Terms of use

KYHU

Simplified joint stock company with a capital of € 12,000

Head office: 21, rue d'Abbeville, 75009 Paris

820 177 301 RCS Paris

GENERAL CONDITIONS OF USE

1 Purpose of the general conditions of use

1.1 These terms and conditions constitute a legal agreement between you (hereinafter, "you") and KYHU, a société par actions simplifiée (simplified joint stock company) whose registered office is at 21, rue d'Abbeville, 75009 Paris, registered with the Paris Trade and Companies Registry under number 820 177 301 (hereinafter, "KYHU", or "us", "we" or "our"), in relation to our game applications (including, without limitation, the game Olé Mains!) made available through, among other places, the Apple App Store (the "Game" or "Games"), our website at www.olemains.com/cgu (the "Site") and any services related thereto (including the Games and the Site, the "Services").

You agree that by accessing and/or using our Services, you accept these terms and our privacy policy (the "Privacy Policy") (see paragraph 10 below).

1.2 You certify that you are at least 12 years old. If you are between 12 and 18 years of age, you certify that your legal guardian has read and accepted these terms and conditions and has authorized you to access and/or use our Services.

1.3 You can access these Terms at any time at www.olemains.com/cgu. We may change these Terms at any time, in accordance with paragraph 14 below, and your continued use of our Services following an update to the Terms will constitute acceptance of the new version.

2 Access to and use of our Services

2.1 The rules, scoring systems, controls and recommendations for each Game can be found directly in the relevant Game. Such systems, rules, controls and guidelines are incorporated into these Terms and Conditions and you agree to abide by them when accessing and/or playing a Game.

2.2 You are responsible for the internet connection and/or mobile charges that may be incurred when accessing and/or using our Services. If you are in any doubt about such charges, you should consult your mobile operator or internet service provider before accessing and/or using our Services.

2.3 We reserve the right to discontinue or modify our Games or any part of our Services (in whole or in part) at any time, without any liability to you, for any reason including, without limitation, the following:

for technical reasons (such as technical difficulties encountered by us or related to the Internet);
to enable us to improve the experience for our users;
for legal reasons (including privacy or other legal objections to the content or conduct of our Games or Services);
because the provision of the Game or Service concerned is no longer profitable for us;
due to changes in our services.

2.4 Our Services may also be unavailable from time to time, either in whole or in part, for any reason, including for technical or maintenance reasons.

2.5 Purchase of items on our Site or in one of our Games The price charged for an item sold via our Website or on one of our Games corresponds to the price displayed on the Website or, as the case may be, on one of our Games at the time of your purchase, except in the event of an obvious error. The price includes all taxes. Depending on your bank, additional taxes and deductions may apply; we have no control over these and therefore disclaim any responsibility for them. If you have any doubts about these additional taxes or withholdings, we advise you to check with your bank before making a purchase from our Site or any of our Games. We accept payments through our partners by credit card, debit card and PayPal only. Our partners may have their own terms of use, so it is best to check with them to see if you agree to the terms before making a payment. If your transaction is not validated by our partners, your purchase will not be recorded.

2.6 Subscriptions

You can subscribe to this app to access premium features and unlimited content. Subscription options can be: 1 week with 3 day trial, 1 month, 1 year. All prices are subject to change without notice. We occasionally offer promotional pricing as incentives or time-limited opportunities for eligible purchases made during the promotional period.

Due to the time-sensitive and promotional nature of these events, we are unable to offer price protection or retroactive discounts or refunds for previous purchases in the event of a price reduction or promotional offer. Payment will be charged to your iTunes account upon confirmation of purchase. Subscription renews automatically unless auto-renewal is turned off at least 24 hours before the end of the current term. The account will be billed for renewal within 24 hours of the end of the current period at the price of the chosen plan. Subscriptions can be managed by the user and automatic renewal can be disabled by accessing the user's iTunes account settings after purchase. No cancellation of the current subscription is allowed during the active subscription period. You can cancel a subscription during its free trial period via the subscription setting in your iTunes account. This must be done 24 hours before the end of the subscription period to avoid being charged. Please visit https://support.apple.com/en-us/HT202039 for more information. You can disable automatic renewal of your subscription through your iTunes account settings. However, you cannot cancel the current subscription during its active period. Any unused portion of a free trial period, if offered, will be lost when the user purchases a subscription to that publication, if any.

3 Accounts

3.1 In the event that one of our Games requires identification at the time of login, you agree to use your best efforts to protect your login credentials and keep them confidential.

You agree to refrain from disclosing them or allowing others to use them.

References in these Terms to "login credentials" or an "account" include your login credentials and any social network or platform accounts you authorize to interact with our Services.

