This page was last updated on 28/06/2011.
PREAMBLE
These Terms and Conditions of Use (hereinafter referred to as “TCU”) are intended to govern (i) the use of games and software applications offered by IS COOL ENTERTAINMENT and its affiliates (mother company, subsidiary) (hereinafter referred to as IS COOL ENTERTAINMENT), in particular via third-party social network platforms (hereinafter referred to as “Platforms”), including (ii) all content, all services and all features accessible via these games and software applications (hereinafter referred to collectively as “Services”).
By accessing and/or using the Services, you expressly and fully accept these TCU as well as all other legal documents pertaining to the use of the Services such as, for example, the Privacy Policy.
You are hereby advised that IS COOL ENTERTAINMENT, publisher of the Services, reserves the right to modify both the TCU and the legal documents at any time (Legal). Therefore, you acknowledge and agree that by using or simply accessing the Services after the last-modified date, you agree with the TCU and the legal documents as modified.
1. PRESENTATION OF THE SERVICES
The Services are made up primarily of games and software applications whose features are governed by the game rules accessible on the official pages of the Platforms devoted to the Services and/or on the website IS COOL ENTERTAINMENT Support.
2. REGISTRATION AND ACCESS
To be able to use the Services, you must first register and create an account on the Platform from which these Services are accessible and accept the Platform’s Terms and Conditions of Use. Please note that using the Services on the Platform and the use of the Platform in general are subject to the terms and conditions of use for the Platform.
Once your registration on the Platform is complete, you can install the Services on your account. You may delete the Services from your account at any time.
The use of the Services following your registration is valid for an indefinite period of time. IS COOL ENTERTAINMENT reserves the right to terminate it with reasonable notice at any time by e-mail. Failure to comply with the obligations inherent to your responsibility agreed hereunder may result in the immediate temporary or permanent suspension of your access to the Services, without notice, without prejudice to the other rights of IS COOL ENTERTAINMENT and without the possibility of complaint on your part.
By accepting the permissions of the Is Cool Community application https://www.facebook.com/apps/application.php?id=181971965202887, you agree to being registered as a member of the forum.
3. INTELLECTUAL PROPERTY
The Services are the exclusive property of IS COOL ENTERTAINMENT.
IS COOL ENTERTAINMENT holds all intellectual property rights for all content accessible from the Services, namely all text, images, sounds, data, photos, videos, logos, trademarks, names, tabs, features and all other hardware or software, which are protected by the rights held by IS COOL ENTERTAINMENT or its third-party partners (hereinafter referred to as “Services Components”).
In general terms, IS COOL ENTERTAINMENT grants you a free, personal, non-exclusive and non-transferable right to access and use the Services, subject to your acceptance and respect of the TCU. All other rights are expressly excluded without our prior written consent.
Any partial or complete reproduction, especially for advertising or commercial purposes, as well as any adaptation, modification, use, transfer, copying, redistribution and/or exploitation, on any medium and by any means, of any or all Services Components, is strictly forbidden, unless expressly authorized by IS COOL ENTERTAINMENT in a prior written agreement.
Furthermore, you are not authorized to change, improve, edit, translate, decompile, disassemble or create one or several work(s) derived from the Services Components (in whole or in part), unless this option has been expressly granted to you by IS COOL ENTERTAINMENT or by the owners of the Services Component(s) under the terms and conditions of a specific agreement. Any unauthorized use of the Services or of one of its Components shall be subject to legal action aimed at protecting the rights of IS COOL ENTERTAINMENT.
Finally, all comments, suggestions and, more generally, all contributions (hereinafter referred to as “Contributions”) made by you while using the Services remain your property. However, subject to legal provisions in force, you hereby grant worldwide and exclusive permission to IS COOL ENTERTAINMENT to use, reproduce, modify, adapt, cede, and exploit the Contributions on any known and hitherto unknown medium, without restriction and free of charge, for the entire duration of the intellectual property rights protecting these Contributions, if applicable.
4. YOUR RESPONSIBILITY AS USER
The Platforms and/or IS COOL ENTERTAINMENT may offer you the opportunity to participate in discussion areas (forums, blogs, etc.) or make available to you features that allow you to create and publish content on the Services.
