Terms of service
ARTICLE 1: PRESENTATION
1.1 These Terms and Conditions of Use (the "TCU" or the "Agreement") set out the terms and conditions for the use of the services provided by Archel Play, a subsidiary of Archel Group (registration pending) and/or any of the companies within the Archel Group (hereinafter individually or jointly referred to as "Archel Play", the "Company" or "we").
1.2 These services include, but are not limited to, access to (i) the various games published by Archel Play (DANIEL, beyond the legend, hereinafter the "Game" or the "Games").
In order to access certain Games (DANIEL, beyond the legend), the Company may require you to download and install software on your terminal (hereinafter the "Customer" or the "Customers"). The TGU also govern the use of these Clients.
Archel Play Games and mobile applications and the Customers are collectively referred to as the "Services".
1.4 Thus, the TGU set out the contractual framework for the relationship between the user of the Services (hereinafter referred to as "you") and Archel Play.
ARTICLE 2: ACCEPTANCE
2.1 You acknowledge that you are a natural person who has reached the age of majority in your country of habitual residence or, if you are a minor and the law of your country of habitual residence requires it, that you have obtained authorization from your legal representative (parent or guardian) to create an account and/or access the services. You also acknowledge that you are able to enter into a valid contract in accordance with the law, case law or customs of your country of habitual residence.
2.2 Any use of the Services that does not comply with the TGU is prohibited and may result in their termination in accordance with the terms set out in Article 14 below.
2.3 Acceptance of the TGU is evidenced by your electronic signature, evidenced by checking the box provided for this purpose or by clicking on the button accepting the TGU or the button to complete the creation of your account. This acceptance is required to create an account and/or use the services and/or download the games. If you do not agree to these terms, you should not check the box or click on the TGU acceptance button. If the TGU are updated, you will be asked to indicate your agreement by ticking a checkbox or clicking on an acceptance button of the TGU, otherwise you will no longer be able to access the Services.
ARTICLE 3: ACCESS
3.1 As the services are offered on the Internet, you must have an Internet connection to access them. All costs of telephone connections and Internet access are your responsibility. Archel Play is not responsible for any damage you may suffer as a result of using an Internet connection or the installation of malicious software on your computer.
3.2 Some services are accessible via a mobile device. Mobile device" means any portable device capable of connecting to the Internet to access these services (mobile phones, touch tablets, PDAs, etc.). You acknowledge that the quality of services, response time or access to certain features may depend on the capabilities of your mobile device and the electronic communication network. You acknowledge that the services offered by Archel Play on mobile devices may not be available on all mobile devices.
3.3 Archel Play grants you only a limited, non-exclusive and non-transferable license to access and use the Services and their content. This license is subject to compliance with the rules set out in the TGU.
3.4 In order to access the Services and/or the full functionality of the Services, the Company may require you to create an Archel Play account (the "Account"). You can create an Account by using the inserts provided for this purpose on the Archel Play websites (the "Sites"), which can be found under the "Create an Account", "Registration" section.
3.5 Some games are accessible without completing the account creation form. In this case, a guest account will be automatically created for you in order to save the data related to the game you wish to access, including your progress (hereinafter the "guest account").
Please note that for some games (name the games...), the Guest Account will not allow you to access the full functionality of those games. In order to obtain global access, you will be asked to register an account by completing the account creation form.
To the extent that they are compatible with the provisions of the TGU, the rules concerning the account are applicable to the guest account. For example, the sanctions provided for in Article 10 of the TGU are applicable to the guest account.
ARTICLE 4: ACCOUNT CREATION
4.1.1 To create an Account, you must be a natural person who has reached the legal age in your country of habitual residence or, if you are a minor and the law of your country of habitual residence requires it, have obtained the agreement of your legal representative (parent or guardian), and, in any event, be legally capable of entering into a contract with the Company.
4.1.2 The Account is a user account made available to you via an Account name and password.
4.1.3 The Account remains the property of the Company. You are only entitled to access the Services through an Account made available to you.
4.1.4 To create an Account, you will need to enter the following information:
Account name ;
The first time you access the Services, you will be asked to enter a pseudonym.
4.1.5 The management of the Account and personal information is only done on https://account.archelplay.com/fr/identification.
4.1.6 The Account name (or login) and password allow you to access the Services. The e-mail address allows us to communicate with you for the management and follow-up of your Account and to send you information relating to the Services.
4.1.7 The Account must comply with at least the following rules:
personal information must be accurate, verifiable, complete and up to date. A personal and valid e-mail address must be provided;
you agree not to use proxy servers (also called proxies) for both Account creation and Account login;
the creation of Account in an automated way and/or with a false or fraudulent identity is strictly forbidden.
4.1.8 During the certification of your Account, i.e. during your first payment on our Sites, you will be asked to provide additional information:
date of birth;
country of residence;
mobile phone number, landline if available (optional);
If your information changes, such as your mailing address or e-mail address, you must notify the Company as soon as possible.
