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Transformice Terms and Conditions

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  1. TERMS AND CONDITIONS OF USE
  2.  
  3. PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEBSITE OR
  4. DOWNLOADING THE GAME TRANSFORMICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED
  5. HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT
  6. USE THIS WEBSITE OR THE GAME.
  7.  
  8.  
  9. Atelier 801 SARL would like to thank you for visiting our website. This document contains the terms and conditions
  10. (“Terms”) for governing your access to, and use of , the Website located at www.transformice.com (or any
  11. subsequent URL which may replace it) and all officially associated websites and micro-sites(collectively, the
  12. "Website"), and all features, functions software and services offered through this Website. The Website, the Game
  13. and the features, functions, software and services offered through this Website collectively constitute the "Service."
  14.  
  15.  
  16. 1. Legal Agreement
  17.  
  18. These Terms constitute a legal agreement between you and Atelier 801 SARL. Your using this Website or otherwise
  19. accessing or downloading any of our Games, shall constitute your agreement to accept and be bound by the terms
  20. and conditions appearing in these Terms, and your agreement to comply with any Rules of Conduct posted on the
  21. Website or otherwise provided to you by Atelier 801 SARL (the "Rules of Conduct") and any end-user license
  22. agreement ("EULA") applicable to our Game software or other software that we may provide in connection with the
  23. Service (the "Software"), as they may be amended from time to time. If you do not agree with any of these Terms,
  24. please do not access or otherwise use the Atelier 801 SARL Website and our Game (Transformice). In this
  25. Agreement, the terms "We/us/our" mean Atelier 801 SARL "You/your" means you as a user of the Website or of our
  26. Game. The “Game” means the multiplayer online game developed by Atelier 801 SARL  - Transformice.
  27. You hereby represent that you have the legal capacity to enter into this Agreement and you are not barred from
  28. receiving services offered by the Website under the French laws or other applicable jurisdiction. You understand that
  29. the services being offered may include certain communications from Atelier 801 SARL, such as service
  30. announcements, administrative messages or other information, and that these communications constitute part of
  31. the Service being offered by the Website and you may not have the right to opt out of receiving them.
  32. Your use of the Website and the Service is subject at all times to these Terms, the Rules of Conduct, and any
  33. applicable EULA. All user identities created on the Website are governed by these Terms. This includes, but is not
  34. limited to, proper in-game and out-of-game conduct relating to the Game. This Agreement is in addition to, and
  35. does not in any way replace or supplant, any EULA or any additional terms and conditions that may apply when you
  36. use or purchase certain other Atelier 801 SARL products, services, affiliate services, third-party content or third-
  37. party software.
  38.  
  39.  
  40. 2. Changes to terms
  41.  
  42. Atelier 801 SARL may amend these Terms, the Rules of Conduct, and any EULA at any time in our sole discretion.
  43. Amendments and modifications will be effective immediately after publishing them on the Website or otherwise
  44. providing you a copy thereof, and you waive any right you may have to receive specific notice of such changes or
  45. modifications.. You agree to and are responsible for checking this Agreement, the Rules of Conduct and any EULA
  46. periodically so you will be familiar with their contents as they may be amended or modified from time to time. By
  47. continuing to use any portion of the Service, you are signifying your acceptance of any revised or updated terms. If
  48. you do not agree to the amended terms, you must stop using the Service.
  49. 3. Description
  50. Atelier 801 SARL provides free-to-play, multi-player online Games and related features, functions and services
  51. available through the Website, such as community forums and other interactive areas. To access our Games, you
  52. may be required to download and install certain client software, and such access entails the use of hardware,
  53. software and Internet access (which you acknowledge play a crucial role in your user experience). You agree that
  54. Atelier 801 SARL is not responsible for any hardware, software or Internet access, quality, suitability or unavailability
  55. issues. Atelier 801 SARL does not provide Internet access, and you are responsible for all fees relating to telephone
  56. and Internet access charges along with all necessary equipment, servicing, repair or correction incurred in
  57. maintaining connectivity to the servers.
  58. 4. Proprietary Rights
  59. Atelier 801 SARL is the owner of the Website, the Game, the Software and the Service, which are protected by French
  60. and international law including copyright laws. All rights and title in and to the Website, the Game, the Software and
  61. the Service, all features and content thereof (including without limitation any user accounts, titles, computer code,
  62. files, game software, client and server software, tools, patches, updates, themes, objects, characters, character
  63. names, stories, storylines, objects, content, text, dialogue, catch phrases, themes, locations, concepts, artwork,
  64. designs, graphics, pictures, video, animation, sounds, music, musical, compositions, sound recordings, audio-
  65. visual effects, information, data, documentation, , "applets", chat transcripts, character profile information, game
  66. play, and recordings ) and the selection and arrangement thereof (collectively the "Proprietary Materials") are the
  67. proprietary property of Atelier 801 SARL or its licensors and are protected by French and international copyright and
  68. other proprietary rights laws. In the event that you make any modifications, adaptations or derivative works of any
  69. kind to the Proprietary Materials (the "Modifications"), whether authorized or unauthorized, you understand and
  70. agree that you shall retain no rights of any kind in and to such Modifications and that all rights therein shall belong
  71. solely to Atelier 801 SARL. You hereby assign and transfer to Atelier 801 SARL, without any compensation, any and
  72. all rights you may have in and to such Modifications.
  73.  
  74.  
  75. 5. Account / Registration procedure / Purchasing procedure
  76.  
