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KWOOBLE APPLICATION TERMS OF USE

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Welcome to KWOOBLE!

The terms of this agreement (“Terms”) govern the relationship between you and REVELSON SASU (“REVELSON”), whose head office is located at 4 Rue Paul Valerien, 38170, Seyssinet-Pariset, France, in regards to the use of the KWOOBLE Mobile App (“Application”).

We advise you to read these Terms carefully in conjunction with the Privacy Policy, which is attached for reference here below.

  1. DEFINITIONS

    1. "Application" means the Kwooble mobile application, which can be downloaded from the Apple Store and Google Store.

    2. "Content" means the text, graphics, script, photos, music, audio-visual elements, sounds, videos, software, interactive functions, artistic work of any kind, communications, information and other materials created or otherwise made available through the Application.

    3. "Intellectual Property Rights" means any local or international, industrial or intellectual or industrial property rights, including, without limitation, rights in inventions, technologies, software, trademarks, copyrights, trade secrets, author works, logos, models, domain names, database rights, know-hows, discoveries, improvements and information, whether or not patented, and whether or not patentable.

    4. "Kwest" means the gameplay published on the Application.

    5. "Login Details" means the name or nickname, e-mail address, phone number and password, which you must provide when creating your Personal Account and with which you gain access to your Personal Account.

    6. "Personal Account" means your personal section on the Application, created by you when you register and to which you have access after entering your Login Details.

    7. "Personal Data" means the personal data as defined in article 4(1) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).

    8. "Site" means any place, public or private, referenced on the Application, about which a Kwest has been created by REVELSON or a third party.

    9. "You" or “Your” means you, a user who created a Personal Account on the Application under these Terms.   

 

I. ACCEPTANCE OF TERMS

The download, registration and use of the Application is subject to the acceptance of these Terms. Please note that if you do not agree to be bound by the Terms, you may not use the Application. 

REVELSON may modify the Terms at any time and, when this happens, it will notify you by publishing the amended Terms (“Amended Terms”) on the Application. You agree to review and accept all the said Amended Terms before continuing to use the Application and, if you continue to use the Application, you will be bound by the Amended Terms. If you do not accept the Amended Terms, you will not be able to use the Application.

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II. ACCESS TO THE APPLICATION

  1. To use the Application, you are required to create a Personal Account through the Application’s registration process. You guarantee that all the Personal Data you provide is up-to-date, correct and complete. In the event the data is at any point no longer up-to-date, correct or complete, it will be your responsibility to adjust or add the data required in the Personal Account or  to contact REVELSON in the event of technical problems.

  2. You may create a Personal Account without parental consent if you are 15 years of age or older.

  3. If you are between 13 and 15 years of age, you must have parental or legal guardian(s)’ authorisation to create a Personal Account. The parent(s) or legal guardian(s) will be responsible for your use of the Application in accordance with these Terms and the Privacy Policy.

  4. You may not create a Personal Account in someone else’s name, unless you guarantee you have legal authority to bind that person to these Terms.

  5. The Application requires the use of the GPS function of your device in order to properly function. In accordance with our Privacy Policy, you expressly agree to activate the geolocation function on your device each time you log into and use the Application. This will allow you to have full access to the gameplay experience.  You are responsible for keeping your Login Details for your Personal Account secret. If you become aware or have reason to suspect that your Login Details have come into the hands of unauthorised persons, or your device has been stolen, you must inform REVELSON thereof immediately. You must also take effective action, without delay, such as modifying your Login Details.

  6. REVELSON is not liable for any direct or indirect damage resulting from fraudulent use of your Login Details, particularly if you have disclosed them to third parties.

 

  1. AVAILABILITY OF REVELSON’S SERVICES

    1. You acknowledge and agree that REVELSON may at any time:

  • Make functional, procedural or technical changes or improvements to the Application, which may cause disturbances or interruptions to the Application; or

  • Temporarily or permanently take out part(s) of the Application for whatever reason; or

  • Take out of service, restrict the use of or terminate your Personal Account, without becoming liable to you.

    1. You may not request compensation from REVELSON in case of unavailability or failure or outages of the Application, whatever the cause.

 

  1. USE OF REVELSON’S APPLICATION

    1. REVELSON grants you a non-exclusive, non-transferable, non-sub-licensable, revocable limited license to use its Application, subject to these Terms in order to access and use the Application for your own non-commercial entertainment purposes.