4.2 Creation rules
4.2.1 The Account name is not visible to other users.
The nickname is different from the Account name and is visible in the Forums and in game. The holder of an Account is known to other users by his or her nickname. The nickname identifies you as a person. In the Games, the character name is complementary to the nickname. It is visible to other users. The character name corresponds to the role you play in the game. The guild name and team name are visible in the game to other players.
4.2.2 Account name, nickname, character names, guild names and team names must comply with the following rules as a minimum:
correspond to a pronounceable word (e.g. the word ssdfzxjf does not comply with this rule);
not refer to a political orientation, ethnicity, community, religion;
not to be vulgar or insulting;
not have sexual or even pornographic connotations;
do not contain your first and/or last name;
do not resemble or imitate a registered trademark or a term protected by copyright;
do not promote a commercial service;
do not refer to a narcotic product or any other entity prohibited by law;
not to resemble or imitate the names of characters from the universe of the Games or any other creation of the Company (non-player characters, heroes of the story...);
not to resemble or imitate the name of a moderator or a member of the Company;
not to be spelled or spelled alternately in order to circumvent the rules imposed above;
not to combine your first and last name, which, when put together, would contravene the rules set out above.
The assessment of compliance or non-compliance with these rules (including the assessment of the resemblance between an Account name, nickname, character name, guild name, team name and another term) is at the discretion of the Company.
4.3 Liability / Security
To guarantee the security of your Account and thus avoid Account theft commonly known as "Account hacking", you agree to :
not to give access to your Account to a third party. Lending, sharing, exchanging, donating, buying, transferring and selling Accounts (or attempting to do so) is prohibited. Any loan, sharing, exchange, donation, purchase, transfer or sale of Account will not be enforceable against the Company and may give rise to the penalties provided for in Article 10 of the TGU;
take all measures to prevent a third party from accessing the Account that you have activated, even without your knowledge;
not to play on the Account of a third party;
not to distribute your identifiers, namely the Account name, the password and the secret answer;
use a personal e-mail account and do not share that e-mail;
allow Archel Play to easily contact you, for any reason, via your e-mail address.
220.127.116.11 The security of your Account is your sole responsibility and Archel Play shall not be liable for any damage to your Account or your computer as a result of the loss or sharing of your Account credentials.
18.104.22.168 Archel Play shall not be liable in any way whatsoever for any theft of Account or any tampering with your Account.
22.214.171.124 You also acknowledge that you are presumed to be the user of your Account and responsible for actions taken through and on your Account.
126.96.36.199 You acknowledge that you, and not Archel Play, are responsible for all electronic communications and content sent from your computer and that you should only use the Services in accordance with the law and the TGU.
4.4.1 Uncertified account
When you make a first payment to your Account (first subscription, purchase of a first Ogrines pack, first Starter Pack), Archel Play asks you to certify it. Account certification is mandatory. In order to certify your Account, you must provide the information specified in Article 4.1.8.
4.4.2 Account already certified
If your Account has already been certified, Archel Play reserves the right to ask you by any means to justify your surname, first name and date of birth and to indicate your country of residence, mobile phone number (landline if applicable) and secret question/answer.
You are reminded that all the information you provide in the TGU must be accurate.
ARTICLE 5: GAMES
Subject to compliance with the provisions of the TGU, the Company grants you a limited, non-exclusive, non-transferable and revocable license to access and use the Games and to download, install and use the Clients for your personal, non-commercial use. You acknowledge that the use of connection techniques other than those provided by Archel Play or one of its partners to access the Games is prohibited.
Customer Specific Terms and Conditions: Archel Play authorizes you to install the Customers on any machine owned by you or for which you have such rights as to allow you to install computer programs and to retain these files for backup purposes.
5.2 License Limitations
The license granted to you is subject to certain limitations. Any use of the Games and/or the Clients that is inconsistent with the rules of this section 5.2 will be considered an infringement of the Company's copyright.
5.2.1 You acknowledge that reverse engineering, disassembly, decompilation, modification or alteration of any or all of the Clients or the Games is strictly prohibited, except as expressly permitted by Archel Play or applicable law.
5.2.2 You may not modify the Games or the Clients (except for the application of updates). You may not modify or cause to be modified any file which is part of the Games or the Clients without the Company's express permission and you may not create derivative works of the Games.
5.2.3 You may not use or create hacker servers, proxies, emulators or any other similar items to connect to the Games. To connect to the Games, you must only use tools and means offered and accepted by Archel Play.
5.2.4 You may not use the Clients for the development of any computer program.
5.2.5 You may not create, use or promote any program or tool that may cause damage to the Games or to the Clients or that may alter the experience of the Games, such as, but not limited to, bots, viruses, Trojan horses, hacking tools, cheating means, automation software, modification software or other unauthorised software designed to modify the Games or the Clients.