In this respect, we remind you that all illegal words and content are strictly prohibited on the Services and on all discussion spaces related to the Services, in particular words and content that are racist, revisionist, pedophilic in nature or inciting sexual tourism, homophobic, or inciting hatred; insulting, degrading, libelous, slanderous, disrespectful; of a pornographic nature; political, religious or ideological propaganda; those promoting a commercial activity or intended to generate income or benefits from their distribution; those that violate copyright laws or incite the infringement of intellectual property rights; those that violate the secrecy of correspondence or infringe upon the rights, reputation and private life of another person; those that are off-topic in relation to the subject headings of the sections where they are published; and, more generally, all content that is contrary to good morals and that is likely to hurt the feelings of others and to reflect or incite the improper use of the Internet and of information and communication technologies.
Any message or content that violates these provisions will be deleted without warning, explanation or formal notice by IS COOL ENTERTAINMENT directly, if possible, or will be brought to the attention of the managing Platform with the intention of having it removed, and any warning or exclusion measure may be taken to this effect.
Furthermore, you agree to be solely responsible for their content and legality, and hereby release IS COOL ENTERTAINMENT of any liability for damages that third parties may claim in this respect.
In addition, as a user of the Services, you may report any content you may consider illegal as defined above, notifying IS COOL ENTERTAINMENT directly by using the form accessed by clicking on the link “Ask the team a question.” This link can be found on IS COOL ENTERTAINMENT Support in the section devoted to each of the Services.
5. GUARANTEES AND LIABILITY LIMITS
You hereby declare that you possess the skills, hardware and software required to use the Internet, that you are aware of and understand the features of the Internet and of its use, in particular the limitations associated with technical performance, response times and risks related to security of communications. Therefore, IS COOL ENTERTAINMENT does not guarantee that the Services will be free of anomalies, errors or bugs, or that they will function without failure or interruption. In this respect, the company reserves the right to determine at will any period of unavailability of the Services or of any of their sections for technical reasons, to improve their content or optimize their use.
IS COOL ENTERTAINMENT shall not be held liable for any direct or indirect damage of any kind resulting from the use of the Platform from which the Services are accessible, in particular from the limitations associated with technical performance, response times and risks related to security of communications, as well as fraudulent third-party intrusions.
Generally, IS COOL ENTERTAINMENT cannot be held liable for any prejudice or damage of any kind resulting from your use of the Services and/or their content.
The Services contain advertising, promotional, commercial or sponsorship links and visual material directing users to third-party retailers or independent service providers. IS COOL ENTERTAINMENT is not responsible for the content of the abovementioned third parties or third-party sites; nor does it guarantee their accuracy, validity, quality, or integrity, in particular as regards transactions made directly between you and a third-party retailer or independent service provider.
Finally, IS COOL ENTERTAINMENT may not be held liable for any connection costs and, more generally, for any communication costs resulting from your access to and use of the Services.
6. PERSONAL DATA
Any personal data that might be gathered or processed as a result of using the Services by IS COOL ENTERTAINMENT is governed by the Privacy Policy.
7. CONTESTS / SWEEPSTAKES
When accessing and using the Services and/or their related official spaces, you may be offered the opportunity to participate in contests and/or free sweepstakes (hereinafter referred to as “Special Events”).
Participation in these Special Events implies your full and complete acceptance of the rules that govern them, as well as of these TCU. If the provisions of the Special Event rules and regulations and the provisions of the TCU should conflict, the rules and regulations of the Special Event will prevail.
In addition, by participating in these Special Events, you authorize IS COOL ENTERTAINMENT to use the data provided by you at the time of registering for the Special Event on any known and hitherto unknown medium free of charge, subject to what is authorized by law.
8. PLAYER RANKING
When using the Services, the number of points collected by the player may be retained in order to determine his/her rank/level with the particular purpose of defining player rankings. By using the Services, you accept, in particular, that your score, your rank/level, your ID and your photo be listed in the overall player ranking.
For this purpose, you grant exclusive authorization to IS COOL ENTERTAINMENT to use, copy, adapt, exploit, and cede this information worldwide on any known and hitherto unknown medium, and to do so free of charge and without any restrictions or prejudice.
9. CREATION OF LINKS
On its website, its support website and/or discussion areas accessible from the Platforms and, more generally, on all official discussion areas related to the Services, IS COOL ENTERTAINMENT can authorize the creation of hypertext links directing to its content, provided that:
- this does not involve the use of techniques allowing the nesting of Services pages within the pages of another site (iframe, meta refresh, etc.), but opens the site in its own window where the URL is displayed;
- the link is transcribed in text form using an explicit formulation whose words and expressions strictly match the targeted content and comply with its nature and form;
- this leads directly to the Web page hosting the targeted content or, in the absence thereof, the home page of IS COOL ENTERTAINMENT, its Support Site or, more generally, its Services.