  77. 5.1 Account/Registration procedure
  78.  
  79. You may be required to create an account (an "Account") to access our Game and certain features and functions or
  80. our Service.
  81. You must be 13 years of age or older to create an Account. If you are 13 or over, but are under the age of 18, we
  82. require that you review these Terms with your parents or guardian to ensure they read and agree to them. If you are
  83. the parent of guardian of a user of our website and you have questions about this website or these terms, please
  84. contact us at contact@atelier801.com
  85. By creating an Account or otherwise using the Service, you represent that you are at least age 18 and agree to these
  86. Terms, or that you are over 13 years of age and your parents or legal guardian have read and agreed to these
  87. Terms, and you understand and agree that we are relying upon that representation in allowing you to use the
  88. Service.
  89. Notwithstanding the above, certain portions of our Website and some of our games may contain mature contents
  90. not suitable for anyone younger than 18 years of age. We will require that you confirm that you are 18 years of age
  91. or older to access such content. If you enter any portion of the Website which is intended for or is marked for
  92. mature audiences only, you are certifying that you are at least 18 years old or the applicable age of majority in the
  93. jurisdiction in which you reside and have the legal right to access such content. We shall not be responsible in any
  94. way for your failure to accurately confirm your age per the terms hereunder.
  95. You, as creator of your Account and User ID, are solely responsible for your User ID . Atelier 801 SARL will not
  96. tolerate offensive or obscene User IDs. If a User ID violates any part of these terms, we may immediately,
  97. temporarily, or permanently ban such a User ID, with or without notice.
  98. Atelier 801 SARL is not responsible for any misuse of your Account or your User ID, you agree to accept all risks of
  99. unauthorized access to your Account and to hold Atelier 801 SARL and its affiliates harmless from and against any
  100. improper use of your Account or your User ID, including, but not limited to, improper use by someone to whom you
  101. revealed your password.
  102. Please note that, you are responsible for maintaining the confidentiality and security of your User ID and password,
  103. and you agree to notify us if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise
  104. may have been compromised. You are solely responsible for all activities and transactions that occur under your
  105. Account, and Atelier 801 SARL is not responsible for any unauthorized use of your account, including without
  106. limitation in the event that your password is stolen or revealed to a third party. You agree to immediately notify us
  107. of any unauthorized use of your Account or any other breach of security in relation to the Website, the Service or
  108. our Games known to you. Atelier 801 SARL provides you with choice to change your password in order to safeguard
  109. your Account.
  110.  
  111.  
  112. 5.2 Purchasing procedure
  113.  
  114. 5.2.1 Credits: “Fraise”
  115.  
  116. Atelier 801 enables you to purchase items to customize your character. You can purchase these items for free by
  117. using the in game money - “Cheese” .
  118. Some items can also be purchased by buying credits - “Fraise”.
  119. Please note that character customization is only available to registered users.
  120. Only registered users that have linked an email address to their account can purchase Fraises.
  121.  
  122. 5.2.2 Fraise purchasing procedure
  123.  
  124. To purchase Fraise, please follow this procedure:
  125.  
  126. 1.      Log in the game
  127. 2.      Open the shop
  128. 3.      Choose “Buy Fraises”
  129. If you did not link an email address to your account, a window to validate an email address will open.
  130. 4.      Choose the amount of Fraises
  131. 5.      Choose the purchase platform (Zong or Paypal)
  132.  
  133. Purchase with Paypal
  134. 6.      Check your order on Paypal
  135. 7.      Log in Paypal
  136. 8.      Validate your order on Paypal
  137. 9.      Go back to the game
  138. 10.     Validate your order in game.
  139. Only when you have validated your order in game, your bank account will be debited.  Fraises will be immediately
  140. credited on your in game account.
  141.  
  142. Purchase with Zong
  143. a.      Type in your phone number
  144. b.      You will receive a text message. Depending on what country you’re in, you will be asked to either type in a
  145. 4 digit PIN (provided in the text message) or reply to the text message to confirm the payment.
  146. Fraises will be credited on your account when you have finish Zong procedure.
  147.  
  148. 5.2.3 Paypal
  149.  
  150. Paypal is an international payment platform.
  151. Paypal is used to pay by card or bank transfer. Registration is not required to pay by card. Registering enables to
  152. pay with other ways (bank transfer) and to save your choices for ulterior purchase.
  153. Paypal guarantees the security of payments and confidentiality of the personal data.
  154. Atelier  801 SARL is not liable for any problem occurring with Paypal . Customer support is available at :
  155. https://www.paypal.com/fr/cgi-bin/helpweb?cmd=_help .
  156.  
  157. 5.2.4 Zong
  158.  
  159. Zong is an international payment platform.
  160. Zong is used to pay by text messages. Registration is not required to use Zong services. a.     Depending on what
  161. country you’re in, you will be asked to either type in a 4 digit PIN (provided in the text message) or reply to the text
  162. message to confirm the payment.
  163. Zong guarantees the security of payments and confidentiality of the personal data.
  164. Atelier  801 SARL is not liable for any problem occurring with Zong. Customer support is available at :
  165. http://www.zong.com/help .
  166.  
  167. 6. Privacy
  168.  
  169. Please review our Privacy Policy, for information regarding the collection, use and distribution of personal
  170. information collected through this Website, which is published on the Website, currently at “Privacy Policy”
  171.  
  172. 7. Game Updates
  173.  