5.2.6 You agree not to spy on and intercept the communication protocols used by the Company, nor to use an interceptor for data or protocol. In particular, you may not emulate these protocols, retrieve data via packet-sniffing or transport these protocols and their data in another protocol (tunneling).
5.2.7 You will not develop or distribute modifications of the Customers using the functionality provided for this purpose in the form of modules (hereinafter the "Module" or "Modules") until Company has explicitly authorized such development and published the related license agreements, nor will you develop or distribute Modules using other functionality, techniques, methods or functions than those explicitly documented by Archel Play. Any Module developed, distributed or used through Customers must be licensed for development and use of the Modules.
5.2.8 You may not resell all or part of the Customers and accompanying files. In general, you undertake not to use and exploit the Clients and/or the Games for commercial purposes.
5.2.9 You agree not to distribute, even for free, all or part of the Customers and accompanying files without Archel Play's prior written permission.
5.2.10 You agree not to create, use or distribute any program not distributed by Archel Play that may be used to alter the characteristics of your Account or that of a third party, that may damage servers or that may be harmful to the interests of the Company.
5.2.11 You may not use the Games in any way that may render them inaccessible, damage them or prevent them from functioning.
5.2.12 Notwithstanding sections 5.2.1, 5.2.2, 5.2.7 and 5.2.9 hereof, Archel Play may provide you with tools that allow you to change the theme of the user interface included by default in the Customers (the "Pre-existing Theme") and to change a theme already changed by another user of the Services (the "Custom Theme") and then share the changed theme with other users of the Services.
188.8.131.52 If you create and/or share a Custom Theme, you agree to the following rules, which shall survive termination of the Agreement:
you agree not to create and/or share a Personalized Theme that may infringe the rights of third parties (image rights, privacy rights, intellectual property rights or any other rights);
you agree not to create and/or share a Personalized Theme that could be considered illegal, aggressive, defamatory, pornographic, obscene, vulgar, racist, hateful, malicious, sexually explicit, violent or contrary to public order;
you will not create and/or share a Personalized Theme that may cause harm to the Games, Customers, Archel Play or other users of the Services;
you agree not to include advertisements in the Personalized Theme;
the sharing of a Personalized Theme can only be done on a pro bono basis. You are strictly prohibited from requesting any consideration whatsoever from other users of the Services for the use of a Personalized Theme;
the creation, use and/or sharing of a Personalized Theme does not entitle you to any compensation from Archel Play ;
you are solely responsible for hosting the Personalized Theme and any related fees;
if your Personalized Theme is a copyrightable work, you agree to grant Archel Play a non-exclusive, irrevocable, transferable, perpetual, royalty-free, worldwide license, or for the term of the applicable literary and artistic property in your ordinary place of residence, to reproduce, perform, adapt, copy, repair, cite, publish, use, transform, translate, archive, preserve, modify, create derivative works from, license or sublicense, sell, market, distribute, transmit, broadcast and communicate in any other manner, and publicly display and perform all or any part of a Personalized Theme in any manner, format and medium, existing or future, for any reason whatsoever, including but not limited to promoting the Services or showcasing your Personalized Theme.
You guarantee to have the full and free enjoyment of any servitude of the rights granted against any disturbance, claim and eviction whatsoever, as well as against any defamation and breach of morality. You declare that you are the sole owner of the rights attached to the modifications made to the Pre-existing Theme and that you have full power and authority to grant the rights; that you have not granted or will not grant, during the term of the license granted, any rights that may compete with those granted above.
if your Personalized Theme is a copyrightable work, you grant all other users of the Services the right to use, copy, modify, display, perform, create derivative works from and otherwise communicate and share the Personalized Theme;
you agree to indemnify Archel Play from and against any and all actions, suits, disputes, claims, actions and/or demands for damages by any third party against Archel Play arising out of your breach of any of your obligations, representations and/or warranties hereunder;
Archel Play reserves the right (but has no obligation) at any time to prevent the use of any Personalized Theme(s) hosted on a particular website for any reason whatsoever, including, without limitation, if such Personalized Theme(s) and/or website violates the terms of the Agreement.
184.108.40.206 If you wish to use a Customised Theme, you agree to the following rules:
You agree to use only the tools provided by Archel Play for the installation of the Custom Theme;
your attention is drawn to the fact that Archel Play does not host Custom Themes and has no control over their content. Therefore, Archel Play shall not be held liable in the event that the user who created and/or shares the Personalized Theme violates any of the rules of article 220.127.116.11. In particular, Archel Play shall not be liable if the download, installation and/or use of a Personalized Theme causes you any damage whatsoever.
5.3 Rules of Conduct / Prohibited Activities
5.3.1 You undertake not to insult, threaten other users or Company employees or to make racist, shocking, offensive, discriminatory or contrary to French, European or international laws, regardless of the language used. Archel Play shall not be held liable in the event of a breach of this paragraph.
