General Conditions of Use
The present document constitutes a contract between you and Motion Twin SCOPARL (mutual fund corporation), whose headquarters are located at 1 Place Lainé, 33000, Bordeaux (France), registered at the Bordeaux (France) Register of Businesses and Companies under number 438 602 187 (VAT NO: FR21 438 602 187).
Publication Director - Thomas Vasseur.
Within the framework of this contract, the company will be designated by the terms “Motion Twin”, “we” or “our”. You will be designated as “User”, “you”, “your”. The User is a single natural person.
This agreement covers your use of Motion Twin online games, without distinction of the means used to access them (for example, whether via our websites, mobile and tablet applications, or any other current or future means).
When you register to use a Motion Twin game, you must be aware of the present contract and your registration implies the acceptance of all the provisions within this contract.
The Motion Twin sites are hosted by Motion Twin.
We do not provide any guarantees as to the Service, other than the legal safeguards provided for within the framework of applicable legislation.
The cost of the use of the distance communication means used is the normal cost invoiced to the User by his or her Internet service provider. This cost is borne entirely by the User.
2. Using the Service
You must not:
In addition, your use of the Service requires that you comply with the Motion Twin Code of Conduct. You agree that we are permitted to terminate your access to the Service should you perform one of the following actions when connected to the Service:
3. User Account
3.1. Use of the Account.
Any person who wishes to use one of the services offered on the Service must first open an Account. The opening of the Account is free. At the time of registration, you agree to provide accurate data, and to inform us of any changes to such data.
ONLY you can use YOUR ACCOUNT and you can only use A SINGLE ACCOUNT.
You must not disclose your password, nor must you authorise a third party to access or use the Service via your Account.
Any loan, sharing, exchange, gift, or sale of an Account is strictly forbidden.
You must not access the Account of others.
The use of any Account used by more than one person is specified as an “Account loan”.
The use and/or creation of more than one Account per person is specified as “Multi-Account use”. These two uses are strictly prohibited.
Motion Twin may conduct audits to ensure compliance with these conditions. Any offence may be liable to the permanent deletion of your Account and the Accounts in offence without notice or compensation.
Motion Twin reserves the right to limit the number of registrations and use of Accounts per household.
You are responsible for the security of your Account and the reliability of your connection data. For more information and advice on how to increase the security of your Account, you can visit this link: http://support.motion-twin.com/go/security.
Motion Twin disclaims all liability in the event of access to an Account by a third person (including when the identification on our Service is carried out via a third party service, as for example Google or Facebook). You are the only one responsible for the activities undertaken through your Account. You must not allow a third party to access and/or use the Service on your behalf.
If you suspect a misuse of your Account or any other breach of security of the Service, you must notify us immediately via the User support site (http://support.motion-twin.com - further details in article 14).
The User can choose a password when registering to the Service, (or at a later date). It is strictly confidential and should never be communicated to a third party. Motion Twin can put in place automated procedures allowing the User to retrieve or change a password.
To retrieve a forgotten password, the User must have indicated in advance a means, among those proposed by the Service, to transmit information in a confidential manner (indicating an e-mail address for example). The User is solely responsible for any information sent by this means.
If no means of password recovery has been specified beforehand by the User, the password will not be transmitted.
3.4. Service access to minors.
Minors may not open an Account or use the Service unless assisted by a legal guardian, and under the full responsibility of the latter.
Also, if you authorise or allow a minor to open an Account, and play on the Service:
Motion Twin insists on the fact that it is prohibited to disseminate content not suitable for minors when the latter is likely to be seen by a minor.
Any games not suitable for minors will be duly reported upon registration to the Service, and it is up to you not to allow access to these games to minors.
For more information and advice on minors accessing the Service, you can consult this link: http://support.motion-twin.com/go/minors.
3.5. Account suspension and closure.
At any time Motion Twin may, without notice, proceed:
If the Service is not used by the User for a period exceeding 12 consecutive months, Motion Twin can proceed to the automatic closure of the unused Account.
The User can also proceed to the closure of his or her Account - the procedure is accessible from his or her personal space of the Service.
Except as otherwise provided for in this contract or upon explicit agreement from Motion Twin, there are no refunds in the event of suspension or closure of the Account by the User or by Motion Twin.
4. Pay Services
Most of the services offered by Motion Twin are free of charge.
However, some bonuses, options, accesses and other services may be chargeable. The User who wishes to have access to these services will therefore make a payment to Motion Twin.
Various means of payment are available to the User. The price and the elements obtained may vary depending on the chosen means of payment. This information is shown to the User in the payment section.
When you have chosen a means of payment, you must be authorised to use this means of payment and you must agree to provide information that is valid, accurate, and up-to-date.