  174. Update or “patch” are made directly on servers and do not have any consequences on your computer.
  175.  
  176. 8. Monitoring
  177.  
  178. You understand and agree that when you communicate with other players within a game or utilize any interactive
  179. features available on the Website, such as instant messaging, forums or chat rooms; thereby these communications
  180. are recognized as public. Such communications and postings are transmitted through our servers, and we may, but
  181. are not obligated to, monitor all such communications and postings.
  182. You acknowledge that you have no expectation of privacy with respect to any such communications or postings, and
  183. you expressly consent to such monitoring.
  184.  
  185. 9. License
  186.  
  187. Subject to these Terms and any applicable EULA, Atelier 801 SARL grants to you, for your noncommercial and
  188. personal use only, a limited, non-exclusive, revocable, nontransferable and nonsublicensable license to access and
  189. use the Service and the Proprietary Materials
  190. Except as expressly permitted in these Terms or in the applicable EULA, such license does not include, and you
  191. agree not to engage in, any: (a) resale, sublicense, lending or commercial use of the Services or the Proprietary
  192. Materials therein; (b) distribution, public performance or public display of any Proprietary Materials except in
  193. connection with game play in the ordinary course, (d) modifying, adapting, altering, enhancing, or otherwise making
  194. any derivative uses of any Games, game content or other Proprietary Materials, or any portion thereof ; (e) use of
  195. any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page
  196. caching) of any portion of the Proprietary Materials or any information contained therein, except as expressly
  197. permitted on the Site; (g) reverse engineer or decompile the Proprietary Materials, or otherwise attempt to derive
  198. source code from the Game or other software included in the Proprietary Materials; or (h) any use of the Services or
  199. the Proprietary Materials other than for its intended purpose. Any use of the Service or the Proprietary Materials
  200. other than as specifically authorized herein, without the prior written permission of Atelier 801 SARL is strictly
  201. prohibited and will, at Atelier 801 SARL’s option, terminate the license granted herein. Such unauthorized use may
  202. also violate applicable laws including without limitation copyright and trademark laws and applicable
  203. communications regulations and statutes Unless explicitly stated herein, nothing in these Terms shall be construed
  204. as conferring any license to or rights in intellectual property rights, whether by estoppel, implication or otherwise.
  205. This license is revocable at any time with or without cause.
  206.  
  207. 10. User Content
  208.  
  209. The Service may include discussion forums, chat rooms, user feedback, messaging features, comments and other
  210. interactive areas or services (“Interactive Areas”) in which you or other users create, post, send or store any content,
  211. messages, materials, data, information, text, music, sound, photos, video, graphics, code or other items or
  212. materials on or through the Website (the "User Content"). User Content posted to the Website is publicly available
  213. and not confidential and will become the sole property of Atelier 801 SARL. Atelier 801 SARL strongly recommends
  214. that you not publish any personal information about yourself or others on or through the Website. In consideration
  215. of your use of the Service, you hereby transfer and assign to Atelier 801 SARL all right, title and interest in and to
  216. the User Content you create, post, store or transmit on or through the Website, including all intellectual property
  217. rights therein, and Atelier 801 SARL shall be entitled to the unrestricted use, dissemination and other exploitation
  218. of such User Content for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
  219. You are solely responsible for the User Content you post and for your use of such Interactive Areas.
  220. You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the
  221. following:
  222. (a) User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive,
  223. harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise
  224. objectionable;
  225. (b) User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of
  226. any party, or that would otherwise create liability or violate any local, state, national or international law,
  227. (c) User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary
  228. right of any party. By posting any User Content, you represent and warrant that you have the lawful right to
  229. distribute and reproduce such User Content
  230. (d) User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or
  231. entity;
  232. (e) Unsolicited promotions, political campaigning, advertising or solicitations;
  233. (f) Private information of any third party, including, without limitation, addresses, phone numbers, email addresses,
  234. Social Security numbers and credit card numbers;
  235. (g) Viruses, corrupted data or other harmful, disruptive or destructive files; and
  236. (h) User Content that violates the Rules of Conduct or that, in the sole judgment of Atelier 801 SARL, is
  237. objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site,
  238. or which may expose Atelier 801 SARL or its users to any harm or liability of any type.
  239. Atelier  801 SARL takes no responsibility and assumes no liability for any User Content posted, stored or uploaded
  240. by you or any third party, or for any loss or damage thereto, nor is Atelier  801 SARL liable for any mistakes,
  241. defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use
  242. of Interactive Areas is at your own risk.
  243.  
  244. As a provider of interactive services, Atelier  801 SARL is not liable for any statements, representations or User
  245. Content provided by its users in any public forum, personal home page or other Interactive Area. Although Atelier  
  246. 801 SARL has no obligation to screen, edit or monitor any of the User Content posted in any Interactive Area, Atelier  
  247. 801 SARL reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or
  248. stored on the Site at any time and for any reason without notice, and you are solely responsible for creating backup
  249. copies of and replacing any User Content you post or store on the Site at your sole cost and expense.. Any use of
  250. the Interactive Areas or other portions of the Site in violation of the foregoing violates these Site Terms and may
  251. result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site.
  252. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you
  253. otherwise have the right to post such User Content to the Site; (b) the User Content is accurate and not misleading;
  254. and (c) use and posting of the User Content you supply does not violate these Terms or the Rules of Conduct and
  255. will not violate any rights of or cause injury to any person or entity. You shall be solely liable for all royalties, fees,
  256. damages and any other monies resulting from any infringement of such right or any other harm resulting from any
  257. User Content you provide
  258.  