5.3.2 You also agree not to send "spam", "flood", commercial offers of any kind to other users; cheat, steal or attempt to steal Accounts, characters or any item in an Account; threaten, harass or embarrass other users by any means; make available to other users personal information about yourself or another user; collect information in the Games.
5.3.3 You will not engage in any form of advertising or commercial promotion in the Games through the means of communication made available to you in connection with the Games. However, Archel Play may allow, at its sole discretion, the distribution of fan sites and other guild forums in connection with the Archel Play Games universe, provided that they do not contain content that violates applicable laws and the TGU.
5.3.4 In the Games, each discussion channel has its own function. You agree to use the chat channels in accordance with their purpose. Non-conforming use of the chat channels may be sanctioned, in particular when it is made in an abusive and deliberate manner.
5.3.5 It is forbidden to sell or exchange in the Games, on the Forums or anywhere else the Audiotel codes acquired on the Sites.
5.3.6 Your public written communications may be recorded, analyzed, or erased by Archel Play, so that Archel Play can monitor whether your communications comply with the law and the TGU. You acknowledge that you, and not Archel Play, are responsible for all in-game communications and content sent from your computer and that you must use the Games only in accordance with the laws and the TGU.
5.3.7 You agree not to use loopholes, bugs or any other form of error to gain in-game benefits (including, but not limited to, gaining experience, saving items, saving time, circumventing limitations, duplicating items or Kamas), or to promote the use of the Games. Similarly, you agree to immediately notify Archel Play when you notice a flaw or error in the Games via its Support.
5.3.8 You will not participate, organize or be involved in any attack against Archel Play's servers.
5.3.9 In general, use of the Services must not violate national and international laws and regulations.
5.4 Game Elements
All items that you may obtain in our Games, whether purchased by you or obtained by you as a result of your use of our Games or in exchange for rights to use Ogrines, Goultines or Kamas for use only in the KROSMAGA Game Shop (hereinafter the "Krosmaga Kamas"), including without limitation, the game characters, all the virtual items related to your game character(s) (equipment, mounts, pets, companions, living objects, scrolls, resources, etc.), the Kamas, the Krosmaster virtual figurines, the virtual cards of the KROSMAGA game (hereinafter, together, the "Game Elements") are associated with your Account. You acknowledge that the Game Elements are and remain the exclusive property of the Company. The delivery of the Game Elements by the Company is strictly personal and limited to the experience in the Games. The Company exclusively transfers to you a right to use the Games Elements, it is not a transfer of ownership, which you expressly acknowledge. Thus, this right of use will expire at the latest when your Account is closed, for whatever reason.
You acknowledge that the Game Elements have no financial value in the real world. It is strictly forbidden to exchange them for real money. In general, lending, sharing, exchanging, giving, buying, transferring and selling Game Elements (or attempting to do so), outside of the Sites, the Games and their rules, is strictly prohibited and may result in penalties to your Account.
Due to the constant development of the Games and in particular in order to ensure the most balanced experience possible between players, Archel Play reserves the right to modify or remove Game Elements.
5.5 Updates / Changes
In order to improve the Games experience, Archel Play reserves the right to make updates and changes to the Clients and the Games (the "Updater"). In order for such updates and changes to be effective and for you to continue to play the Games, you agree to install such Updater. The Games, Clients and Updates are an indivisible whole, inseparable from their components, all of which remain subject to the TGU.
ARTICLE 6: FORUMS
6.1 The provisions of this section apply to all Forums published by Archel Play that have a link to the TGU.
The provisions of this clause do not replace the specific rules applicable to each of the Forums listed above and available at the following links:
DANIEL BEYOND THE LEGEND Forum
In the event of any inconsistency between this Article and the Specific Rules, the Specific Rules shall prevail and replace the conditions of this Article.
6.2 You undertake to write in correct, understandable language and free of abbreviations such as "SMS language".
6.3 For your protection, you agree not to share your personal information and Archel Play Account usernames and passwords on the Forums.
6.4 You may not impersonate any third party, including but not limited to posing as a collaborator, representative, moderator or any other person connected to or affiliated with Archel Play and its partners.
6.5 You must respect other users, moderators, in-game facilitators and Archel Play staff. Disrespectful comments, such as, but not limited to, insulting, rude, racist, defamatory, homophobic or xenophobic comments are strictly prohibited. Archel Play shall not be liable for any violation of this paragraph.
In addition, threats to harm the physical integrity of a person may be reported to the competent legal authorities.
6.6 You agree to read all entries of a topic before replying to it.
6.7 You agree to use the search tool before creating a new topic. If a topic is already open on the same subject, it is preferable to answer on it rather than create a new one. You are required to use the sections of the Forums corresponding to the topic of your post.
