ACCEPTANCE OF CONTRACT TERMS
The following terms of use ("Terms of Use") are the terms of a legal agreement between you, on the one hand, and Gameloft S.A. (hereinafter referred to as "Gameloft"), on the other hand.
The Gameloft web group is comprised of various web sites and web pages owned and/or controlled and operated by Gameloft (collectively, the "Sites").
The Sites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein and as outlined on any of the Sites. By accessing, browsing and/or using the Sites, you acknowledge that you have read, understood, and agree to be bound by these terms and comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE ANY OF THE SITES.
In the event that any of the terms, conditions, and notices contained in these Terms of Use conflict with the additional terms, codes or conduct and/or guidelines contained within any particular Site, then these Terms of Use shall control; provided that in the event any subscription to a game, the particular terms of service and play for that game shall control.
MEMBER ACCOUNT, PASSWORD, AND SECURITY
If a particular Site, or any product or service offered through the Sites requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You then will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Gameloft immediately of any unauthorized use of your account or any other breach of security. Gameloft will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Gameloft or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
INFORMATION SECURITY AND QUALITY
Gameloft informs you that the personal information directly or indirectly collected on the Web site are protected by the French Act "Informatique et Libertés" ("the Act"). Gameloft is committed to making respect the right of the user to access, rectify, modify and suppress the personal information in compliance with article 34 of the Act.
Gameloft is committed to keeping secure the data you provide us and will take reasonable precautions to protect your personally identifiable information from loss, misuse or alteration. We are committed to responding in a timely manner to your requests to correct inaccuracies in your personal information.
To correct such inaccuracies, please return the message containing the inaccuracies to the sender with details of the correction requested.
If you would like to have deleted the personally-identifiable information you have submitted through the Sites from our marketing databases, please contact us. We will then use reasonable efforts to remove your personally identifiable information from our files.
MODIFICATION OF THESE TERMS OF USE
Gameloft reserves the right to change the terms, conditions, and notices under which the Gameloft Sites are offered, including but not limited to the charges associated with the use of the Sites or any products sold therein. You are responsible for regularly reviewing these Terms of Use and additional terms posted on each particular Site. Your continued use of the Sites constitutes your agreement to all such terms, conditions, and notices.
RULES OF CONDUCT
In addition to the limitations set forth in the Terms of Use, you will violate the Terms of Use if you (or others using your Account) do any of the following:
Transmit or facilitate distribution of content that are harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or in a reasonable person's view, objectionable.
Attempt to acquire a password, street address, credit card numbers, account information, or any other private information from a Member or any other user on the Sites.
Upload or distribute any software or content that you do not own or have permission to freely distribute.
Promote or encourage any illegal activity including hacking, cracking or distribution of counterfeit software.
Upload files that contain a virus or corrupted data.
Improperly use the in game support or complaint buttons or make false reports to Gameloft staff members.
Violate the terms of use of third party tools, interactive service providers, state, local, federal laws, or foreign or international law where appropriate.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
ILLEGAL BEHAVIOR
Illegal behavior involving the use of any of the Sites shall be grounds for the termination of a Member's account. Gameloft shall fully cooperate with law enforcement officials on such matters and prosecute such offenses to the full extent of the law.
INDEMNIFICATION
You agree that you will be personally responsible for your use of the Sites, and that you will indemnify, defend and hold harmless Gameloft, and its respective affiliates, employees, officers, and directors from and against any and all claims, liability, losses, damages, costs and expenses (including reasonable attorneys' fees) incurred by Gameloft in connection with your use or alleged use of the Sites, including your conduct. Gameloft reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Gameloft's defense of such claim.
LINKS TO THIRD PARTY SITES
The Sites may contain links to third party web sites ("Linked Sites"). These Linked Sites are not under the control of Gameloft and Gameloft is not responsible for the contents of any Linked Sites, including without limitation, any links contained in a Linked Site, or any changes or updates to a Linked Site. Gameloft is not responsible for webcasting or any other form of transmission received from any Linked Site, nor is Gameloft responsible if the Linked Site is not working appropriately. Gameloft.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Gameloft.com of the Linked Site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.
Any dealings with third parties (including advertisers) included within the Sites or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. Gameloft shall not be responsible or liable for any part of any such dealings or promotions.
SOFTWARE AND CONTENT AVAILABLE THROUGH THE SITES
All content and software ("Software") (if any) that is made available to view and/or download in connection with the Sites is owned by and is the copyrighted work of Gameloft and/or its suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.
