EU_FUZEFORGE_CGU_Smartmob

GENERAL CONDITIONS OF USE AND SALE

These general terms of use and sale are up to date as of April 8, 2019.

1. Purpose

The purpose of these General Terms and Conditions of Use and Sale (hereinafter the « General Terms and Conditions ») is to govern the conditions under which the service on a per-item basis or the subscription service (hereinafter the « Services ») presented on the www.fuzeforge.shop website (hereinafter the « Website ») is offered to all users (hereinafter the « Customer ») on its websites, mobile websites and stores such as « Google Play » or « Apple Store » (hereinafter the « Websites »). These services allow the Customer to purchase and download unlimited entertainment games from 1,000 PC games and 1,000 HTML/Android, access to newspaper articles and applications (hereinafter the « Content ») on their present or future fixed or mobile terminal connected to a radio telecommunication network (including in particular any computer, smartphone, connected tablet, compatible connected TVs) allowing access to the Service (hereinafter « Terminal »).

Any order placed by the Customer on the Website, as well as any use of the Website whatsoever, implies full and unconditional acceptance of these General Terms and Conditions.

2. Legal Notices

The Website is operated by DIGITAL GLOBAL PASS, a French Société par Actions Simplifiée (simple form of limited company) registered in France whose registered office address 350 road Denis Papin – Parc de la Duranne – Domaine du Tourillon – 13100 Aix-en-Provence under Number 390 944 429.

We provide Games which are accessible over the internet through the Website (the « Service »). In this Agreement references to « we », « us », « our » and any similar expression shall include the Company and any of its affiliates. This Agreement is to be entered into between the customer (you) and us

Website Host:

Amazon Web Services EMEA SARL
38 avenue John F. Kennedy, L-1855 Luxembourg

Telephone number: 00352 2789 0057
http://aws.amazon.com

Telephone: +33 (0)811 656 111.

Customer Service:

For any question or information relating to these General Terms and Conditions, the Customer may contact our Customer Service Department:

By mail: Customer Service – Libre Réponse 94119, 13629 Aix en Provence 1, France (the sending of the letter does not require postmarking)

By email at this Website by clicking on the « contact » link at the bottom of each page of the Website or by sending an email to: customer@fuzeforge.shop

3. Registration Pathway

3.1 Purchase on a Per-Item Basis or by Subscription

The Content offered by the Company on the Website is accessible either on a per-item purchase basis or by subscription.

Customers wishing to subscribe to the Service must go to the Website and click on the Content they wish to download. They must then follow the instructions on the page and complete the requested information, specifically: their email address and click on download to validate their request.

The Content is delivered by email to the Customer and to their members area created at the time of registration or at the conclusion of the purchase or subscription and is invoiced to them via bank card or PayPal account.

3.2 Purchase of Content on a Per-Item Basis

In the event that the Customer wishes to make a purchase on a per-item basis, the Customer must select the desired Content and follow the instructions on the payment page. Purchases on a per-item basis can only be made using a bank card or by PayPal. The Customer must then complete their bank card details on the payment page or login credentials enabling them to connect to their PayPal account. Once the payment has been made, at the conclusion of the purchase on the summary of their order or in their members area, they may access the Content.

The price for each item of Content is indicated on its presentation page and on the payment page. The Customer then agrees to pay the sum indicated in order to download the Content. In addition, when Customer purchases Content on a per-item basis, regardless of the method of payment, the Company offers its Customers a Premium subscription card that allows them to obtain up to a 20% discount on the net price displayed on all the games in the catalogue.

3.3 Purchase of Subscription Content

The subscription process is specified in the “Delivery” subsection of this document.

Once their subscription has been validated, regardless of the invoicing method chosen, the Customer will receive an email from the Company summarizing their login credentials and password to access their members area on the Website.

A subscription is entered into for monthly periods and is tacitly renewable by subsequent period of one week or one month until termination by the Customer under the conditions mentioned in the article « Cancellation of Subscription of Right of Withdrawal » herein.

Downloads are paid by debiting from the Customers bank card or Paypal account.

