TERMS OF SERVICE
Last Update: March 5th, 2013
These Terms of Service are intended to define the terms and conditions of use of the videogame “Tekken Card Tournament” provided by NBGE on the website http://www.tekken-card-tournament.com and on mobile applications, as well as the rights and obligations of the User in this context.
In these Terms of Service, the terms identified by a capital letter shall have the meaning specified below, whether used in singular or plural.
"Content"includes information, data, text, software, technology, forum/chat posts, profiles, music, sound, pictures, graphics, video, messages or any other material available on the Game.
"Game" means the Namco Bandai free to play videogame “Tekken Card Tournament” available on the website http://www.tekken-card-tournament.com and on mobile applications.
"Login ID" means the identification data necessary for the User to access to the Game, such as described in Article 4.1 of these Terms of Service.
"NBGE" means the company Namco Bandai Games Europe, or any of its subsidiaries and affiliates, a company formed in accordance with and by virtue of the laws of France, having its registered office at 21-23 rue du petit Albi, CS 48470, 95808 CERGY PONTOISE Cedex – France.
"Platform" means together the website http://www.tekken-card-tournament.com/ and the mobile applications on which User can access to the Game.
"Terms of Service" means this document.
"User" means any person accessing and using the Game, regardless of their location and connection modalities, without limitation of age. However, for minors, their legal representative will be responsible for the participation of their child.
2. ACCEPTANCE OF THE TERMS OF SERVICE
These Terms of Service form a legally binding contract between NBGE and the User. Access to the Game is subject to the express and unconditional acceptance by the User of these Terms of Service. The registration on the Game and its use imply express and unconditional acceptance by the User of these Terms of Service and his/her commitment to respect their content. The User acknowledges having read and fully understood these Terms of Service.
NBGE reserves the right to modify and update, without notice, these Terms of Service. Any modification of these Terms of Service will come into force after their acceptance by the User at the time of accessing the Game.
3. DESCRIPTION OF THE GAME
NBGE provides to the User a free to play videogame based on the famous Tekken brand. Tekken Card Tournament is an online card game with three access platform: iOS application, Android application, and web pages. For all three platforms the compatibility is set by Unity3D v3.5 supported devices. The Game includes two play modes:
The Game includes an online shop to buy card packs and a menu to buy individual cards.
Finally, NBGE’s team is able to communicate with users through a built in news and private message
4. ACCESS TO THE GAME
4.1. Conditions to access to the Game. The access to the Game is free of charge. The User can access to the Game (i) by connecting to the Platform, (ii) by creating a personal account in the tab “Log in to play Tekken Card Tournament”, and (iii) by entering his/her e-mail address, and then the Login ID he/she would have chosen.
The Login ID is strictly personal and the User forbids him/herself from sharing it with anyone so that no one else can enjoy the User’s access to the Game. In this respect, the confidentiality obligations of the User are described in Article 4.4 below.
4.2. Minimum system requirements Minimum system requirements. Access to the Game requires that the User has computer equipment (PC, Mac, Smartphone, tablet PC…) with the following minimum system requirements:
NBGE shall in no manner be held liable in case of difficulty of access to the Platform and the Game if the User does not have the minimum system requirements. All costs associated with the access to the Game and its use, whether being materials, software or Internet access costs, are at the exclusive charge of the User. The User is solely responsible for the proper functioning of its computer equipment and Internet access.
4.3. Availability of the Platform and the Game The Platform and the Game are available 24/7, subject to the occurrence of an act of God or an unforeseeable circumstance beyond NBGE’s control, and except interruption, suspension or limitation in the case of corrective and/or update maintenance necessary for the proper functioning of the Platform, the Game and/or the Content, or for any other reason, including a technical one. These operations of maintenance and/or update may take place without prior notice of the User. NBGE is only bound by an obligation of means concerning the accessibility and availability of the Platform and the Game.
