Terms and Conditions of Use
The GG Factor website
(the “GG Factor Website”)
located on the ggfactor.com domain
provides information and services to several online games (the Games), including
management of user accounts and email notification
These terms and conditions of
set forth the terms and
conditions applicable to your access
and use of the
online games powered
by GG Factor (the “Games“),
a simplified joint stock company
registered under the laws of France, with a capital of
Eur. 1 000, registered with the Paris Commercial Registry
under the number B 532 450
251, whose registered
offices are located at 24
rue de l'Est, 75020 Paris, owner and provider of the Games (“We” or “Us”).
- ACCEPTANCE OF THE TERMS
clicking the submission button displayed on the registration form when
registering to use the Games or by using the Games, you agree to be
- If You do not agree or do not wish to bind Yourself, You
must (a) not use all or part of the Games and (b) select the “cancel” or
closing button which will cancel access to the Games.
- MODIFICATION OF THE GAMES
AND/OR OF THE TERMS
reserve the right at any time to modify or discontinue, temporarily or
permanently, the Games (or any part thereof), with or without notice. You
agree that We shall not be liable to You or to
any third party for any modification, suspension or discontinuance of the
- We also
reserve the right to modify the Terms. In such case, We
will post the revised version of the Terms on the GG Factor Website. Your
continued use of the Games in case of modification of the Terms will
constitute Your acceptance of the revised
version of the Terms. If You refuse to accept
the new version of the Terms, You may terminate Your agreement with Us by
cancelling Your account with Us.
- DESCRIPTION OF THE GAMES AND
- The Games
allows users to enjoy an online game experience and may include social
interactions between users. More information on the Games can be found
- In order
to use the Games, You must register with Us to
become a GG Factor member (“Member”).
register, You must be at least 18 years of age
or be duly authorized by your parents(s) or legal representative. You may
register to become a Member on every game, through a sign-up form located
in the game. When registering, You represent
that You are at least 18 years of age and fully able and competent to
enter into these Terms.
- You will
be prompted to provide certain information and to create an account name
and password. You agree to (a) provide true, accurate, current and
complete information about Yourself; and (b)
maintain and promptly update Your profile to keep it true, accurate,
current and complete.
- You are
fully responsible for maintaining the confidentiality of Your password and account for all activities that
occur under Your password or account. You may not transfer Your account name and password. In any event, access
and use of the Games is under Your sole control,
supervision, risk and responsibility.
subscribing to the Games, you agree that a public profile is created for Your account, holding information such as Your name,
Picture, Age, Gender, and Location. This profile may be accessed on each game
and on the GG Factor Website.
If You do not wish to share such information You can contact GG
FACTOR so we can remove your account or update the information displayed.
subscribing to the Games with a third-party account, for instance (but
not limited to) a Facebook, Twitter, Google or
Hotmail account, You agree that GG FACTOR will import your profile data
on these third-party services in order to include it in Your public game
profile. When available, Your email address will
be retrieved by GG FACTOR but will not be shared in Your public profile.
If You do not wish to share such third-party information with GG
FACTOR, do not log in with a third-party account. You can create a dedicated GG
FACTOR account instead.
posting content into the Games, because of the nature of the service, You
agree that this content can be shared on other Websites publishing the
Games, on the GG Factor Website and on external websites like Facebook or Twitter. When technically possible, this
content is shared with the mention of Your name
content published on the GG Factor Website and inside the Games may be
indexed by major search engines like Google.
TO USE THE GAMES
- We own
all the intellectual property rights in and to the Games and to the GG
Factor Website. We own all rights in the Games name, logo, trademark, tradename and all other product names associated with
the Games and no right or license is granted to You to use them.
to Your registration, and to these Terms, We hereby grant You a limited, non-transferable, non-exclusive right
to use the Games, as a service, and to use the GG Factor Website. You
shall access and use the Games and the GG Factor Website in accordance
with these Terms, exclusively for Your own
personal non-commercial needs.
- You shall
not (i) license, sublicense, sell, resell, transfer ,assign, distribute or otherwise exploit or
make available to any third party the Games in any way, except as
expressly authorized hereunder, (ii) modify or make derivative works
based upon the Games, (iii) reverse engineer, decompile, disassemble the
Games and/or any component thereof, (iv) access the Games in order to
build a competitive product or service or a product using similar
features, ideas, functions or graphics of the Games, or copy any ideas,
features, functions or graphics of the Service; (v) access the Games for
monitoring, benchmarking or competitive purposes.
- You shall
not obscure, delete or contravene or attempt to obscure, delete or
contravene any copyright or proprietary notices displayed within the
licence granted by Us in this section will cease
immediately upon termination of these Terms or removal, cancellation or
deletion of Your account on the Games.