4. Delivery

The Customer chooses the Content that they wish to download from the Content offered to them by the Company via a page to which access is delivered directly to their members area. After selecting the Content of their choice, the Customer will therefore be required to enter their email address, enabling them to receive an email from the Company containing a code and a link through which they can download the Content to which they are entitled as part of their purchase or as part of their subscription.

For purchases made on a per-item basis, the Customer shall pay the amount due through payment by bank card or by PayPal by providing the relevant contact details. Once the payment has been made, the Customer will receive an email containing a link and an access code so that they can retrieve the Content ordered.

Delivery times are those specified below.

The Content shall be delivered by electronic download via the Internet. The delivery of Content shall only take place in mainland France (including Corsica). The Customer will directly download the chosen Content to their PC, Mac, or Linux computer, with the download being done immediately from the download webpage, provided, however, that the Customer’s Internet and the hardware connected to the Internet are working properly.

In the event of non-receipt of the Content, the Company may not under any circumstances be held liable, particularly if these conditions have not been complied with, as the Company does not control the Customer’s Internet network or their IT or telephone installation. Customer is responsible for verifying the Content upon receipt.

5. Financial Provisions

The prices set out below are indicative only and do not include any promotions that may be available.

5.1 Provisions Applicable in the Event of Subscription by Bank Card and by PayPal

In the event of payment by direct debit by bank card, the Customer shall be invoiced €9.99 per month by direct debit from their bank card or their PayPal account directly on the Website. When the Customer subscribes to the offer at €9.99 and pays using their bank card or PayPal account, the Customer may benefit from three free subscription days. The three subscription days extend the initial duration of the Customer’s subscription under the same conditions;

This method of payment is carried out in several stages as specified on the Website.

6. Cancellation of Subscription and Right of Withdrawal

6.1 Cancellation of Subscription

The Customer wishing to cancel their subscription from the Service must click here.

6.2 Right of Withdrawal

6.2.1 Exercise of the Right of Withdrawal

In accordance with the legislation in force in area of consumers’ rights, we hereby inform the Customer that they have a period of fourteen (14) clear days from acceptance of and subscription to the Service to exercise their right of withdrawal without having to provide any justification for the said withdrawal or pay any penalties, with the exception, where applicable, of the return costs.

The fourteen (14) days period shall run from the date on which the agreement is entered into.

To exercise their right of withdrawal, the Customer must notify us of their decision by means of a clear declaration to be sent to us as soon as possible:

by e-mail: customer@fuzeforge.shop
by regular mail to be sent to the following address (does not require postmarking): Customer Service, Libre Réponse 94119 – 13629 Aix en Provence cedex 1

The Customer must specify in their request the following items in order to enable their processing:

the full contact details (last name, first name, postal address, email address) of the Customer;
the name of the relevant department;
the subject of the request;
the Customer’s email address as provided at the time of subscription;
the payment method used;
bank account details.

An acknowledgment of receipt is sent to the Customer by email when we receive their request for withdrawal.

The Customer is informed that in accordance with the legislation in force in the area of consumers’ rights, no right of withdrawal may be exercised in connection with the purchase of audio or video recordings or computer software from the moment in which they have been unlocked by the consumer after delivery.

Accordingly, the Customer acknowledges that they do not have the right to cancel any purchase made on per-item basis or when the digital product supplied by DVE has been unlocked by the Customer.

6.2.2 Refund

In the event of withdrawal by the Customer in respect of these General Terms and Conditions, we shall refund all payments received by the Customer no later than (14) fourteen days from the day on which the Company is informed of their decision to withdraw from this agreement.

7. Use by a Minor or in the Workplace

Customer must be an adult to download Content. The Company will not be liable for downloads by Users who violate this rule.

Consequently, minors must obtain the authorization of their parents (or persons with parental authority over the minor) before downloading or ordering the content presented on the Website(s). The Company reserves the right to request written proof at any time and to carry out any necessary checks.

For use at the workplace, the Customer must request permission from their employer or supervisor.

8. Liability

8.1 Subscriber’s Liability

If requested, the Customer undertakes, during the subscription process, to provide complete and truthful information.

The Customer is solely responsible for the use they makes of their access to their Internet network and their mobile telephone line. Therefore, any subscription to the Service made through their mobile phone line and/or Internet access is deemed to have been made exclusively by the Customer.

