Last revised: March 1, 2014
Table of contents:
WELCOME TO OWLIENT SERVICES.
As a user (“User”), your use of any or all of the Services and Content (as defined below) automatically implies your full acceptance of the Terms and any other notices, and/or any other conditions (particularly “rules of game”) as appropriate, you may encounter during navigation on the Services and in the games, and your commitment to comply with them fully.
The “Content” refers in particular to all textual, graphic, musical or sound elements, all messages or items of information, all titles, fictional characters, names, themes, objects, scenery, costumes, effects, texts, dialogues, slogans, places, characters, diagrams, concepts, designs, graphics, animations, sounds, musical compositions, choreographies, videos, audiovisual effects and any other elements which appear on one or other of the Services, together with all related intellectual property rights, trademarks, domain names, acronyms, logos and drawings (collectively, the “Content”). When contractual circumstances permit or demand, the Content is deemed to include User-Generated Content (UGC) and/or Additional Content (as defined in article 6 below) and/or Test Content (as defined in article 14 below), with the result that all the terms applicable to the Content also apply to the UGC and/or Additional Content and/or Test Content. As long as you use the website, you must imperatively respect OWLIENT’s and its licensees’ intellectual property.
Unauthorized use of Content may violate the laws on copyright, trademarks and more generally intellectual property, privacy, publicity, communications and other regulations, any use of this nature can also lead to your personal liability, including your criminal liability.
OWLIENT EXPRESSLY DISCLAIMS ANY LIABILITY FOR YOUR UNAUTHORIZED USE OF ITS SERVICES OR ITS CONTENT.
OWLIENT’S Privacy Charter is an integral part of these Terms and is integrated in them by reference. You confirm that you have consulted and accepted the terms of OWLIENT Privacy Charter available on the Service’s website.
OWLIENT reserves the right to change, modify, add or delete clauses in these Terms at any time, in accordance with the procedures described below in article 17.
Access to and use of certain additional functions and/or benefits of the Services are subject to the creation of an account with OWLIENT (the “Account”). If you do not have an Account opened with OWLIENT, you can create one on the Services website.
To create an Account, you must have an e-mail address and supply truthful and accurate information. You must be authorised to use the Services for which you register, and in particular meet the age criteria. Certain Services may require the creation of a « User name » or an « avatar ». User names and avatars are linked to your Account. You may not use a User name or an avatar which is already used by someone else, which does not meet the requirements of these Terms or the ethical rules which apply on the Internet, or which is insulting, vulgar, obscene, defamatory or in any other way in violation of the rights of others (in particular, without limitation, name rights and image rights). You agree, unless otherwise expressly agreed to by OWLIENT, to not create multiple accounts and/or you agree to close any additional Accounts at OWLIENT’S demand. OWLIENT advises you not to include your surname in your User name. You agree to your User name being publicly displayed in the course of the use of the Services.
Do not reveal the password of your Account to outside parties. OWLIENT will never ask you to reveal your password and will never take the initiative of contacting you to ask you for the memory joggers associated with your password. Any use of your Account with your password, and in particular any purchase of Services, is deemed to be carried out by you.
You agree to supply true, accurate, up-to-date and complete personal information and keep it up to date (including in the event of a transfer of data from a pre-existing Account), in accordance with OWLIENT’S requests in the registration process.
You shall not claim to be any other person or entity and shall not represent your identity or an affiliation with any other person or entity in an inaccurate way, including by using the User name, password or any other information relating to someone else’s Account or the name, likeness, voice, image or photograph of another person or by providing false information concerning a parent or legal guardian when the registration process asks you to give this information.
You acknowledge and accept that OWLIENT may take action to check the accuracy of the information you give, including by carrying out undefined checks of any landline or mobile telephone number and/or e-mail address you have given for a parent or legal guardian when applicable. In order to protect other Users and prevent risks of fraud, you agree to send the necessary authorisations and supporting documents to OWLIENT on request by e-mail, fax or post. The documents requested may include a copy of your national identity card or your passport.
You also agree to inform OWLIENT as quickly as possible, by contacting OWLIENT customer service at http://support.owlient.eu/ticket/list, of any unauthorised use of your User name, password or other information concerning your Account or of any other security violation concerning or involving the Services which comes to your attention.
The Services are intended for personal use only and you must in no case use them in any way for commercial purposes. You undertake not to sell, rent out or market the Content. You also undertake not to arrange, modify, decompile, disassemble, subject to reverse engineering, translate, adapt, reproduce, distribute, disseminate or transfer any information, any software, any product and in general any element of the Content or the Services. Re-posting or automated use or large-volume use of the Content or transfer of any Content to any other computer or mobile device are expressly prohibited.
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 ServiceS (including THROUGH the creation and use of any content generated by yourself) for unlawful or immoral purposes OR Contrary to the intended use of services and/or their purpose.
Depending on the Services, you are authorised by OWLIENT to download a copy of the Content in question on one or more computer(s) or mobile device(s) and to print the pages, when applicable, provided that you:
(a) keep intact all copyright and trademark indications and other property information,
(b) do not copy (expect for the creation of a single copy for your own backup requirements) or create derivative documents based wholly or partially on the Content, and
(c) do not use the Content in a manner which would suggest an association with one of OWLIENT’S products, services and/or brand names.
Use of the Services does not include supply by OWLIENT of a computer or any other hardware, equipment or service necessary for their use. To use the Services, you must have your own means of telecommunication and Internet access.
More particularly, 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 OWLIENT’S estimation, is aggressive, threatening, malicious, defamatory, untruthful, pornographic, paedophilic, obscene, vulgar, racist, xenophobic, liable to incite hatred, sexually explicit, violent, contrary to morality or 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, cracking or circulation of counterfeit software);
- conduct activities aimed at accessing elements or functions of the Services whose use has not been authorised by OWLIENT;
- arrange, modify, translate, adapt, reproduce, index, copy and/or extract any information, software, product or other element or part of the Content or the Services by any means without OWLIENT’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 organise, participate in or be involved in any way in an attack on OWLIENT’S servers and/or the Services and/or those of its service providers and partners;
- create, use and/or circulate “auto” or “macro” computer programs or other cheat 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 e-mails, spam or any unsolicited advertising or promotional items, for commercial purposes or otherwise;
- use incorrect information, use another User’s Account, assume another person’s identity or present false credentials in relations with any individual or legal entity within the framework of the Services or when using the Services;
- use any means not expressly permitted by OWLIENT 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 OWLIENT’S personnel and/or 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 OWLIENT representative, and/or falsely claim to be an employee or representative of OWLIENT or its partners and/or agents.
OWLIENT is not responsible for and does not support, approve or sanction the opinions, advice and/or recommendations displayed or sent by Users on the Services, notably in any public forum, and declines any responsibility in this regard.