3.2 If you breach your obligation to maintain the confidentiality of your login details, disclose them to any third party or share your account with any third party (whether voluntarily or involuntarily), you will be fully responsible for the consequences of such actions (including fraudulent purchases) and you agree to indemnify us in full for any loss or damage that may arise from them.

3.3 We do not accept any liability for any loss you may suffer as a result of any unauthorised person accessing your account and/or using our Services. We also disclaim any liability for loss or damage resulting from unauthorised access to your account, fraudulent or otherwise.

3.4 We reserve the right to delete your account if we do not detect any activity on it for at least 120 days. If this happens, your access to the Currencies and Virtual Goods (as defined below) linked to your account may be withdrawn and you may no longer use them. You will not be offered a refund for this.

3.5 You agree that if you delete your account or if we delete your account in accordance with these terms, you may lose access to data previously linked to your account (including the level or score achieved in our Games and the Currencies or Virtual Goods linked to your account).

4 Currencies and Virtual Objects

4.1 Our Games may include virtual currencies such as coins, gems, gold coins and points ("Virtual Currencies"), as well as items or services that can be used with our Games ("Virtual Items"). You can buy virtual currencies with real money if you are at least 18 years old. If you are over 18, you may also purchase Virtual Goods with real money and/or other units of value. You agree that Virtual Goods and Currencies cannot be exchanged for real money, goods or services with anyone. You also agree that you may only acquire virtual currencies and virtual items from us, and not from any third party.

4.2 You are not the owner of the Currencies and Virtual Goods. You are purchasing a limited, personal and revocable right to use such Currencies and Items. Your balance of virtual currencies and objects has no material value in itself.

4.3 You agree that the Currencies and Virtual Goods you purchase from us are final sales. Once a transaction has been completed, it is not subject to any refund. If you live in the European Union, you have certain withdrawal rights for purchases made remotely; however, please note that when you purchase a right to use Virtual Currency or Virtual Goods from us, performance of our services occurs promptly after the purchase is made, and once this has been done, your right of withdrawal ends.

4.4 If you are a resident of the European Union, we will provide you with an invoice with VAT where required by law or in response to a request from you. You agree that such invoices may be provided in electronic form.

4.5 We reserve the right to monitor, regulate, modify and delete Virtual Currency or Virtual Goods without any liability to you.

4.6 Without limiting paragraph 3.5, if we suspend or terminate your Account in accordance with paragraph 7, you will lose your Currencies and Virtual Goods and we will not provide you with any compensation or refund for them.

5 User behaviour and content

5.1 You must comply with the laws of the jurisdiction from which you access our Services. If applicable laws restrict or prohibit your use of our Services, you must comply with such restrictions or, if applicable, cease accessing and/or using our Services.

5.2 You warrant that the information you provide to us, if any, when accessing and/or using our Services is true, accurate and complete at all times.

5.3 You, or any other user of our Services, may post, upload, communicate, transmit or otherwise make available information, data, software, sounds, photos, images, videos, identifiers and other content ("Content") through our Services. You agree that Content that may be offered to you when you use our Services, whether publicly posted or privately transmitted, is the sole responsibility of the person posting it. This means that you take full responsibility for the Content that you may post, communicate, transmit or otherwise make available via our Services.

5.4 You may not post, communicate, transmit or otherwise make available any Content if it is :

considered, or may be considered, to be unlawful, harmful, harassing, defamatory, obscene or objectionable;
considered, or may be considered, as not respecting the privacy of others; considered or likely to be considered as inciting to violence or racial or ethnic hatred ;
that you are not authorized to make available (for example, privileged or confidential information of third parties);
infringing the intellectual property rights or other proprietary rights of third parties;
constituting advertising, promotional content, junk mail, chain letters, pyramid schemes or any other form of undesirable or fraudulent solicitation;
containing viruses or other forms of computer code, files or programs designed to interrupt, destroy or limit the functionality of computer software or hardware, or telecommunications equipment.

5.5 You agree that you are prohibited from:

use our Services to harm, offend or harass others;
create multiple accounts per platform to access our Services;
use the email address of a third party to create an account and use our Services;
use our Services for fraudulent or abusive purposes (including using our Services to impersonate any person or entity, or making false statements about your affiliation with a person or entity or our Services);
hijack, anonymize or mask your IP address or the source of any Content you may post online;
use our Services for commercial or business purposes, for the benefit of third parties or to send unwanted communications;
to remove or alter any legal or other proprietary information contained in our Games or any other part of our Services;
interfere with or disrupt our Services, servers or networks providing our Services;
attempt to decompile, reverse engineer, reverse engineer or hack our Services, or to circumvent or defeat encryption technologies or security measures applied to the data we transmit, process or store;
unlawfully harvest information about third parties using our Services, including their personal information, through various techniques ("harvesting", "scraping", etc.) (in particular by placing elements online that allow for the retrieval of information, such as "pixel tag" cookies, .gif files or other techniques sometimes called spyware or passive collection mechanisms);
sell, transfer or attempt to sell or transfer an account used in connection with our Services or any part of an account, including but not limited to Currencies or Virtual Goods;
disrupt the normal operation of a Game or otherwise interfere with the ability of other players to compete fairly when playing our Games or engaging in real time exchanges;
contravene the obligations or regulations of any network connected to our Services;
use our Services in a manner that violates any applicable law or regulation;
use our Services to cheat, design or assist in the design of cheating schemes (for example, by using automated means or third party software to play), or otherwise circumvent technological measures designed to control access to our Services or any part of them, or to engage in any other activity that is generally considered to be contrary to fair play or these Terms;
use our Services in any other way not explicitly permitted in these Terms.