For any Software not accompanied by a License Agreement, Gameloft hereby grants to you, the user, a revocable personal, non-transferable license to use the Software for viewing and otherwise using the particular Site in accordance with these Terms of Use, and for no other purpose provided that you keep intact all copyright and other proprietary notices. Any reproduction or redistribution of the content and/or Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE SITES AND TO THE INFORMATION THEREIN. GAMELOFT AND ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITES AT ANY TIME.
GAMELOFT AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, CONTENT AND RELATED GRAPHICS CONTAINED WITHIN THE SITES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, CONTENT AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. GAMELOFT AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, COMMUNICATIONS, CONTENT AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL GAMELOFT AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITES, WITH THE DELAY OR INABILITY TO USE THE SITES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, CONTENT AND RELATED GRAPHICS OBTAINED THROUGH THE SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE SITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF GAMELOFT OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES.
INTELLECTUAL PROPERTY
The Sites, including, without limitation, all communication features, contain copyrighted material, trademarks and other proprietary information including, without limitation, text, software, photographs, video, graphics, music and sound, and the entire contents of the Sites and each area contained therein are the property of Gameloft and/or third-party content providers. Gameloft owns a copyright in the selection, coordination, arrangement and enhancement of such content. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content contained on the Sites (including, without limitation, content that Gameloft enables you to download) without the express written permission of Gameloft and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. The downloading of copyrighted material from the Sites is allowed by you only for your own use. You acknowledge that the Gameloft and/or third-party content providers remain the owners of all materials posted on the Sites, and that you do not acquire any of those ownership rights by downloading copyrighted materials.
SUBMISSIONS
Gameloft is pleased to hear from their customers and welcomes their comments regarding Gameloft's services and the Sites. Unfortunately, however, long-standing company policy does not allow us to accept or consider creative ideas, suggestions or materials other than those it has specifically requested. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by Gameloft's professional staff might seem to others to be similar to their own creative work. Accordingly, we must, regretfully, ask that you do not send us any original creative materials such as game ideas or original artwork. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products, and not submit any creative ideas, suggestions or materials.
If at our request you send certain specific submissions (e.g., Communications, including, postings and creative submissions) or, despite our request that you not send us any other creative materials, you send us creative suggestions, ideas, notes, drawings, concepts or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, the property of Gameloft. None of the Submissions shall be subject to any obligation of confidence on the part of Gameloft, and Gameloft shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, Gameloft shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature, in perpetuity, throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. You waive any and all moral rights in any such Submissions as well as any claim to a right of credit or approval.
PAYMENTS
You must use a credit card to pay for your subscription(s). When you provide credit card information to Gameloft, you represent that you are the authorized user of the credit card that is used to pay the subscription or other fees. Each month that you use the Site, you agree and reaffirm that Gameloft is authorized to charge your credit card for the subscription fee. You agree to promptly notify Gameloft of any changes to your credit card account number, its expiration date and/or your billing address, and you agree to promptly notify Gameloft if your credit card expires or is canceled for any reason.
SHOPPING
The shops ("Shops") on the Sites provide you the opportunity to purchase various Gameloft products and services.
You are responsible for paying the entire amount due on your purchase, including any applicable taxes, shipping and other charges assessed by the merchant.
You represent and warrant that you are at least 18 years of age and that you possess the legal right to use the Shops in accordance with the stated terms and usage policies. You hereby agree to supervise usage by, and be responsible for the actions of, any minors who use your computer and/or registration account to access the Shops.
ELECTRONIC SOFTWARE DOWNLOADS REFUND POLICY
Gameloft products can be selected as downloadable software from our online store. Once your credit card has been authorized, processing can take up to 2 minutes, you will receive instructions on how to download your software.
If the transmission is interrupted in any way you will initially receive a total of two attempts to download your software. If at any reason you cannot download the software please contact the Gameloft technical team at
javasupport@gameloft.com.
We accept ABSOLUTELY NO RETURNS on software downloads. Please read the system requirements very carefully before making any purchases.
GENERAL TERMS AND CONDITIONS
This agreement is governed by the laws of France. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Paris, France, in all disputes arising out of or relating to the use of the Sites. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Gameloft as a result of this agreement or use of the Sites. Gameloft reserves the right to disclose any personal information about you or your use of the Sites, including its contents, without your prior permission if Gameloft has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of Gameloft or its affiliated companies; (3) enforce the Terms of Use; or (4) act to protect the interests of its Members or others. Gameloft's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Gameloft's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Sites or information provided to or gathered by Gameloft with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Gameloft with respect to the Sites, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Gameloft with respect to the Sites. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
COPYRIGHT AND TRADEMARK NOTICES
TRADEMARKS:
Gameloft, Gameloft.com, Gameloftpocket, Ludigames and/or other products referenced herein are either trademarks or registered trademarks of Gameloft. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.
