Terms of use

LEGAL MENTIONS

ERUNE mobile application

Designation of the company that publishes the mobile application ERUNE

The Company ARKADA STUDIO, simplified joint-stock company with a capital of €30,000, registered in the Registre du Commerce et des Sociétés (Trade and Companies Register) of ROUEN under the number 881 197 388, whose head office is 538 rue aux Saulniers 76320 SAINT-PIERRE-LÈS-ELBEUF, FRANCE.

The contact details of the company ARKADA STUDIO are the following: Email : contact@arkada.fr

Head of publication: Mr Quentin DELEAU

Host of the mobile application: Clever Cloud SAS is a joint-stock company with a capital of € 22,952 registered in the Registre du Commerce et des Sociétés (Trade and Companies Register) of NANTES under number 524 172 699. Its head office is located at 3 rue de l’Allier, 44000 Nantes FRANCE. Phone number: (0033) 2 85 52 07 69

LEGAL MENTIONS

Website

www.arkada.studio.fr

Designation of the company that publishes the website www.arkada.studio.fr

The contact details of the company ARKADA STUDIO are the following: Email : contact@arkada.fr

Head of publication: Mr Quentin DELEAU

Website host: SSARL IONOS, a company with a capital of €100,000 registered in the Registre du Commerce et des Sociétés (Trade and Companies Register) of SARREGUEMINES under the number 431 303 775, whose headquarters is 7, Place de la Gare BP 701009 57200 SARREGUEMINES CEDEX. Phone number: (0033) 970 808 911 – Email : info@ionos.fr

TERMS OF SERVICE

OF THE ERUNE MOBILE APPLICATION

Applicable on 15/11/2021

The company ARKADA STUDIO is a simplified joint stock company with a capital of 30.000 €, registered at the Trade and Companies Register of ROUEN under the number 881 197 388, whose head office is located at 538 rue aux Saulniers 76230 SAINT PIERRE LÈS ELBEUF. The coordinates of the company ARKADA STUDIO are as follows: Email : contact@arkada.fr

ARKADA STUDIO (hereinafter referred to as “the Company” and “the Publisher”) publishes a voice-activated mobile application under the name “ERUNE” offering its Users, exclusively individuals, as consumers and for private, family or personal use, services and features enabling them to play the board game ERUNE.

These terms of use (hereinafter referred to as “TOS”) are entered into between the Company and the User (hereinafter referred to as “User” or “Player”). The purpose of these Terms of Use is to define the terms of use of the “ERUNE” voice-activated mobile application and the conditions for accessing the Services offered by the Publisher.

ARTICLE 1 – PURPOSE

The purpose of the “ERUNE” voice-activated mobile application is to offer its Users features and services in addition to the purchase of the ERUNE board game.

ARTICLE 2 – SCOPE OF APPLICATION

The present TOS express the entirety of the obligations of the parties. The User acknowledges having read the TOS defined below and accepts them unconditionally and without reservation. Any use of the Mobile Application must comply with these TOS. The Publisher reserves the right to update these TOS, in particular as the Mobile Application evolves. In this case, the Publisher shall inform the User by any means, who shall be informed immediately.

ARTICLE 3 – ACCESS

Access to the “ERUNE” mobile Application requires the use of a mobile terminal and access to the secure Internet network.

Use of the mobile Application, access to all the Services and content of the Application, and access to a personalized space, requires downloading via the Apple App Store and Google Play Store download platforms.

Downloading the Application, registering and creating an account are free. Access to the Services offered by the Publisher via the mobile Application is conditional on the creation of a personal account and the possession of a QR-Code available on an ERUNE board game box. Users ensure that they have the technical means to access the Mobile Application and its services. They must have a Mobile Terminal and access to the Internet using a secure access.

ARTICLE 4 – TECHNICAL REQUIREMENTS

Access to the “ERUNE” mobile Application requires the use of a mobile terminal and access to the Internet network.

It is also necessary to have the following configurations on your mobile terminal to use the services:

Fast and efficient internet connection

Speakers or headphones

Access to the microphone (consent required)

Access to the camera (consent required)

Access to voice recognition (consent required)

Access to a QR code scan

The User must ensure that the software and mobile device used is up to date and suitable for use with the “ERUNE” Mobile Application.