6.8 You may not post or promote any unlawful, threatening, harassing, defamatory, libellous, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable material. In particular, it is prohibited to promote any form of cheating, modification of Game Clients, phishing sites, sites selling virtual items or selling Archel Play Accounts.
You may not promote third party products and services, whether for commercial or non-commercial purposes, without the express permission of Archel Play.
6.9 You may not interfere or attempt to interfere in any way with the integrity and proper functioning of the Forums.
6.10 You may not report conduct that violates the TGU by quoting information such as the nickname of another user's Account or character.
6.11 It is forbidden to send massive private messages to other users or to the administrators of the Forums.
6.12 It is forbidden to post inappropriate messages or write irrelevant comments. The practice of voluntarily raising a topic without adding new information or when the topic has become obsolete is also prohibited.
Unless authorized by the Company, it is prohibited to create a topic to conduct a survey or launch a petition.
6.13 It is prohibited to disclose private communications between you and Archel Play. For example, messages dealing with topics such as suspensions, Account closures or deletions of messages are prohibited.
6.14 Archel Play is not responsible for any problems encountered when visiting certain websites after clicking on links posted on the Forums. Visiting such websites is at your own risk.
6.15 We reserve the right to edit or delete your posts if the content is deemed inappropriate, without any liability on our part. 6.16 You are prohibited from replying to people who do not comply with the rules in this section.
ARTICLE 7: Archel Play AUTHENTICATOR
The Archel Play Authenticator is a mobile application available on compatible mobile devices to enhance the security of your Account (the "Authenticator"). Please refer to the "Archel Play Authenticator" section on the Support website (https://support.Archel Play.com/hc/en/sections/200297533) for more information on how the Authenticator works. A tutorial is also available within the application.
In order to activate this protection feature, you must :
have a compatible mobile device ;
have a Certified Account (see article 4.4.1 hereof);
have access to the e-mail address associated with your Account;
know your secret answer.
Before activating the Authenticator, you must ensure that all information entered into your Account is accurate. Otherwise, Archel Play will not be able to assist you if you encounter a problem while using the Authenticator.
Archel Play does not guarantee that :
the Authenticator is compatible with all mobile devices, even if the application is compatible with the operating system your device is equipped with;
the updated Authenticator will always be compatible with the version of your operating system or device. In this case, Archel Play will notify you by any means it deems appropriate of an Authenticator update that may result in incompatibilities with certain versions of an operating system or with certain devices.
Furthermore, Archel Play does not guarantee that the Authenticator will work properly in the event of :
your device's operating system changes;
a change in the operating system of your device (unlocking, jailbreak, root ...).
to update your device's operating system ;
using a hacked operating system;
using an operating system that does not have a version recommended by Archel Play.
Archel Play cannot be held responsible if one of these situations results in a malfunction of the Authenticator.
ARTICLE 8: CHAT BOX
Archel Play does not claim any ownership rights to the content of your sent messages. Archel Play does not exploit your messages, unless technically necessary to deliver the messaging service. Archel Play may carry out automated processing on the entire Chat box service in order to improve the service or the experience of the Games it publishes.
In order to ensure the quality of the Chat box service, you agree to comply with the rules set out in this paragraph. In the event of non-compliance with these rules, Archel Play reserves the right, at its sole discretion and at any time, to send you a warning, suspend or terminate your Account. You expressly agree not to do so:
impersonate another person's identity and/or address, and/or create false Accounts for the purpose of sending spam;
use the Chat box service to violate the rules of conduct referred to in Article 5.3 of the TGU, the legal rights of third parties (such as rights to privacy and image) promote and/or encourage illegal activity;
send unsolicited messages to persons with whom you had no prior relationship;
to send any content that is illegal, defamatory, fraudulent, obscene or indecent and/or which is intended to violate the TGU ;
to transfer without authorization content protected by copyright or trademark law and belonging to a third party without its authorization or that of its licensee;
in general, to use the Chat box service with the aim of harming the Company and/or any other person and/or disturbing the peace of mind of the latter.
not mean that it contradicts the said article 9.
9.1 Right of Use: Archel Play grants you the right to acquire rights to use Credits. The rights to use Credits allow you to access content made available by Archel Play on the Sites and/or Games.
Regardless of the terminology used, Archel Play only provides you with a right to use the Credits and not a right of ownership, which you expressly acknowledge. You acknowledge that the Credits have no real-world financial value and do not constitute currency or property of any kind. The Credits may only be converted into Exchange Content. It is therefore strictly forbidden to exchange them for real money or for goods and services other than the Exchange Content. You may not transfer, sell or otherwise trade (or attempt to do so) any rights to use the Credits outside of the Sites, the Games and their rules. Archel Play may remove Credits obtained outside of Archel Play's approved services from your Account at any time without prior notice.
9.2 Trade Content: Archel Play reserves the right to add and/or remove items from the Trade Content and/or change the characteristics of the Trade Content at any time without prior notice. Archel Play also reserves the right to change the amount of Credits required to acquire any item of Exchange Content at any time without prior notice.
