GENERAL TERMS AND CONDITIONS OF USE
OF THE SPARK RIDERS MOBILE APPLICATION
Effective from 01/12/2023
ARKADA STUDIO, a simplified joint-stock company with a capital of €30,000, registered in the RCS of ROUEN under the number 881 197 388, with its registered office at 538 rue aux Saulniers 76230 SAINT PIERRE LES ELBEUF. The contact details of ARKADA STUDIO are as follows: Email: email@example.com
ARKADA STUDIO (also referred to as “the Company” and “the Publisher”) publishes a voice-controlled mobile application under the name “SPARK RIDERS” offering its Users, exclusively private individuals, as consumers and for private, family, or personal purposes, services and features allowing them to play the SPARK RIDERS board game.
ARTICLE ONE – PURPOSE
The voice-controlled mobile Application “SPARK RIDERS” aims to offer its Users functionalities and services complementing the purchase of the SPARK RIDERS board game.
ARTICLE 2 – SCOPE OF APPLICATION
These GTC express the entirety of the obligations of the parties. The User acknowledges having read the following GTC and accepts them without condition or reservation. Any use of the mobile Application must be in accordance with these GTC. The Publisher reserves the right to update these GTC, particularly in line with the evolution of the mobile Application. In this case, the Publisher will inform the User by any means, who will then immediately apply them.
ARTICLE 3 – ACCESS
Access to the mobile Application “SPARK RIDERS” requires the use of a mobile device and a secure Internet connection.
The use of the mobile Application, access to all the Services and content of the Application, as well as access to a personalized space, requires downloading it via the Apple App Store and Google Play Store download platforms.
Downloading the Application, registration, and creating an account are free. Access to the Services offered by the Publisher via the mobile Application is conditional upon the creation of a personal account and the possession of a QR Code available on a SPARK RIDERS board game box. Users must ensure they have the technical means to access the mobile Application and its services. They must own a mobile Terminal and an Internet connection using a secure access.
ARTICLE 4 – TECHNICAL REQUIREMENTS
Access to the mobile Application “SPARK RIDERS” requires the use of a mobile terminal and Internet access.
It is also necessary to have the following configurations on the mobile terminal for the use of services:
– Fast and efficient Internet connection
– Speakers or headphones
– Microphone access (consent required)
– Camera access (consent required)
– Voice recognition access (consent required)
– QR code scanning access
The User must ensure the up-to-date status and adequacy of the software and mobile terminal used in order to use the mobile Application “SPARK RIDERS”.
ARTICLE 5 – USER ACCOUNT CREATION
Access and use of all the Services and content of the mobile Application “SPARK RIDERS”, as well as access to a personalized space, require the creation of an account by the User.
During registration, the User chooses a username and password and provides their email address. The User is responsible for ensuring that the data transmitted is accurate.
The connection logs provided to Users are confidential, and each User is solely responsible for the management, conservation, and consequences of the use of connection logs to access the mobile Application and Services. It is their responsibility to take the necessary precautions to avoid their fraudulent use. Any use of the services will be considered as carried out by the User. The Publisher cannot be held responsible for any fraudulent use and the consequences thereof. In case of loss, diversion, or fraudulent or unauthorized use of the identifier, the User undertakes to immediately notify the Publisher by email: firstname.lastname@example.org, who will proceed to reset the account. In case of forgotten password, just click on “forgot password”; a page will open to allow the User to redefine a new password.
ARTICLE 6 – FEATURES
Once connected to their account, the User accesses the different Services and Features of the mobile Application by scanning the QR Code appearing on the SPARK RIDERS board game box acquired. The game box is thus linked to the created User account. Once the steps are completed, the User can start a game and interact with the voice-controlled mobile Application.
The different features offered to the User are as follows:
– User Profile
– Start a game: allows the User to start a new game
– Load a game: allows the User to access ongoing games (up to 20 maximum)
– Game history: date and status of the game played (lost or won)
– Achievement page: allows the User who has acquired achievements to unlock them
– Tutorials: the User accesses videos presenting the possible actions during a game
– “Report a problem”: allows the User to report a difficulty to the Publisher: Either by pressing the dialogue bubble during a game or via the “settings” menu for a more specific problem.