ARTICLE 5 – CREATION OF USER ACCOUNT

Access to and use of all the Services and content of the “ERUNE” Mobile Application, as well as access to a personalized space, requires the User to create an account.

When registering, the User chooses an identifier and a password and provides their email address. It is the User’s responsibility to verify that the data provided 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 the User’s responsibility to take the necessary precautions to avoid their fraudulent use. Any use of the Services shall be considered as made by the User. The Publisher shall not be held liable for any fraudulent use and the consequences thereof. In the event of loss, misappropriation or fraudulent or unauthorized use of User’s login information, User agrees to immediately notify the Publisher by email at contact@arkada.studio.fr, who will then proceed to reset the account. If User forgets his or her password, he or she may click on “Forgot Password” and a page will open offering User the opportunity to set a new password.

ARTICLE 6 – FUNCTIONALITIES

Once connected to their account, the User accesses the various Services and Features of the Mobile Application by scanning the QR-Code on the ERUNE game box acquired. The game box is thus linked to the User account created. Once the steps have been completed, the User can launch a game and interact with the mobile Application by voice command.

The different functionalities offered to the User are the following:

User Profile

My characters

Start a game: allows the User to start a new game

Load a game: allows the User to access the games in progress (up to 20 maximum)

Erune Mode: allows the User to access the voice command

“Report a problem”: allows the User to report a difficulty to the Editor by pressing the speech bubble during a game.

Access to the different quests depends on the type of ERUNE board game box acquired by the User.

ARTICLE 7 – AVAILABILITY OF THE MOBILE APPLICATION

The Publisher shall use its best efforts to make the Mobile Application available 24 hours a day, 7 days a week, regardless of maintenance operations. Access to and use of the Services may, however, be suspended in the event of force majeure, the occurrence of an event beyond the Publisher’s control, and for maintenance operations and data updates necessary for the proper functioning of the Mobile Application. The Publisher shall therefore not be held responsible in the event of unavailability, for whatever reason. The Publisher undertakes to use its best efforts to ensure that the Mobile Application is available again within a reasonable time.

The User is solely responsible for the effectiveness of his terminal and his 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 software version of the Mobile Application may be updated to add new features and services.

The Publisher informs you that the information collected and processed through the “ERUNE” Mobile Application is processed and hosted by external service providers. The Publisher cannot be held liable for technical unavailability of the connection or the mobile terminal, whether due to force majeure, maintenance, updating, modification, intervention by the subcontractor or the terminal manufacturer, an internal or external strike, a network failure or incorrect configuration or use of the terminal by the User.

ARTICLE 8 – INTELLECTUAL PROPERTY

The “ERUNE” mobile application and all the Services offered by ARKADA STUDIO as well as all the elements that make up the mobile application and the ERUNE 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 “ERUNE” mobile Application and its Services,

And a right of access to a space dedicated to the mobile Application according to the User’s profile in connection with the game box acquired;

All of which is non-exclusive, revocable, non-assignable and non-transferable, to the exclusion of any other right of exploitation, reproduction or representation.

It is formally forbidden to the User, for any reason whatsoever, to :

Access, attempt to access, copy or use the source codes of the Mobile Application;

Use the Mobile Application for any purpose other than to use the Services;

Impersonate any person or entity;

Copy, modify, alter, adapt, host, extract, reuse, distribute, or commercially exploit the Services, the Mobile Application or the Content without the permission of the Publisher;

Incorporate the Mobile Application into other software or create derivative works based on the “ERUNE” Mobile Application by any means or media;

Disclose account information to third parties;

Sell, rent, sublicense or otherwise distribute the Mobile Application and/or content to third parties.

Export the Mobile Application, merge all or part of it with other computer programs;

Extract or reuse, including for private purposes, without the prior written consent of the Publisher, any substantial part or not of the content of the databases and archives constituted by the Mobile Application;

Attempt to damage or destroy the Mobile Application or hack the Mobile Application and/or its contents in whole or in part;

Use a data collection system or any other process to obtain and extract data in connection with the Mobile Application or the Publisher’s Services;

The User agrees to:

Use the Mobile Application without infringing either the rights of the Publisher or those of one or more other Users of the Mobile Application. In particular, the User undertakes to ensure that such use does not constitute an act of infringement, unfair competition or parasitism;

To inform the Publisher as soon as they become aware of an act of piracy, usurpation, or counterfeiting and in particular of any illicit or non-contractual use of the Mobile Application and/or the content, regardless of the method of distribution.