OWLIENT reserves the right to refuse any User name, screen name and/or password you have chosen, particularly when the name or the screen name has already been registered by another user of the Services or when the name, screen name and/or password is liable to violate the clauses of these Terms. OWLIENT also reserves the right to remove from the Services any element (text, words, images, sounds, videos, etc.) which are contrary to the abovementioned rules of conduct.
OWLIENT furthermore reserves the right to define additional rules of conduct and to place limits on the use of the Services. OWLIENT may, for example, define:
(a) a maximum number of days for which messages or any other downloaded Content will be stored within the framework of the Services;
(b) a maximum number or volume of messages which can be sent or received by an Account opened on the Services;
(c) a maximum memory capacity which will be allocated by OWLIENT’S servers for your Account;
(d) a maximum number of times you may access the Services, together with a maximum duration for each access during a given period.
If you are a minor, you must familiarise yourself with these Terms and understand them with the help of your parents or guardians.
If you are a parent or guardian, OWLIENT recommends that you monitor your children’s online activities. To protect your children’s privacy, OWLIENT advises you to check that your children never disclose their personal data without your prior consent.
That is why OWLIENT restricts access to certain Services on age grounds and, for certain Services, Enhanced Services and functions, asks for your approval when a child under 13 years old (a “Minor”) wishes to register for the Services. When a Minor registers, (s)he must imperatively supply the e-mail address of a parent or legal guardian who will be contacted by OWLIENT to ask him/her to confirm, refuse or modify his/her underage child’s registration. OWLIENT reserves the right to limit the period during which the Minor may play pending confirmation and activation by his/her parent or legal guardian. OWLIENT guarantees that this trial period will not include any solicitation, advertising or other form of incentive to use the Services or otherwise of a good or service and, in any form whatsoever, or content that might be deemed illegal, immoral or unable to contain a minor public. OWLIENT reserves the right to ask for written proof of parental consent for any Minor. Parental consent applies exclusively to the Service for which it has been granted.
Certain Services are specially designed for children and enable children to create their own free accounts for which OWLIENT collects their User name, password, date of birth (or age), country and parent or guardian’s e-mail address. Such personal information is collected, used and disclosed as appropriate, solely for the purpose and for the reasons specified by OWLIENT at the time of collection thereof. The Minor’s parent or guardian must always indicate his consent to such collection. In all cases, the personal information is kept by OWLIENT for the duration necessary to achieve the purposes specified at the time of collection.
Such Services sometimes offer Minors and/or parents or guardians the possibility of paying for a subscription or certain game functions which enable the Minors to participate in more activities on the Services. The subscription services may also allow parents to manage their children’s account and create new player accounts.
Certain Services enable children to create personalised avatars which they can use in numerous activities in the Services, including mini-games and virtual worlds. Children may also use other functions of the Services such as “Recommend to a friend” to invite a friend to find out about the Services. OWLIENT, however, guarantee that none of these functions will be commercial or otherwise requiring the consent of an adult, or will have content that might be deemed illegal, immoral or unable to contain a minor public. The “Recommend to a friend” functions enable children to send their friends a single message inviting them to visit the site. OWLIENT will collect the first name and e-mail address of your child (or, failing that, the e-mail address of the parent or guardian) and the e-mail address of his/her friend for the sole purpose of sending a single message. This information is neither stored nor used for any other purpose and we do not reveal your child’s e-mail address to the recipient. The Minor’s parent or legal guardian must always indicate his consent such collection.
Certain Services enable Minors to receive non-commercial newsletters which do not contain any form of advertising to children under thirteen (13) years of age, nor any content that might be deemed illegal, immoral or unsuitable to a young audience. When Minors have access to a forum, Users enter messages visible to everyone in an open forum. OWLIENT may however propose a ‘safe chat’ system which prevents/filters words and phrases defined as being unacceptable for Minors, with the aim of filtering out content of a hurtful or insulting nature and/or enabling Users to select only the phrases proposed in a list of predefined phrases. When a forum Service is available, “Report abuse” links are also provided to help to ensure that the Services are safe to use.
Parents may close their child’s account at any time by contacting OWLIENT customer service at http://support.owlient.eu/wizard.
In all cases, use of the Services by minors must take place under the responsibility of their parents or legal guardians and any use of the Services is assumed to have been validated by them. AS FAR AS IS PERMITTED BY APPLICABLE LEGISLATION, OWLIENT DECLINES ANy responsibility regarding ANY activities which may be conducted by minors without the permission of their parents or legal guardians.
IF YOU ARE A PARENT OR LEGAL GUARDIAN AND YOU GIVE YOUR PERMISSION FOR YOUR CHILD TO RESISTER FOR ONE OR OTHER OF THE SERVICES, YOU THEREBY AGREE TO THE TERMS RELATING TO USE OF THE SERVICES BY THE CHILD.
Please consult our Privacy Charter available on the Service’s website for further details.
Except for any User Generated Content, treated in section 6 below, all of the Services and the Content including, without limiting the generality of the foregoing, the texts, photographs, illustrations, graphics, logos, names, audio or video (hereinafter referred to as the « Material »), are protected by national and international laws regarding the protection of intellectual property, particularly regarding copyright. All rights, titles and interests in the Material are owned by OWLIENT or its partners. Any copying, new publication, reproduction, distribution, exhibition, making available to the public, total or partial modification is strictly prohibited, except for uses permitted under section 6 of the present terms. Any other use of the Material without the prior written permission of OWLIENT or its partners may subject the violator to legal sanctions
In addition, any use of trademarks and logos appearing on the Services and the Content is subject to the prior written permission of OWLIENT or its partners. Non authorized use is punishable by law.
You acknowledge that you are authorised to use such elements and information contained in the Services and the Contents only within the limits expressly defined by OWLIENT. You also acknowledge and accept that none of these Terms results in the transfer of ownership of any trademark or trade name or any other property right concerning the Services or any part of the Services and Content to you or to any outside party. You undertake not to do anything contravening the Article 5 or which is liable to be detrimental to OWLIENT in any way in this regard.
6.1 On certain Services, OWLIENT offers you the possibility of (i) creating content which may be original and/or not subject to any rights (“User Generated Content” or “UGC”) using the tools and, if applicable, the Content made available to you by OWLIENT in certain Services, and (ii) publishing this UGC via the Services, and/or on other websites and/or other media under the conditions indicated below.
In all cases, you hereby expressly warrant that you own or will own all rights, titles and interests in and to the contents of which, if applicable, the necessary rights obtained from third parties, and that the content does not violate intellectual property, third parties’ property or other rights, is not contrary to law and does not contain any defamatory material. As a result of the foregoing, you agree to hold harmless OWLIENT and its partners for any damages, expenses, and reasonable costs incurred or suffered by them arising out of any claim by a third party because of the non-compliance with either of the foregoing representations and warranties or breach of the terms of the policy to use the Services and Content.
