Terms
Last update: 13/06/2009
Virtual Developpement,
Co., EURL with a capital of € 1,000 registered to the RCS (Trade and Company
Register) of Montpellier under the number 494 626 237, headquartered at 76
allée des asphodèles, 34980 St Gely du Fesc, official website http://www.virtual-developpement.com,
offers several platforms of free games without purchase requirement and for an
indefinite period.
Virtual Developpement
(hereinafter the Company) requires any user of its game to read and acknowledge
the following Terms before registering.
These Terms of Use were
published on
§1 Virtual Developpement Services
§1.1
Conditions of participation
The user has to acknowledge the Terms (of Use and of Payment) before being able to participate in one of the games offered by Virtual Developpement. These Terms deal mainly with the services offered by Virtual Development and everything related to or resulting from these services.
§1.2 Responsibility
Even though Virtual Developpement
ensures that its services are fully functional, some events and circumstances
beyond our control may result in a temporary discontinuation of the service or
may impede their use. The user may not complain in any way whatsoever regarding
the correct functioning of Virtual Developpement services.
The Company may not be held responsible for any malfunction of one of its servers or a programming error (these are examples among others of possible issues beyond our control, and do not include other possible issues).
§1.3 Ownership
The services offered to users, including their user account and the elements of these accounts, are the exclusive ownership of Virtual Developpement. They are only made available to the users. For this reason, the users have to acknowledge this terms.
The
elements offered to users are purely virtual. Therefore, an actual transaction
related to an account is prohibited.
For more information, see §7.2
§2 Registration
and Termination
§2.1 Registration conditions
A user registering to a Virtual
Developpement game or to one of its official forums is agreeing consequentially
and implicitly to these terms. The email used for registration must be a valid
one. The Company reserves the right to ascertain this validity at any time and
act accordingly (cf. §2.3)
§2.2 User termination
The acknowledgment to the
Terms is valid only during the use of one or several Virtual Development
services. If the user chooses to no longer use this or these services, the
deletion of his account or accounts in the system of the Company will also
result in the termination of these Terms. The deletion may be delayed for
technical reasons. The personal account data are handled according to §6.
§2.3 Company termination
If the user does not comply with the
Terms when he is using the services offered by Virtual Developpement, the
Company reserves the right to delete or lock out his account(s), additional
penalties notwithstanding. The service administrator takes the decision to
delete the account.
Any complaints regarding an account deletion may be filed to the
administrator of the service. No legal complaint may be filed regarding an
account deletion.
§2.4 Refund
No user may request a refund of any possible expenses even though the termination was initiated by Virtual Developpement. Once the user agrees to an expense, he is no longer entitled to ask a refund following a termination.
§2.5 Rights
on Financing
When an account is partially funded by a user (through paid extensions),
this user has only an access into the part he paid. He may only claim the
extension that he purchased. For more information, see the Terms of Payment.
§3 Content & Responsibilities
§3.1 Contents
Through his various services, ViDev is offering a platform which allows the user to communicate with other users. The user, and not Virtual Developpement or one of the Company’s employees, is the sole responsible for the content he publishes. Pornographic, xenophobic, offensive or unlawful contents are prohibited and their author is criminally and civilly liable of them.
If such contents are published, Virtual Developpement reserves the right to delete or lock out the user account of the author and prevent him from accessing the entirety of the services offered by the company. These automatic and basic penalties do not preclude any criminal or civil charges if such charges are deemed necessary by the company.
§3.2 Liability
The company may not be held liable of any damage
whatsoever, and whatever their severity is, resulting from the use of a Virtual
Developpement service. The Company reminds the players that an excessive use of
video games or computer games may result in severe physical and mental harms.
The user is alleged to acknowledge this fact and accept any risk resulting from
or related to the use of our services. He may not hold the Company liable for
these risks.
§3.3 Hacking and Hacking Attempt
Hacking is punished by law. Any hacking or hacking attempt may result in
criminal charges.
This section is aiming not only for
service hacking and company server hacking, but for user account hacking as
well. Any hacking or hacking attempt will be punished (by locking out the
responsible account).
Virtual Developpement is protecting its data. Any hacking of a specific user
account may only result from a weak password or a password disclosed to someone
else. We advise the user to adopt a strong, long password and to never
communicate it to another party. The Company may otherwise not be held liable
for any account theft, hacking…, and their consequences.
§4 Prohibited
Actions
§4.1 User Actions
The user may not perform any action that may
result in an excessive slowing or impediment of the technical capacity of one
of the websites that Virtual Developpement offers him. The user may not lock,
edit or reformulate the content of any of these sites, or any other content
officially published by the company or one of its representatives.