It is hereby specified that all the elements of the Mobile Application, its structure, the services offered therein, their content, the information presented therein, the illustrations, drawings, photographs, images, pieces of music, sounds and videos, programs, their organization, databases and software tools implemented therein constitute intellectual works or database elements and are protected as such by the legislation and treaties of countries throughout the world. The Publisher is the owner of all related rights. The User undertakes to respect the intellectual property rights relating to the Mobile Application and its components. Any unauthorized use, reproduction or representation of the Mobile Application in whole or in part by any means whatsoever, or any publication or distribution of the contents of the Mobile Application (for example: videos, sounds, music, images, texts) is prohibited and shall constitute an infringement punishable under the Intellectual Property Code. In the event that a User notices an infringement of their intellectual property rights or of the rights they have over the attributes of their personality via the Mobile Application, or the behaviour and/or use by other users of inappropriate, illegal or unsuitable content, they are invited to inform the Publisher by e-mail: support@arkada.fr, who will, after examination, modify or delete the reported content, if necessary. However, the Publisher accepts no responsibility for any infringement of intellectual property rights or other violations that may be committed via the Mobile Application by one or more of its Users in connection with the Services provided.

ARTICLE 9 – LIABILITY

The Publisher reminds you that the User is solely responsible for the proper and discerning use of the Services made available to him via the Mobile Application. The Publisher shall not be held liable for any direct or indirect consequences, whether material or immaterial, that may result from the consultation, use and/or interpretation of the information, content and data accessible via the Mobile Application.

The Publisher does not select, control and/or endorse the audio elements integrated by the Users of the Mobile Application. The Publisher cannot control the content and information posted by each User, which is the sole responsibility of the User. The Publisher does not monitor the content of such material. The account holder assumes full responsibility for the nature and reality of the material posted via the Mobile Application.

ARTICLE 10 – PROTECTION OF PERSONAL DATA

By using the “ERUNE” Mobile Application via an account, the User consents to the processing of their Personal Data for the purpose of the Service, including the collection and storage of their Personal Data. The Publisher’s collection and processing of Personal Data in connection with the provision of the Services is done in accordance with the Data Privacy Policy.

The Publisher, as the data controller, invites Users to review its Personal Data Policy, which can be accessed by clicking on the following link _____________ or by visiting the website.

ARTICLE 11 – CREATION, MODIFICATION, SUSPENSION AND DELETION

11.1 Creation and modification

The operations of creating an account and modifying the User profile are carried out by the User himself.

11.2 Suspension

In the event of non-compliance with these terms of use (i) or behavior likely to 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 access to the Mobile Application without notice.

11.4 Deletion of Account

The User may request the Publisher to delete their account at any time. To do so, the User should send a request by e-mail to the following address: support@arkada.fr. Once the deletion is made, access to the account and to the features of the Mobile Application will be deleted and all information and data contained in the User’s personal space will be destroyed. However, the Publisher is entitled to keep a copy of the information for as long as is necessary to comply with legal obligations, and in particular, to prevent possible illicit behavior.

11.5 Inactive account

If there is no activity in the account for a maximum 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 question, information, claim, assistance, concerning the Services provided by ARKADA STUDIO via the “ERUNE” Mobile Application, a support service is available to the User by email: contact@arkada.studio.fr

SECTION 13 – SEVERABILITY

If any provision of this License, or any portion thereof, is invalid under any applicable law or regulation, it shall be deemed unwritten, but shall not invalidate the provision or portion thereof.

ARTICLE 14 – SUBCONTRACTING

The Publisher reserves the right to use subcontractors of its choice to perform the Services.

ARTICLE 15 – FORCE MAJEURE

The Publisher shall not be liable for any delay in the performance of its obligations or for any failure to perform its obligations hereunder where the circumstances giving rise thereto constitute force majeure. Pursuant to the provisions of Article 1218 of the New Civil Code, “Force majeure occurs in contractual matters when an event beyond the control of the debtor, which could not be reasonably foreseen at the time of the conclusion of the contract and the effects of which cannot be avoided by appropriate measures, prevents the debtor from fulfilling his obligation. If the impediment is temporary, performance of the obligation is suspended unless the resulting delay justifies 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 TOS and all contracts arising therefrom and their consequences are subject to French law and 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, and this applies to the rules of substance and form.