OWLIENT monitors the content published on this website and may, at its sole discretion, remove any material it considers prejudicial to the rights of third parties or contrary to law and block access to this website to a visitor.
If you create UGC, you undertake to comply with the clauses of these Terms at all times during and after the creation of this UGC. The Terms will continue to apply after any termination of your Account and/or the end of Services use.
You declare that you accept the fact that UGC may be developed and created using tools and/or on the basis of pre-existing Content belonging to OWLIENT, such as, in particular and without limitation, titles, fictional characters, names, themes, objects, scenery, costumes, effects, texts, dialogues, slogans, places, characters, diagrams, concepts, designs, graphics, animations, sounds, musical compositions, videos, audiovisual effects, user-friendly features and any other element of a game or Services.
6.3 With regard to this, you declare that you accept the fact that OWLIENT will be the sole owner of all rights relating to UGC that you produce from pre-existing OWLIENT Content, as and when it is produced. Hereby, you also waive any moral rights you have or may have in any UGC created through the use of the Content.
By accepting these Terms, you agree to transfer irrevocably to OWLIENT, free of charge, all rights of use you may have over the UGC in question, allowing OWLIENT to benefit freely from the following rights, listed only as an illustration and without limitation:
(i) the right to reproduce, permanently or temporarily, by any means and in any form, on all known or as yet unknown media, and in particular:
- the right to integrate the UGC in whole or in part in all OWLIENT products and Services;
- the right to load and download, display, execute, transmit and/or store by any means, in any place and on any medium, the UGC and all products incorporating all or part of the UGC;
- the right to arrange, correct, develop, translate, digitise, encode or otherwise modify the UGC, and to reproduce the results of any one of these operations, by any means and on all existing or future media;
- the right to make any copy of all or part of the UGC and of all products incorporating all or part of the UGC, including modified, translated or arranged versions, in a number of copies decided by OWLIENT, by any process and on all media (notably digital media, CDs, CD-ROMs, DVDs, game cartridges, mobile phones, PDAs, Internet, tablets, interactive television, etc.);
- the right to market, in return for payment or free of charge, and distribute (including renting out, selling and lending) all or part of the UGC, including modified or arranged versions, and all products incorporating the UGC, by any process and on any known or as yet unknown medium;
- the right to reproduce the UGC by any means, in any form and on any medium, as necessary for the rights of use referred to below;
(ii) the right to represent and broadcast the UGC in all places accessible to the public and in all private places, by any means or process and on any known or as yet unknown medium (and in particular terrestrial, satellite and cable broadcasting, optical fibre, pay-to-view or free television, computer transmission, Internet, ADSL, video platforms, web TV and video stream, streaming, MMDS TV, mobile phone TV and catch-up TV);
(iii) the right to use the UGC in any way for commercial or non-commercial purposes of demonstration, promotion and advertising for all OWLIENT products and Services;
(iv) the right to make the UGC or any product incorporating the UGC available to the public as widely as possible, notably via a transfer, licence or any type of contract, temporarily or definitively, in return for payment or free of charge, by all means known or unknown at the present time and in particular via Internet or any digital network, pay per view, pay per play or television broadcasting, and in general via all media and/or networks (particularly analogue or digital networks and media, telecommunication networks and media and computer networks and media);
(v) the right to produce or order the production of any new product or service from the UGC or from any product incorporating the UGC, either reproduced as it stands or modified by OWLIENT or by any outside party of its choice;
(vi) the right to exploit the UGC with products incorporating the UGC, i.e. in particular:
- the right to use and/or exploit all or part of the UGC and of any product incorporating the UGC in any form, with or without adaptation for use in the form of derivative “merchandising” products, in order in particular, and without limitation: to publish or produce books and comic books, strategy guides and books based on the scenario and/or graphics of the games and/or Services, reviews, calendars, stationery articles, stickers, posters, office supplies, accessories for computers or game consoles, computer wallpapers, screen savers, figurines, games, toys in any materials, textiles, crockery, drawings, advertising materials (particularly by display of mail on the Internet), audible or visual reproduction and representation (particularly films, reports, documentaries, stage shows, theme parks, etc.), and all other objects which incorporate all or part of the UGC in their substance or in their form, decoration, packaging and/or presentation;
- the right to produce ‘sequels’, ‘prequels’, ‘add-ons’, ‘spin-offs’ and any conversions of any game or any other material incorporating the UGC for any platform, in any language and in any form, as OWLIENT chooses;
and in general all prerogatives entailed by the author’s ownership of his work.
This transfer of rights is granted on a worldwide basis and for the period of protection of each UGC by the applicable legislation.
OWLIENT, or any outside party to which the rights concerning the UGC would have been transferred in accordance with this Article, may file or register any application for intellectual property rights relating to the UGC in its own name, for all countries in the world. The User undertakes to (i) sign and supply any necessary document requested by OWLIENT, or by the outside party to whom the rights have been transferred, for all registration purposes, and in particular to sign any request, deed of transfer or other document which might be necessary to allow OWLIENT or the outside party to whom the rights have been transferred to register and obtain patents, property rights, drawing registrations and any other form of protection relating to the UGC and be recognised as the holder of all patrimonial rights and property rights relating to the UGC and (ii) to provide all necessary assistance to OWLIENT or to the outside party to whom the rights have been transferred, at the expense of OWLIENT or the outside party concerned, in any action, procedure or step aimed at application of the clauses of this Article both in France and abroad.
6.4 In the event of a competent court ruling that all or some of the rights concerning the UGC created by you cannot be validly transferred to OWLIENT as described in article 6.3, you hereby grant to OWLIENT, free of charge, permanently or for the whole legal period of protection of the UGC under intellectual property rights, an irrevocable and transferable right of use, reproduction, representation, modification, display, distribution and, in general, exploitation of this UGC as stipulated in article 6.3, 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 UGC, given the technical or operational constraints.
Similarly, you grant free of charge to other Users of the Services and games concerned, permanently or for the whole legal period of protection of the UGC under intellectual property rights, a non-exclusive irrevocable right to use the UGC you have created and published, for the purposes of the games and Services offered by OWLIENT, throughout the world and within the limits permitted by OWLIENT, and in particular to access, display, copy, adapt and modify said UGC and create derivative works within the framework of the Services. This licence will continue to apply after any partial termination of the licence that OWLIENT grants to you to use the Services and the Game and/or of these Terms.
As a user, you undertake not to use the UGC derived from OWLIENT’S pre-existing Content other than under the conditions strictly stipulated below.
OWLIENT hereby grants you a non-exclusive and non-transferable personal licence, revocable at all times, to use the UGC you have produced from OWLIENT’S pre-existing Content throughout the world and for the duration of your use of the Services, in order to:
(i) record it on your console, your computer, your mobile phone or any other medium you use to access the Services,
(ii) share it with your friends using the Services, and
(iii) load it on the Services and use it within the framework of the Services and/or on any other OWLIENT service or partner network, as allowed by OWLIENT.
