GENERAL TERMS AND CONDITIONS OF USE
These general terms and conditions of use were updated on October 26th 2015.
Purpose
The purpose of these General Terms and Conditions of Use (hereinafter the ‘General Terms and Conditions’) is to set out the terms and conditions pursuant to which the services contained in the applications that the Company publishes (hereinafter the ‘Applications’) are offered to any user (hereinafter the ‘User’) on its websites and mobile websites and in stores, such as ‘Google Play’ or ‘Apple Store’ (hereinafter the ‘Sites’). These services enable the User to install a racing games (hereinafter the ‘Service’) on a presently existing or future or mobile terminal connected to a radio telecommunications network (including, in particular, any smartphone, connected tablet) enabling access to the Service (hereinafter the ‘Terminal’).
Any use whatsoever of the Applications shall be deemed full acceptance, without reservation, of these General Terms and Conditions.
Information required by law
The Applications, websites and mobile websites (other than stores such as ‘Google Play’ or ‘Apple Store’) are published by Digital Virgo Entertainment, a French société par actions simplifiée (SAS) (simplified joint stock company) with share capital of €497,040, registered in the Aix-en-Provence Trade and Companies Register under number B 430 325 811/EU VAT no. FR 80 430 325 811, whose registered office is located at 350 rue Denis Papin – Parc de la Duranne – Domaine du Tourillon – 13100 Aix-en-Provence – France (hereinafter the ‘Company’).
Publishing Director:
Guillaume Briche
Site hosting services:
Application hosted by GOOGLE Inc., 1600 Amphitheatre Parkway, Moutain View, CA 94043, Etats-Unis
Telephone: +1 650 253 0000
Fax : +1 650 253 0001
Or
Application hosted by APPLE Inc, 1 Infinite Loop, Cupertino CA 95014, Etats Unis.
Telephone: +1 408-996-1010
Customer Service:
For any question or to obtain information about these General Terms and Conditions or the Applications, the User may contact our Customer Service department:
By post: Service Client, Libre Réponse 94119, 13629 Aix-en-Provence 1, France (no postage necessary)
By e-mail: customer@the-tube-project.com.
By telephone: 09 70 34 03 53
Access to Services
The Service that the Company offers on the Site is free of charge or, if applicable, is offered pursuant to the financial terms specified on each Site.
A User who wishes to subscribe to the Service must visit the Site and click on the Application he/she wishes to download. He/she must then follow the instructions given on the Site and/or Application.
Access to the Services is immediate, provided, however, the internet and Terminal and/or any computer equipment of the User connected to the internet are operating properly.
The Company shall in no event be liable if the Application is not received, in particular if these conditions are not met, as the Company has no control over the internet or the User’s computer and telephone installations.
If a fee is required for the Services, in accordance with Article L.121-21 of the French Consumer Code (Code de la Consommation), we hereby inform the User that he/she has a period of fourteen clear days as from the date of the acceptance of and subscription to the Service to exercise his/her right of withdrawal, without the need to provide a reason and without incurring any penalty, except the cost of return shipment, if applicable.
The fourteen (14) days shall run from the date of conclusion of the contract.
To exercise his/her right of withdrawal, the User must notify the Company of his/her decision through an unambiguous statement to send to the Company at the earliest by:
• email sent at the address mentionned on the concerned Site.
Or by
• mail sent to the following address (requires no stamps) :
Service Client Libre Réponse 94119 – 13629 Aix en Provence cedex 1 – France
The User must specify in his/her request the following in order to allow the treatment of:
– the User’s complete contact details (first name and surname, postal address, e-mail address);
– the name of the Application downloaded and the Site from which the Application was downloaded;
– the nature of the claim;
– the payment method used;
– the User’s telephone number as entered into the Site or Application;
– a bank details.
An acknowledgment of receipt is sent by email when Company becomes aware of the application for withdrawal.
In case of withdrawal from the User, the Company will reimburse all payments received from him not later than fourteen days after the date on which the Company is informed of its decision to withdraw from this contract.
Provisions applying to games’ services “TUBE PROJECT”
The User who downloaded TUBE PROJECT Application can play to the racing game with unlimited access.
The game consists of a race of spaceship in a tube; Users who wish to move forward quickly in the game will be able to purchase within the Application options allowing them to continue to play without start from scratch, to improve their ship, for example.
In addition, Users can purchase an option within the Application which allow them to enjoy of the Application without advertising.
Users can share their scores on the social network « Facebook » or invite friends to come and play the game.
Users can uninstall the Application from their Terminal at any time.
Use by minors or at work
Users must be of legal age to download Applications. The Company shall not be liable for downloads by Users who violate this rule.