Access to different quests depends on the type of SPARK RIDERS board game box acquired by the User.
ARTICLE 7 – AVAILABILITY OF THE MOBILE APPLICATION
The Publisher makes its best efforts to make the mobile application available 24/7, regardless of maintenance operations. However, access and use of the Services may be suspended in cases of force majeure, events beyond its control, and for necessary maintenance and data update operations for the proper functioning of the mobile application. The Publisher, therefore, cannot be held responsible in case of unavailability for any reason. It is committed to making the mobile application available again within a reasonable timeframe.
The User is solely responsible for the effectiveness of their terminal and web connection. The Publisher is not responsible for the quality, availability, and reliability of the mobile terminal and telecommunication networks. Consequently, it cannot guarantee optimal or permanent availability of the service, which the User acknowledges. The mobile application version must be regularly updated at the Publisher’s discretion to ensure optimal security and, if necessary, to evolve the features and/or services provided by the Publisher. The User is notified by the Publisher of the updates to be performed.
The Publisher informs you that the information collected and processed via the “SPARK RIDERS” mobile application is processed and hosted by external service providers. The Publisher’s responsibility cannot be engaged due to technical unavailability of the connection or the mobile terminal, whether due to force majeure, maintenance, an update, a modification, intervention by the subcontractor or manufacturer of the terminal, an internal or external strike, a network failure, or incorrect configuration or use of the terminal by the User.
ARTICLE 8 – INTELLECTUAL PROPERTY
The “SPARK RIDERS” mobile application and all the Services offered by ARKADA STUDIO, as well as all the elements composing the mobile application and the SPARK RIDERS game, are the exclusive property of ARKADA STUDIO.
The Publisher grants the User with a personal account and a valid QR Code:
A personal right to use the “SPARK RIDERS” mobile application and its Services,
And a right to access a dedicated space in the mobile application according to the User’s profile linked to the acquired game box;
All of these are non-exclusive, revocable, non-assignable, non-transferable, excluding any other right of exploitation, reproduction, or representation.
It is strictly forbidden for the User, for any reason, to:
Access, attempt to access, copy, use the source codes of the mobile application;
Use the mobile application for purposes other than using the Services;
Impersonate any individual or entity;
Copy, modify, correct, adapt, host, extract, reuse, broadcast, or commercially exploit the Services, the mobile application or the content without the Publisher’s authorization;
Incorporate the mobile application into other software or create derivative works based on the “SPARK RIDERS” mobile application, regardless of the means or supports;
Disclose their account information to third parties;
Sell, rent, sublicense, or distribute the mobile application and/or content to third parties in any way.
Export the mobile application, merge all or part of it with other computer programs;
Extract or reuse, including for private purposes, without prior written authorization from the Publisher, a substantial or non-substantial part of the content of the databases and archives constituted by the mobile application;
Attempt to damage, destroy the mobile application or hack the mobile application and/or its content in whole or in part;
Use a data collection system or another process of obtaining and extracting data in connection with the mobile application or the Services of the Publisher;
The User undertakes to:
Use the mobile application without infringing on the rights of the Publisher or those of one or more other Users of the mobile application. In particular, they undertake to ensure that this use does not constitute an act of infringement, unfair competition, or parasitism;
Inform the Publisher as soon as they become aware of an act of hacking, impersonation, infringement, and in particular of any illicit or non-contractual use of the mobile application and/or content regardless of the mode of distribution.
It is specified that all elements of the mobile application, its structure, the services offered, their content, the information presented, illustrations, drawings, photographs, images, music, sounds, and videos, programs, their organization, databases, and the software tools implemented constitute works of the mind or elements of databases and are protected as such by the legislation and treaties of countries worldwide. The Publisher holds all the rights related to them. The User undertakes to respect the intellectual property rights relating to the mobile application and the elements composing it. Any unauthorized exploitation, any reproduction or representation, in whole or in part, of the mobile application by any means, any publication or distribution of the contents of the mobile application (for example: videos, sounds, music, images, texts) is prohibited and would notably constitute an infringement sanctioned by the Intellectual Property Code. In the event that a User notices an infringement of their intellectual property rights or the rights they hold on the attributes of their personality via the mobile application, or the behavior and/or use by other users of inappropriate, illegal, unsuitable contents, they are invited to inform the Publisher by email: email@example.com, which after examination will modify or delete the reported content, if necessary. However, the Publisher declines all
responsibility for the violation of intellectual property rights and other infringements that could be committed via the mobile application by one or more of its Users, within the framework of the Services provided.