The links thus created must be used for personal, community and non-commercial purposes only. Any use for commercial or advertising purposes is prohibited, as is any creation of links originating from websites that contain any information that is illegal, pornographic, abusive, propagandistic or polemical in nature, or is more generally likely to offend others or is otherwise contrary to good morals.
10. AVAILABILITY OF SERVICES
In principle, the Services are available around the clock, seven days a week, subject to scheduled or unscheduled interruptions necessary for their maintenance or for that of the Platform, or cases of unforeseen circumstances. Being de facto subject to a best effort obligation, IS COOL ENTERTAINMENT shall not be held liable for any damage, of any kind, incurred as a result of any unavailability of the Services.
11. ONLINE SELLING
IS COOL ENTERTAINMENT engages in the online sale of virtual products (hereinafter referred to as “Virtual Products”) through its Services.
IS COOL ENTERTAINMENT may also offer physical products for sale (hereinafter referred to as “Physical Products”).
11.1 ORDER PROCESSING
You hereby declare that you have read and accepted these TCU prior to placing the order. Therefore, confirming the order means that you accept these TCU. Unless proven otherwise, data saved by IS COOL ENTERTAINMENT constitute proof of all placed transactions.
You must verify that information provided to IS COOL ENTERTAINMENT at the time of purchase is complete and correct. IS COOL ENTERTAINMENT shall not be held liable for any potential input errors and their consequences.
11.2 PRICES AND PAYMENT
Given the electronic nature of transactions, the prices listed for the Virtual and Physical Products include Value Added Tax (V.A.T.), regardless of the territory where you reside.
The prices shown are for reference only and, where applicable, do not include operating (phone and other operators) and shipping fees. In particular, the prices shown can vary according to the local operators chosen. The actual price will be displayed prior to payment.
You can pay for your purchases by credit card or by using the secured (SSL 128) payment tools provided by IS COOL ENTERTAINMENT partner companies or, where applicable, by using virtual money offered by the Platforms.
By choosing to pay for the Virtual Products and/or the Physical Products through the aforementioned payment tools and/or virtual money, you undertake to read and accept the general terms of sale of IS COOL ENTERTAINMENT partner companies with regard to the payment tools and/or the general terms of sale of the Platforms proposing the virtual money. In particular, by using the online payment services provided by the company HPME, you confirm that you understand and agree to its Terms and Conditions of Use of HIPay: https://www.hipay.com/info/terms/.
IS COOL ENTERTAINMENT shall not be held liable for any direct or indirect damage, of any kind, related to the use of these payment tools and/or this virtual money.
In addition, you warrant IS COOL ENTERTAINMENT against any complaint, action and procedure initiated in this regard.
In the event of your failure to make payment for Virtual and/or Physical Products, IS COOL ENTERTAINMENT reserves the right to suspend, temporarily or definitely, your access to the Services, without prejudice to the eventual actions and measures to be taken against you and without the possibility of complaint on your part.
11.3 DELIVERY TIME
Regarding Physical Products, you will receive a delivery deadline prior to confirming your order based on your choice of shipping method. The applicable delivery times are those indicated when you confirm your order.
Virtual Products are downloadable and/or credited to your Platform account as soon as the payment has been received and confirmed. You are hereby informed of the fact that the downloading and/or confirmation of your purchases are/is subject to the limitations of Internet usage and, more generally, of any means of communication employed for this purpose. You specifically agree that IS COOL ENTERTAINMENT shall not be liable for any potential problems relating to the access of data it makes available to users of the Services.
11.4 CANCELLATION
In accordance with provisions of consumer protection legislation currently in force, you have the right to cancel your order within seven (7) days following its confirmation. In such an event, you will not have to provide any explanations, nor pay any penalties, with the exception of any potential return fees for Physical Products.
However, you hereby forfeit your right to cancel an order if the delivery operation of the products has begun prior to the end of the aforementioned seven (7) day cancellation period. In particular, given that the purchase of Virtual Products is by nature firm and definitive, in accordance with Article L.121-20-2 of the French Consumer Code, you shall not be entitled to exchange your purchase, receive a refund or exercise the right to cancel it. However, IS COOL ENTERTAINMENT undertakes to exchange damaged Virtual Products that contain hidden defects or that do not match the description provided by the Services. If you do not receive the Virtual Product for reasons out of the control of IS COOL ENTERTAINMENT, you hereby authorize IS COOL ENTERTAINMENT to provide you with a Virtual Product of equivalent commercial value.
Likewise, cancellation rights do not apply to audio or video recordings, and all computer software once it has been unlocked, as well as Physical Products made to your specifications or clearly personalized.
