Scorpet is an application edited by Brozzo Studio, a French simplified joint-stock company, capitalized at 7,000 Euros, registered in the Paris Trade and Companies register under number 882 920 002, with its head office at 149 Avenue du Maine, 75014 Paris (France).
SIRET: 882 920 002
EU VAT No.: FR30882920002
Hereinafter referred to as “Brozzo”, “we” or “us”.
These Terms (the “Terms”) govern the legal relationship between Brozzo and you (“User” or “you”) when you use the App Scorpet (“Scorpet”) whether accessed via a web browser, social networking sites (for example, Facebook) or as apps via platforms (for example, Apple’s “App Store”, Google Play, Windows Phone, Blackberry World, Amazon AppStore for Android) (each a “Platform” and together the “Platforms”). These Terms apply without restriction or reservation for any use or download of the App.
In order to obtain the right to use Scorpet and purchase virtual items (“Virtual Items”) you represent that:
1. You own the device you are using to access and use Scorpet and, if you purchase Virtual Items, that you are legally entitled to make such purchases using the payment functionality that is provided in a app;
2. the information you provide to us is true and accurate and you will update such information when necessary;
3. You have not previously been banned or blocked from using either any Platform;
4. If you download Scorpet from a Platform, you must have a valid account with a Platform (the “Platform Account”);
5. You must be at least 13 years of age.
6. You will not:
a) Copy, sublet, lease license, loan, lend, sell, trade or otherwise deal with or exploit Scorpet or any Virtual Items;
b) Use Scorpet or any Virtual Items for any illegal activities;
c) Use Scorpet or any Virtual Items to disseminate any information or materials that are obscene, violent, threatening, libelous, discriminatory or otherwise, in Brozzo’s opinion, offensive;
d) Use Scorpet or any Virtual Items to disseminate any information or materials that would infringe, or might infringe, any intellectual property rights, including those of Brozzo.
Any downloading or use of the App Scorpet via browser or any other platform shall be deemed to be an acceptance of these Terms. In the event that a User does not accept these Terms or refuses to comply with them, he must not download, use and/or participate in the App. In this case, it is recommended to uninstall the App. By registering, the User confirms having read these Terms and agrees to submit to them without reservation.
You acknowledge that these Terms:
(a) apply from the date on which you first download the App;
(b) apply to your use of Scorpet and to all Virtual Items: and
(c) form a legally binding contract between you and Brozzo, not with any Platform provider.
Brozzo is solely responsible to you for Scorpet and their content, not the Platform provider. Brozzo reserves the right to amend these Terms, either in whole or in part, at any time without notice. The User will be informed of the modification of the present by means of the publication of the updated Terms.
The modified Terms will take effect from their publication. Continued use of Scorpet following this publication will constitute acceptance of the new version hereof. The User is therefore advised to read these Terms very carefully and to regularly consult the updated Terms.
In case you do not accept the changes to these Terms, you must cease use Scorpet. If you continue to use Scorpet, you implicitly accept the changes made to these Terms.
The Platform provider’s terms and conditions also apply to your use of Scorpet and your purchase of Virtual Items (the “Platform Terms”). If there is any conflict between these Terms and the Platform Terms, the Platform Terms shall prevail to the extent the conflict relates to use of the Platform. In addition to the Platform Terms, further special terms and conditions also apply to your use of Scorpet, depending on how you access it. For example, if you access Scorpet through Facebook using its “Facebook Connect” functionality, Facebook’s terms of service may apply. Also, from time to time we, or one of our business partners, may operate a competition or promotion that is subject to additional further terms. Each of these are “Special Terms”. If there is any conflict between these Terms and the Special Terms, the Special Terms shall prevail.
In consideration of your agreement to be bound by these Terms, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable license permitting you to access Scorpet for your personal, non-commercial, entertainment purposes. You must not try to hack or otherwise try to gain unauthorized access to Scorpet and its software. Brozzo owns (or has a license to use) all rights, title and interest, including without limitation any intellectual property rights) in and to Scorpet (including all copyrights in the underlying software code and in the visual artwork and graphics as well as musical composition and audio-visual effects and all trade mark rights in the Games’ titles, but excluding any User Content). By using Scorpet under license you do not acquire any intellectual property rights in Scorpet.