If UGC that you create and publish on the Services reproduces your image, you hereby grant to OWLIENT a right of use of your image sufficient to enable OWLIENT to continue to supply its Services throughout the world and for the whole duration of the Services concerned. You thus agree to the UGC reproducing your image being used by OWLIENT under the conditions described in Articles 6.3 and 6.4. If the UGC you publish on the Services features the image of any person other than yourself, you guarantee to OWLIENT that you have received beforehand the permission of the person concerned for the use of his/her image by OWLIENT in accordance with the terms of this Article 6, and you undertake to pay full compensation to OWLIENT for any losses which might be incurred by OWLIENT in the event of a well-founded complaint, action or claim by any outside party concerning the use of this outside party’s image by OWLIENT.
For any UGC you create via the Services or otherwise provide to OWLIENT, independently from any pre-existing OWLIENT Content, you agree to grant free of charge to OWLIENT, and to its licensees, distributors, agents, representatives and other authorised Users, a licence which is non-exclusive, irrevocable, transferable (in whole or in part) and perpetual (or valid for the whole legal period of protection of the UGC under intellectual property rights) for use of the UGC, its reproduction, representation, transmission, highlighting, exhibition, distribution, indexing, adaptation, correction, development, translation, digitisation, encoding and any other modifications (including, without limitation, adding of comments, removal of lyrics and music or their replacement by lyrics and music selected by OWLIENT), creation of derivative products based on the UGC and in particular merchandising products (as defined in Article 6.3 above), their presentation or other use, in whole or in part, on all media and by all means and processes known or unknown at present and on a worldwide basis, for any reason, including, without limitation, entertainment, information, advertising, promotion and marketing of all OWLIENT Services or products, for commercial or advertising purposes (hereinafter referred to as the “UGC licence”). It is agreed that the UGC licence entails the granting of a licence for all the User’s patrimonial rights concerning the UGC, his trademarks, patents, commercial secrets, personality rights and other intellectual and industrial property rights included in the UGC. Additionally, hereby, you also waive any moral rights you have or may have in any UGC created through the use of the Services.
- any use by you of any UGC for commercial purposes is strictly prohibited;
- the possibility for the User to create UGC or publish any content is part of the Service offered by OWLIENT to the User and does not entitle the User to any payment, including when the UGC is made available to other Users of a game and/or the Services and/or on any other service or OWLIENT’S partner network;
- you guarantee to OWLIENT that the content (UGC or other content) that you publish while using the Services does not violate the rights of an outside party (image rights, privacy rights or other rights) and in particular does not constitute an infringement of property rights or an act of unfair competition, including when the content is used by OWLIENT in the course of supplying the Services or otherwise provided for in Article 6;
- you undertake not to create, use, share or publish within the framework of the Services any element (text, images, sounds, videos, etc.) which might be considered at any time by OWLIENT to be manifestly unlawful, aggressive, defamatory, pornographic, obscene, vulgar, racist, liable to incite hatred, sexually explicit, violent or a threat to public order;
- you are personally responsible for the creation, use and publication of your contents within the framework of the Services and you undertake to compensate OWLIENT and, if applicable, employees, managers and directors in the event of any appeals, actions, claims or applications made against OWLIENT or its employees, managers or directors as a result of the use or publication of User content. OWLIENT reserves the right to conduct its own defence at its own expense and retain exclusive control over any action which might give rise to compensation on your part. You agree, in such cases, to collaborate fully with OWLIENT on request in defence of its interests.
- You understand and accept the fact that, except in the event of withdrawal by OWLIENT of the UGC you have published within the framework of the Services after OWLIENT has been informed of the manifestly unlawful nature of this UGC or of its violation of the image rights or privacy rights or any other rights of an outside party, this UGC will be associated with your User name and will be made available to all Users of the Services concerned throughout the period of existence of the Services.
6.9 To the extent permitted by the applicable law and if any moral rights or other similar rights (hereinafter referred to as “Moral rights”) in and over the UGC exist and are not the exclusive property of OWLIENT, you agree not to invoke your moral rights over the UGC against OWLIENT or its licensees, distributors, agents, representatives, employees and other authorised Users and you vouch for the obtaining of the same agreement from any other person who might invoke moral rights over the UGC. For clarification purposes, it is understood that under the applicable law you waive any moral rights you may claim or own.
If you consider that any Content made available on the Services by Users does not comply with these Terms (including the Rules of Conduct stipulated in article 3.2), you may report this to OWLIENT by contacting OWLIENT at http://support.owlient.eu/wizard, and indicating the information listed below.
After reception of a full notification, OWLIENT reserves the right to act as it deems appropriate, entirely at its own discretion.
You are informed that presenting content as being unlawful with the aim of obtaining its removal or causing its dissemination on the Services to be discontinued, when you are aware that this information is incorrect, is punishable by law.
OWLIENT reserves the right to ask you to cease to use any Content which it believes to be contrary to the provisions of the Terms and/or delete or deactivate the Content in question.
If OWLIENT deletes or deactivates any content that you have published which is considered to be manifestly unlawful and contrary to these Terms, OWLIENT reserves the right to suspend or delete your Account, in accordance with Article 16 below.
CERTAIN OWLIENT GAMES AND SERVICES MAY BE PROTECTED BY TECHNICAL PROTECTION MEASURES AND DIGITAL RIGHTS MANAGEMENT, PARTICULARLY, WITHOUT LIMITATION, PHYSICAL PROTECTION, TATTOOING (WATERMARKING), DIGITAL KEYS AND ONLINE ACTIVATION.
A BROADBAND INTERNET CONNECTION AND THE CREATION OF AN ACCOUNT ARE NECESSARY TO ACCESS THE ONLINE FUNCTIONS AND TO PLAY ONLINE, AND, IN CERTAIN CASES, TO UNLOCK EXCLUSIVE CONTENTS. SUCH EXCLUSIVE CONTENTS MAY BE UNLOCKED ONCE ONLY WITH A UNIQUE KEY.
FOR ALL GAMES AND SERVICES INCORPORATING ORBIT DIGITAL RIGHTS MANAGEMENT TECHNOLOGY, A PERMANENT BROADBAND INTERNET CONNECTION AND THE CREATION OF AN ACCOUNT ARE NECESSARY TO PLAY SAID GAME(S) OR ACCESS SAID SERVICE(S) AT ANY TIME.
OWLIENT MAY CANCEL ACCESS TO ONE OR MORE ONLINE FUNCTIONS SUBJECT TO NOTIFICATION WITH PRIOR NOTICE OF 30 (THIRTY) DAYS ON THE OWLIENT WEBSITE OF THE GAME OR SERVICE(S) CONCERNED.