The Customer is authorized to subscribe to the Service and to use the Service exclusively for their personal use.

Use of the Service for commercial or promotional purposes is prohibited.

The Customer is also prohibited from:

assigning, transmitting, transferring reproductions of the Content, assigning, offering, making available, renting the Content(s), by any means whatsoever;
publishing, online or otherwise, or distributing any image, sound, file, graphic, animation or any other element of any Content;
using the Service in a manner that may directly or indirectly infringe the Publisher’s or a third party’s intellectual property rights, and that may in particular violate or infringe one’s honor, personal or family privacy, the image of third parties or morality;
extracting by permanent or temporary transfer all or a quantitatively or qualitatively substantial part of the database comprising the Service on another medium, by any means and in any form whatsoever, as well as the reuse by public communication of all or a quantitatively or qualitatively substantial part of the Content, in any form whatsoever;

8.2 Company Liability

The Customer acknowledges in particular that they may not hold the Company liable in the event that they believe that the Service and/or their Content does not comply with their expectations.

Notwithstanding any exemption from liability stipulated elsewhere in these General Terms and Conditions, the Company shall not be liable in particular in the following cases:

difficulties in accessing the Service due to total or partial non-compliance by the Customer of its obligations, the use by the Customer of terminal equipment not suited to the characteristics of the Service or the Content offered, a failure and/or overload of telecommunications networks or due to third parties, and in particular telephone operators;
contamination by virus or any other risk factor related to the Content, Service and the Customer’s equipment, or other malicious intrusion by third parties despite the reasonable security measures put in place by the Company;
improper use of the Service by the Subscriber;
damage that the Customer’s equipment may suffer, which the under the sole responsibility of the Customer.

The Company shall not be liable for any interruptions to the Services due to causes not directly attributable to it and/or beyond its control, for example due to a malfunction of the telephone network.

The Service may be suspended by the Company for maintenance purposes for periods not generally exceeding 48 hours, without the Customer being able to demand any compensation.

It is expressly agreed that if the Company’s liability were to accept liability, it would in any event be limited to repairing only the direct losses, to the exclusion of any indirect losses, whatever they may be (such as, notably, disappearance, loss, damage to data and/or any damage likely to alter the Customer’s equipment).

The Company shall endeavor to deliver the Content ordered as quickly as possible. However, in order to use the services and distribution networks of third-party companies over which the Company has no influence in terms of availability, the Company shall not be liable for any delays in the transfer of the Content ordered by the Customer on a per-item basis or by subscription, nor for a temporary or permanent interruption of the transmission of data to the Customer’s mobile phone or computer if this is not the doing of the Company. The Company reserves the right to temporarily suspend access to the Content for maintenance and repair work on the Website.

Use of the Content available at the Company requires the use of certain technical systems such as mobile phones, computers, computer programs, means of transmission, telecommunication services and other services of third-party companies, which may incur additional costs. These costs shall be borne by the Customer. The Company does not provide any of these technical systems and is not responsible for them.

9. Intellectual Property Rights

9.1.1. Elements Belonging to the Company

These General Terms and Conditions do not include any transfer of any type of intellectual property rights over the Content belonging to the Company.

The Content, trademarks, designs, models, images, text, photos, logos, graphic charts, software and programs, databases, sound, videos, domain names, design or any other element composing the Content, with the exception of third-party elements defined below, are the exclusive property of the Company and are protected by any intellectual or industrial property right recognized by current laws.

Any reproduction and/or representation, in whole or in part, of any of these rights without the express authorization of the Company is prohibited and would constitute an infringement.

Consequently, the Customer shall refrain from any act likely to directly or indirectly infringe the Company’s intellectual property rights.

9.1.2. Elements Belonging to Third Parties

Items belonging to third parties, such as excerpts of films, trademarks, logo, images, texts and sounds, without this list being exhaustive, are the exclusive property of their author and are protected as such by copyright, trademark law or any other right recognized by the laws in force.

The Customer shall refrain from directly or indirectly infringing the property right of third parties, whose content is present on the application and shall refrain from using these elements in any way whatsoever.