§4.2 Unauthorized software
Access to and use of the offered services may only be performed through an ordinary Internet Browser. Any other software is strictly forbidden, in particularly so-called "bots" (or any other similar program) and any other tool allowing simulating, substituting or replacing an Internet Browser. The same interdiction applies to scripts or full or partially automated programs which has the purpose of (or which result in) giving an edge to a user against the others (automatic refreshing of Web Browsers fall into this category of interdiction). This list is not exhaustive and the use of any similar application is forbidden.
This prohibition does
apply neither to ad-blocking through anti-pop-ups software or any other
software, nor to the official Add-Ons that Virtual Developpement offers to its
users. No other exception may be done without express consent of the Company.
§4.3 Automatic login
The connection to the user account is allowed only through the home page
of the offered service. An automatic or automated connection is forbidden,
whether the home page is displayed or not.
§5 Restrictions
§5.1 Quantity of Account
A user may only own one account per “part” (Universe, World, Server…) of
a game or a service. Users who own several accounts on the same “part” are
called “Multis” and may be disciplined in accordance to the rules of the game
(or the service) in which the breach is detected, and without prior notice.
§5.2 Rules
The rules are general rules and are not comprehensive. In addition to
acknowledging the Terms, the user is also required to agree to the regulations
of the service in which he is a member. Any registered user is presumed to have
read and agreed to the Terms and to the rules and regulations related to the
service he registers to.
§5.3 Lockout
A user may be temporarily or
permanently locked out as a result of a breach of a rule or the Terms. The
lockout may apply partially or on all the services offered by the Company. No
recourse may be used except those offered to the users in each Virtual
Developpement services.
§6 Data
Protection
§6.1 Storage of personal data
ViDev is storing the personal data of the users in order to ascertain
that the rules, regulations, Terms and the law are applied by those users.
These personal data may be “technical” data (IP address, registration email, browser
used, type of connection…) or “statistical” (time and duration of connection,
actions performed…) or even personal.
These data are either gathered at the request of the Company, during the account creation, or willingly provided by the user through his profile (on one or several of our services, or one of our forums) or collected by any other mean.
Virtual Developpement may thereby collect more important data regarding a
user by aggregating the personal data that he may have entered on the various
services he was offered.
§6.2 Communication and use of personal data
In accordance to the French law
(Freedom and Data Processing Act and any other applicable law), the Company
reserves the right to disclose the personal data to the authorities in order to
protect its interests or if there is any breach to the legal provisions.
§6.3 Opposition
In accordance to the law, the user may at any time decline any storing of his personal data. Inasmuch as participating to the games entails inevitably and necessarily a storage of these personal data, the account(s) of the user will be deleted as soon as possible.
§6.4
Commission Nationale de l'Informatique et des Libertés (National Commission for
Data protection and Liberties)
We remind our users that in order to protect their personal data in
accordance to this paragraph, Virtual Developpement is registered to the CNIL
under the #1255440.
§7 Company rights on the accounts
§7.1 Overview
All the accounts and everything
included inside them (resources, units, facilities…) are virtual objects of the
offered service. The user owns no right whatsoever in the account he has created.
All the rights are ownership of the Company. No rights, particularly
exploitation right, may be acquired by the user.
§7.2 Prohibition of exploitation
Without a written consent of the
Company, it is forbidden to establish an agreement with a third party in
relation to the transfer, the use or the storage of the accounts or the
personal data.
Account lending and gift, subjected to the rules of the service in which the account is attached (cf. §7.3) stand as the only exceptions. The former prohibition applies if there is no information in these rules of service.
Selling accounts or resources (or any other account component) is not authorized, neither is making a gain by leaving his account (or one of its components) to a third party: the account remains the ownership of Virtual Developpement and may not be traded.
The same prohibition applies for personal data and rights of use.
In particular, it applies for any trade in exchange of Allopass or any
other valuable object.
Any breach to these
rules or any other rights of the Company, particularly copyrights infringement,
will result in criminal and/or civil charges. Additional penalties may also be
taken by the Company, particularly a lockout of all the accounts of the user at
fault.
§7.3 Exceptions
§9.1 Overview
ViDev reserves the right to modify (in the widest sense) at any time the
Terms and the other provisions. This modification or addition shall be
displayed at least one week before they are effective.
Once they apply, the modifications have a retroactive effect: all the account previously created, the ongoing actions, processed or unprocessed, are under these new provisions. The user may reject them only by the deletion of his account.
§9.2 Exceptions
In case of minor
modifications or modifications favoring the users, the Company may decrease the
time period between the display and the effectiveness of the new provisions.
This exception remains however quite uncommon.n
§9 Applicable law
The main competent court is the Tribunal de
Grande Instance de Montpellier, or, in case of disagreement, the court elected
by the French law.