Therefore, minors must obtain their parents’ permission (or the permission of their legal guardians) before downloading or ordering the Applications offered on the Site(s).
Users must request authorisation from their employer or supervisor if the Site(s) are used at their workplace.
Exclusion of liability
The Company offers no express or implied warranty, and assumes no liability, with respect to the use of the Site and/or the Application. The company assumes no responsibility in the event of breakage of the Terminal when Users use the Application (in the event the Terminal falls by playing with the Application, for example); similarly, the company assumes no responsibility in case of nausea, travel sickness and/or epileptic seizure of the user. The use of the Application is not recommended to Users subject to these diseases.
Neither the Company nor any third party involved in the creation of the Application or Site shall in any event be liable or owe any compensation to a User or any other party for direct, indirect, consequential, special or ancillary losses incurred due to the use of the Application or Site, or any other site linked by a hyperlink, in particular loss of profits, losses due to business interruption or losses due to loss of programs or other data from the User’s management information system or anywhere else. The User’s connection to any other external site shall be at his/her own risk.
The Site and/or the Application may contain images of and links to sites managed by third parties (‘Third-Party Sites’). The Company has no control over Third-Party Sites and assumes no liability with respect to their content. In particular, the Company assumes no liability for the content of links displayed on Third-Party Sites or for modifications or updates to Third-Party Sites. The Company shall not be liable for any material distributed over the internet or using any other form of transmission that is received from a Third-Party Site, or for a malfunction of Third-Party Sites. The Company provides such links for the User’s convenience only, and the inclusion of a link does not mean that the Company approves the content of such Third-Party Sites or that there is any association between the Company and the operators of said sites. Users are responsible for reviewing any privacy policy posted on Third-Party Sites, as well as their terms and conditions of use, and for complying therewith.
The Company endeavours to deliver the Services as quickly as possible. However, the Company must use the services and distribution networks of third-party companies, over which it has no influence with respect to availability. Accordingly, the Company shall not be liable in the event the User experiences delays in accessing the Services, or in the event of a temporary or permanent interruption in data transmission to the User’s Terminal if such interruption is not attributable to the Company. The Company reserves the right to temporarily suspend access to the Services for Site maintenance and repairs.
Use of the Services requires use of certain technical systems, such as a Terminal, computer programs, means of transmission, telecommunication services and other services of third-party companies, which may entail additional costs. Such costs shall be borne by the User. The Company does not supply any of these technical systems and shall in no event be liable therefor.
Intellectual property rights
The Company offers Applications that it produces itself, as well as Applications licensed from third-party companies, which are protected by intellectual property rights.
Consequently, Applications downloaded are for Users’ personal use only. No reproduction, modification, transmission, sale or sub-license is authorised.
The figurative or other trademarks (hereinafter referred to collectively as the ‘trademarks’) displayed in the Applications or on the Sites, or in any newsletter, are registered or unregistered trademarks owned by the Company and third parties. Reference to trademarks in these Applications or on these Sites shall in no event be deemed an express or implied granting of any right of use, licence or authorisation with respect to said trademarks, without the written agreement of the Company or relevant third party. Any use of the trademarks referred to in the Applications or on the Sites, or the content thereof, that is not expressly authorised by the trademark holders, other than as granted under these General Terms and Conditions, is strictly forbidden. The Company hereby advises Users that it is entitled to take legal action, including before the criminal courts, to protect its intellectual property rights.
All rights of authors, composers, music publishers and all holders of neighbouring rights in the works reproduced and distributed in these Applications and/or on these Sites are reserved. Any use of said works other than as described in these General Terms and Conditions is forbidden.
Right of access to personal data files
The User is solely responsible for the data he/she provides.
In accordance with the French Data Protection Act, Act no. 78-17 of 6 January 1978, the User is hereby informed that the information provided in connection with the Service is necessary to use the Application. Such information enables the Company inter alia to manage provision of the Service and the customer relationship.
Such information is intended solely for, firstly, the Company and its contractual partners for the requirements of providing the Service and, secondly, its service providers.
Some of these recipients are located outside the European Union, specifically in Mauritius and Morocco. These recipients will receive inter alia the following data: the first name, surname and address of prospective users and/or Users; the telephone number of prospective users and/or Users (including user names); the e-mail address of prospective users and/or Users; the identity of prospective users and/or Users; invoices of electronic communications operators (mobile telephone, landlines and internet access providers); and copies of identity documents, if applicable.
This data is transferred to recipients located outside the European Union for the purpose of managing (i) the provision of the Services and (ii) the customer relationship.
The Company reports data transfers outside the European Union to the French National Data Protection Authority (CNIL), and such data transfers are governed by the standard contractual clauses approved by the European Commission.
