Terms and Conditions of Use
ACCEPTANCE OF THESE TERMS AND CONDITIONS OF USE
When an individual person visits and/or uses the Site, this action implies a full and complete acceptance of these Terms and Conditions of Use. Such a person is deemed to be a ‘User’ in the sense conveyed by these Terms and Conditions of Use.
MODIFICATION OF THESE TERMS AND CONDITIONS OF USE
The Publisher reserves the right to change these Site Terms and Conditions of Use at any time and without prior notice. Every User connecting to the Site is invited to read these Terms and Conditions of Use on a regular basis in order to familiarise themselves with any changes that may have been made. Ongoing use of the Site as these conditions are modified over time constitutes acceptance by each User of the Terms and Conditions of Use in force.
Personal information is information that enables an individual person to be identified either directly or indirectly.
The personal information collected on the Site is the result of freely given information communicated via the forms that exist on the Site. Some information that is indicated as being compulsory must be submitted; otherwise your registration will not be validated.
This personal information that is given upon registration is, where applicable, taken and handled for the following purposes: to validate your registration and to manage your account, to determine a winner or winners, to allocate prizes, and to show the list of winners where applicable.
This information will only be used to send newsletters and/or to send marketing material on behalf of the company and/or its partners with your agreement. This use of information is optional and will only take place if you expressly agree to receive these offers.
Some information, such as the IP address, will automatically be collected. This is primarily for fraud prevention and dispute settlement purposes. Where applicable, it can be used to provide evidence at any time of the address stored and linked to the IP address.
The person responsible for handling the personal information is FreeGameLoader Inc.
261 rue Saint-Jacques, Bureau 700 H2Y1M6 Montréal, QC, Canada
The company will take all precautionary measures necessary to ensure the safety and confidentiality of this information.
The company undertakes not use the information collected for any purpose other than that for which it was intended when collected. The company also undertakes to abide by the time period for which information can be held, and to archive or destroy this information upon the expiry date of this period in conformity with legal requirements.
In application of Act n° 78-17 of 6th January 1978 in French law as modified in 2004 in relation to Information Technology, files and freedoms, all Users have the right to access, challenge, modify, rectify and delete information held about them. Any User wishing to exercise this right should contact:
261 rue Saint-Jacques, Bureau 700 H2Y1M6 Montréal, QC, Canada
Or use the form in the Contact section,
or make telephone contact during these times: 9h et 17h (GMT+1) on (+33) 05 57 22 76 60.
The Site uses computer-based identifiers called cookies. In order to thoroughly familiarise yourself with how cookies are used, you are invited to read the Site’s ‘Cookies policy’.
The Site, its overall structure and its texts, graphics, images, sounds and videos that make up this structure, are the property of the Publisher. The entire Site is governed by French and international legislation relating to copyright and intellectual property. Any representation, reproduction, publication or any use whatsoever and any partial or total exploitation of its contents (including brands, logos, software, information, data, texts, illustrations, photographs, banners, tabs, pop-ups, music or any other distinguishing sign) and services made available by the Site regardless of the procedure is strictly forbidden without the prior written authorisation of the Publisher, and may constitute counterfeit in the sense conveyed by Articles L335-2 and subsequent texts of the French Intellectual Property Code.
Any request relating to the aforementioned written authorisation is to be addressed to the Publisher’s Headquarters.
Where applicable, the User expressly and willingly concedes to the Publisher all intellectual property rights relating to messages and contents that the User publishes on the Site, particularly in relation to the right to reproduce, represent and adapt content on any media support and in any format presently known and not yet known at this time and through any system and on any network including the Internet, throughout the world and in perpetuity.
LIMITATION OF PUBLISHER’S LIABILITY
Contents of the Site
The Publisher will do their utmost to keep the Site up to date, but can in no way guarantee that the information given on the Site is up to date 24 hours a day. The company reserves the right to modify the information without prior notice.
The information shown on the Site and/or accessible through the Site is for information purposes only and is in no way a suggestion, order or request. Under no circumstances may the Publisher be held responsible for any harm of any kind that may arise from the interpretation or use of information that is available on the Site.
The User is solely and uniquely responsible in the legal sense for any remarks and/or content (including texts, images and sounds) that the User communicates where applicable in forums, blogs, chat spaces and other community spaces on the Site. The Publisher has a presence in these parts of the Site simply as a hosting agent, and has no overall obligation to monitor the content broadcast by the Users.