  259. 11. User Conduct
  260.  
  261. 11.1 Global rules
  262.  
  263. You must observe these Terms, all Rules of Conduct, all applicable laws and all basic rules of etiquette and common
  264. courtesy when using the Website and the Service. Any conduct that violates the law in an offline, real world
  265. community is also a violation of these terms. Atelier  801 SARL will not tolerate any illegal or offensive conduct.
  266.  
  267. Without limiting the foregoing, in addition to the User Content rules set forth in Section 10 above, you agree not to
  268. take any of the following actions:
  269.  
  270. (a) Harm minors in any way;
  271. (b) Impersonate any person or entity, including any ATELIER 801 SARL officials, forum leaders, guides, hosts,
  272. employees or agents, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  273. (c) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any message transmitted
  274. through the Website;
  275. (d) Upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising,
  276. promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation;
  277. (e) Interfere with or disrupt the Service, the Website or servers or networks connected to the Website, or disobey any
  278. requirements, procedures, policies or regulations of networks connected to the Website;
  279. (f) "Stalk," threaten or otherwise harass or cause discomfort to another;
  280. (g) Collect, store, post or otherwise disseminate any personal data about other users;
  281. (h) Impede or disrupt the Service or the normal flow of game play or dialogue in the game or in Interactive Areas on
  282. the Site or use vulgar language, abusiveness, use of excessive shouting (ALL CAPS) "spamming" or any other
  283. disruptive or detrimental methods in an attempt to disturb other users or ATELIER 801 SARL employees;
  284. (i) Engage in, encourage, or promote any illegal activity, or any activity that violates these Terms or the Rules of
  285. Conduct;
  286. (j) Engage in any actions that defraud or attempt to defraud, scam or cheat others out of any items that have been
  287. earned through authorized game play;
  288. (k) Cheat or utilize unauthorized exploits in connection with the Game or the Service;
  289. (l) Using or exploiting any bugs, errors, or design flaws to obtain unauthorized access to the Service or to gain an
  290. unfair advantage over other players,
  291. (m) trade, sell, auction or otherwise transfer any virtual items or goods of any nature outside the game; and/or
  292. (n) Take any action that disrupts the Service or that negatively affects or may prohibit other users from enjoying the
  293. Website, the Game or any other aspect of the Service.
  294.  
  295. 11.2 Specific rules
  296.  
  297. In addition to global rules in 11.1, some prohibited conducts are specific to the Game.
  298.  
  299. (a)     Cheat
  300. -       Cheating (aka Hack)
  301. -       Cheating on an alt account
  302. -       Asking for cheats
  303. -       Giving out cheats
  304.  
  305. (b)     Chat   
  306. -       Spam/Flood
  307. -       Caps-lock abuse
  308. -       Advertising
  309. -       General vulgarity
  310. -       Inappropriate or vulgar links
  311. -       Severe insulting
  312. -       Insults to the staff
  313. -       Misleading players
  314. -       Provocation
  315. -       Promoting trollish topics
  316. -       Xenophobia
  317. -       Wrong languages in chat
  318.  
  319. (c)     Accounts       
  320. -       Sentinel/Mod/Admin Impersonation
  321. -       Claiming to be a mod
  322. -       Vulgar names
  323. -       Phishing
  324.  
  325. (d)     Maps   
  326. -       Crash Maps
  327. -       Offensive Maps
  328. -       Copying/Stealing Maps
  329. ?
  330. (e)     Totem  
  331. -       Offensive Totem
  332. -       Crash Totem
  333.  
  334. (f)     Evasion
  335. -       Mute evasion (Mute : prevents you to speak on the in game chat box)
  336. -       Ban evasion (Ban : prevents you to access to the game)
  337. Evading a ban or mute will result in a higher punishment. If you feel that you were punished unfairly it is
  338. best to contact a moderator via the forum.
  339.  
  340. (g)     Voteban
  341. -       Voteban abuse with your tribe/friends
  342. -       Voteban abuse with the entire room, group of players from the room
  343. -       Using voteban as a game
  344. The command /ban  is a very useful command that allows you to punish some players for minor
  345. offenses by yourself. It shouldn't be used indiscriminately or for fun; it's not here to resolve conflicts or to
  346. punish each newbie shaman. Forming a group or tribe to purposely invade a room and ban any random
  347. player for no reason will lead to a ban. Abusing the voteban command in this manner is not advised.
  348. Using the /ban command for "lotteries" will always result in a ban against the people abusing the voteban
  349. command.
  350. (h)     Others 
  351. -       Glitch abuse (cf 11.1.L)
  352. -       Crashing a room (as shaman)
  353. -       Inappropriate tribe name
  354. -       Leaking/Sharing private information relevant to the game
  355.  
  356. Nota bene :
  357.  
  358. Vulgar / Innapropriate : Please refer to 11.1
  359. Crash map/totam/chamane : Can cause other players to lag or even crash a room (Cf 11.1)
  360. Phishing : Any method of obtaining in-game items, cheese or fraises outside of the game is illegal. These illegal
  361. sources often require players to provide their username, password and e-mails, and create a huge security risk.
  362. These websites are often an imitation of the real website and are controlled by a malicious person. If the user enters
  363. any personal information, they will be transmitted directly to the scammer.
