OOBLADA by SMACH
Games — Terms of Use
1. About these conditions
1.1 These conditions of use apply to game services operated by SMACH S.A.S., 10 rue Mabillon, 75006 Paris - France (“SMACH”). SMACH is registered under the French companies registration of Paris B 807 767 744. Email: games.support@smach.io
1.2 The products and services provided by SMACH under this document may be the following: a game that can be installed on a mobile phone, tablet or computer, from Apple Appstore, Google Play, any game available online or operated by SMACH or under the “ooblada” brand (“SMACH Games”), any related content or information or documentation, any information made available through SMACH Games, any user-generated content made available through SMACH Games (the “Service”).
1.3 The “platforms” used in order to distribute SMACH Games can be app and game distribution platforms (iOS/MacOS and Apple AppStore, Android and Google Play, etc.) but also social networks (Facebook, etc.), this list not being exhaustive.
1.4 The use of the SMACH Game, free or paid, implies your unconditional acceptance:
1.5 These conditions may be updated at any time by publishing their new versions, whatever the reasons for this change (evolution of the nature of the products or services, technical or legal reasons, etc.). If you do not accept certain changes, you must immediately stop accessing / using our services.
2. Account
2.1 When you use certain SMACH Games, you might have the option to Sign Up or Log In through an account. By creating this account, you agree to do everything in your power to protect your login details and to keep them confidential.
The reference to login credentials in this paragraph includes the login credentials to social networks or platforms that you authorize to interact with SMACH Games.
2.2 This account is personal and you are not authorized to transfer it to someone else.
2.3 In the event that you do not comply with your obligation to protect your identifiers, SMACH declines all responsibility for access to your account by an unauthorized person and the use of your identifiers, whether fraudulent acts (purchases, ...) or resulting loss and damage.
2.4 In the event that your account is deleted by SMACH (under the conditions provided for in these provisions) or by yourself, you may lose access to the data previously linked to it (progression in games or level or score achieved as well as all the elements acquired during your experience).
2.5 You agree that you will have no ownership rights, or any other rights, in any account that you create through our services. SMACH may, at any time, for any reason or without reason, suspend, terminate, modify or delete, with or without notice, any account created.
3. Purchases
3.1 SMACH Games may include virtual currencies such as gems or coins (hereinafter “Currencies”), virtual objects or services usable with in SMACH Games (hereinafter “Virtual Objects”) as well as subscriptions for obtaining Virtual Objects and Privileges (hereinafter “Subscription”).
3.2 Virtual Currencies, Virtual Objects and Privileges have no monetary value and cannot be exchanged for real money, goods or services, with anyone.
3.3 You are not the owner of Virtual Currencies, Virtual Objects, Privileges or Subscriptions. You buy a limited, personal and revocable right to use the services offered.
Virtual Currencies, Virtual Objects, Privileges or Subscriptions are not transferable.
3.4 You agree that the Virtual Currencies or Virtual Objects or Privileges that you buy from the SMACH Company constitute final sales and that no refund will be granted once the transaction has been completed and the products granted.
The right of withdrawal granted to distance purchases made by a national of a country of the European Union ends as soon as the Virtual Currencies or Virtual Objects or Privileges are made available to the user.
3.5 The data associated with Virtual Currencies, Virtual Objects, Privileges and all other data whatever the means by which you acquired them can be stored locally on your device and / or synchronized with our servers and in certain cases between your different devices.
3.6 Depending on the platform, purchases of Virtual Currencies, Virtual Objects, Privileges or Subscriptions are made through a supplier (generally the platform owner, Apple or Google) and will thus be subject to the conditions of use and user agreement of said supplier. The rights of use for each purchase may vary from one article to another. If you have any doubts, SMACH invites you to check with the supplier of your platform.
Unless otherwise indicated, the content available in the application is subject to the same age restrictions as the application itself.
3.7 The price invoiced for an item sold, Virtual Currencies or Virtual objects or Privileges, corresponds to the price displayed on the application at the time of your purchase, unless there is a glaring error. The price is inclusive of all taxes.
If additional fees, taxes or deductions apply, SMACH is not responsible for them and therefore accepts no liability.
3.8 Any payment under a renewable Subscription will be invoiced to your account at the point of purchase and will be debited for renewal within 24 hours before the expiration of the current subscription period. Your subscription will be automatically renewed unless you deactivate the automatic renewal via the parameters of your platform at least 24 hours before the expiration of the subscription period. Cancellation is not possible during the active period.