Once you have converted your rights to use Credits into Trade Content, such content may not be exchanged for rights to use Credits or money, or for other goods or services. The exchange is firm and final.
Please note that some elements of the Exchange Content may have an expiration date. In any case, the Exchange Content being associated with your Account, you will no longer have access to this content in case of closure of your Account, whatever the cause, without you being able to claim any compensation whatsoever.
Your attention is drawn to the fact that certain elements composing the Exchange Content may be linked to your Account for a certain period of time and therefore cannot be exchanged with another player.
9.3 Duration: unless special conditions to the contrary exist (in particular if the rights of use on the Ogrines have been obtained via the Kamas Exchange), the duration of the rights of use on the Credits shall start on the day on which you obtain the Credits and shall end on the earlier of the two following dates: (1) the day your Account is closed, whatever the cause; (2) the expiry of the period provided for in the General Terms and Conditions of Sale in force on the day you order Credits, if applicable.
ARTICLE 10: SANCTIONS
10.1 If you breach any provision(s) of the TGU or any other document incorporated herein by reference, Archel Play reserves the right to terminate or restrict, without prior notice and at its sole discretion, your use of and access to the Services, your Account and all Archel Play Sites and to sanction you in connection with the Games. Sanctions are specific to certain Services, including the Games and Forums. In the event of any inconsistency with this section, the specific sanctions shall prevail over the TGU.
10.2 Sanctions are based on the seriousness of the violation. These sanctions are as follows (non-exhaustive list):
warning: the warning has no direct consequence on the Account. You may continue to use the Services without change. The warning is there first and foremost to warn you that you risk greater penalties if you continue to violate the rules of the TGU ;
a one (1) day suspension: The one-day suspension is generally used in the event of the first significant breach of the TGU. This is the first applicable level in the scale of Account suspensions;
the three (3) day suspension: The three (3) day suspension is generally used in the case of a repeat offence. The 3-day suspension allows you to understand that you will incur real risks by failing to comply with the TGU;
the seven (7) day suspension: The 7 day suspension is generally applied in cases of serious misconduct;
the suspension of fifteen (15) days: The suspension of 15 days is the most serious sanction before the final closure of the Account. When an Account is suspended for 15 days, you must absolutely and definitively adopt an irreproachable behavior under penalty of being banned permanently;
the definitive suspension: The Account is closed definitively, you can no longer access it. This sanction is generally applied in cases of repeated offences, or serious breach (particularly in the case of payment made without the authorization of the holder of the means of payment used) or unforgivable to the TGU.
10.3 Archel Play reserves the right to apply any sanction referred to in the previous paragraph to an Account, depending on the seriousness of the breach, without prior notice or application of a sanction of lesser duration. You agree that these sanctions are final and that you may not in any way challenge Archel Play's decisions.
10.4 Archel Play also reserves the right to change Account names, usernames, character names, guild names and team names that do not comply with the rules set out above as well as those that Archel Play deems unsuitable. Archel Play may temporarily or permanently suspend access to the Account or delete a guild or team name without compensation.
10.5 Archel Play reserves the right to permanently suspend all of Your Accounts, depending on the severity of the violation.
10.6 In addition to the sanctions described above, Archel Play may take appropriate action, including civil and criminal prosecution of the offender.
10.7 If Archel Play notices any suspicious or unusual behaviour or transactions on Your Account that may result in a breach of the TGU, Archel Play reserves the right, in its sole discretion, to block Your Account while it carries out checks or investigation. Archel Play will make the sole decision as to whether or not to grant you compensation if your Account is blocked.
10.8 If you have acquired, directly or indirectly, in-game items or currency in a fraudulent manner (including through loopholes, bots, cheating techniques, farming or theft), Archel Play reserves the right to access your Account and delete all or part of your inventory.
Similarly, Archel Play reserves the right to modify all your characteristics (including your level, characteristic points, spell points) if it appears that you have taken advantage of a loophole or any other technique that allows you to fraudulently increase your characteristics.
10.9 Unless otherwise stated in the TGU or exceptional agreement of the Company, no refund will be made if the Account is suspended before the end of the subscription period, if Ogrines are still available on the Account or if you have acquired a Starter Pack or virtual items.
10. 10. Defaming, insulting, harassing, threatening, abusive, harassing, threatening, abusive, harmful or violent behavior or language to any Archel Play staff member, representative, moderator or any other person connected or affiliated with Archel Play or any of its partners and suppliers, obscene, vulgar, hateful, shocking towards these same people, to infringe on their privacy or otherwise violate their rights may result in sanctions on your Account(s), regardless of the medium of expression used.
ARTICLE 11: MEDIUM
11.1 The Support site (https://support.archelplay.com/hc/fr) is the Company's preferred means of access to customer service (hereinafter the "Support") for the Services. To create a Request on the Support site, you must create a support account, including a valid email address. Your Request will be recorded in the form of a ticket (identifiable by a 7-digit number).