If you have exercised your cancellation right for a Physical Product, you must return the latter in its original packaging and in good condition to the address that will be indicated to you by IS COOL ENTERTAINMENT.
11.5 REFUNDS
Refunds for products cited in article 11.4 of the current TCU shall be issued within maximum thirty (30) days after the date on which the cancellation right was exercised.
IS COOL ENTERTAINMENT will refund the person who placed the order by crediting his/her bank account or by issuing a bank transfer in his/her name.
11.6 DUTY TO ADVISE
The purchase of Virtual and/or Physical Products can be made in an entirely automated manner without any action on the part of IS COOL ENTERTAINMENT. Therefore, IS COOL ENTERTAINMENT fulfils its duty to advise as follows:
- by providing customer service support by e-mail and telephone at the numbers and addresses shown on the IS COOL ENTERTAINMENT Internet Site,
- by offering a description of the Virtual or Physical Product on the Services.
11.7 SPONSORED OFFERS
When buying Virtual and/or Physical Products via the Services, you might receive so-called sponsored offers (hereinafter referred to as “Sponsored Offers”) from third-party partners of IS COOL ENTERTAINMENT. By accepting a Sponsored Offer, you hereby acknowledge that you take full responsibility for the contractual conditions of the third-party partner to which the aforementioned Sponsored Offer is subject.
IS COOL ENTERTAINMENT shall not be held liable as a result of your acceptance of a Sponsored Offer and of the fulfillment of the contract that consequently links you with the third-party provider offering the Sponsored Offer. To this effect, you warrant IS COOL ENTERTAINMENT against any complaint, action or procedure initiated in this regard.
12. PROOF, STORAGE and ARCHIVING
The computerized records stored in our systems, in accordance with the latest security procedures, will be considered as proof of communications by e-mail, mailings of registration forms, comment postings, etc. The archiving of registration forms is carried out on a medium that is capable of ensuring the reliability and durability required by current legal provisions. It is specifically agreed that in the event of a discrepancy between our computerized records and the paper or electronic documents you may have, our computerized records shall prevail.
13. ADVERTISING
In accordance with the customs and practices of the Internet, it is possible that advertising may be included in the Services. In this respect, IS COOL ENTERTAINMENT enjoys complete freedom regarding the choice of advertisers, as well as viewing modes and ad placements.
14. UNFORESEEN CIRCUMSTANCES
IS COOL ENTERTAINMENT commits itself, in view of current technical tools, to maintain the Services in the best possible conditions. However, IS COOL ENTERTAINMENT shall not be held liable in the event of any interruptions to the Services as a result of unforeseen circumstances caused by a third-party, the user or the latter’s own clients, or those resulting from hazards related to technology.
Although the following list is not exhaustive, the parties hereby formally accept that damage may result from unforeseen circumstances, whether this is a fortuitous event or a third-party action originating from or caused by: natural disasters, fires, floods, lightning, electrical surges, strikes, power outages, telecommunication network failures, computer failures, civil or foreign wars, riots or popular uprisings, national security threats, regulatory restrictions related to the supply of telecommunication services, connection and/or connectivity failures caused by public and private operators that IS COOL ENTERTAINMENT depends upon.
These unforeseen circumstances suspend the obligations of IS COOL ENTERTAINMENT cited in these TCU for their entire duration.
15. CHANGES
IS COOL ENTERTAINMENT reserves the right to change the Services at any time, in response to technical innovations, as well as the TCU. Changes to the TCU will come into effect as soon as they are posted online. By continuing to use the Services, you will be deemed to have accepted these changes. You are therefore invited to consult the latest version of the TCU.
16. VARIOUS PROVISIONS
These TCU, as well as the full body of legal documents governing the Services (Privacy Policy, Specific Conditions of Use, etc.) are governed by, interpreted and applied in accordance with French law, French being the language of interpretation in the event of a disagreement over the meaning of a word or provision of the TCU and of the full body of legal documents governing the Services.
Should one of the provisions of these TCU be declared null and void or inapplicable, it shall be deemed to have not been written. This shall not affect the validity of the remaining provisions or clauses, which shall maintain their full force and reach.
IS COOL ENTERTAINMENT shall decide upon all cases of use that are not covered by the TCU, and its decisions shall not be subject to any form of appeal.
Any litigation or disagreement resulting from the use of the Services shall be subject to an attempt at amicable settlement.
In the absence of an agreement, litigation shall take place in the French courts governing the headquarters of IS COOL ENTERTAINMENT, except in the event of contrary legal rulings decided in accordance with French law.