENT.
Each Player can only access to his/her Paid-Access Contents by logging on to his/her Plateform (Apple Store, Android Store or Amazon OS) from which the Paid-Access Contents have been bought. VYDE ENTERTAINMENT shall not be responsible and will not proceed to any refund in the event of data loss by a Player.
Article 3. Communication with a player
3.1. Push notification
Each Player can choose to receive Push notification on his/her mobile device. These Push notifications can be at any time switched off by setting your mobile device to this end.
When subscribing to the Application, each Player can choose to receive a newsletter from VYDE ENTERTAINMENT, in order to be informed of recent events regarding the Application or VYDE ENTERTAINMENT. The Player can at any time choose to unsubscribe by clicking on the “Unsubscribe” link reproduced in each Newsletter and/or, in accordance with his/her right to contest, by sending an email to the address mentioned under article 5.
3.3 Commercials/Promotional messages
VYDE ENTERTAINMENT may place advertisments on its Application and on the Game, that originate from outside advertisers and other partners. The Player explicitly grants his/her consent to receive such advertisments.
Article 4. Rules of conduct
Each Players represents and warrants that it will comply with all applicable Terms and Conditions, as well as all applicable governmental laws, rules and regulations.
Each Player commits to :
- not post any threatening, hateful, abusive, defamatory, racist, offensive, obscene, indecent, pornographic content ;
- not post any Content which violates the rights of third parties (such as author rights or any other property right);
- not post political contents;
- not transmit or attempt to transmit viruses, Trojan horses, or any other harmful or destructive program, spywares…
- not post any unsolicited and/or unauthorized advertisements, as well as any content aimed to promote a third-party product/service;
- use the Application for fraudulent/illegal/malicious purposes.
The violation of this article could lead to the immediate and definitive termination of the Player’s account, according to article 7.
Article 5. Privacy
When a Player registers in the App in order to access to the Game by using Facebook (Facebook Connect), the following data are provided by Facebook to VYDE ENTERTAINMENT: the name, the email address and the Facebook Friends List of the Player. No other personal data is transferred to VYDE ENTERTAINMENT by Facebook.
Alternatively, each Player can choose to access to the Game not by using Facebook Connect but by indicating a pseudonym instead. In such a case, no personal data is transfered to VYDE ENTERTAINMENT.
When a virtual content is bought on the App, the Platform through which the payment is made may provide VYDE ENTERTAINENT with the name and the email address of the Player.
Each Player undertakes to only transfer to VYDE ENTERTAINMENT his/her own personal data, but shall in any case not transfer any sensitive data and/or any information related to a third person.
VYDE ENTERTAINMENT undertakes to use these confidential data only in the context of the functioning of the App and the Game, as well as for promoting other games published by VYDE ENTERTAINMENT.
Data related to Players could be disclosed to the technical service provides that are involved in the provision of this service.
Furthermore, VYDE ENTERTAINMENT could decide to use technical means in order to collect non personal information related to Players and dedicated to improve the functionalities of the App, for example to measure the flow of visitors of certain pages.
VYDE ENTERTAINMENT does not collect nor process any banking data. Apple Store, Android Store, or Amazon OS does not transfer any information related to the transactions made on their Platform. These data are collected and processed by these Platforms, and VYDE ENTERTAINMENT has no control over the transactions performed by these platforms.
Pursuant to the Law dated 6 January 1978 as amended by the Law dated 6 August 2004, each Player has a right of access / a right to correct / a right to contest / a right to cancel for data pertaining to him/her. Every request shall be sent (i) by email at the following email address:email@example.com or (ii) by postal mail at the following address: 102 Route de limours, 78470 Saint Rémy-lès-Chevreuse / Bâtiment F5.
This application has been declared to the Cnil on the following number: 2057589 v 0
Article 6. Intellectual property
6.1. Ownership of the Trademark « DUEL OF SIGNS® »
VYDE ENTERTAINMENT is the owner of the french verbal Trademark DUEL OF SIGNS®, registered at the INPI under n°4292953.