You are solely responsible for all the content you put online on Scorpet of which you expressly declares that you have all the rights, and therefore guarantees Brozzo that you do not put online content that violates third party rights, in particular intellectual property rights, or constitutes an infringement of persons (in particular defamation, insults, insults, insults, etc.).), respect for private life, breach of public order and morals (in particular, advocacy of crimes against humanity, incitement to racial hatred, child pornography, etc.). In the event of a breach of the laws in force, morality or these Terms, Brozzo may automatically exclude the Users who have committed such breaches and delete information and references to such disputed content. Brozzo is qualified as a host for content put online by third parties. As such, it is reminded that Brozzo has no general obligation to monitor the content transmitted or stored via the Site. In the event that Brozzo's liability is sought for content posted online by the User, the latter undertakes to guarantee Brozzo against any conviction pronounced against it and to reimburse the Operator for all costs, in particular lawyers' fees, incurred in its defence.
To obtain the right to register an animal on Scorpet and participate in the competition, you must certify that:
a) You are its owner
b) Your animal is not already registered with another account
c) Your animal is not deceased
d) The information provided at registration such as name, date of birth, breed and species are correct
Scorpet offers the User to post photos as well as videos of his animal to participate in competitions. It is up to the User to ensure that the distribution of this content within the framework of the Competition does not constitute:
a) A violation of the intellectual property rights of third parties for which they do not have the necessary authorizations from third parties or collective management companies, holders of rights over them. By posting their photos and videos online and making them available to other users, they guarantee that they hold all the necessary rights and authorizations from the rights holders concerned and that they have fulfilled all rights and payments due hereunder to collecting societies;
b) An attack on persons and respect for privacy - the User undertakes to obtain from any person appearing in his photo the authorizations necessary for the reproduction and representation of his image within the framework of this competition;
c) An offense against public order and good morals - it is up to the User to maintain a certain ethics with regard to the photos uploaded and, in particular, to refrain from disseminating any content of a violent or pornographic nature or harmful to the reputation or privacy of the person.
Scorpet reserves the right to delete all photos and videos:
a) Where a human appear;
b) In contradiction with the laws in place;
c) Contrary to good morals and / or public order;
d) Representing an element subject to intellectual or industrial property rights, such as an original work, a trademark, a registered model, etc.
e) Where there is text, icons, emoticons, badges, or any other element unrelated to your animal.
In general, any photos or videos highlighting something other than your animal may be deleted without notice.
Virtual Items can be “purchased” or “earned” in Scorpet. These are “virtual goods”, a virtual object which can be used to enhance your experience in the App and might include access to particular features (access to contests, votes, special battles, advertisement suppression or specific services).
Brozzo offers you the opportunity to either:
1. purchase Virtual Items within Scorpet for “real” money;
2. earn Virtual Items as part of Brozzo's or third parties' promotional offers, competitions or actions; or
3. earn Virtual Items through playing Scorpet.
Your use of Virtual Items is subject to the following license:
1. Virtual Items are not redeemable or refundable. Once you have purchased Virtual Items you will not get the “real” money you paid back as Virtual Items have no monetary value.
2. Virtual Items are personal to you and non-transferable. This means that only you can use your Virtual Items and you cannot permit anyone else to use them whether via your Platform Account or otherwise. You cannot trade your Virtual Items in any way whether by selling them for real money to other players, exchanging them for other items or dealing or disposing of them in any other way.
3. Your right to use Virtual Items ends as a result of the Platform provider having to suspend or close your Platform Account pursuant to these Terms; and
4. Your right to use Virtual Items expires 5 year after date of purchase.
The price payable by you for Virtual Items (the “Price”) is indicated within Scorpet at the time you make your purchase. If you are resident in the European Union, the Price includes any applicable value added or similar sales tax. Brozzo reserves the right to change the Price and specifications for any Virtual Items at any time for any reason.
Brozzo makes every effort to ensure that errors and mistakes do not occur in Scorpet in relation to pricing and your purchase and use of Virtual Items in Scorpet. However:
1. Brozzo reserves the right to void any such obvious error or mistake, however, it arises or results including, for example, errors or mistakes due to human error or technical fault resulting in. You will forfeit any Virtual Items you obtain as a result of such an error or mistake.