COPYRIGHTS:
All contents of the Site are: Copyright © 2005 Gameloft S.A
GAMELOFT S.A. LEGAL DEPARTMENT
Jérôme Sibade - Jsibade@gameloft.com
35 rue Greneta
75002 Paris
France
The following terms of use ("Terms of Use") are the terms of a legal agreement between you, on the one hand, and Gameloft S.A. (hereinafter referred to as "Gameloft"), on the other hand.
The Gameloft web group is comprised of various web sites and web pages owned and/or controlled and operated by Gameloft (collectively, the "Sites").
The Sites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein and as outlined on any of the Sites. By accessing, browsing and/or using the Sites, you acknowledge that you have read, understood, and agree to be bound by these terms and comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE ANY OF THE SITES.
In the event that any of the terms, conditions, and notices contained in these Terms of Use conflict with the additional terms, codes or conduct and/or guidelines contained within any particular Site, then these Terms of Use shall control; provided that in the event any subscription to a game, the particular terms of service and play for that game shall control.
MEMBER ACCOUNT, PASSWORD, AND SECURITY
If a particular Site, or any product or service offered through the Sites requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You then will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Gameloft immediately of any unauthorized use of your account or any other breach of security. Gameloft will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Gameloft or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
INFORMATION SECURITY AND QUALITY
Gameloft informs you that the personal information directly or indirectly collected on the Web site are protected by the French Act "Informatique et Libertés" ("the Act"). Gameloft is committed to making respect the right of the user to access, rectify, modify and suppress the personal information in compliance with article 34 of the Act.
Gameloft is committed to keeping secure the data you provide us and will take reasonable precautions to protect your personally identifiable information from loss, misuse or alteration. We are committed to responding in a timely manner to your requests to correct inaccuracies in your personal information.
To correct such inaccuracies, please return the message containing the inaccuracies to the sender with details of the correction requested.
If you would like to have deleted the personally-identifiable information you have submitted through the Sites from our marketing databases, please contact us. We will then use reasonable efforts to remove your personally identifiable information from our files.
MODIFICATION OF THESE TERMS OF USE
Gameloft reserves the right to change the terms, conditions, and notices under which the Gameloft Sites are offered, including but not limited to the charges associated with the use of the Sites or any products sold therein. You are responsible for regularly reviewing these Terms of Use and additional terms posted on each particular Site. Your continued use of the Sites constitutes your agreement to all such terms, conditions, and notices.
RULES OF CONDUCT
In addition to the limitations set forth in the Terms of Use, you will violate the Terms of Use if you (or others using your Account) do any of the following:
ILLEGAL BEHAVIOR
Illegal behavior involving the use of any of the Sites shall be grounds for the termination of a Member's account. Gameloft shall fully cooperate with law enforcement officials on such matters and prosecute such offenses to the full extent of the law.
INDEMNIFICATION
You agree that you will be personally responsible for your use of the Sites, and that you will indemnify, defend and hold harmless Gameloft, and its respective affiliates, employees, officers, and directors from and against any and all claims, liability, losses, damages, costs and expenses (including reasonable attorneys' fees) incurred by Gameloft in connection with your use or alleged use of the Sites, including your conduct. Gameloft reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Gameloft's defense of such claim.
LINKS TO THIRD PARTY SITES
The Sites may contain links to third party web sites ("Linked Sites"). These Linked Sites are not under the control of Gameloft and Gameloft is not responsible for the contents of any Linked Sites, including without limitation, any links contained in a Linked Site, or any changes or updates to a Linked Site. Gameloft is not responsible for webcasting or any other form of transmission received from any Linked Site, nor is Gameloft responsible if the Linked Site is not working appropriately. Gameloft.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Gameloft.com of the Linked Site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.
Any dealings with third parties (including advertisers) included within the Sites or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. Gameloft shall not be responsible or liable for any part of any such dealings or promotions.
SOFTWARE AND CONTENT AVAILABLE THROUGH THE SITES
All content and software ("Software") (if any) that is made available to view and/or download in connection with the Sites is owned by and is the copyrighted work of Gameloft and/or its suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.
For any Software not accompanied by a License Agreement, Gameloft hereby grants to you, the user, a revocable personal, non-transferable license to use the Software for viewing and otherwise using the particular Site in accordance with these Terms of Use, and for no other purpose provided that you keep intact all copyright and other proprietary notices. Any reproduction or redistribution of the content and/or Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE SITES AND TO THE INFORMATION THEREIN. GAMELOFT AND ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITES AT ANY TIME.