OWLIENT may offer the User additional servicesin return for payment of a price by the User. These additional services consist in particular of services for downloading Content, icons and mobile phone ringtones, participation in certain games and activities, personalisation of certain elements of the Services, subscription to newsletters. OWLIENT may, as it sees fit, cease to offer certain additional services and propose new additional Services.
You must have an Account to be able to purchase and use Enhanced Services.
OWLIENT reserves the right to offer Users a system enabling you to obtain points if you use Services, if you download Additional Contents (as defined below) or if you participate in certain games and activities proposed by the Services (hereinafter referred to as the “Points System”). You may exchange these points for Additional Contents offered to you by OWLIENT under the Points System.
OWLIENT reserves the right to modify the Terms or eliminate the Points System(s) at any time entirely at its own discretion, under the terms specified in Article 17 below.
To access certain Services, you will have the option to subscribe for subscriptions with different durations and/or buy virtual currency and/or additional content. The terms of these additional services and/or subscriptions are available on a dedicated page of the Service concerned, and these specific conditions are an integral part of these Terms.
If OWLIENT allows you to buy an OWLIENT product through on the Services, specific terms for the purchase may apply and can be found on the Service’s website.
The Services may contain forums, information groups or other types of online discussion areas (collectively known as “Forums”) which are not moderated or which are moderated after the event, with the result that your messages are not checked before being displayed on the Services.
When you use these Services, you should be aware of the fact that your User name and your messages will be public and consultable by any Internet user who visits the Services. You send your messages at your own risk. You have sole responsibility for their submission, publication and dissemination.
You undertake to comply with all the rules of conduct stipulated in article 3 of these Terms, and furthermore not to:
- restrict or prevent use of the Forum by any other User of the Services;
- place on line or reveal or trying to obtain via the Services any real personal information concerning a User;
- place on line or reveal information which is not generally related to the designated topic or theme of the public Forum in question;
- place online or reveal information which is inappropriate or disrespectful of the usual or targeted Users of the Forum.
OWLIENT reserves the right to contact you to obtain further information on the messages you have disseminated, in particular to check that you are entitled to disseminate them and/or that you are the owner of the elements (text, words, images, sounds, videos, etc.) which they contain.
IN ALL CASES, OWLIENT IS NOT RESPONSIBLE FOR AND DOES NOT ENDORSE THE OPINIONS, ADVICE AND/OR RECOMMENDATIONS DISPLAYED OR SENT BY USERS ON THE SERVICES, NOTABLY IN ANY FORUM, AND DECLINES ANY RESPONSIBILITY IN THIS REGARD.
Periodically, OWLIENT and/or its partners organise competitions, games, free prize draws and promotions on the Services. These will be subject to particular terms which we shall communicate to you at the time of these games and competitions.
Entirely at its own discretion, and subject only to its editorial policy for each Service, OWLIENT may highlight certain third party products and/or services by inserting promotional links, advertising banners or any other advertising and promotional element, and may also carry out cross-marketing operations with any partner of its choice.
OWLIENT is not responsible for the third party products or services thus highlighted.
OWLIENT may, entirely at its own discretion, contact you to propose that you test, evaluate or comment on one or more games and Services, game elements and/or downloadable Contents before they are marketed or launched, in order to identify bugs and errors in the programs and/or improve their functioning (“beta tests”).
If you agree to test the games and Services, you must sign a confidentiality agreement for each beta test and return it to OWLIENT before you are accredited and the software is supplied to you or made accessible. Your participation in the beta test is subject to your signing of said confidentiality agreement and the following terms. The obligation of confidentiality remains applicable until OWLIENT officially distributes the games, Services and/or Test Contents (as defined below) or discloses them in any other way to the public, without this being attributable to you.
Upon receipt of the signed confidentiality agreement, OWLIENT may then provide you with a beta version of a game or games, documentation on the game(s) and/or any other information associated with OWLIENT games, and, if applicable, authorisations to access OWLIENT’S websites (collectively known as the “Test Contents”) for the sole purpose of allowing you to test, evaluate and/or comment on the game(s).
You must perform the beta test personally and allow no one else to have access to the Test Contents. Beta test accounts may in no case be transferred. You will be asked to inform OWLIENT (and only OWLIENT) of your reactions and suggestions following your experience of the game(s), elements, Content and/or Services in the beta test. All comments, feedback, suggestions, ideas, criticisms and other data (collectively referred to as the “Comments”) passed on, disclosed or offered to OWLIENT in the course of the beta tests, or more generally in the course of use of the Services, will be the exclusive property of OWLIENT. You therefore undertake not to exploit or publish your Comments or make them accessible by any means or process, particularly, without limitation, on any social network to any outside party other than OWLIENT. You acknowledge that, unless prohibited from doing so under the applicable legislation, OWLIENT may use, sell, promote and exploit the Comments in any way, without restriction and without compensation to you.
You agree and accept that the Test Contents which are supplied to you are highly confidential and/or exclusive information belonging to OWLIENT. You acknowledge that the beta versions of games and all other Test Contents made available to you by OWLIENT for beta tests have not yet been officially classified and you must make sure that no Test Content can be made available to or accessed by minors.
You acknowledge that OWLIENT may protect certain Test Contents by incorporating technical protection measures in them to prevent any unlawful reproduction or modification of the Test Contents. In particular, each Test Content is addressed to you by name and OWLIENT may use digital tattooing (“watermarking) processes to identify any violation of these provisions concerning beta tests.
- Beta versions of games and more generally any Test Contents are supplied to you “as is” and “according to availability” without any explicit or implicit guarantee of any kind. You play on a beta version at your own risk. You accept that (i) the games may include known or unknown bugs and that (ii) the games may be available only on subscription once the beta phase is completed or at any other time subsequently. You acknowledge that OWLIENT is not obliged to allow you to play free of charge for any period, nor even to authorise you to access these games. You also accept that all your data, particularly any bonuses, points, Credits, states of progress and statuses attained in the course of the game may be erased and/or reset at any time. In this case, your progress and your data will be erased and you will return to beginner status.
You agree that violation of your obligations under this Article would cause OWLIENT irreparable damage and that OWLIENT would be entitled to take any action to prevent any breach or risk of a breach of your obligations or to obtain compensation for the damage it has incurred, without prejudice to the right to terminate your Account in accordance with Article 16 below.
At the end of the beta test period, or on OWLIENT’S first demand, you undertake to return immediately all Test Contents received from OWLIENT.
Nothing in these Terms may be interpreted as giving you any right or privilege regarding the Test Contents. All of the Terms apply to the use you make of the games during the beta test phase.
LIMITATION & EXCLUSION OF LIABILITY
YOU EXPRESSLY ACKNOWLEDGE THAT USE OF THE SERVICES AND GAMES IS AT YOUR OWN RISK.