11.2 You can also contact Support by email: email@example.com.
11.3 Archel Play Support will make every effort to assist you as soon as possible. Nevertheless, Support reserves the right not to respond to a request, particularly in the event of non-compliance with the rules of this article.
11.4 Any harassment, threats, insults or other inappropriate behaviour towards the Support Advisors will result in the request not being processed and may result in sanctions in accordance with Article 10.10.
11.5 Support provides assistance with issues affecting accessibility and/or comfort of use for the player but is not intended to address issues related to progress through the Games.
11.6 In the event of impersonation and/or forgery of documents and/or attempts to commit any of these offences, Support reserves the right to sanction the Account(s) belonging to the fraudster.
11.7 In the event that you reasonably suspect a breach of security, including, but not limited to, loss, theft or unauthorised use of your login details or any other issue relating to the security of your Account, you must immediately notify Archel Play via the Support. Subject to proof of your identity, Support may then reset your password or secret answer and offer you solutions to improve the security of your Account. Support may also block access to the Account in question while an investigation is being conducted. Following the investigation, Support will resolve the dispute at its sole discretion.
ARTICLE 12: LIABILITY AND WARRANTY
12.1 Archel Play will use its best endeavours to ensure that the Services operate smoothly and provide the Services to You 24 hours a day, 7 days a week.
12.2 However, Archel Play has a best efforts obligation with respect to access and use of the Services. Archel Play cannot guarantee that the functions offered by the Services will always be available or free of typographical, technical or other errors, that defects will be corrected or that the Services or the servers that host them are free of viruses or bugs.
12.3 For maintenance, testing, security, repair or any other reasons related to the improvement and/or proper functioning of the Services, the Services may be temporarily interrupted by Archel Play, without any liability on Archel Play's part. Archel Play shall be solely responsible for deciding whether or not to provide you with compensation in kind in the event that the Services are interrupted.
12.4 The Company shall not be held liable in cases of force majeure as provided for by law.
12.5 Archel Play provides the Services for as long as they are published. Archel Play therefore reserves the right to cease publishing the Services and consequently to discontinue the Services permanently, you will be notified by any means. Archel Play may also discontinue the Services if it ceases to operate.
12.6 Except as otherwise provided by law or as otherwise expressly agreed between you and Archel Play, you acknowledge and agree that :
the Services, the Sites and their content are provided "as is";
your use of the Services, the Sites and their content is at your sole risk and responsibility. For users under the age of majority, the responsibility lies with their legal representatives;
Archel Play DISCLAIMS ALL LIABILITY FOR USE OF THE SERVICES NOT IN ACCORDANCE WITH THE TGU. IT SHALL NOT BE LIABLE FOR ANY DAMAGES, DIRECT OR INDIRECT, LOSS OF DATA OR PROFITS, WHICH MAY ARISE AS A RESULT OF THE USE OR NON-USE OF THE SERVICES, NEGLIGENCE OR ANY OTHER REASON ASSOCIATED WITH THE SERVICES;
NO COMMUNICATION BETWEEN Archel Play AND YOU, WHETHER ORAL OR WRITTEN, SHALL MAKE ANY WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN IN WRITING, WITHOUT WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, WARRANTY OR CONDITION OF MERCHANTABILITY;
Archel Play shall not be liable for your errors or omissions;
Archel Play shall not be liable to you for any refund of any amount in the event of default.
12.7 Similarly, with respect to links from web pages or other pages leading to the Services but not managed by Archel Play or links contained on the Services leading to web pages or other pages managed and published by third parties, Archel Play shall not be liable for their content in the event that the third parties managing and publishing such content do not comply with French, European or international regulations.
12.8 Some countries do not allow exclusions or limitations of warranties. Thus, the limitations or exclusions cited may not apply to you.
12.9 SUBJECT TO THE FOREGOING PROVISIONS, IF THE COMPANY'S LIABILITY SHOULD BE INCURRED IN CONNECTION WITH YOUR USE OF THE SERVICES, THE AMOUNT OF COMPENSATION TO WHICH YOU MAY BE ENTITLED IS LIMITED TO THE AMOUNT OF SUMS PAID BY YOU IN CONNECTION WITH YOUR ACCESS TO THE SERVICES DURING THE TWELVE MONTHS PRECEDING YOUR CLAIM.
ARTICLE 13: INTELLECTUAL PROPERTY / TRADEMARKS
13. 1 All elements, features, tools, documents that are part of the Archel Play universe and provided by Archel Play (including but not limited to Games, Clients, Updater, Game Accounts, Kamas, Ogrines, Goultines, Krosmaga Kamas and any titles, computer code, theme, object, character, character name, story, dialogue, slogan, concept, artwork, animation, sound, musical composition, audiovisual effect, mode of operation, moral rights, documentation, transcript of conversation in the Games, information relating to the profile of a character, recording or repetition of games and server software) are protected by French and international laws on copyright and intellectual property. All these elements, features, tools, documents belong to Archel Play. Except with Archel Play's prior written permission, you agree not to trade in any material from Archel Play's creations and not to promote any such activities that infringe Archel Play's rights. Archel Play will use its best efforts to prevent such acts.