CONTENT AND LICENCE TO USE YOUR CONTENT
acknowledge and agree that We reserve the right to remove or disable
access to all or part of Your Content posted in the Games (“Content”) as is necessary to
ensure compliance with these Terms, to comply with all applicable laws
and regulations and/or satisfy any applicable judicial or administrative
request. We will not be liable to You as a
result of such removal or disabling.
Content must comply with these Terms and all applicable laws and regulations.
- We do not
claim any ownership rights on Your Content. After posting Your Content,
You continue to retain ownership of Your Content, and You
continue to have the right to use and license Your Content in any way You
choose. You can decide to remove Your Content from the Games and cancel
Your account with Us, in which case GG Factor will not retain any license
rights except as provided below.
hereby grant Us a non-exclusive, worldwide, royalty-free, sublicenseable and transferable right to use, reproduce,
disclose and publicly display Your Content in the Games and on the GG
Factor Website during the course of your registration on the Games for
the purposes of (i) operating and making
available Your Content in the Games and on the GG Factor Website, in all
current or future media and platform in which the Games may now or
thereafter be distributed or transmitted (e.g. mobile devices, consoles,
etc. ; Internet, GSM, wi-fi, satellite etc.)
and (ii) complying with Our legal obligations. Following termination of
these Terms, in case all or part of Your Content has been incorporated
into Member profiles, news feeds, RSS feeds or other features, You hereby
license Us a non-exclusive, worldwide, royalty-free, sublicenseable
and transferable right to use, reproduce, disclose and publicly display
Your Content as part of these Members profiles, news feeds, RSS feeds or
other features, for the duration of intellectual property rights on Your
limiting the foregoing, We reserve the right to
archive and retain copies of Your Content following termination of these Terms
in order to comply with Our legal obligations, for the duration of intellectual
property rights on Your Content.
- We may
disclose metrics based on Your Content for advertising, marketing and
business developments purposes. In doing so, You
acknowledge and agree that We will not use, reproduce or publicly display
- You are
responsible for making sure that You have all
rights in Your content, including the rights necessary to grant the
foregoing licenses to Us. You will indemnify and hold Us
harmless in case Your Content violates any third party intellectual
property or other rights.
reserve the right, in our sole discretion, to monitor, edit or delete any
Content that is accessible in the Games and on the GG Factor Website that
we believe is abusive or uncivil in tone, contains profanity, constitutes
spam, contains hate messages, is off topic, or which we otherwise believe
is inappropriate or undesirable for the Games and the GG Factor Website.
We have the right to decide to edit or delete Your Content in our sole
- ACCEPTABLE USE AND CONDUCT
- You are
solely responsible for Your use of and conduct in
the Games, including with other Members.
- You agree
not to use the Games for any purpose that is unlawful or prohibited by
these Terms. In particular, You agree not to post, e-mail or make
available any Content to other Members or through the Games or the GG
- which is defamatory, obscene, libelous, vulgar, offensive, inappropriate, harmful,
threatening, abusive, harassing, tortuous, invasive of another’s
privacy, hateful, violent, pornographic, discriminatory or racially,
ethnically or otherwise objectionable or contrary to all applicable laws
and regulations, including material that is harmful to children;
- that infringes any third party’s intellectual
property rights, proprietary or other rights;
- which contains software viruses or any other
computer code, files or programs designed to interrupt, destroy or limit
the functionality of any computer software or hardware or
- which constitutes ore contains any form of
advertising or solicitation if posted in Your Content or emailed to
- You agree
not to use the Games to perform one or more of the abovementioned acts
- send spam, “chain letters”, “pyramid schemes” or
otherwise duplicative or unsolicited messages in violation of applicable
laws, or to send advertisement in violation of these Terms or any
applicable laws and regulations;
- facilitate or aid the unlawful distribution of
- engage in misleading, deceptive, fraudulent or
otherwise illegal activities or promote such activities, including
engaging in phishing or otherwise obtaining
financial or personal information in a misleading manner or for
fraudulent or misleading purposes;
- harm minors in any way;
- interfere with any other party’s use and enjoyment
of all or part of the Games or the Website;
- interfere with or disrupt the Games, the GG Factor Website
and/or servers or networks connected to the Games and/or GG Factor
Website, or disobey any requirements, procedures, policies or
regulations of networks connected to the Games and/or GG Factor Website;
- attempt to gain unauthorized access to any service,
other accounts (including personal information), computer systems or
networks connected to any of Our servers or all or part of the Games or the
GG Factor Website, through hacking, password mining or any other means;
- modify, adapt or hack the Games or modify another
website so as to falsely imply that it is associated with the Games;
- obtain or attempt to obtain any materials or
information through any means not intentionally made available through
- employ misleading misleading
email or IP addresses or forged headers or otherwise manipulated
identifiers in order to disguise the origin of the Content transmitted
through the Games or to Members;
- collect, use or disclose data, including personal
information, about other Members without their consent or for unlawful
purposes in violation of applicable laws and regulations;
- in any manner that could damage, disable,
overburden, or impair any of Our servers, or the network(s) connected to
any of Our servers;
- send or store malicious code, a software virus or
any other computer code, file or program designed to interrupt, destroy
or limit the functionality of any computer software or hardware or
- to violate in any manner any applicable laws.