You agree not to use the Application for any other purpose, including, but not limited to: (a) copying, modifying, or creating works derived from the Application; (b) distributing, transferring, sub-licensing, renting or borrowing the Application; (c) decoding, defiling, disassembling the Application; or (d) making the functions of the Application available to third parties through any means.

  1. Under the Terms, you agree to:

  • Use the Application in accordance with the purpose, morals and legitimate interests of REVELSON.

  • Use the Application in a way that is not abusive, threatening, obscene, inciting to violence, discriminatory regarding race, religion, gender, sexual orientation, culture or heritage, or otherwise offensive or objectionable against any third party.

  • Respect the private property rights on the Site, where necessary.

  • Respect the rules of use and visit of Sites and/or adopt a behaviour consistent with the type of Site visited.

  • Respect the basic rules of safety on public roads or in private spaces.

  • Refrain from engaging in any type of attack, including, without limitation to, distribution of a virus or other software that can damage, disable, delete or make the Application and/or Content inaccessible.

    1. REVELSON reserves the right to determine what conduct it considers to be in violation of these restrictions or otherwise outside the intent of these Terms. REVELSON also reserves the right to take action, as a result, which may include terminating your Personal Account or prohibiting you from using the Application.

    2. REVELSON may not be held responsible for any accident that occurs to you for non-compliance with these Terms during the use of the Application.

 

  1. CONTENT

    1. REVELSON uses its best reasonable efforts to provide you with an engaging and entertaining gameplay experience. However, due to its limited resources and the number of available Kwests , REVELSON cannot verify at all times the conditions of the Sites. This means that if some or all of the components, which serve as basis for the Kwest, have been altered, modified, cancelled, moved or otherwise made unavailable since the publishing of the Kwest, REVELSON is not liable for incorrectness, incompleteness or outdatedness of the Content.

    2. If you believe that certain Content infringes your rights and/or the rights of other users, you should notify thereof REVELSON immediately.

 

  1. PURCHASE OF ADDITIONAL SERVICES

    1. Access and use of the Application is free of charge. However, the Application may contain Additional Services, which are accessible only in exchange for payment. The price of each Additional Service is communicated on the Application.

    2. If you intend to purchase any of the Additional Services, you can do so by credit card or PayPal through the purchase process of the Application.

    3. Any Additional Services are accessible immediately. This means that, in accordance with the provisions of the French “Code de la Consommation” and by clicking on the respective box, you declare you solicit the anticipated execution of the service and expressly renounce to your right of withdrawal.

 

 

  1. INTELLECTUAL PROPERTY RIGHTS

    1. REVELSON is the sole proprietor of all the Intellectual Property Rights arising out of or in connection with the Application, Kwests and Content.

    2. By accepting these Terms, you agree not to copy, reproduce, remove, alter or hide any Intellectual Property Right included and referenced in the Application, Kwests and Content.

 

  1. DURATION AND TERMINATION

    1. The Terms come into force at the time of accepting the Terms, when creating a Personal Account on the Application.

    2. You may at any time discontinue the use of the Application and terminate your Personal Account.

    3. In accordance with Article 6 (“Use of Application”), REVELSON reserves the right to terminate your Personal Account, without notification and without becoming liable to pay compensation.

    4. In case you breach any of these Terms, REVELSON reserves the right to take further legal action and/or to compensation.

    5. Upon termination of the Terms for the use of the Application for any reason whatsoever, your right to use the Application terminates immediately. In this case, REVELSON will remove your Personal Account, but will remain entitled to use the Personal Data in accordance with the Privacy Policy.

 

  1. LIABILITY

    1. REVELSON assumes no editorial responsibility for the Kwests  available on the Application, with the exception of those created and published under its name.

    2. REVELSON does not guarantee the accuracy, quality, relevance, availability or relevance of the Content, which it cannot materially test or verify on Site, given its limited resources. 

    3. REVELSON is not liable for any damage, accident or injury, including bodily injury, caused to you arising out of or in connection with the use of the Application due to non-compliance with these Terms.

 

  1. GOVERNING LAW AND JURISDICTION

    1. The validity and interpretation of these Terms are subject to French Law.

    2. Any dispute arising out of or in connection to the Terms is to be submitted to the exclusive jurisdiction of the Court of Grenoble, France.

 

  1. COMMUNICATIONS

All communications to REVELSON shall be made :

 

By e-mail to contact@revelson.com

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