GAMELOFT AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, CONTENT AND RELATED GRAPHICS CONTAINED WITHIN THE SITES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, CONTENT AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. GAMELOFT AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, COMMUNICATIONS, CONTENT AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL GAMELOFT AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITES, WITH THE DELAY OR INABILITY TO USE THE SITES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, CONTENT AND RELATED GRAPHICS OBTAINED THROUGH THE SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE SITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF GAMELOFT OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES.
INTELLECTUAL PROPERTY
The Sites, including, without limitation, all communication features, contain copyrighted material, trademarks and other proprietary information including, without limitation, text, software, photographs, video, graphics, music and sound, and the entire contents of the Sites and each area contained therein are the property of Gameloft and/or third-party content providers. Gameloft owns a copyright in the selection, coordination, arrangement and enhancement of such content. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content contained on the Sites (including, without limitation, content that Gameloft enables you to download) without the express written permission of Gameloft and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. The downloading of copyrighted material from the Sites is allowed by you only for your own use. You acknowledge that the Gameloft and/or third-party content providers remain the owners of all materials posted on the Sites, and that you do not acquire any of those ownership rights by downloading copyrighted materials.
SUBMISSIONS
Gameloft is pleased to hear from their customers and welcomes their comments regarding Gameloft's services and the Sites. Unfortunately, however, long-standing company policy does not allow us to accept or consider creative ideas, suggestions or materials other than those it has specifically requested. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by Gameloft's professional staff might seem to others to be similar to their own creative work. Accordingly, we must, regretfully, ask that you do not send us any original creative materials such as game ideas or original artwork. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products, and not submit any creative ideas, suggestions or materials.
If at our request you send certain specific submissions (e.g., Communications, including, postings and creative submissions) or, despite our request that you not send us any other creative materials, you send us creative suggestions, ideas, notes, drawings, concepts or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, the property of Gameloft. None of the Submissions shall be subject to any obligation of confidence on the part of Gameloft, and Gameloft shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, Gameloft shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature, in perpetuity, throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. You waive any and all moral rights in any such Submissions as well as any claim to a right of credit or approval.
PAYMENTS
You must use a credit card to pay for your subscription(s). When you provide credit card information to Gameloft, you represent that you are the authorized user of the credit card that is used to pay the subscription or other fees. Each month that you use the Site, you agree and reaffirm that Gameloft is authorized to charge your credit card for the subscription fee. You agree to promptly notify Gameloft of any changes to your credit card account number, its expiration date and/or your billing address, and you agree to promptly notify Gameloft if your credit card expires or is canceled for any reason.
SHOPPING
The shops ("Shops") on the Sites provide you the opportunity to purchase various Gameloft products and services.
You are responsible for paying the entire amount due on your purchase, including any applicable taxes, shipping and other charges assessed by the merchant.
You represent and warrant that you are at least 18 years of age and that you possess the legal right to use the Shops in accordance with the stated terms and usage policies. You hereby agree to supervise usage by, and be responsible for the actions of, any minors who use your computer and/or registration account to access the Shops.
ELECTRONIC SOFTWARE DOWNLOADS REFUND POLICY
Gameloft products can be selected as downloadable software from our online store. Once your credit card has been authorized, processing can take up to 2 minutes, you will receive instructions on how to download your software.
If the transmission is interrupted in any way you will initially receive a total of two attempts to download your software. If at any reason you cannot download the software please contact the Gameloft technical team at
javasupport@gameloft.com.
We accept ABSOLUTELY NO RETURNS on software downloads. Please read the system requirements very carefully before making any purchases.
GENERAL TERMS AND CONDITIONS
This agreement is governed by the laws of France. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Paris, France, in all disputes arising out of or relating to the use of the Sites. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Gameloft as a result of this agreement or use of the Sites. Gameloft reserves the right to disclose any personal information about you or your use of the Sites, including its contents, without your prior permission if Gameloft has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of Gameloft or its affiliated companies; (3) enforce the Terms of Use; or (4) act to protect the interests of its Members or others. Gameloft's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Gameloft's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Sites or information provided to or gathered by Gameloft with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Gameloft with respect to the Sites, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Gameloft with respect to the Sites. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
COPYRIGHT AND TRADEMARK NOTICES
TRADEMARKS:
Gameloft, Gameloft.com, Gameloftpocket, Ludigames and/or other products referenced herein are either trademarks or registered trademarks of Gameloft. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.
COPYRIGHTS:
All contents of the Site are: Copyright © 2005 Gameloft S.A
GAMELOFT S.A. LEGAL DEPARTMENT
Jérôme Sibade - Jsibade@gameloft.com
35 rue Greneta
75002 Paris
France