2. If the price published within Scorpet is materially incorrect when you place an order for those Virtual Items and you contact Brozzo regarding this matter, we will:
o provide you with the correct Price or specification.
o ask you to confirm whether you would like to purchase the applicable Virtual Items at the correct Price or specification. If applicable, Brozzo will state the period for which the offer or Price remains valid. If you choose not to complete your purchase, Brozzo will provide you with a full refund for any amounts already paid by you.
Brozzo reserves the right to limit the amount of Virtual Items you can purchase in a given period. Virtual Items may only be purchased and used by players in jurisdictions where such activities are permitted under applicable law. Virtual Items may only be purchased from Brozzo through Scorpet or as otherwise expressly authorized. Brozzo reserves the right to refuse any request to purchase Virtual Items for any reason.
Brozzo may cancel a payment and make a reimbursement to you, including any transaction fees incurred with Payment Providers, if it has reason to believe:
1. any purchase is incomplete;
2. any purchase is made, or Brozzo suspects it is made, fraudulently or in an otherwise non-bona fide manner.
When purchasing Virtual Items, you agree that you have no right to withdraw from your purchase once the download of any Virtual Item is complete, due to the nature of these goods.
Payment methods accepted by Brozzo are as per those payment methods provided by the relevant Platform provider, such as Apple, Google, Amazon, Facebook or similar within Scorpet.
None of the exclusions or limitations in these Terms shall exclude or restrict Brozzo’s liability for any fraudulent misrepresentation or for any other liability that cannot be excluded or limited under applicable mandatory law.
The express provisions of these Terms are in place of and hereby disclaim all warranties, conditions, terms, undertakings and obligations which but for these Terms would be implied or incorporated by any collateral agreement, statute, common law, custom, trade usage, course of dealing or otherwise, all of which are excluded to the fullest extent permitted by law.
Brozzo provides Scorpet and all Virtual Items to you on an “as is” basis. Brozzo does not warrant that access to Scorpet will be uninterrupted, reliable or fault free. Scorpet does not warrant to you that Scorpet will be accurate, complete or reliable. While Brozzo uses reasonable efforts to ensure Scorpet are available to you 24 hours a day, Brozzo will not be liable to you if for any reason Scorpet is unavailable at any time or for any period. Access to Scorpet may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond Brozzo’s control. Brozzo may also need to modify or maintain any of Scorpet at any time. If this need arises, Brozzo may suspend access to Scorpet or any part of them or close them indefinitely. If Scorpet has been downloaded from a Platform, you and Scorpet acknowledge that the Platform provider has no obligation whatsoever to provide you with any support or maintenance services in relation to Scorpet. You acknowledge that Scorpet and not the Platform provider is responsible for addressing any product liability claims, any failure to comply with regulatory or legal requirements, or claims relating to consumer protection or similar legislation.
Subject to paragraph 17 and the limitation of liability in paragraph 19, Brozzo will be liable to you for any direct loss you suffer as a result of Brozzo breaching its obligations under these Terms if such losses were reasonably foreseeable to both parties when you commenced using Scorpet. Otherwise, to the extent permitted by law, Brozzo excludes:
1. Liability (whether arising in contract, tort or otherwise and whether or not due to its negligence) which Brozzo may otherwise have to you as a result of:
o any technical, factual, textual or typographical inaccuracies, errors or omissions (human or computer-generated) on or relating to Scorpet or any information provided in relation to Scorpet;
o the unavailability of Scorpet (or any part of Scorpet);
o any misrepresentation on or relating to Scorpet
o Any other liability for direct or indirect or consequential loss or damage incurred by you or anyone else in connection with Scorpet or in connection with the use, inability to use, or results of the use of Scorpet, any websites linked to it and any use of Scorpet or content on them, including any liability for:
1. loss of content or data
2. loss or damage caused by viruses, bugs or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of Scorpet or the downloading or uploading of any content;
3. loss of goodwill;
4. any loss incurred as a result of any legal claim or regulatory action arising from the activities of any player using the Games infringing third party intellectual property or breaching applicable law;
5. any statements or conduct of any player;
6. any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
o Liability for any loss that you may incur as a result of someone else using your identity, login details, password or account, with or without your knowledge, including if a device used to activate your account is stolen;
o In the event of any loss or damage to content (including data), your sole remedy shall be for Brozzo to use its reasonable efforts to restore the lost or damaged data or content from the latest back-up maintained by Brozzo.
