ACCEPTANCE OF CONTRACT TERMS
The Gameloft web group is comprised of various web sites and web pages owned and/or controlled and operated by Gameloft (collectively, the "Sites").
The Sites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein and as outlined on any of the Sites. By accessing, browsing and/or using the Sites, you acknowledge that you have read, understood, and agree to be bound by these terms and comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE ANY OF THE SITES.
MEMBER ACCOUNT, PASSWORD, AND SECURITY
If a particular Site, or any product or service offered through the Sites requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You then will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Gameloft immediately of any unauthorized use of your account or any other breach of security. Gameloft will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Gameloft or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
INFORMATION SECURITY AND QUALITY
Gameloft informs you that the personal information directly or indirectly collected on the Web site are protected by the French Act "Informatique et Libertés" ("the Act"). Gameloft is committed to making respect the right of the user to access, rectify, modify and suppress the personal information in compliance with article 34 of the Act.
Gameloft is committed to keeping secure the data you provide us and will take reasonable precautions to protect your personally identifiable information from loss, misuse or alteration. We are committed to responding in a timely manner to your requests to correct inaccuracies in your personal information.
To correct such inaccuracies, please return the message containing the inaccuracies to the sender with details of the correction requested.
If you would like to have deleted the personally-identifiable information you have submitted through the Sites from our marketing databases, please contact us. We will then use reasonable efforts to remove your personally identifiable information from our files.
RULES OF CONDUCT
Transmit or facilitate distribution of content that are harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or in a reasonable person's view, objectionable.
Attempt to acquire a password, street address, credit card numbers, account information, or any other private information from a Member or any other user on the Sites.
Upload or distribute any software or content that you do not own or have permission to freely distribute.
Promote or encourage any illegal activity including hacking, cracking or distribution of counterfeit software.
Upload files that contain a virus or corrupted data.
Improperly use the in game support or complaint buttons or make false reports to Gameloft staff members.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Illegal behavior involving the use of any of the Sites shall be grounds for the termination of a Member's account. Gameloft shall fully cooperate with law enforcement officials on such matters and prosecute such offenses to the full extent of the law.
You agree that you will be personally responsible for your use of the Sites, and that you will indemnify, defend and hold harmless Gameloft, and its respective affiliates, employees, officers, and directors from and against any and all claims, liability, losses, damages, costs and expenses (including reasonable attorneys' fees) incurred by Gameloft in connection with your use or alleged use of the Sites, including your conduct. Gameloft reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Gameloft's defense of such claim.
LINKS TO THIRD PARTY SITES
Any dealings with third parties (including advertisers) included within the Sites or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. Gameloft shall not be responsible or liable for any part of any such dealings or promotions.
SOFTWARE AND CONTENT AVAILABLE THROUGH THE SITES
All content and software ("Software") (if any) that is made available to view and/or download in connection with the Sites is owned by and is the copyrighted work of Gameloft and/or its suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE SITES AND TO THE INFORMATION THEREIN. GAMELOFT AND ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITES AT ANY TIME.
GAMELOFT AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, CONTENT AND RELATED GRAPHICS CONTAINED WITHIN THE SITES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, CONTENT AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. GAMELOFT AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, COMMUNICATIONS, CONTENT AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.
The Sites, including, without limitation, all communication features, contain copyrighted material, trademarks and other proprietary information including, without limitation, text, software, photographs, video, graphics, music and sound, and the entire contents of the Sites and each area contained therein are the property of Gameloft and/or third-party content providers. Gameloft owns a copyright in the selection, coordination, arrangement and enhancement of such content. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content contained on the Sites (including, without limitation, content that Gameloft enables you to download) without the express written permission of Gameloft and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. The downloading of copyrighted material from the Sites is allowed by you only for your own use. You acknowledge that the Gameloft and/or third-party content providers remain the owners of all materials posted on the Sites, and that you do not acquire any of those ownership rights by downloading copyrighted materials.
Gameloft is pleased to hear from their customers and welcomes their comments regarding Gameloft's services and the Sites. Unfortunately, however, long-standing company policy does not allow us to accept or consider creative ideas, suggestions or materials other than those it has specifically requested. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by Gameloft's professional staff might seem to others to be similar to their own creative work. Accordingly, we must, regretfully, ask that you do not send us any original creative materials such as game ideas or original artwork. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products, and not submit any creative ideas, suggestions or materials.
If at our request you send certain specific submissions (e.g., Communications, including, postings and creative submissions) or, despite our request that you not send us any other creative materials, you send us creative suggestions, ideas, notes, drawings, concepts or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, the property of Gameloft. None of the Submissions shall be subject to any obligation of confidence on the part of Gameloft, and Gameloft shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, Gameloft shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature, in perpetuity, throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. You waive any and all moral rights in any such Submissions as well as any claim to a right of credit or approval.
You must use a credit card to pay for your subscription(s). When you provide credit card information to Gameloft, you represent that you are the authorized user of the credit card that is used to pay the subscription or other fees. Each month that you use the Site, you agree and reaffirm that Gameloft is authorized to charge your credit card for the subscription fee. You agree to promptly notify Gameloft of any changes to your credit card account number, its expiration date and/or your billing address, and you agree to promptly notify Gameloft if your credit card expires or is canceled for any reason.
The shops ("Shops") on the Sites provide you the opportunity to purchase various Gameloft products and services.
You are responsible for paying the entire amount due on your purchase, including any applicable taxes, shipping and other charges assessed by the merchant.
You represent and warrant that you are at least 18 years of age and that you possess the legal right to use the Shops in accordance with the stated terms and usage policies. You hereby agree to supervise usage by, and be responsible for the actions of, any minors who use your computer and/or registration account to access the Shops.
ELECTRONIC SOFTWARE DOWNLOADS REFUND POLICY
Gameloft products can be selected as downloadable software from our online store. Once your credit card has been authorized, processing can take up to 2 minutes, you will receive instructions on how to download your software.
If the transmission is interrupted in any way you will initially receive a total of two attempts to download your software. If at any reason you cannot download the software please contact the Gameloft technical team at
We accept ABSOLUTELY NO RETURNS on software downloads. Please read the system requirements very carefully before making any purchases.
GENERAL TERMS AND CONDITIONS
COPYRIGHT AND TRADEMARK NOTICES
Gameloft, Gameloft.com, Gameloftpocket, Ludigames and/or other products referenced herein are either trademarks or registered trademarks of Gameloft. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.
All contents of the Site are: Copyright © 2005 Gameloft S.A
GAMELOFT S.A. LEGAL DEPARTMENT
Jérôme Sibade - Jsibade@gameloft.com
35 rue Greneta