The Customer undertakes to respect all third-party rights, whose content is present on the application.

10. PERSONAL DATA

10.1. Whereas

The following information is provided to you so that you can take notice of the commitments in terms of the protection of the Company’s personal data, the rights you have in this respect, and the conditions under which your personal data are collected, processed, stored and archived.

All of the Company’s commitments are described in its applicable personal data protection policy (the data protection policy) available on request from the following address: service-rgpd@digitalvirgo.com or on the website www.info.digitalvirgo.com/personal data. .

As part of its activities, the Company carries out automatic processing of personal data (hereinafter “processing”) concerning you. Accordingly, the Company may collect your personal data when it:

offers you services;
responds to your requests regarding the use of its services

10.2. Personal Data Processed by the Company

10.2.1. Categories of Personal Data Processed

In the context of your contractual or commercial relationship with the Company in the following categories of personal data are principally collected:

declarative personal data (data that the Company may collect when you subscribe for products and services it provides or distributes or reports to its partners);
Personal data on the operation of products and services, in particular when using online services;
Personal data from third parties, other services or public information when allowed;
Personal Data inferred or calculated by the Company in compliance with data protection requirements.

Provisions relating to cookies or tracers are contained in the « cookies » policy available on the website www.info.digitalvirgo.com/informations-cookies/

As a matter of principle, the Company does not process personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs or trade union membership, health data, genetic data and biometric data for the purpose of uniquely identifying a natural person, or data concerning a natural person’s sex life or sexual orientation. Such processing will only be implemented by the Company, if authorized by regulation or if you have expressed your consent, for example by subscribing or consuming services for that purpose, such as community services or meetings, or by choosing to provide them to us.

10.2.2. The Legal Basis for the Collection of your Personal Data

In compliance with data protection regulations[1], the Company collects your personal data and implements a processing respecting the rights of its customers on the basis of your consent, where necessary for the performance of pre-contractual or contractual measures, to comply with its legal or regulatory obligations or where justified by its legitimate interests.

By way of example, the following are considered to be in the legitimate interests of the improving of the knowledge, segmentation, profiling or prospecting of its customers.

The legal and regulatory requirements facing the Company are described in its Personal Data Protection Policy.

10.2.3. Duration of Data Retention

Personal data are stored in accordance with the duration required for the purposes for which they are collected, either during the term of the agreement, supplemented by legal requirements, or to ensure compliance with the legal or regulatory obligations to which the Company is bound.

The retention periods for personal data are specified in the personal data protection policy available on the website www.info.digitalvirgo.com/personal data. .

10.2.4. Recipients of Personal Data Processed by the Company

The personal data collected, as well as the personal data subsequently gathered by the Company, is intended for the Data Controller. As such, it ensures that only authorized persons can access it.

Your data may be communicated, shared or pooled by companies in the Digital Virgo group. They may be communicated to their service providers, partners, third parties you have authorized or to third parties in order to meet legal or regulatory obligations or for the execution of contractual measures.

The third parties likely to be recipients of your data are listed in the personal data protection policy.

The Company is not responsible for the processing of your personal data which you may have authorized to third parties and which are not shared with them, such as social media. It is your responsibility to refer to the data protection policies of these third parties to verify the conditions of the processing carried out or to exercise your rights in respect of this processing.

10.3. Purposes of Processing

The personal data collected will be used for the purposes indicated in the personal data protection policy available on the website, such as the use of the services offered by the Company and the management of access to the service.

10.4. Security Measures

The Company takes into consideration the nature of the personal data and the risks involved in the processing and the technical, physical and organizational measures necessary to preserve the security of the personal data and prevent it from being distorted, damaged or accessed by unauthorized third parties.

The Company selects subcontractors or service providers that provide guarantees in terms of quality, security, reliability and resources to ensure the implementation of technical and organizational measures, including with regard to the security of processing. Sub-contractors and service providers undertake to maintain confidentiality levels that are at least the same as those of the Company.

To secure transfers outside the European Union, the Company may, for example, put in place Binding Corporate Rules (BCR) or any other clauses guaranteeing data security, in order to control flows. Where applicable, flows outside the European Union implemented by the Company are covered by the personal data protection policy available at the following address: www.info.digitalvirgo.com/personal data.