4.4. Confidentiality and use of the Login ID The Login ID is strictly personal and confidential. The User undertakes to keep private and not disclose it to third parties for any reason, in any manner and means whatsoever. If one of the User’s identification elements is lost or stolen, the User shall promptly inform NBGE by email at the following address: email@example.com, which will proceed to the immediate cancelation and/or update of the Login ID. In any case NBGE shall not be held liable for the loss or fraudulent use of the User’s Login ID. The User undertakes to promptly inform NBGE of any unauthorized use of his/her Login ID and/or any breach of security of the Game. The User also undertakes to ensure that he/she properly logs off at the end of every Game session. The User will be sole responsible for the use of his/her Login ID by third parties and of the actions or statements made through his/her account, whether fraudulent or not. The User guarantees NBGE against any claim to that title.
5. PAYEMENT TERMS
5.1. The Game features two types of currency that the User can use to purchase items from the online store and from the submenu “Collection” of the menu “Cards”.
For the payment of any purchase, the User will be redirected to In App Purchase or PayPal websites. No banking data will ever be asked by NBGE on the Platform. NBGE shall in any case be liable for any technical difficulties that may be encountered by the User while purchasing the Premium currency.
5.2. The User must be eighteen (18) years of age or older to buy Credits. If the User is under the age of eighteen (18), he/she may buy Credits only with the involvement of his/her parent or legal guardian. The User undertakes to review these Terms of Service with his/her parent or legal guardian so that they both understand all of their rights and responsibilities.
5.3. Users have no proprietary right on Credits and Gold. They only have a limited right to use them for the sole purpose of the Game. Credits and Gold have no financial value. They are not refundable, transferable, or redeemable in whole or in part. Users undertake neither to sell Credits and/or Gold nor to transfer them to anyone. NBGE reserves the right to modify at any time the amount of Credits and/or Gold or to stop issuing these currencies.
6. PERSONAL DATA PROTECTION
6.2. Security of the User’s personal data. In accordance with the Law, NBGE agrees to take useful caution with regard to the nature of the data and the risks of the treatment, in order to preserve the security of the Users’ personal data and, in particular, prevent any distortion and damage of their personal data, or access to them by unauthorized third parties.
6.3. Hosting. The Platform is hosted by Heroku, Joyent, Amazon, OVH and NewRelic. Any information provided or collected via the Platform will be stored on the server(s) of these hosts, allocated to NBGE. These hosts act as subcontractors of NBGE and under its written instructions, within the meaning of the Law. The hosts have no right to use users’ personal data, except for the execution of technical hosting services and database management, and only in the contractual terms signed between them and NBGE, which cannot infringe this Section.
6.4. Users’ rights on their personal data.At any time, the User can update or modify his/her personal information in the “account” section. As required by law relating to the protection of personal data, and specifically to articles 39 and 40 of the Law, users have a right to access, modify, correct and delete their personal data. Under article 38 of the Law, users with legitimate reasons have the right to oppose any processing of their personal data. Users may exercise these rights by contacting NBGE at the following email address: firstname.lastname@example.org.
7. USE OF THE GAME
7.1. Private use The Game is intended to be used for purely private purposes. The Game cannot be used by the User for commercial purposes. In this respect, the User undertakes not to disassemble, decompile or reverse engineer the source code of the Platform and the Game. The User also undertakes not to sell, rent, make available in any form whatsoever or market the components of the Platform and the Game and the Content present on it.
7.2. Compliance with laws The User guarantees NBGE that he/she will not use the Game for illicit purposes and agrees to comply with the national and international laws and regulations, including the provisions of the Law.
8. INTELLECTUAL PROPERTY
8.1. NBGE’s intellectual property rights The Platform, The Game and the Contents created by NBGE are protected by intellectual property rights (including without limitation all copyrights, patent rights, trademarks, designs, database, domain names, and any other existing of future intellectual property right, French and international) and belong to NBGE or third parties, which have authorized NBGE to use them. In any way the use of the Platform and the Game does not confer to the User a property right or an intellectual property right on the Platform and/or the Game.
8.2. Limited use License. For the duration of the User’s use of the Game, NBGE grants the User a non-exclusive, non-transferable, revocable, limited right and license to use the Game and the Contents created by NBGE solely for the User’s personal use of the Game, all solely in accordance with these Terms of service. In any case, the User’s right to use the Game and/or the Contents present on it is subject to the compliance, by the User, of these Terms of Service and any applicable law or regulation. Any use of the Platform, the Game or the Contents for any purpose other than those permitted by these Terms of Service violates the intellectual property rights of NBGE and may result in civil and criminal prosecution.