THE SERVICES ARE SUPPLIED “AS IS”. OWLIENT DOES NOT GUARANTEE AND MAKES NO COMMITMENT CONCERNING THE RESULTS OF THE USE OF THE SERVICES IN TERMS OF CONFORMITY, ACCURACY, COMPLETENESS, RELIABILITY, SECURITY, ETC. WITHIN THE LIMITS AUTHORISED BY APPLICABLE LAW, OWLIENT DECLINES TO OFFER ANY GUARANTEE CONCERNING THE MARKET VALUE OF THE SERVICES AND GAMES, YOUR SATISFACTION OR THE SUITABILITY OF THE SERVICES OR GAMES FOR A PARTICULAR USE. IN ADDITION, OWLIENT OFFERS NO GUARANTEE THAT THE SERVICES AND GAMES, INCLUDING THE SERVERS AND SOFTWARE NECESSARY FOR THEIR OPERATION, WILL BE FREE OF INTERRUPTION OR ERRORS, BUGS, VIRUSES OR HARMFUL ELEMENTS, OR THAT ERRORS, BUGS, VIRUSES OR HARMFUL ELEMENTS WILL BE CORRECTED. LASTLY, OWLIENT OFFERS NO GUARANTEE THAT THE INFORMATION, CONTENTS AND/OR ELEMENTS ACCESSIBLE VIA THE SERVICES AND GAMES ARE ACCURATE, COMPLETE OR UP TO DATE. IN PARTICULAR, OWLIENT DOES NOT EXHAUSTIVELY CHECK THE CONTENT OF ALL KINDS, NOTABLY THE UGC (AS DEFINED IN ARTICLE 6), OR THE WORDS THAT YOU OR OTHER USERS PUBLISH VIA THE SERVICES, OR YOUR ACTIONS WITHIN THE FRAMEWORK OF THE SERVICES. OWLIENT THEREFORE OFFERS NO GUARANTEE AND ACCEPTS NO RESPONSIBILITY TO YOU WITH REGARD TO YOUR OWN ACTIONS AND/OR THE ACTIONS OF OTHER USERS OF THE SERVICES. LASTLY, OWLIENT MAY NOT BE HELD RESPONSIBLE FOR THE PRODUCTS OR SERVICES OF AN OUTSIDE COMPANY PROPOSED TO THE USER VIA OWLIENT AND DOES NOT OFFER ANY GUARANTEE CONCERNING SUCH PRODUCTS OR SERVICES.
YOU WILL BEAR ALL COSTS AND ALL RISKS ASSOCIATED WITH THE USE OF THE SERVICES. IN ADDITION, YOU WILL BEAR THE WHOLE COST OF ANY MAINTENANCE, REPAIR OR CORRECTION REQUIRED. YOU WILL BEAR ALL RISKS ASSOCIATED WITH TIME AND EFFORT LOST, LOSS OF DATA (PARTICULARLY ANY GAME DATA), ERRORS OR LOSS OF COMMERCIAL, BUT NOT PERSONAL, OR OTHER INFORMATION RESULTING FROM THE USE OF THE SERVICES AND GAMES.
YOU WILL BEAR SOLE RESPONSIBILITY FOR ANY DAMAGE CAUSED TO OWLIENT, ITS PARTNERS, OTHER USERS OF THE GAMES AND SERVICES OR ANY OTHER INDIVIDUAL OR LEGAL ENTITY AS A RESULT OF USE OF ALL OR PART OF THE SERVICES AND/OR GAMES IN VIOLATION OF THE LAW OR OF YOUR OBLIGATIONS AS STIPULATED IN THESE TERMS.
OWLIENT MAY IN NO CASE BE HELD LIABLE FOR PAYMENT TO YOU OF ANY SUM OR ANY DAMAGES AS A RESULT OF YOUR BEING UNABLE TO USE ALL OR PART OF THE SERVICES. IN NO CASE MAY OWLIENT BE HELD RESPONSIBLE FOR ANY DIRECT, INDIRECT, ACCIDENTAL, INCIDENTAL OR OTHER DAMAGES RESULTING FROM THE USE OR IMPOSSIBILITY OF USING THE SERVICES AND GAMES, EVEN IF OWLIENT HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
IN THE EVENT OF A BREACH OF YOUR LEGAL OR CONTRACTUAL OBLIGATIONS, OWLIENT RESERVES THE RIGHT (I) TO DELETE YOUR ACCOUNT AND TERMINATE YOUR LICENCE FOR USE OF THE GAMES AND SERVICES AND (II) TO TAKE LEGAL ACTION ON GROUNDS OF CIVIL OR CRIMINAL RESPONSIBILITY OR ANY OTHER APPLICABLE LEGISLATION IN ORDER TO HALT THE VIOLATION AND OBTAIN COMPENSATION FOR ITS LOSSES. IN PARTICULAR, WITHOUT LIMITATION, OWLIENT RESERVES THE RIGHT TO PROSECUTE ANY USER WHO WAS DELIBERATELY DAMAGED OR ATTEMPTED TO DAMAGE THE SERVICES OR DISRUPTED THE LEGITIMATE FUNCTIONING OF THE SERVICES OR PROVIDED ASSISTANCE FOR SO DOING.
OWLIENT RESERVES THE RIGHT TO TERMINATE ALL OR PART OF THE AVAILABLE SERVICES AT ANY TIME, FOR ANY SERIOUS MATTER IN THE CASE OF A PAID ACCOUNT, WITHOUT PRIOR NOTICE.
YOU ACKNOWLEDGE AND ACCEPT THAT, WITHIN THE LIMITS AUTHORISED BY LAW, IN THE EVENT OF A DISPUTE WITH OWLIENT OR ITS LICENSORS YOU MAY (I) CEASE TO USE THE SERVICES AND TERMINATE YOUR ACCOUNT AND, (II) IF APPLICABLE, TAKE LEGAL ACTION TO OBTAIN COMPENSATION FOR YOUR LOSSES. IN ADDITION, AND SUBJECT TO THE LEGAL PROVISIONS APPLICABLE AND IN FORCE, OWLIENT’S FULL RESPONSIBILITY WILL BE LIMITED TO REPLACEMENT OF THE FEE-BASED CONTENT ELEMENTS WHICH YOU HAVE ACQUIRED, AND WHICH ARE RECOGNISED BY OWLIENT AS BEING UNUSABLE FOLLOWING ANALYSIS OF YOUR CLAIM, BY AN EQUAL NUMBER OF CONTENT ELEMENTS CHOSEN BY OWLIENT.