If you suspect that any third party is in breach of any of these Terms, please contact us at salut@olemains.com.

5.6 We do not control the Content posted on our Services by third parties. We therefore cannot guarantee the accuracy, integrity or quality of such Content. You agree that when you use our Services, you may be exposed to Content that you may find offensive, objectionable or indecent. We will not be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of Content posted, emailed, transmitted or otherwise made available through our Services.

5.7 We reserve the right to remove Content posted through our Services if we believe, in our sole discretion, that it causes or results in a breach of any of these Terms, or is likely to damage our reputation or that of our Services. You acknowledge, however, that we do not necessarily actively monitor the Content submitted by users of our Services, and that we are under no obligation to undertake such monitoring activities.

5.8 You are solely responsible for your interactions with other users of our Services.

6 Play our games with other users

6.1 Some of our Games allow you to play against an opponent or to play socially with other users.

You may have the option of :

choose to play against another user
or play socially with another user selected by us, or play with or against any of your contacts from a social network or platform with which you have allowed our Games to interact.
Some of our Games may also allow you to search for your friends (e.g. via their email address) to play against them or play socially with them. We may also display the nicknames of players you've played against before so you can easily find them and play against them again.

6.2 When we select another user, we may select them randomly or using criteria of our choosing (for example, your past scores, your location or the level you have reached in the Game).

6.3 By accessing and/or playing Games that allow you to compete or play socially with other users, you agree that your screen name, scores and other information may be presented to other players. You also agree that other users can find you by searching for your email address. We only display your nickname publicly, not your email address. In order to find you using your email address, other players must already know your email address.

7 Non-compliance with these conditions

7.1 We reserve the right to suspend or terminate your access to our Services (including by deleting your account) if we believe that you are in material breach(s) of these Terms (including through repeated minor breaches) or in breach(s) of any applicable law (and, in particular, the law of France and the law of your country of residence). Any breach of paragraphs 5.4 and 5.5 shall be deemed a material breach.

7.2 You agree to indemnify us for any losses, damages (direct and indirect), loss of opportunity, loss of profit, claims and expenses that may arise as a result of your breach of these Terms.

8 Exclusions and limitations of liability

8.1 We are liable for death or personal injury caused by the negligence of us or our representatives, for loss or damage caused by fraud on our part or the part of our representatives, and for any other matter for which we may be liable under the law.

8.2 In respect of loss or damage (other than that referred to in paragraph 8.1), for a period of twelve months, we will only be liable for loss or damage which is a reasonably foreseeable consequence of our fault or breach of these terms of use, up to the amount you have paid to us in respect of the Services for a period of one hundred (100) days prior to the date of your claim. Losses and damages are deemed foreseeable when they could have been foreseen by you at the time of your acceptance of these Terms of Use.

8.3 We do not accept any liability for the following:

loss or damage not caused by a breach of these conditions or by our fault;
loss or damage not reasonably foreseeable by you at the time of your acceptance of these terms of use, including losses that may arise as a secondary effect of foreseeable losses. This may include loss of data, loss of profit, interruption of service, computer or other equipment failure, or financial loss;
loss or damage caused by your failure to comply with these terms of use;
technical failures or unavailability of our Site, Games, Services and/or social networking channels, where these are beyond our control.

8.4 We undertake to provide our Services with the same degree of skill and care as that provided by other game providers or similar websites, but you acknowledge that your only right in the event of any problems or dissatisfaction on your part with our Services is to cease using the relevant Services and that we cannot be held responsible for any interruptions or errors that you may encounter when accessing our Services.

9 Intellectual Property

9.1 You acknowledge that the copyright, trade marks and other intellectual property rights in and to our Services (but not the Content, which is provided and owned by the players) are owned by or licensed to us.

9.2 Subject to your compliance with these terms, we grant you a non-exclusive, non-transferable, personal, revocable and limited license to access and/or use our Services (excluding any related source code/objects) for your personal and private use. You agree not to use our Services for any other purpose.

9.3 Unless you have our prior written permission, you may not copy, distribute, make available to the public or create derivative works from any part of our Services.