- You agree
not to authorize or encourage any third party to use the Games or the GG
Factor Website to facilitate any of the foregoing prohibited conduct.
- You agree
not to use anyone else’s account in the Games at any time, without the
permission of the account holder. You should never give out Your password to another individual or entity. We will
not be liable to You for any loss that You may
incur as a result of someone else using Your account and/or password with
or without knowledge. However, You may be liable to Us
for losses incurred by Us due to someone else using Your account and/or
password, where We can prove you committed a default. Therefore, please
be careful with your identity, account and passwords.
- THIRD PARTY CONTENT
from other Members or advertisers, including information about third
party products and services and any third party applications may be made
available to You through the Games and/or the GG
Factor Website (“Third Party
- We do not
control such Third Party Content. The inclusion of such Third Party
Content on the Games and/or the GG Factor Website does not imply Our affiliation or endorsement of such Third Party
Content. Therefore, we may not be liable for any such Third Party
Content, including the accuracy, integrity, quality, legality, usefulness,
safety of such Third Party Content, and We have
no obligation to monitor such Third Party Content.
- You are
solely responsible (and assume all liability and risk) for determining
whether or not such Third Party Content is appropriate or acceptable to You.
understand that by using the Games you may be exposed to Third Party
Content that is offensive, indecent or objectionable, and that you use the
Games at your own risk.
- YOUR FEEDBACK
- You may
send Us or provide Us with suggestions,
comments, improvements, ideas, recommendations or other feedback related
to the Games.
- If You do so, You acknowledge that We may freely use and
implement such feedback in any manner without restriction, and without
any obligation of confidentiality or compensation to You.
- PERSONAL DATA
collect, use and process personal data regarding Our Members.
- To be
on the game, your access to the Games may be free, or we may be granted
through a one-time fee, or may be granted through a monthly subscription
in real money. Optionally, virtual items and services may be acquired by You for a charge in real money during the course of
- We do not
make any warranty as to the reliability, timeliness, quality,
suitability, truth, availability, accuracy or completeness of the Games.
- We do not
warrant that the Games or part thereof will (i)
be secure, complete, timely, uninterrupted, error-free, virus-free or
operate in combination with any hardware, software system or data, (ii)
meet Your needs, requirements or expectations.
- We will
do our best to correct critical blocking errors in the Games after having
received an email from You on our support contact email including the
technical details of your configuration and screenshot of the problem you
are experiencing. We do not warrant compatibility with all software and
- You download or otherwise obtain any materials
through the use of the Games at Your own discretion and risk.
Factor reserves the right to stop offering and/or supporting any of the Games or any part of the GG Factor Website
at any time either permanently or temporarily, at which point your license to use the Games or
a part thereof will be automatically terminated or suspended. In
such event, GG Factor
shall not be required to provide refunds, benefits or other compensation to users
in connection with such discontinued elements of the Games or GG
- Termination of your
Account can include disabling your access to the Games or any part thereof including any content you submitted or others submitted.
- FEES AND
- In the Service you
may purchase, with "real world" money, a license to use Virtual Items and or other goods or services.
You may also obtain a license to use
Virtual Items by redeeming third
party virtual currency,
such as Facebook Credits.
- PURCHASES OR REDEMPTIONS OF THIRD PARTY VIRTUAL
CURRENCY TO ACQUIRE A LICENSE TO USE VIRTUAL
ITEMS ARE NON-REFUNDABLE.
- You can license Virtual Items by visiting
the purchase page in one of our games, providing your billing information, confirming
the particulars of your
purchase and re-affirming
your agreement to these
Terms. When you purchase a license to Virtual Items from
our Service, We may send you a confirmatory e-mail that will contain details of the
items you have ordered.
Please check that
the details in the confirmatory
e-mail are correct as soon as possible and maintain a copy of it for your records. GG Factor keeps
records of transactions in order to deal with any subsequent queries. If you purchase Facebook Credits from Facebook, you are agreeing to Facebook’s Payment Terms and GG Factor is not
a party to the transaction.