VYDE ENTERTAINMENT is, and shall at all times remain the sole owner of its Trademark. Any reproduction and/or representation and/or use and/or alteration and/or deletion complete or partial of its Trademark and of the rights relative to its Trademark, in any form whatsoever, by any means whatsoever and on any medium whatsoever, is strictly forbidden without express written permission of VYDE ENTERTAINMENT and is liable to prosecution.
6.2 Ownership of the Contents
VYDE ENTERTAINMENT is and shall at all times remain the sole owner of all Property Rights including Intellectual Property Rights attached to the softwares and contents available on the Game from the Application. All original works contained in the Game are and shall at all time remain the exclusive property of VYDE ENTERTAINMENT.
Any representation and/or reproduction and/or representation complete or partial of the contents available on the Game such as the softwares, the animations, the texts, the videos, the graphics and more generally the overall structure, by any means whatsoever, in any form whatsoever and on any medium whatsoever, is strictly forbidden without express written permission of VYDE ENTERTAINMENT and is liable to prosecution..
6.3 Authorization granted to Players
VYDE ENTERTAINMENT grants to each Player a personal, non-commercial, limited, revocable, non-transferable, non-sublicensable, non-transferable and non exlusive license to use the Game and the Application, subject to full respect of these Terms.
Consequently, any Player and any third party is not allowed to:
- use the Game and/or one of its content for commercial purposes without express written permission of VYDE ENTERTAINMENT;
- reproduce, copy, transfer or use all or part of the contents of the Game without express written permission of VYDE ENTERTAINMENT;
Each Player must thus respect all Intellectual property rights owned by VYDE ENTERTAINMENT and shall not use the contents contained in the Game in any way whatsoever, or file a trademark and/or a design and/or a patent which would be prejudicial to the rights owned by VYDE ENTERTAINMENT.
Article 7. Suspension or termination
7.1 Termination by VYDE ENTERTAINMENT
VYDE ENTERTAINMENT may, at any time and withour prior notice, terminate the account of a Player:
- who does not fully respect these Terms or any other applicable conditions;
- if VYDE ENTERTAINMENT suspects in its sole discretion a fraudulent, abusive or illegal activity on your account.
VYDE ENTERTAINMENT is also entitled to interrupt at any time the Application / the Game. The termination of a Player’s account and/or the interruption of the functioning of the Application / the Game may lead to the deletion of all Players’ data, including the Paid-Access Contents, without the right for Players to claim any refund.
VYDE ENTERTAINMENT reserves the right to temporarily suspend a Player’s account, for a period freely defined by VYDE ENTERTAINMENT, and/or partially delete a Player’s account, such as some of the contents which may have been posted by the Player.
The right to terminate or to permanently/temporarily suspend a Player’s account or to partially delete a Player’s account can be freely exercised by VYDE ENTERTAINMENT without justification, and without prejudice for all legal proceedings.
VYDE ENTERTAINMENT’s liability cannot be engaged in case of suspension or termination of the functioning of the Application.
7.2 Termination by the Player
Each Player can at any time decide to delete his/her account or the Application on his/her mobile device. The deletion of his/her account or the Application can lead to the deletion of all Paid-Access Contents which haven’t been used yet, without the right for Players to claim any refund.
Article 8. Guarantees
VYDE ENTERTAINMENT makes no representations or warranties regarding the Application and/or the Game. Each Player accepts and acknowledges that he/she assumes all responsibility and risk for the use of the Application and the Game, and that VYDE ENTERTAINMENT’s liability cannot be engaged because of this use.
Article 9. General provisions
If, for any reason whatsoever, a provision of these General Terms is invalid, the invalidity of that provision will not in any way affect the validity of the remaining General Terms, which will remain in force.
No waiver of any provision of these General Terms will be deemed a further or continuing waiver of such provision or any other provision.
These General Terms have been drafted in French and translated into other languages only in order to facilitate their understanding by non French-speaking Players. In case of any discrepancies between the French version and any translated version, the French version shall prevail.
Article 10. Governing law and disputes
The General Terms are subject to French Law. Any litigation or claim concerning the interpretation and the execution of the General Terms will be subject to negotiations in order to reach an amicable settlement.
If an amicable settlement is not reached, any dispute shall be refered to the courts within the jurisdiction of the Paris Court of Appeal, notwithstanding the multiplicity of defendants or the introduction of third-parties.