Consequently, the User indemnifies the Publisher against any recourse, challenge, request for damages or interests or any other action or claim that a third party may make of any kind whatsoever following a communication made by the User of a remark and/or content on the Site. In the event that the Publisher’s liability is invoked as a result of negligence by the User in respect of the obligations incumbent upon the User in accordance with the content of these Terms and Conditions of Use, the Publisher reserves the right to serve notice on the User. The User also renounces the right to exercise any recourse against the Publisher in the event of proceedings undertaken by a third party against the User as a result of the unlawful use and/or exploitation of the Site.
The Publisher reserves the right to hand over all information in their possession that enables or facilitates the identification of the User at the request of a legal authority or third party. This can include the IP address and the time of the connection, particularly in the event that the User fails to respect the obligations set out in these Terms and Conditions of Use.
The Site contains hypertext links to sites operated by third parties. The Publisher hereby specifies that the use of these hypertext links can result in the User being directed to another website that is independent of the Publisher. The Publisher has no control whatsoever over these sites and may not filter the information on these sites. Because of this, the Publisher declines any liability in relation to access to these sites or the contents and usage of these sites, as well as any damages that may arise from the reading of the information that is on these sites. The decision to activate these links is fully and entirely the responsibility of the User.
Accessibility of Site
The Publisher will do everything possible to ensure the Site is accessible 24 hours a day. However, the Publisher declines all responsibility in the following cases:
- Interruption of the Site for technical maintenance operations or to update information published on the site;
- Temporary inability to access the Site due to technical issues, regardless of their origins and sources;
- Direct or indirect harm caused to the User, regardless of the nature of the harm, arising from the content, access or use of the Site;
- Abnormal use or unlawful operation of the Site. The User is therefore solely responsible for harm done to third parties and for the consequences of any claim or action that may arise from this.
Characteristics and limitations of the Internet
Connection to the Site implies an awareness and acceptance by the User of the characteristics and limitations of the Internet - in particular its technical features, response times for consulting the Internet and for requesting or transferring information, risk of interruption, and more generally the risks inherent in any connection to and transmission using the Internet as well as the absence of protection of certain items of information against any possible misuse, and the risk of contamination by an computer virus that may be circulating within the network.
As a consequence, the Publisher will under no circumstances be held liable for the following - this list not being exhaustive:
- The transmission and/or reception of any undesirable data and/or information on the Internet,
- Any Internet network malfunction that prevents access to the Site and/or the functioning of one or more games available on the Site,
- The failure of any reception hardware for lines of communication,
- The loss of any electronic message or physical letter, or more generally the loss of any data,
- Routing problems,
- Malfunction of any software,
- Consequences of any virus or computer bug, anomaly or technical failure,
- Any damage caused to the computer of a User,
- Any technical, hardware or software malfunction of any kind that has prevented or impacted on the participation in one of the games available on the Site, or that has damaged the User’s computer system.
The Publisher may not have their liability invoked in respect of any malfunction in the Internet network that could result in failures in the administration, security, integrity or management of games or services made available on the Site.
The connection of all persons to the Site and their participation in games made available on the Site is entirely the responsibility of the User. It is down to the User to take all appropriate measures in such a way as to protect their own information and/or software stored within their own computing equipment against all impairment.
APPLICABLE JURISDICTION AND COMPETENT COURTS
These Terms and Conditions of Use are subject to French law, which determines the applicable jurisdiction on a case by case basis. In the absence of any mandatory provision to the contrary in the event of there being a choice in the determination of the applicable jurisdiction, then French law is to be applied.
ANY CHALLENGES THAT MAY ARISE ON THE SUBJECT OF THE VALIDITY, THE INTERPRETATION, THE ACCEPTANCE AND THE EXECUTION OF THESE TERMS AND CONDITIONS OF USE REGARDLESS OF WHERE THE CONSULTATION OR REGISTRATION HAS TAKEN PLACE IS TO BE THE SUBJECT OF AN ATTEMPT TO REACH AN AMICABLE SETTLEMENT THAT THE PARTIES UNDERTAKE TO SEEK. IN THE EVENT THAT THIS DOES NOT HAPPEN WITHIN A TIME PERIOD OF (3) MONTHS, THE COURTS LOCATED AT THE PLACE WHERE THE PUBLISHER HAS THEIR HEADQUARTERS IS TO BE THE SOLE COMPETENT COURT, EVEN WHERE NOTICE IS SERVED OR WHERE THERE IS A PLURALITY OF DEFENDERS, OR WHERE EMERGENCY OR PRECAUTIONARY PROCEDURES ARE IMPLEMENTED, OR APPLICATIONS FOR EMERGENCY OR WITHOUT-NOTICE PROCEEDINGS ARE MADE, UNLESS OTHERWISE STATED IN MANDATORY PUBLIC PROVISIONS.