- For Virtual Items, your order will represent an offer to us to purchase a license for the relevant service(s) which will be accepted by us when We make the Virtual Items available
in your account for you to use in our games or debit your credit card, whichever comes first.
- Your license to Virtual Items
for use in GG Factor games is
a service provided by GG Factor that commences upon acceptance by GG Factor of your
purchase or redemption
of third party virtual
currency. By ordering
a license to use Virtual Items you agree and accept that GG Factor will provide it to you promptly following completion of your purchase.
- f you reside in the European
Union and you purchase
a product or service from
GG Factor, you may
have the right to withdraw from
a purchase within seven calendar days, commencing on the day after the date of purchase (the "Cooling
Off Period"). However,
you lose your right of withdrawal
if the performance of the services begins before the end of the Cooling
Off Period. Accordingly,
please note that if you purchase a license to use Virtual Items from
Us, your right of withdrawal
is lost as the
performance of our services begins promptly once your purchase is completed.
- Payment of fees
You agree to pay
all fees and applicable taxes incurred
by you or anyone using an Account registered to you. GG Factor may revise the pricing for the goods and
services it licenses to you through the Games at any
time. You acknowledge that GG
Factor is not required to provide a refund for any reason, and that you will
not receive money or other
compensation for unused virtual
items when an account is closed, whether
such closure was voluntary or involuntary.
- You agree
to indemnify and hold Us harmless from and against any and all claims, demands,
costs, damages, losses, liabilities and expenses (including reasonable
attorneys’ fees) arising out of any breach by You of these Terms, Your
use of the Games or GG Factor Website and/or any Content submitted to or
through the Games or GG Factor Website by You.
in these Terms shall exclude or limit GG Factor’s liability for losses which may not be lawfully excluded or limited
by applicable law.
to overall provision
in paragraph 13.1 above, GG Factor, its subsidiaries and affiliates, and
its licensors shall not be liable to you for:
- any indirect or consequential losses which may be
incurred by you (including without limitation any loss of profit
(whether incurred directly or indirectly), any loss of goodwill or business
reputation, or any loss of data suffered by you;
- any loss or damage which may be incurred by you as
a result of:
changes which we may make to the Games, or for any permanent or temporary cessation in the provision of the Games (or any features
within the Games or GG
(ii) the deletion of, corruption of, or failure
to store, any content and other
communications data maintained or transmitted
by or through your use of the
failure to provide GG
Factor with accurate account information;
failure to keep your password or account details secure and confidential;
- any indirect damages arising out of or
in connection with the access, use
and/or failure or inability to access or use the Games.
the extent permissible under
applicable laws, under
no circumstances will
the GG Factor parties be liable to you for more than the amount you have paid GG Factor in the one hundred
and eighty days (180)
days immediately preceding the date on which
you first assert any such claim.
- You acknowledge and agree that if you have not paid GG Factor any amounts in the one hundred
and eighty days (180)
days immediately preceding the date on which
you first assert any such claim, your sole and exclusive remedy
for any dispute with GG
Factor is to stop using
the service and to cancel your account.
- Some jurisdictions
do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Therefore, some of the above limitations in the section may
not apply to you. In particular, nothing in these terms shall affect the statutory rights of any consumer or exclude or restrict any liability for death or personal injury arising from any negligence or fraud of GG Factor.
- TERM AND TERMINATION
Terms become effective as between You and Us at
the time of acceptance by You of these Terms through the registration
process. These Terms will remain in full force and effect until
terminated by You or Us or until deactivation or
cancellation of Your account by You or Us.
acknowledge that We may terminate Your account
(in addition to the Website’s right to terminate Your account) and remove
Your account, passwords, Content and other information as well as disable
Your access to any and all of the Games, in case You do not comply with
these Terms. In such case, We will send You a
written notice detailing the breach and we reserve the right to terminate
these Terms immediately.
the foregoing, we may terminate Your account immediately without notice
if You have misrepresented Your age, or fail to comply with sections , or of these Terms.
reserve the right to log off or deactivate Your
account if it is inactive for more than six (6) months.
- You may
terminate these Terms at any time by deactivating Your
account in the Games.
- APPLICABLE LAW AND JURISDICTION
- This Agreement is governed by the laws of France.
- You and GG
Factor agree to submit to the exclusive jurisdiction of the courts of
France to resolve any dispute regarding the validity, performance,
execution, non-performance or interpretation of these Terms.
Notwithstanding this, you agree that GG Factor shall still be allowed to
apply for conservatory measures or injunctive remedies (or an equivalent
type of urgent legal relief) in any jurisdiction.
Date Last Modified
These Terms were last modified on July