3.9 If you or SMACH suspend or terminate your account in accordance with these conditions, you may lose your Virtual Currencies, Virtual Objects, Privileges or Active Subscription. SMACH will not grant you any compensation or refund on this basis. If you have an active subscription on the termination date, it will not be automatically renewed at the end of the current period.
4. Behavior and content
4.1 You must comply with the law in force in the territory from which you access SMACH's applications.
4.2 You certify that the information you provide using the SMACH services is accurate, precise and exhaustive.
4.3 You assume full responsibility for all content (sounds, photos, images, videos, identifiers) sent, posted online, communicated, transmitted or made available on SMACH's services.
4.4 Any content of an illegal, harmful, unwelcome, defamatory, obscene, reprehensible character is prohibited as well as content incitement to hatred, disrespect of the life of others, or infringing the intellectual property rights of another.
Any advertising content, undesirable messages and all forms of solicitation that are undesirable or fraudulent are prohibited.
4.5 You may not use the SMACH Games for commercial or professional purposes for the benefit of third parties or to send unwanted communications.
You may not use SMACH's applications to cheat, design or help design cheat systems, or otherwise circumvent technological measures designed to control access to SMACH services.
It is prohibited to use these Applications in any other way that is not explicitly authorized in these conditions.
4.6 SMACH reserves the right to delete Content posted online through their Applications if, in its sole discretion, SMACH believes that such content causes or results from a violation of all or part of these conditions.
You hereby acknowledge that SMACH is not responsible for this content and is therefore not required to undertake such monitoring activities.
5. Limited liability
5.1 The Applications are provided by SMACH without making any warranty, subject to the legal provisions in force, including but not limited to: any implied warranty of merchantability and fitness for a particular purpose.
5.2 SMACH does not certify or guarantee, implicitly or explicitly:
5.3 SMACH cannot be held liable for any damage resulting from the use or inability to use the Applications including, but not limited to, the use by the user of information obtained from applications or which results from mistakes, omissions, interruptions, deletion of files, errors, faults, viruses, delay in execution or transmission, or any other failure resulting or not from a natural disaster, from a communication failure, theft, destruction or unauthorized access to records.
This clause is applied to any content, merchandise or service available on the Applications.
5.4 SMACH or its suppliers cannot be held liable for incidental, indirect, consecutive or special damage resulting from the use of the Services or the purchase of any product, real or virtual, which results from it, even if SMACH or any supplier has been notified of such damage.
5.5 Some laws do not allow limitations on implied warranties, the exclusion or limitation of certain damages. If these laws apply to a user, some or all of the clauses, exclusions or limitations previously mentioned may not apply to this user.
6. Intellectual property
6.1 You acknowledge that the copyright, trademarks and other intellectual property rights in and related to the SMACH Games, excluding the content provided and owned by the players, are the property of SMACH and its partner rights holders.
6.2 Subject to compliance with these conditions, SMACH grants a standard user license, under the terms defined by each of the platforms. SMACH invites you to consult the conditions of use of the platform you use to find out the content.
6.3 You will have no property rights, or any other rights, in any of the SMACH Games including Virtual Currencies and Virtual Objects, excluding the license granted under the conditions of article 6.2.
It is prohibited, without the express authorization of SMACH, to copy, distribute, make available to the public or create derivative works from all or part of the SMACH Games.
7. Privacy
7.1 SMACH is committed to the protection of personal data, its commitment is detailed in its Privacy Policy.
8. Non-compliance with these conditions
8.1 Without limiting the scope of the other remedies or paragraph of these conditions, if SMACH considers that you are guilty of substantial, even minor, breaches of these conditions, they reserve the right to modify, suspend and / or delete or terminate access to their Applications, Virtual Currencies, Virtual Objects, Privileges and any other data attached to your account.
These measures can be taken alone or in combination, with or without notice.
9. Jurisdiction and applicable law
9.1 French law governs these conditions and will apply in the event of a complaint relating to their violation, without reference to the conflict of laws rules.
9.2 All other complaints, concerning in particular the laws relating to consumer protection and unfair competition, will be governed by the law of the country in which you are resident.
9.3 Disputes related to these Terms of Use will be governed by the French Courts unless the law of your country of residence allows you to choose the courts of that country for the dispute in question.