IN ANY EVENT, THE LIABILITY OF OWLIENT, INCLUDING ITS LICENSORS, LICENSEES, SUB-LICENSEES, ASSIGNEES AND SUCCESSORS IN TITLE AND THEIR RESPECTIVE EMPLOYEES, MANAGERS OR DIRECTORS (COLLECTIVELY REFERRED TO AS THE “AFFILIATES”) TO YOU MAY NOT EXCEED THE PRICE YOU HAVE PAID FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO THE OCCURRENCE OF THE DISPUTE.
FOR CLARIFICATION PURPOSES, IT IS UNDERSTOOD THAT THE PROVISIONS OF THIS ARTICLE 15 IN NO CASE LIMIT OWLIENT’S LIABILITY TO YOU IN THE EVENT OF FALSE, MISLEADING OR FRAUDULENT STATEMENTS OR DEATH OR PHYSICAL OR MORAL INJURY RESULTING FROM OWLIENT’S NEGLIGENCE. IN ADDITION, THE RESTRICTIONS, EXCLUSIONS AND NON-LIABILITY CLAUSES OF THIS ARTICLE AND OF THE OTHER STIPULATIONS OF THESE TERMS APPLY WITHIN THE LIMITS OF APPLICABLE LAW.
GUARANTEE & COMPENSATION
If OWLIENT asks you to do so, you undertake to defend and guarantee OWLIENT and its Affiliates (as defined above), its subcontractors and its content suppliers against all liabilities, claims and damages and all costs, including lawyers’ fees, following and/or resulting from a violation of these Terms for which you are responsible, or related to your transmission of UGC on the Services or via the Services, or more generally to your behaviour on the Services. Without limiting the generality of the foregoing, you undertake to cover OWLIENT and its affiliates and hold them harmless in the event of inappropriate or illegal use of your Account, including in the event of illegal or inappropriate use by someone you have authorised to use your Account. You agree to be held personally responsible for your use of the Services and for all your communications and activities on the Services
OWLIENT reserves the right to take sole responsibility, at its own expense, for conducting the defence in and controlling any other cases for which you are normally obliged to guarantee it. If it does so, you will no longer have any obligation to provide a guarantee to OWLIENT concerning the case in question. The provisions of this Article remain valid and in force after termination of these Terms or of your Account.
OWLIENT may suspend or close your Account and your ability to use one or more Services or part of the Services, at any time, automatically and without any judicial formality, after sending by e-mail or by post of a formal demand to halt the violation or provide proof of your credentials which has gone unheeded for a period of fifteen (15) calendar days, if it is confirmed or if OWLIENT has reasonable grounds for believing that:
- you claim to be any other person or entity or present your identity inaccurately,
- you do not comply with these Terms or any special condition relating to a particular Service or Services,
- you are in breach of your legal or contractual obligations,
- you infringe on copyright,
- you behave unsuitably or reprehensibly on the Services, including, without limitation, on the Forums,
- your Account has been inactive for more than six months
- or for any other reason.
If you have more than one Account, OWLIENT reserves the right to delete all the Accounts you have opened.
You may terminate your Account or your access to a particular Service or Services at any time, automatically and without any judicial formality, by contacting OWLIENT’S customer service department http://support.owlient.eu/wizard.
If you do not accept these Terms, you may not use the Services and you must send OWLIENT a request to terminate your Account and/or the corresponding subscriptions.
Note that there will be no total or partial refund for the sums already paid for the current subscription period if you decide to end your subscription.
OWLIENT reserves the right to recover the costs, supplements and charges incurred before the cancellation of your Account or of a subscription to a particular Service or Services. In addition, it is up to you to pay all sums owed to other sellers of suppliers of Contents before the termination of your Account. All arrears or unpaid costs and other unresolved problems with the Services must be settled before any opening 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 by OWLIENT’S customer service department.
In the event of termination or suspension of your Account, you will lose, and OWLIENT may delete, your profile and the related information you have passed on to OWLIENT, together with any Content you may have published, uploaded or made available on the Services, notably, without limitation, your User names and avatar. However, OWLIENT reserves the right to store your profile and any of the aforementioned Content on its servers for a reasonable period of time with the exception of any personal information you have submitted through the use of the Services and Content and which conservation policies are contained in the Privacy Charter available on the Service’s website.
In the event of termination of your Account, you must immediately cease all use of the Services and destroy any related documentation on any medium.
In the event of termination of your Account, you will not be able to participate in the Service(s) again without OWLIENT’S express permission. To benefit from the Services again, contact OWLIENT at http://support.owlient.eu/wizard.
In the event of termination of your Account or of a Service or Services associated with your Account, no period of use of the online services or other type of credit (points in an online game, for example) will be credited to you or converted into cash or any other form of reimbursement and you will no longer have access to your Account or to any right associated with your Account or the Service(s) in question (such as points, Credits, tokens or virtual objects).
OWLIENT reserves the right to change, modify, add or delete the clauses of these Terms and other notices contained on the OWLIENT Services, at any time, temporarily or permanently and entirely at its own discretion.
OWLIENT will inform you of any change, modification, addition or deletion of these Terms by posting, on the website of the Services concerned, a notification informing the user of the occurrence of the change, modification, addition or deletion. Any change, modification, addition or deletion will come into force five (5) working days before the publication of said notification. If you do not agree to the changes made to these Terms, you may close your Account in accordance with Article 16.
You therefore undertake to check any modifications regularly and to comply with them fully. Any use of the Services subsequent to updates and/or modifications implies acceptance of the Terms thus updated and modified. In any event, OWLIENT reserves the right to formally accept the revised Terms.
OWLIENT reserves the right to modify the prices of the Services indicated on the websites of the Services concerned, on the understanding that the new price is applied only to orders placed after the new price has come into effect.
During your period of subscription, OWLIENT reserves the right, entirely at its own discretion, to modify the price of subscriptions to its games and Services. In this case, OWLIENT will indicate these modifications on the websites of the Services concerned before the modification of the prices. These new prices will come into effect only when your subscription is renewed.
If you do not accept this price change, you may cancel your Account in accordance with the procedure defined in article 16 of the Terms. Note that this cancellation must be carried out before the tacit renewal of your subscription. Failing this, you will be deemed to have accepted these changes.
OWLIENT may modify the Content for any reason or without any specific reason, at any time, particularly for reasons linked to technical changes.
In particular, OWLIENT may deem it necessary to carry out updates, maintenance operations and/or resets to improve and/or optimise the games and Services. Such updates, maintenance operations and/or resets are liable to affect the games, the Services and/or your acquired rights or any other related element, or to result in setbacks for you in the game environment. The products updated or modified in accordance with this Article are subject to the guarantees indicated in Article 10 above.
Lastly, OWLIENT reserves the right to (a) restrict access to all or part of the Services for any User and/or (b) delete all or part of the Services, entirely at its own discretion, subject to notification thirty (30) days in advance displayed on the Service or Services concerned.