  364. Upon discovery of any player promoting or using these illegal websites, we will take serious action. Atelier 801 and
  365. Transformice are in no way affiliated with these website and don’t support them.
  366. Please report any players advertising or using a phishing website.
  367.  
  368. 11.3 Penalties
  369.  
  370. Atelier 801 SARL may take any actions and impose any penalties we deem necessary to discourage and punish any
  371. violation of these terms or any other illegal or inappropriate conduct, all without prior notice or warning. The
  372. determination as to whether a violation has occurred and who is responsible for such act is solely within Atelier 801
  373. SARL's discretion, and is based on what we deem best for the community and the Website. By using the Website, you
  374. agree you will be bound by Atelier 801 SARL's determination as to whether a violation has occurred and any penalty
  375. we choose to implement.
  376. Violation of the rules displayed in 11.1 and 11.2 will be punished by either a mute(1), un ban(2), or even a permanent
  377. ban depending of the gravity and recurrence of these conducts.
  378. (1) mute : prevents you to speak on the in game chat box
  379. (2) ban : prevents you to access to the game
  380.  
  381. 12. Hyperlinks
  382.  
  383. You are granted a limited, non-exclusive right to create a text hyperlink to the Website for noncommercial
  384. purposes, provided such link does not portray Atelier 801 SARL or any of its products and services in a false,
  385. misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain
  386. any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right
  387. may be revoked at any time. You may not use a Atelier 801 SARL logo or other proprietary graphic of Atelier 801
  388. SARL to link to this Website without the express written permission of Atelier 801 SARL. Further, you may not use,
  389. frame or utilize framing techniques to enclose any Atelier 801 SARL trademark, logo or other proprietary
  390. information, including the images found at the Website, the content of any text or the layout/design of any page or
  391. form contained on a page on the Website without Atelier 801 SARL's express written consent. Except as noted
  392. above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent,
  393. trademark, copyright or proprietary right of Atelier 801 SARL or any third party.
  394. Atelier 801 SARL makes no claim or representation regarding, and accepts no responsibility for, the quality, content,
  395. nature or reliability of third-party Web sites accessible by hyperlink from the Website, or Web sites linking to the
  396. Website. Such sites are not under the control of Atelier 801 SARL and Atelier 801 SARL is not responsible for the
  397. contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites.
  398. Atelier 801 SARL provides these links to you only as a convenience, and the inclusion of any link does not imply
  399. affiliation, endorsement or adoption by Atelier 801 SARL of any site or any information contained therein. When you
  400. leave the Website, you should be aware that our terms and policies no longer govern. You should review the
  401. applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from
  402. the Website.
  403.  
  404. 13. Third Party Content
  405.  
  406. Atelier 801 SARL may provide or make available third party content on the Website or through the Service and may
  407. provide links to Web pages and content of third parties (collectively the "Third Party Content") as a service to those
  408. interested in this information. Atelier 801 SARL does not monitor or have any control over any Third Party Content
  409. or third party Web sites. Atelier 801 SARL does not endorse or adopt any Third Party Content and can make no
  410. guarantee as to its accuracy or completeness. Atelier 801 SARL does not represent or warrant the accuracy of any
  411. information contained therein and undertakes no responsibility to update or review any Third Party Content. Users
  412. use such Third Party Content contained therein at their own risk.
  413.  
  414. 14. Advertisements and promotions; Third-party products and Services
  415.  
  416. Atelier 801 SARL may run advertisements and promotions from third parties on the Website or may otherwise
  417. provide information about or links to third-party products or services on the Website. Your business dealings or
  418. correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or
  419. representations associated with such dealings or promotions are solely between you and such third party. Atelier
  420. 801 SARL is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings
  421. or promotions or as the result of the presence of such non- Atelier 801 SARL advertisers or third party information
  422. on the Website.
  423.  
  424. 15. Official Service and Beta Testing
  425.  
  426. The Game is designed for play only as offered through our Services at the Website. You agree not to access, create
  427. or provide any other means through which the game may be played by others, such as through server emulators.
  428. You agree not to use any hardware or software, including but not limited to third party tools, or any other method
  429. of support which may in any way influence or give you an advantage in the use of the Services which is not
  430. authorized by Atelier 801 SARL, including but not limited to the use of ‘bots’ and/or any other method by which the
  431. Service may be played automatically without human input. You acknowledge that you do not have the right to
  432. create, publish, distribute, create derivative works from or use any software programs, utilities, applications,
  433. emulators or tools derived from or created for the Game, except that you may use the Software to the extent
  434. expressly permitted by these Terms and the applicable EULA. You may not take any action which imposes an
  435. unreasonable or disproportionately large load on our infrastructure. You do not have ownership of and may not sell,
  436. transfer, trade or auction any Accounts, Cheese, Fraise or Proprietary Materials, nor may you assist others in doing
  437. so, except as expressly authorized by Atelier 801 SARL. Atelier 801 SARL does not recognize any transfers occurring
  438. outside of the Service of anything related to the Service.
  439. You may be given the opportunity to Beta test new Website features. Your participation as a Beta tester is subject to
  440. the terms and conditions below.