13.2 All data related to the Games, Services or Sites are the property of Archel Play and are protected by French, European and international copyright laws. You must therefore comply with the prohibitions set out in sections 5.2, 5.3 and 5.4. You may not, in whole or in part, copy, reproduce, translate, extract, modify the source code, disassemble, decompile, modify, rent, sell, distribute or create derivative works based on the Games or the Content without Archel Play's prior written consent.
13.3 All trademarks appearing on the Sites or in the Services are trademarks created by or licensed to the Company. You may not use these marks without the prior written permission of Archel Play. You may not use any meta tags or any other "hidden text" utilizing Archel Play's names and trademarks without Archel Play's prior written permission. Other trademarks appearing on the Sites or in the Games, which are not the property of Archel Play, are the property of their respective owners.
13.4 Any improper use terminates the permission or license granted by Archel Play.
ARTICLE 14: TERMINATION
14.1 This Agreement is effective from the date of Your acceptance and will remain in force until its term unless either party, either You or Archel Play, terminates it early.
14.2 Termination by You: You may request the termination of Your Account at any time and without cause, provided that You provide proof of identity. You must inform Archel Play via its Support (https://support.Archel Play.com/hc/en) by creating a ticket. You can also contact the Support by post at the following address: Archel Play SUPPORT - Cancellation - BP60403 - 59057 Roubaix Cedex 1, France. Subject to compliance with the aforementioned termination procedure, the termination of your Account will take effect within a reasonable period of time after receipt of your request by Support.
14.3 Termination by Archel Play :
Termination for Misconduct: Archel Play may terminate Your Account with or without prior notice if You fail to comply with any law, the rules set forth in the TGU, the Terms and Conditions (https://account.Archel Play.com/en/cgv) and all documents expressly incorporated herein by reference. Archel Play also reserves the right to take all necessary measures to make good any damage it may have suffered.
Termination for Inactivity: Archel Play also reserves the right to automatically close inactive Accounts at any time. An Account is considered inactive when it has not been logged into any of our Sites or Games for a period of twenty-four (24) consecutive months. An Account on which a DANIEL, beyond the legend game subscription will not be considered as inactive, even if no connection has been registered for more than 24 months. The period of inactivity will then begin as soon as the subscription period or your booster pack ends. At least fifteen (15) days before closing the Account, we will notify you by sending a message to the e-mail address associated with your Account.
14.4 Consequences of termination whoever the author may be: in any case, the closure of the Account will result in the automatic termination of the Agreement and, consequently, you will no longer be able to access the Services. You are required to remove the Customer(s) from your computer and/or mobile device. In the cases of termination set out above, you shall not be entitled to any compensation for unused Ogrines, Goultines and Kamas Krosmaga and any periods that have not yet expired on the effective date of termination and the right to use the Game Elements granted to you by Article 5.4 hereof shall expire.
ARTICLE 15: EPILEPSY
Some individuals may be prone to epileptic seizures when exposed to certain forms of light or bursts of light. Exposure to such forms or images on a television, or playing video games, may induce a seizure in such individuals. Anyone suffering from epilepsy should consult a doctor before playing. If you experience dizziness, visual disturbances, muscle or eye spasms, loss of consciousness, disorientation, involuntary movements or seizures while playing, stop playing immediately and consult your doctor.
ARTICLE 16: GENERAL PROVISIONS
16.1 Severability: If any term or condition of this Agreement is held to be illegal, invalid or unenforceable, such term or condition shall be severed without prejudice to the application of the remaining provisions.
16.2 No Waiver: No waiver by Archel Play of any right or provision of the TGU shall be deemed or construed to be a waiver of such right or provision. No Archel Play support representative or other Archel Play staff in contact with you shall have any legal authority to bind Archel Play to any modification or waiver of any provision of the TGU.
16.4 Revision: Archel Play reserves the right to change, add and/or remove any of the rules set out in the TGU. You will be notified by any means of substantial changes to the Agreement at the time you attempt to access any of our Services. You acknowledge that by using the Services after having been informed of the modifications, additions and/or deletions, you accept these modifications, additions and/or deletions.
16.5 Applicable law: The TGU are subject to French law and the French language.
16.6 Survival of Terms: In the event of termination of the TGU, articles 3.1, 5.2, 5.3, 5.4, 12, 13 and 16 will continue to apply.
All applicable texts referred to in the TGU:
General terms and conditions of sale: https://account.archelplay.com/fr/terms-and-conditions
Last update : January 2020