Notwithstanding any of the foregoing provisions and subject to paragraph 17, Brozzo’s maximum liability to you in respect of your use of the Games shall be the amount of any fees paid by you to Brozzo during the 3 month period preceding the date on which the act or omission causing the liability arose.
You agree that each of these exclusions, disclaimers and limitations is reasonable having regard to the nature of Scorpet. Each of the above exclusions, disclaimers or limitations shall be construed as a separate, and severable, provision of our contract with you.
Brozzo may generate revenue from your use of Scorpet by advertising goods and/or services of third parties including:
· by serving ads that you might see and respond to when using Scorpet
· by allowing Virtual Items to be endorsed by third parties;
· by offering you the chance to “earn” Virtual Items for use within Scorpet if you respond to third-party advertising in a predefined manner.
· by allowing the winning of items provided by third parties in a contest.
Certain links including hypertext links, from Scorpet may take you outside Scorpet. This does not imply endorsement by Brozzo of the linked site, its operator or its content. You acknowledge that Brozzo does not control the content on such websites and does not guarantee the accuracy, integrity or quality of such content. Such sites may be governed by their own terms and privacy and cookies policies which it is your responsibility to review.
Brozzo may in its absolute discretion at any time with immediate effect and for any reason:
· terminate or suspend your use of Scorpet (in which case we may share your name and e-mail address and notify third parties, including Platform providers); or
· verify your information by requesting certain documents and refuse your requests to use Scorpet if we believe there is a reason to do so.
Brozzo may assign its rights and/or transfer its obligations under these Terms to any third party including being able to sub-license and/or sub-contract its rights and obligations under these Terms to any third party.
If any provision in these Terms is, in whole or in part, held by a court or administrative body of competent jurisdiction to be illegal, invalid or unenforceable under any enactment or rule of law then that provision or part thereof shall to that extent be deemed not to form part of these Terms and the enforceability and validity of the remainder of these Terms shall not be affected.
The fact that Brozzo does not require performance of any of the clauses of these Terms or tacitly accepts non-performance of a clause either permanently or temporary, cannot be deemed to be a waiver by Brozzo of its entitlements under the aforementioned clause or its subsequent performance.
It is formally agreed that any tolerance or waiver by one of the Parties, pursuant to all or part of the commitments provided for in the Terms, whatever the frequency and duration may have been, shall not be considered as a modification of the Terms or generate any rights.
These Terms (including the special Terms set out in paragraph 3) constitute the entire agreement between Brozzo and the User with respect to the subject matter hereof, and supersede and replace any other prior or contemporaneous agreements or understandings, written or oral, regarding such subject matter.
You and Brozzo acknowledge that if the Game was download through a Platform, such as the Apple Store, such Platform provider and its subsidiaries are third party beneficiaries of these Terms and may enforce these Terms against you to the extent permitted by applicable law.
Any dispute relating to the conclusion, validity, interpretation or execution of these Terms and the contracts ensuing from shall be governed by French law to the exclusion of any other legislation, without regard to the nationality of the User. This applies to rules of substantive matters and procedure.
In the absence of amicable agreement, by express agreement, any dispute or litigation relating, without being limited to, the start, interpretation, performance or non-performance, and termination of these Terms shall be brought exclusively before French courts.
The contract resulting from these Terms is written in French. If it is translated into one or more languages, only the French text shall prevail in case of dispute.
Any existing translation of these Terms is given for information purposes only, in order to facilitate its understanding by the non-French-speaking User of Scorpet.
Please contact us immediately using our contact details at paragraph 34 below if you:
· have any questions, complaints, claims or concerns about content which appears in Scorpet, in relation to our Virtual Items or in relation to Brozzo generally
· believe that any act or omission by Brozzo or one of our players is in breach of applicable law. Brozzo will then consider your concerns and decide whether to take action and whether or not any other player has in Brozzo’s opinion, breached any of these Terms. Brozzo will endeavor to inform you of the outcome of any review within a reasonable time of receiving your complaint. We both acknowledge that Platform providers have no obligation whatsoever to investigate, settle, defend or discharge any disputes in relation to the intellectual property of Scorpet. The right to complain of a defect in Scorpet or Virtual Items ends after three years.
If at any time, you would like to contact Brozzo about your views on these Terms, please send an e-mail to us at email@example.com or write to us at Brozzo Studio, 149 Avenue du Maine 75014 Paris, France.