  441. You acknowledge that the you are using a preliminary, preview edition of the Websites features and that you are
  442. participating in a beta test thereof (the "Beta Test"), and that Website features may contain bugs, may not operate
  443. properly or perform all intended functions, may interfere with the functioning of other software applications, and
  444. may cause errors, data loss or other problems. Closed Beta Tests are confidential, and you agree to that all
  445. information about the Services and the Beta Test, including without limitation any comments, ideas or other
  446. feedback (collectively the "Feedback") you provide to Atelier 801 SARL regarding the Services or the Beta Test, shall
  447. be treated as confidential (the "Confidential Information"). You agree not to use the Confidential Information in any
  448. manner, except for your personal use for the sole purpose of testing Website features, and you agree to prevent and
  449. protect the Confidential Information, or any part thereof, from disclosure to any person.
  450. You further agree to take all steps reasonably necessary to protect the secrecy of the Confidential Information and
  451. to prevent the Confidential Information from falling into the public domain or into the possession of unauthorized
  452. persons. All Confidential Information shall remain the sole property of Atelier 801 SARL, and Atelier 801 SARL may
  453. use such Confidential Information for any purpose without any obligation to you. You will carry out the testing
  454. personally and not provide access to the Beta Test to any other person. You agree that breach of the above
  455. confidentiality obligations will cause irreparable harm to Atelier 801 SARL, and Atelier 801 SARL is entitled to (in
  456. addition to any other remedies available to it) ex parte injunctive relief without bond to prevent the breach or
  457. threatened breach of your obligations. Your obligation to keep the Beta Test confidential will continue until Atelier
  458. 801 SARL publicly distributes, or has otherwise disclosed to the public through no fault of yours, each of the
  459. content that you are testing.
  460. As a Beta tester, you are invited to participate in Beta Test for the sole purpose of evaluating new features and
  461. identifying errors. Nothing in these Terms, or on this Website, shall be construed as granting you any rights or
  462. privileges of any kind with respect to the Game or content that you find here.
  463. If you ever encounter a problem in the Game directly linked to your use of the Beta Test, you can contact us at:
  464. contact@atelier801.com
  465.  
  466. 16. Fees
  467.  
  468. Atelier 801 SARL may charge fees to acquire certain game items. To this end, Atelier 801 SARL may allow the
  469. purchase of in game "points" that may be applied to the purchase of in game items ("Fraise") .
  470. ANY APPLICABLE FRAISE, FEES AND OTHER CHARGES ARE PAYABLE IN ADVANCE AND ARE NON REFUNDABLE AND
  471. NONTRANSFERABLE, IN WHOLE OR IN PART, FOR ANY REASON. FRAISE HAVE NO MONETARY VALUE AND CANNOT BE
  472. REDEEMED FOR CASH.
  473. Atelier 801 SARL may, from time to time, modify, amend, or supplement its fees, billing methods and terms
  474. applicable to Fraise or to any purchases on the Website, and post those changes in these Terms, in separate Terms
  475. of Sale or in other terms or agreements posted on the Website or otherwise provided to you by Atelier 801 SARL.
  476. Such modifications, amendments, supplements or Terms of Sale shall be effective immediately upon posting on the
  477. Website and shall be incorporated by reference into these Terms. If any change is unacceptable to you, you may
  478. cancel your account at any time.
  479. If you claim a chargeback for any reason, we have the right to investigate and dispute such chargeback. If we
  480. believe that your chargeback requirement is spurious, unreasonable, or invalid, we may take the dispute to court. If
  481. your chargeback is deemed invalid, you agree to pay for all fees and costs resulting from the disputed chargeback,
  482. including but is not limited to legal fees and expenses, damages, monies lost due to non-operation, and
  483. chargeback fees.
  484. You may pay for Fraise by PayPal or Zong. For the time being, these are the only methods authorized by Atelier 801
  485. SARL.
  486.  
  487. 17. Interruption of Service
  488.  
  489. (a) Atelier 801 SARL reserves the right to interrupt the Service from time to time on a regularly scheduled basis or
  490. otherwise with or without prior notice in order to perform maintenance. You agree that Atelier 801 SARL will not be
  491. liable for any interruption of the Service, delay or failure to perform resulting from any causes whatsoever.
  492. (b) You acknowledge that the Service may be interrupted for reasons beyond the control of Atelier 801 SARL, and
  493. Atelier 801 SARL cannot guarantee that you will be able to access the Services or your Account whenever you may
  494. wish to do so. ATELIER 801 SARL shall not be liable for any interruption of the Services, delay or failure to perform
  495. resulting from any causes whatsoever.
  496. (c) Atelier 801 SARL has the right at any time with or without reason to change and/or eliminate any aspect(s) of the
  497. Services as it sees fit in its sole discretion.
  498. (d) Atelier 801 SARL is not be obligated to refund all or any portion of any Account fee (if any), by reason of any
  499. interruption of the Services by reason of any of the circumstances described in paragraph (a) or (b).
  500.  
  501. 18. Disciplinary Action/Account Termination
  502.  
  503. ATELIER 801 SARL MAY SUSPEND, TERMINATE, MODIFY, BLOCK ACCESS TO OR DELETE THE SERVICE OR ANY
  504. ACCOUNT AT ANY TIME WITH OR WITHOUT REASON, WITH OR WITHOUT NOTICE.
  505. Atelier 801 SARL may at its option issue warnings and temporary suspensions and permanent terminations of
  506. Accounts for user violations. We retain the sole discretion as to when and how to impose warnings, penalties and/or
  507. disciplinary actions. We consider the severity of the violation and the number of infractions in making our
  508. determination; however, any determination shall be under the absolute discretion of Atelier 801 SARL.
  509. Notwithstanding the foregoing, Atelier 801 SARL always retains the right to terminate or suspend your account at
  510. any time for any reason, or for no reason, with or without any warnings and with or without notice..