ARTICLE 9 – LIABILITY
The Publisher reminds that the User is solely responsible for the proper use with discernment of the Services made available to them via the mobile application. The Publisher cannot be held responsible for the direct and indirect, material, or immaterial consequences resulting from the consultation, use, and/or interpretation of the information, content, and data accessible via the mobile application.
The Publisher does not choose, control, and/or endorse the audio elements integrated by the Users of the mobile application. It cannot control the contents and information disseminated by each User, which are their sole responsibility. The Publisher does not monitor the content of said elements. The account holder assumes full responsibility for the nature and reality of the elements integrated via the mobile application.
ARTICLE 10 – PROTECTION OF PERSONAL DATA
The Publisher as the Data Controller invites Users to read its Personal Data Policy accessible by clicking on the following link or by consulting the website.
ARTICLE 11 – CREATION, MODIFICATION, SUSPENSION, AND DELETION
11.1 Creation and modification
The operations of account creation and modification of the User profile are carried out by the User themselves.
In case of non-compliance with these general conditions (i) or behavior likely to harm and harm the Publisher or a User of the mobile Application published by ARKADA STUDIO (ii), or fraudulent use or participation in illegal actions (iii), the Publisher may suspend without notice access to the mobile Application.
11.4 Account deletion
The User may at any time request the Publisher to delete their account. To do this, they send their request by email to the following address: firstname.lastname@example.org. Once the deletion is carried out, access to the account and the features of the mobile Application will be deleted and all the information and data contained in the User’s personal space will be destroyed. The Publisher is nevertheless authorized to keep a copy of the information for the duration necessary to meet legal obligations, and in particular, to prevent potential illicit behavior.
11.5 Inactive account
Without account activity for a maximum period of 18 months, the User’s account will be considered inactive and will be automatically deactivated by the Publisher.
ARTICLE 12 – ASSISTANCE AND HELP
For any questions, information, complaints, assistance regarding the Services provided by ARKADA STUDIO via the “SPARK RIDERS” mobile application, an assistance service is available to the User by email: email@example.com
As a reminder, the “report a problem” button allows the User to report a difficulty to the Publisher either by pressing the dialogue bubble during a game or via the “settings” menu for a more specific problem.
ARTICLE 13 – SEVERABILITY
If any provision of this License or a part thereof is null and void under a rule of law or a current law, it will be deemed unwritten, but will not result in its nullity or that of the partially concerned clause.
ARTICLE 14 – SUBCONTRACTING
The Publisher reserves the right to call upon subcontractors of its choice for the execution of services related to the Services.
ARTICLE 15 – FORCE MAJEURE
The Publisher cannot be held responsible for any delay in the execution of its obligations or for any non-execution of its obligations resulting from these when the circumstances giving rise to it are due to force majeure. In accordance with the provisions of Article 1218 of the New Civil Code, “There is force majeure in contractual matters when an event beyond the control of the debtor, which could not reasonably have been foreseen at the time of the conclusion of the contract and whose effects cannot be avoided by appropriate measures, prevents the execution of his obligation by the debtor. If the impediment is temporary, the execution of the obligation is suspended unless the resulting delay justifies the termination of the contract. If the impediment is definitive, the contract is terminated by operation of law and the parties are released from their obligations under the conditions provided for in articles 1351 and 1351-1 of the new civil code.”
ARTICLE 16 – APPLICABLE LAW AND DISPUTES
The conclusion, interpretation, and validity of these GTC and all contracts arising from them and their aftermath are subject to the Law and French Regulations in force, to the exclusion of any other legislation, regardless of the nationality of the User and the place of use of the mobile application, this applies to both substantive and procedural rules.