9.1. NBGE grants no express or implied warranty, including without limitation, as for the continuity, performance and/or durability of the Game and/or as for the adaptation and/or conformity of any element of the Platform, the Game and/or the Contents to a personal use or needs of the User. The Game is distributed as is and depending on availability.
9.2. Access to the Platform, Game and Contents implies knowledge and acceptance of the characteristics and limits of the Internet, especially regarding technical performance, response times for consulting, querying or transferring information, risks of interruption and more generally inherent risks of any connection and transmission on the Internet, the lack of protection of certain data against possible misappropriation and the risks of contamination by possible viruses circulating on the network. NBGE does not warrant that the functions, Contents or other materials present on the Game will be available at all times, continuously and error free, that any defect or error will be corrected immediately or that the Platform or its server will be anytime exempt from viruses, worms, Trojan horses or other component likely to cause damage.
10.1. BGE shall not be liable for any direct or indirect damage resulting from an interruption, malfunction of any kind, suspension or termination of the Platform and/or the Game, and this for any reason whatsoever, or for any direct or indirect damage resulting, somehow, from a connection on the Platform. It belongs to all users to take all appropriate measures to protect against any attack their own data and/or software stored on their computing equipment. The connection of any person to the Platform and the participation in the Game are done at their own risk.
10.2. The User is the only one judge on the proper use, with judgment and mind, of the Game and the Contents available on it. No advice or information, whether oral or written, obtained by the User during the use of the Game are likely to create warranties not expressly provided for in these Terms of Service.
10.3. The User acknowledges that NBGE remains free to correct and/or modify, at any time and without notice, the Platform, the Game and/or the Contents, without such a correction and/or modification conferring to the User any right to any appeal.
10.4. The User acknowledges that NBGE remains free to stop, at any time, broadcasting the Game on the Platform, with the observance of a notice of three (3) months after sending a notification to the users, and without such a decision conferring to the User any right to any appeal.
10.5. The liability of NBGE shall not incur, in general, in case of force majeure or unforeseeable circumstances beyond its control.
11. SUSPENSION AND TERMINATION OF THE ACCESS TO THE GAME
In case of failure by the User to comply with any provision of these Terms of Service, or more generally for violation of laws and regulation, NBGE reserves the right to limit, suspend or terminate, without formal notice, delay or compensation, the access to all or part of the Game to any User. NBGE may order this suspension or termination without prejudice to any damages that NBGE could claim as a result of these breaches and to any penalties that may be due. The User acknowledges that NBGE may restrict his/her right to access or use all or part of the Game, under the above mentioned conditions.
12. APPLICABLE LAW AND DISPUTE RESOLUTION
Although these Terms of Service are written in English for the ease of understanding by both parties, it is expressly understood that these Terms of Service shall be governed by and interpreted in accordance with the laws of France. Both parties shall use their best efforts to resolve by mutual agreement any disputes, controversies or differences which may arise between the parties to construe or enforce these Terms of Service. Any litigation arising out or connected with these Terms of Service shall be submitted to the exclusive jurisdiction of the courts of Lyon – France.
13. GENERAL PROVISIONS
13.1. Intuitu personae These Terms of Service are concluded “intuitu personae”. The User may not assign or delegate any rights or obligations under these Terms of Service without NBGE’s prior written consent. Any unauthorized assignment and delegation by the User will be void and ineffective.
13.2. Severability If any term or provision of these Terms of Service is or becomes invalid or unenforceable under any regulation, enactment or rule of law of a jurisdiction affecting the performance of the Terms of Service, such a term or provision shall be deemed ineffective to the extent of its prohibition in the said jurisdiction. The invalidity or unenforceability of any such term or provision shall not be construed as affecting the remaining provisions of These Terms of Service.
13.3. No waiver No failure or delay on the part of either party to exercise any right or remedy under these Terms of Service shall be construed or operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude the further exercise of any such right or remedy.