  511. For the avoidance of doubt, you herby acknowledge that Atelier 801 SARL has sole discretion with respect to
  512. termination of your Account, even if there are credits remaining on your Account. If you feel you or your Account
  513. has been unfairly warned or disciplined please contact us with a full detailed explanation.
  514. You have the right to terminate or cancel your Account at any time by delivering notice to Atelier 801 SARL. You
  515. understand and agree that the cancellation of your User Id is your sole right and remedy with respect to any
  516. dispute, including, but not limited to, any related to, or arising out of: (i) any term of this Agreement or Atelier 801
  517. SARL’s enforcement or application of this Agreement; (ii) the User Contents; (iii) your ability to access and/or use
  518. the Service or the Website; or (iv) the amount or type of fees, surcharges, applicable taxes, billing methods, or any
  519. change to the fees, applicable taxes, surcharges or billing methods.
  520. You may cancel your Account by delivering notice to Atelier 801 SARL by the contact form on the website, or by
  521. reaching a moderator.
  522. In the event your Account is terminated or canceled for any reason, or for no reason, no refund will be granted, no
  523. online time or other credits (e.g., points in an online game) will be credited to you or converted to cash or other
  524. form of reimbursement, and you will have no further access to your Account. Any delinquent or unpaid accounts or
  525. accounts with unresolved disputes must be settled before Atelier 801 SARL may allow you to register again.
  526.  
  527. 19. Indemnification
  528.  
  529. You agree to defend, indemnify and hold harmless Atelier 801 SARL, its independent contractors, service providers
  530. and consultants, and their respective directors, employees, agents, partners, affiliates, and subsidiaries, from and
  531. against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys'
  532. fees) arising out of or related to any User Content you post, store or otherwise transmit on or through the Website,
  533. your conduct, your violations of these Terms, any misuse of the Service, or your violation of the rights of any third
  534. party.
  535.  
  536. 20. Acknowledgements
  537.  
  538. You hereby acknowledge and agree that:
  539. (a) WHEN USING THE SERVICES, THE SOFTWARE MAY MONITOR YOUR COMPUTER'S RANDOM ACCESS MEMORY (RAM)
  540. AND/OR CPU PROCESSES FOR UNAUTHORIZED THIRD PARTY PROGRAMS RUNNING CONCURRENTLY WITH THE
  541. SOFTWARE. AN “UNAUTHORIZED THIRD PARTY PROGRAM” AS USED HEREIN SHALL BE DEFINED AS ANY THIRD PARTY
  542. SOFTWARE, INCLUDING WITHOUT LIMITATION ANY “ADD-ON” OR “MOD,” THAT IN ATELIER 801 SARL’S SOLE
  543. DETERMINATION: (i) ENABLES OR FACILITATES CHEATING OF ANY TYPE; (ii) ALLOWS USERS TO MODIFY OR HACK THE
  544. SOFTWARE INTERFACE, ENVIRONMENT, AND/OR EXPERIENCE IN ANY WAY NOT EXPRESSLY AUTHORIZED BY ATELIER
  545. 801 SARL; OR (iii) INTERCEPTS, “MINES,” OR OTHERWISE COLLECTS INFORMATION FROM OR THROUGH THE
  546. SOFTWARE. IN THE EVENT THAT THE SOFTWARE DETECTS AN UNAUTHORIZED THIRD PARTY PROGRAM, IT MAY
  547. COMMUNICATE INFORMATION BACK TO ATELIER 801 SARL, INCLUDING WITHOUT LIMITATION YOUR ACCOUNT
  548. NAME, DETAILS ABOUT THE UNAUTHORIZED THIRD PARTY PROGRAM DETECTED, AND THE TIME AND DATE THE
  549. UNAUTHORIZED THIRD PARTY PROGRAM WAS DETECTED; AND/OR AND ATELIER 801 SARL MAY
  550. EXERCISE ANY OR ALL OF ITS RIGHTS UNDER THIS SECTION OF THE AGREEMENT, WITH OR WITHOUT PRIOR NOTICE
  551. TO THE USER.
  552. (b) ATELIER 801 SARL MAY MONITOR OR RECORD YOUR CHAT SESSIONS AND OTHER ELECTRONIC COMMUNICATION
  553. TRANSMITTED OR RECEIVED THROUGH THE GAME OR THE SERVICE AND YOU CONSENT TO SUCH MONITORING OR
  554. RECORDING.
  555. (c) You may not hold ATELIER 801 SARL responsible for any loss resulting from your use of the Service or any in-
  556. game trading activities. You may not hold ATELIER 801 SARL responsible for any information that is passed between
  557. players. ATELIER 801 SARL does not guarantee the safe keeping of information that is passed between players and
  558. will not be held responsible for any resulting losses or consequences arising from the improper use of said
  559. information. You may not hold ATELIER 801 SARL responsible for any in-game feature or item loss. ATELIER 801
  560. SARL does not guarantee the availability of any in-game items, any Services or any levels to players.
  561.  
  562. 21. Disclaimer of Warranties
  563.  