During your period of subscription to certain Services, OWLIENT reserves the right, entirely at its own discretion, to make supplementary Content available to all subscribed Users in the form of updates. However, your subscription does not give you any entitlement concerning extensions which are distributed and/or sold separately from the original version of the video game(s) you have purchased.
OWLIENT, directly or indirectly through its service providers, may collect and store information concerning you with regard to your activity on the Services, your connection information and/or your hardware. Certain information is recorded and archived. Certain information thus collected may subsequently be analysed and counted in User statistics.
OWLIENT attaches very great importance to your privacy and undertakes not to reveal your personal data except when expressly authorised by you to do so or when particular circumstances arise according to the applicable law.
OWLIENT may be obliged to reveal confidential information concerning you when this information is necessary for the identification, questioning or prosecution of any individual liable to violate the rights of OWLIENT or any other User or outside parties. Lastly, OWLIENT may be bound by a legal obligation to disclose personal information and in such cases may not refuse to do so.
OWLIENT reserves the right to collect, store and use your personal data without your consent after anonymising it.
For further information concerning the use of personal data by OWLIENT, please read OWLIENT’S Privacy Charter (the “Charter”) carefully. This Charter is appended to the Terms and governed by said Terms, and is consequently subject to modifications and updates in accordance with Article 17. You may at any time consult the Charter on the Service’s website.
OWLIENT advises you to take the following precautions in all cases when using a game or 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 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. While using the game, take breaks of ten (10) to fifteen (15) minutes every hour.
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 exposures). Such individuals are exposed to risks of fits when they play certain video games containing such luminous stimulations; consult your doctor before any use.
Parents as well as guardians must also pay particularly close attention to their children when they play games or use Services. 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.
The Services are optimised for a resolution of 1024 x 768 pixels; OWLIENT reserves the right to optimise any one of its Services for any other resolution.
You are informed that computer developments are not compatible with all computer platforms and media and that the performances of the OWLIENT Software and the related Services may vary depending on your computer and other equipment.
OWLIENT may from time to time supply you with updates or modifications of the OWLIENT Software. You acknowledge that certain updates and modifications may be necessary in order to be able to continue to use the OWLIENT Software and the Services.
Your browser may be configured to prevent the display of pop-ups. Certain Contents are displayed in pop-up form. To optimise use, make sure you deactivate the pop-up blocking function.
The expression « Compatible Mobile Terminal » designates any device capable of connecting to the Internet to access the Services. The term Compatible Mobile Terminals covers in particular mobile phones, smartphones, digital music players, portable video game consoles, tablets, e-book readers and personal digital assistants (PDAs).
OWLIENT 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 by your mobile and/or fixed Internet service provider and (iv) be in compliance with the contractual obligations of your mobile and/or fixed Internet service contract. These electronic communication services may use, but are not limited to, “second”, “third” or “fourth generation” mobile phone networks, Wifi, WiMax, or satellite communications.
The use of a Compatible Mobile Terminal will lead in particular to connection costs. The connection costs may include, for example, the normal rates of your Internet service provider for use of WAP, data transfer or message services indicated in your mobile and/or fixed Internet service contract (included or not in the service package), or any other cost invoiced to the User by his Internet service provider in exchange for electronic communication services. You must contact your Internet service provider for all necessary information concerning the packages available and their prices.
IF YOU ARE NOT THE PERSON WHO PAYS THE BILL FOR YOUR COMPATIBLE MOBILE TERMINAL, YOU MUST OBTAIN THE PERMISSION OF THE PERSON WHO PAYS THE BILL BEFORE PURCHASING CONTENT ON OWLIENT’S MOBILE SERVICES.
When the User connects to the Mobile Services, OWLIENT cannot guarantee user comfort equal to that experienced when connecting to the Services via a computer or game console, particularly as regards display quality, response time or access to certain functions such as listening to music or viewing videos. You acknowledge that the user comfort of the Mobile Services depends on the capacities of your Compatible Mobile Terminal and the capacities of the electronic communication network you use, and OWLIENT may in no case be held responsible for reduced user comfort on Mobile Services.
Downloading, installing and use of certain Mobile Services supplied via your Compatible Mobile Terminal may be prohibited or restricted by your Internet service provider, and it is possible that the Mobile Services will not all function with all network service providers or devices. You must contact your Internet service provider to find out whether the Mobile Services are available for your device and what restrictions, if any, may apply to the use of said Services for mobile devices.
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.
Independence of clauses
If any one of the clauses of the Terms proves to be unnecessary or irrelevant and/or is deemed null and void or inapplicable, (i) said clause will be interpreted in compliance with the applicable legislation in such a way as to best reflect OWLIENT’S initial intentions and (ii) the other clauses of these Terms will remain unchanged and will continue to apply as if the unnecessary, irrelevant, null and void or inapplicable provisions were no longer contained in the Terms.
The fact that OWLIENT or the User does not exercise or assert any right or provision contained in these Terms, or is slow to exercise or assert it, may not be considered to constitute waiving of this right or provision. Waiver of one of the provisions of these Terms may be considered to have taken place only after signing of a written statement to this effect by OWLIENT or by the User.
The Terms (including OWLIENT’S Privacy charter) and all rules or instructions published on line concerning a game, an activity, a competition or lottery or a merchant service in particular represent the entire agreement between you and OWLIENT concerning your rights and obligations as to the use of said Services.
Add this page to your bookmarks and consult this site regularly to find out about any updates to the Terms.
Law and Jurisdiction
(i) these Terms and your Account are governed by the laws of Canada and the province in which you reside; and
(ii) you expressly acknowledge the exclusive jurisdiction of the federal courts and province courts within the jurisdiction of the place of your principal residence for any complaint or any dispute with OWLIENT resulting from or related in any way to your Account(s) or the use you make of the Services, and you also accept and freely consent to the exercising of territorial jurisdiction in said courts in relation to any dispute of this kind, including any complaint concerning OWLIENT and/or its affiliated companies and subsidiaries and their respective employees, subcontractors, managers, directors, vendors and content suppliers. As indicated above, your conduct may be subject to other regional, federal, national or international laws.
Subject to the applicable legal provisions, OWLIENT may not be held liable for exceptional circumstances, an act of state or cases of force majeure as defined in the common law and in the Quebec Civil code. For clarification purposes, it is generally understood that « force majeure » means any external, unforeseeable, irresistible and making it absolutely impossible to fulfil an obligation.
These Terms can be accessed at any time on the Service’s website.
For any question concerning these Terms, you may contact OWLIENT at the following address: http://support.owlient.eu/wizard
THESE TERMS ARE APPLICABLE ONLY TO THE EXTENT AUTHORISED BY LAW.
ANY USE OF THE SERVICES IMPLIES UNRESERVED APPROVAL OF THESE TERMS AND OWLIENT’S PRIVACY CHARTER.