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 settings.

 

These terms and conditions of use (“Terms”) 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”).

 

  1. ACCEPTANCE OF THE TERMS
    1. By clicking the submission button displayed on the registration form when registering to use the Games or by using the Games, you agree to be legally bound by these Terms of Use. A contract is then formed between Us and you personally (“You”).
    2. 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.
  2. MODIFICATION OF THE GAMES AND/OR OF THE TERMS
    1. We 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 Games.
    2. 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.
  3. DESCRIPTION OF THE GAMES AND REGISTRATION
    1. 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 at www.ggfactor.com.
    2. In order to use the Games, You must register with Us to become a GG Factor member (“Member”).
    3. To 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.
    4. 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.
    5. 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.
    6. By 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.

    1. By 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.

    1. By 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 and picture.
    2. All content published on the GG Factor Website and inside the Games may be indexed by major search engines like Google.
  1.  LICENSE TO USE THE GAMES
    1. 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.
    2. Subject 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.
    3. 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.
    4. You shall not obscure, delete or contravene or attempt to obscure, delete or contravene any copyright or proprietary notices displayed within the Games.
    5. 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.
  2.  YOUR CONTENT AND LICENCE TO USE YOUR CONTENT
    1. You 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.
    2. Your Content must comply with these Terms and all applicable laws and regulations.
    3. 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.
    4. You 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 Content.

Without 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.

    1. 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 Your Content.
    2. 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.
    3. We 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 discretion.
  1.  ACCEPTABLE USE AND CONDUCT
    1. You are solely responsible for Your use of and conduct in the Games, including with other Members.
    2. 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 Factor Website:
      1. 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;
      2. that infringes any third party’s intellectual property rights, proprietary or other rights;
      3. 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 telecommunications equipment;
      4. which constitutes ore contains any form of advertising or solicitation if posted in Your Content or emailed to other Members.

 

    1. You agree not to use the Games to perform one or more of the abovementioned acts and to:
      1. 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;
      2. facilitate or aid the unlawful distribution of copyrighted content;
      3. 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;
      4. harm minors in any way;
      5. interfere with any other party’s use and enjoyment of all or part of the Games or the Website;
      6. 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;
      7. 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;
      8. modify, adapt or hack the Games or modify another website so as to falsely imply that it is associated with the Games;
      9. obtain or attempt to obtain any materials or information through any means not intentionally made available through the Service;
      10. 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;
      11. 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;
      12. in any manner that could damage, disable, overburden, or impair any of Our servers, or the network(s) connected to any of Our servers;
      13. 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 telecommunications equipment;
      14. to violate in any manner any applicable laws.

 

    1. 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.
    2. 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.
  1. THIRD PARTY CONTENT
    1. 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 Content”).
    2. 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.
    3. 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.
    4. 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.
  2. YOUR FEEDBACK
    1. You may send Us or provide Us with suggestions, comments, improvements, ideas, recommendations or other feedback related to the Games.
    2. 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.
  3. PERSONAL DATA
    1. We collect, use and process personal data regarding Our Members.
    2. To be informed about our practices, please read our privacy policy at www.ggfactor.com/legal/privacy/.
  4. WARRANTIES
    1. Depending 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 the game.
    2. We do not make any warranty as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of the Games.
    3. 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.
    4. 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 hardware configurations.
    5. You download or otherwise obtain any materials through the use of the Games at Your own discretion and risk.
    6. GG 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 Factor Website.
    7. Termination of your Account can include disabling your access to the Games or any part thereof including any content you submitted or others submitted.
  5. FEES AND PURCHASE TERMS
    1. Purchases
      1. 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.
      2. PURCHASES OR REDEMPTIONS OF THIRD PARTY VIRTUAL CURRENCY TO ACQUIRE A LICENSE TO USE VIRTUAL ITEMS ARE NON-REFUNDABLE.
      3. 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.
      4. 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.
      5. 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.
      6. 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.
    2. 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.

  1. INDEMNIFICATION
    1. 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.
  2. LIMITATION OF LIABILITY
    1. Nothing in these Terms shall exclude or limit GG Factor’s liability for losses which may not be lawfully excluded or limited by applicable law.
    2. Subject to overall provision in paragraph 13.1 above, GG Factor, its subsidiaries and affiliates, and its licensors shall not be liable to you for:
      1. 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;
      2. any loss or damage which may be incurred by you as a result of:

(i) any 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 Factor Website);

(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 Games;

(iii) your failure to provide GG Factor with accurate account information;

(iv) your failure to keep your password or account details secure and confidential;

      1. any indirect damages arising out of or in connection with the access, use and/or failure or inability to access or use the Games.
    1. To 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.
    2. 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.
    3. 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.
  1. TERM AND TERMINATION
    1. These 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.
    2. You 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.
    3. Notwithstanding 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.
    4. We reserve the right to log off or deactivate Your account if it is inactive for more than six (6) months.
    5. You may terminate these Terms at any time by deactivating Your account in the Games.
  2. APPLICABLE LAW AND JURISDICTION
    1. This Agreement is governed by the laws of France.
    2. 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 2012.