In accordance with Articles 38, 39 and 40 of the French Data Protection Act, Act no. 78-17 of 6 January 1978, as amended by the Act of 6 August 2004, Users have the right to oppose the use of, and to access, correct and delete, any personal data about them that the Company obtains during their use of the Service. Users may exercise this right by sending an e-mail to the address specified on the Site from which the Application was downloaded or to the address specified on the relevant Site, or by writing to the following postal address: Service Client, Libre Réponse 94119, 13629 Aix-en-Provence 1, [France].
The User is hereby informed that by entering his/her telephone number and/or e-mail address, he/she authorises the Company to send him/her offers for products and services it markets on its own behalf or through partner publishers.
To unsubscribe from the special offers of the Company and its partners (received inter alia by e-mail), the User may write to the e-mail address above or click on the unsubscription link in the newsletter.
In addition, if the User does not wish to receive offers from the Company about its products and/or services, he/she may send the keyword ‘STOP’ to the short number specified in the advertising.
The personal data described above is reported to the French National Data Protection Authority under numbers 1627091v0, 1625178 v0 and 6534.
Cookies
Cookies are data files sent to a web browser and stored on the computer’s hard drive. They do not allow internet users who visit the Sites to be identified directly. However, they record information about the computer’s navigation on the Sites (pages visited, date and time of the visit, etc.), which the Sites can read during subsequent visits. The computer stores an identification code in the cookie. The cookie only stores the identification code in its memory, and no other personal information about the User.
Data collected using cookies enable inter alia improvement of the quality of the Sites to make them more attractive or functional and to facilitate navigation thereon. More specifically, localisation data collected using cookies enables personalised Services to be provided.
The length of time during which this information is stored on the User’s computer depends on the Site(s) visited. After a cookie has been stored on his/her computer, the User may receive, or see displayed, advertising for products and services offered by the Company, its partners or subsidiaries of the Digital Virgo Group. Such advertising is broadcast under the sole responsibility of the relevant partners or advertising agencies.
The Company hereby informs the User that he/she may prevent cookies from being stored on his/her computer by configuring his/her web browser to inform him/her when cookies are sent to his/her computer. For example:
For Mozilla Firefox:
- Select the ‘Tools’ menu, then ‘Options’
- Click on the ‘Privacy’ icon
- Find the ‘Cookies’ menu and select the options appropriate for you
For Microsoft Internet Explorer:
- Select the ‘Tools’ menu, then ‘Internet Options’
- Click on the ‘Privacy’ tab
- Select the level desired using the slider
For Opera 6.0 and higher:
- Select ‘Files’ > ‘Preferences’
- Privacy
If the User uses another web browser, he/she should review the software’s options for disabling cookies. In general, cookies can be disabled in the ‘Options’ menu of the software. For additional information, the User should study the assistance provided with his/her web browser.
However, if cookies are disabled, the User may no longer be able to (i) access certain areas of the Site or (ii) use certain Services. In addition, our partner’s cookies may be placed on the Site.
The User also acknowledges that during navigation of the mobile internet, certain mobile websites may store cookies on his/her mobile terminal. Similarly to the Sites, these cookies store information about the User’s navigation. The length of time during which this information is stored in the User’s mobile terminal depends on the mobile website visited. After a cookie has been stored on his/her mobile terminal, the User may receive, or see displayed, advertising for products and services offered by the Company. Such advertising is broadcast under the sole responsibility of the relevant partners or advertising agencies.
The Company hereby informs the User that he/she may prevent cookies from being stored on his/her mobile terminal by configuring said mobile terminal appropriately. To do so, the User should go to his/her mobile terminal’s menu, tap the ‘Settings’ function and then delete cookies. This procedure is specific to each mobile terminal model.
Please note that, provided the User’s consent is obtained, the Company’s partners may also use cookies, to which the relevant partner’s privacy policy applies.
Claims
Claims made by the User against the Company may only concern events within the twelve months prior to the date said claims are received. Claims must be made in writing and sent:
– by post to the following address:
Service Client, Libre Réponse 94119, 13629 Aix-en-Provence 1, France (no postage necessary)
– or by e-mail to the address provided on the relevant Site.
The Company shall not be required to consider claims sent to it by any other means.
To be valid, claims shall include at least the following information:
– the User’s complete contact details (first name and surname, postal address, e-mail address);
– the name of the Application downloaded and the Site from which the Application was downloaded;
– the nature of the claim;
– the User’s telephone number as entered into the Site or Application.
Disputes
These General Terms and Conditions shall be governed by French law.
In the event of a dispute with respect to the interpretation, performance and/or validity of these General Terms and Conditions that cannot be resolved amicably, the legal principles concerning jurisdiction shall apply.