10.5. Your Rights

Your rights with regard to the protection of your personal data apply exclusively in accordance with the terms and conditions provided for in the personal data protection policy available on the website and by the regulations relating to the protection of personal data.

On this data, you have dedicated rights:

a right to information relating in particular to the purposes, legal bases for the processing, the recipients, the existence of a transfer outside the European Union or the duration of the retention of your data;
a right of access allowing you to have confirmation that personal data about you is being processed;
a right of rectification allowing your data to be rectified or supplemented;
a right to erasure where: your personal data are no longer necessary for the purposes for which it was collected; you have withdrawn your consent; you object to the processing concerning you; the processing does not comply with the applicable legal and regulatory provisions; and where the personal data relates to children under the age of 16 in some cases, provided that one of the legal conditions does not apply;
a right to data portability relating to personal data, which does not infringe the rights and freedoms of third parties and exclusively under the conditions set out in the data protection policy;
a right to object;
a right to limit data, in particular when the processing is unlawful;
a right to complain to the designated supervisory authority, the CNIL;
a right to set instructions concerning the retention, erasure and communication of your data after your death to a trusted third party designated by decree.

The Company would like to inform you that failure to complete or change your data may have consequences for the processing of certain requests in the course of the contractual relationship, and that your request in connection with the exercise of your rights will be retained for monitoring purposes.

These rights may be exercised electronically to the following address service-rgpd@digitalvirgo.com or by mail to the following address Service GDPR, 350 rue Denis Papin 13 594 Aix en Provence Cedex 3 accompanied by a copy of any identity document that you have signed.

The Company has appointed a Data Protection Officer with the following contact details: service-rgpd@digitalvirgo.com

10.6. Profiling and Scoring

During your relationship with the Company, you may be subject to marketing profiling, so that the Company may offer services and products that meet your expectations, profile and needs.

10.7. Promotion of Services

Subject to legal exceptions, the Company may only send you information about its services and products if the said services or products are similar to those to which you have already subscribed to or stated at the time of collecting the email address or your personal contact details. You can unsubscribe at any time by clicking on the link in the email or by answering STOP with the SMS received.

11. Cookies

The User is invited to refer to the provisions relating to this subject from the Website menu (Cookies).

12. Complaints

Any complaint submitted by the Customer to the Company may only relate to the twelve months preceding the date of receipt of said complaint. It must be made in writing and sent:

or by mail to the following address:

Customer Service – Libre Réponse 94119, 13629 Aix en Provence 1, France (the sending of the letter does not require postmarking)

or by sending an email to customer@fuzeforge.shop.

The Company shall not be required to take into account any requests made by other means.

To be admissible, any request must include at least the following information:

the full contact details (last name, first name, postal address, email address) of the Customer;
the name of the relevant department;
the subject of the request;
the Customer’s telephone number as provided at the time of subscription;
the payment method used;

a copy of the payment systems operator’s detailed invoice:

bank account details.

13. Disputes

These General Terms and Conditions are subject to French law, reserved for the mandatory rules of the consumer’s country of residence.

In the event of a dispute relating to the interpretation, execution and/or validity of these general terms and conditions and in the absence of amicable settlement, the rules of legal jurisdiction shall apply.

Mediation of Consumer Disputes:

In accordance with the provisions of the French Consumer Code concerning “the process of mediation of consumer disputes,” the User is entitled to use, free of charge, the mediation service offered by DVE. The « consumer rights » mediator thus provided is MEDICYS.

After prior written steps taken by Users with DVE, this mediation mechanism may be attached to any consumer dispute whose settlement has not been successful, in the following manner:

– electronically: www.medicys.fr;

– or by mail: MEDICYS-Centre de Médiation et Règlement Amiable des Huissiers de Justice, 73, Boulevard de Clichy, 75009, Paris

In the event of any dispute relating to the interpretation, performance and/or validity of these GTCs and in the absence of amicable settlement, the rules of legal jurisdiction shall apply.

[1] General Data Protection Regulation no. 2016/679 of 27 April 2016