9.4 In particular, and without limiting the scope of paragraph 9.3, you are prohibited from making available cheating techniques or other technological measures designed to control access to all or part of our Services, including providing access to Virtual Currency and/or Virtual Goods, whether free of charge or otherwise.

9.5 Where you submit Content (in the manner set out in paragraph 5.3) via our Services:

you certify that you have full authority to do so;
you grant us and our affiliates the right to modify, adapt, publish and use your submission and any derivative works we may create therefrom, in any medium (now existing or hereafter invented), for any purpose, in perpetuity, without compensation;
you acknowledge that you may have moral rights in the Content, such as the right to be cited as the creator of your submission and the right to refuse to have your submission portrayed in a degrading manner. You agree to waive any such moral rights you may have in the Content;
you agree that we have no obligation to monitor or protect your rights in any Content you may submit to us, but you grant us the right to enforce your rights in such Content if we choose, including by taking legal action on your behalf.

9.6 You may not copy, distribute, make available to the public or create derivative works from any Content belonging to other users of our Services. If you believe that your intellectual property rights have been infringed by third parties on the Internet, you may contact us by email at salut@olemains.com with the following information:

description of the intellectual property rights concerned and an explanation of how they have been infringed;
description of the location of the infringing content ;
your postal address, telephone number and e-mail address;
a statement by you that you have a good faith belief that (i) the use of the disputed material in which you own intellectual property rights is fraudulent, and (ii) the information you provide is accurate and correct and that you have the authority to act on behalf of the owner of an exclusive right that is allegedly infringed;
physical or electronic signature of the person entitled to act on behalf of the holder of the allegedly infringed exclusive right.

10 Confidentiality

10.1 We may collect, process, use and share your personal information only in accordance with our Privacy Policy (see our Privacy Policy) and in the manner set out in these Terms. By using our Services, you agree that we may collect, process, use and share your personal data in this way. If you do not agree to our Privacy Policy, you should not access or use our Services.

10.2 The personal information we may collect may also be subject to the rules of the social networks from which you agree to link to our Services. If you play our Games and allow them to interact with a social network, you give us permission to use your email address and any other personal information shared by that social network with us that allows us to identify you personally. You also give us permission to help your contacts on that network find you so that you can play together. We use this information to improve the experience we provide in our Games accessible through that social network. If you do not agree to these practices, you should not allow our Games to interact with the social network you use.

10.3 We may use cookies or similar technologies (such as HTML5 local storage) to store certain types of information whenever you use our Services. For example, they may help us to identify your computer and verify that only the person entering your account details can access it. To learn more about how we use cookies and similar technologies, see our Privacy Policy.

11 Links

11.1 We may post links to third party websites or services from our Services. You agree that we make no warranties about the content, goods or services provided by such third parties. We also disclaim any liability for loss or damage caused by such third parties. Any costs you incur in connection with your relationship with such third parties are your sole responsibility. You agree that when you provide information to such third parties, such provision is governed by the privacy policy of such third parties (if any) and not ours.

12 Transfer of these conditions

12.1 We may transfer any or all of our rights and obligations under these Terms to third parties without your consent. You may not transfer any of your rights under these terms and conditions without our prior written consent.

13 Entire agreement

13.1 These Terms set out the entire agreement between you and us in relation to our Services (as defined in paragraph 1). They supersede any prior agreements and understandings between you and us in this regard.

14 Amendment of these terms and conditions

14.1 You can view these Terms at any time at www.olemains.com/cgu. We reserve the right to update these terms at any time by posting a new version at the address above. We may do so because we change the nature of our products or services, for technical or legal reasons, or because the needs of our business have changed, or for any other reason in our sole discretion. You agree that if you do not agree to any changes in our terms, you must immediately stop accessing and/or using our Services.

15 Divisibility

15.1 If any provision of these Terms is found to be invalid or unenforceable under applicable law or in the opinion of a court of competent jurisdiction, such provision shall be construed in a manner consistent with applicable law, reflecting as nearly as possible its original intent, and the remaining provisions shall remain in full force and effect.

16 Waiver of our rights

16.1 The non-exercise or non-enforcement of any of our rights hereunder shall not constitute a waiver of our ability to exercise or enforce such right subsequently. A waiver of any of our rights shall not be effective unless we expressly waive it in writing signed by us.

17 Complaints and Dispute Resolution

17.1 Most problems that you may encounter in relation to these Terms can be resolved quickly by contacting us by email at salut@olemains.com. In the event that we are unable to resolve your problem and you wish to take legal action against us, we inform you that these terms and conditions are governed by and must be interpreted in accordance with French law, which you expressly accept.

18 Matters relating to these terms and conditions

18.1 If you have any questions about these Terms or our Services, please contact us by email at salut@olemains.com.

These terms and conditions were last updated on 15 October 2016. OléMains.