  564. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
  565. (a) THE SERVICE, THE GAME, THE WEBSITE AND ALL MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN "AS IS"
  566. AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ATELIER 801 SARL
  567. AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS DISCLAIM ALL
  568. OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF
  569. MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SERVICE, THE
  570. GAME AND THE WEBSITE, INCLUDING ALL INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN. ATELIER
  571. 801 SARL DOES NOT REPRESENT OR WARRANT THAT THE SERVICE, THE GAME, THE WEBSITE OR THE MATERIALS
  572. CONTAINED THEREIN ARE ACCURATE, COMPLETE, RELIABLE, AVAILABLE, CURRENT OR ERROR-FREE. ATELIER 801
  573. SARL ALSO DOES NOT REPRESENT OR WARRANT THAT THE GAME, THE WEBSITE OR ITS SERVERS ARE FREE OF
  574. VIRUSES OR OTHER HARMFUL COMPONENTS.
  575. (b) ATELIER 801 SARL AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND
  576. LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE WEBSITE WILL BE
  577. UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
  578. (c) WHILE ATELIER 801 SARL ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SERVICE SAFE, ATELIER 801 SARL
  579. CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICE OR ITS SERVER(S) ARE FREE OF VIRUSES OR
  580. OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT
  581. AND DISINFECT VIRUSES FROM ANY DOWNLOAD. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED
  582. THROUGH THE USE OF THE WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY
  583. RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
  584. DOWNLOAD OF ANY SUCH MATERIAL.
  585. (d) A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT
  586. PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE WEBSITE OR THE SERVICE. CERTAIN
  587. CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY
  588. OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT
  589. YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT
  590. YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS,
  591. ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY
  592. MOVEMENT, OR CONVULSIONS.
  593. (e) REFERENCE TO ANY PRODUCTS, SERVICES, PROCESSES OR OTHER INFORMATION, BY TRADE NAME, TRADEMARK,
  594. MANUFACTURER, SUPPLIER OR OTHERWISE DOES NOT CONSTITUTE OR IMPLY ENDORSEMENT, SPONSORSHIP OR
  595. RECOMMENDATION THEREOF, OR ANY AFFILIATION THEREWITH, BY ATELIER 801 SARL
  596.  
  597. 22. Limitation of Liability
  598.  
  599. IN NO EVENT SHALL ATELIER 801 SARL, ITS DIRECTORS, MEMBERS, AFFILIATES, SUBSIDIARIES, EMPLOYEES OR
  600. AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES
  601. OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN
  602. ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR
  603. IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE WEBSITE, THE SERVICE, THE GAME OR ANY OF
  604. THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE WEBSITE OR THE SERVICE,
  605. INCLUDING WITHOUT LIMITATION ANY DAMAGES CASED BY OR RESULTING FROM RELIANCE BY USER ON ANY
  606. INFORMATION OBTAINED FROM ATELIER 801 SARL, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS,
  607. DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY
  608. FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT,
  609. DESTRUCTION OR UNAUTHORIZED ACCESS TO ATELIER 801 SARL'S RECORDS, PROGRAMS OR SERVICES.
  610.  
  611. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ATELIER 801 SARL, WHETHER IN CONTRACT, WARRANTY, TORT
  612. (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER
  613. THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICE, THE WEBSITE OR ANY OF
  614. THE GAME EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO ATELIER 801 SARL FOR ACCESS TO OR USE THEREOF.
  615. Some states do not allow the foregoing limitations of liability, so they may not apply to you and in such a case you
  616. agree that ATELIER 801 SARL’s (or any such other released parties) liability to you shall be limited to the maximum
  617. extent permitted by law. You agree that Atelier 801 SARL cannot be held responsible or liable for anything that
  618. occurs or results from accessing or subscribing to the Services.
  619.  
  620. 23. Repeat infringer Policy
  621.  
  622. Atelier 801 SARL has adopted a policy of terminating, in appropriate circumstances and at Atelier 801 SARL's sole
  623. discretion, subscribers or account holders who are deemed to be repeat infringers. Atelier 801 SARL may also at its
  624. sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual
  625. property rights of others, whether or not there is any repeat infringement.
  626.  
  627. 24. Copyright Complaints
  628.  
  629. If you believe that anything on the Site infringes upon any copyright which you own or control, you may file a
  630. notification of such infringement with the contact form on the website or with: contact@atelier801.com
  631. We may give notice of a claim of copyright infringement to our users by means of a general notice on the Site,
  632. electronic mail to a user's email address in our records, or by written communication sent by first-class mail to a
  633. user's address in our records.
  634.  
  635. 25. General
  636.  
  637. This Agreement is governed by and shall be construed and enforced under the French laws, without applying any
  638. conflicts of law principles which would require application of the law of any other jurisdiction. Atelier 801 SARL and
  639. you each hereby irrevocably consent to the jurisdiction of the courts of Lille for all purposes in connection with any
  640. action or proceeding which arises out of or relates to this Agreement and agree that any action or proceeding
  641. instituted under this Agreement shall be brought only in the courts of Lille. Our failure to act with respect to a
  642. breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Except as
  643. otherwise permitted herein, you may not assign or transfer this Agreement or your rights hereunder, and any
  644. attempt to the contrary is void. If any provision of this Agreement shall be unlawful, void, or for any reason
  645. unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity
  646. and enforceability of any remaining provisions. The section headings used herein are for reference only and shall
  647. not be read to have any legal effect.
  648.  
  649. 26. Closing
  650.  
  651. Thank you again for visiting our Website. We hope you enjoy your stay and take full advantage of the online
  652. community we are developing. Please remember that you are a guest at the Website and act with the same courtesy
  653. and respect you expect from other guests. Atelier 801 SARL always reserves the right to refuse or terminate service.
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