If you discontinue the use of the Service or if you close your Account, this has no impact on the amounts already billed and no refunds will be made.
If Motion Twin detects a fraudulent payment from your Account, your Account will be permanently suspended.
Motion Twin or its payment service providers can restrict access to certain means of payment as a precautionary measure, following a suspicious use of attempted fraud.
You will have the opportunity to check the details of your purchase and the total price, and to correct any errors, before to confirming payment.
You will find the detailed prices of the Service in the payment section of the Service.
Some costs are not dependent on Motion Twin or its payment service providers. These costs can be related to telecommunication operator services and currency exchange, for example. Motion Twin warns (where possible) when additional charges may be added to the final price.
We can occasionally change the Service rate and you will be notified via a global communication on the Service.
All pricing and offers proposed by Motion Twin are valid for the duration of their implementation online.
If your offer of Service is subject to a rate and a specific duration of time, and we modify the rate of the Service, the original rate remains in force for the entire duration specified.
4.3. Withdrawal period and refund policy.
You have a period of fourteen days to exercise your right of withdrawal without having to justify reasons or pay any penalties. This period runs from the acceptance of the offer for the provision of services, in accordance with article L121-21 of the consumer code.
When this right is exercised, all sums paid will be refunded within a maximum period of thirty days.
Motion Twin draws the attention of the User to the fact that, by virtue of article L121-21-5 of the consumer code, no withdrawal period will be granted if, with his or her agreement, the execution of the Service started prior to the expiry of the period of fourteen days.
Requests for refunds should be sent:
The requests must contain the coordinates of the plaintiff, the object and the date of payment, the means of payment used, the Service and the username of the User Account in question, as well as a proof of payment (invoice or receipt for example) if the latter was not paid by credit card or PayPal.
Incomplete applications, or those that fall outside the deadline, shall not give rise to any refunds.
Minors may use the Service, under the full responsibility of a legal guardian.
The minor who uses the Service shall make all payments in the presence and with the explicit agreement of his or her legal guardian.
No appeal/claim, particularly with regard to payments, is admissible from Motion Twin.
For more information and advice on minors accessing the Service, you can consult this link: http://support.motion-twin.com/go/minors.
5. Use of the Service in test phases (“beta-test”)
During the beta-test phase, the User is prompted to perform volunteer feedback on the Service in order to assist in the completion of the Service before its full implementation online. He or she undertakes not to disclose any of the content of the Service during this period and he or she accepts that the Service is subject to modifications and interruptions given the context of experimentation. The User acknowledges that he or she has no right to compensation following collaboration during the “beta-test” phase.
6. Content submitted by you
You can edit content - in parts of the Service provided for this purpose.
Editing can take place in areas accessible to all, (for example - the forum of a game, or the public details of the User), or in areas for which you can control third party access (for example - private messaging or a player group). You acknowledge and agree that Motion Twin does not control nor assume responsibility for the content that you and third parties put online.
You grant to Motion Twin, global, gratis, non-exclusive, and for the duration of your rights, the authorisation:
If you submit a photograph or another digital image, you explicitly waive the rights of privacy and publicity relating to the image, and allow Motion Twin to the broadcast it on the Service.
You are requested to respect the rights of artists, inventors, and creators. All content such as music, photos and videos may be protected by copyright law. If you share the content on the Service in a manner that infringes the rights of copyright, intellectual property rights, or the privacy of third parties, you are in breach of this contract. You represent and guarantee that you own all the rights necessary to grant the authorisations mentioned in this article and that the use of this content does not violate any law. We may refuse to publish your content for whatever reason. We may at any time withdraw your content from the Service if you breach this Agreement or if we cancel or suspend the Service.
Motion Twin reserves the right to change the Account names, nicknames, the names of characters, and the names of user groups not complying with the rules set forth in the article of Service Use (article 2). Motion Twin may also temporarily or permanently suspend Account access or user groups without notice or compensation.
If you feel that content clearly infringes on your rights, you can report it to Motion Twin via the support site (http://support.motion-twin.com) or by other means specified in the Service.
If we believe the content is clearly illicit, we will proceed to its deletion.
Taking into account the general interest attached to the suppression of illegal activities, Motion Twin has put in place provisions accessible at the following address: firstname.lastname@example.org. This allows the Users to report to the communication services and any serious wrongdoing will be passed on to the competent public authorities in the matter. Motion Twin also informs you of the risks incurred by the User through the use of games made in violation of the law.
In order to operate and to provide the Service, we collect certain information about you. We protect this information.
You are informed that your personal data may be disclosed to third parties to meet legal or regulatory requirements. In addition, the information about you may be used in order to act in good faith when such access or disclosure appears necessary to protect the personal safety of employees of Motion Twin, customers, or the public.
The personal data collected by Motion Twin is mainly stored and used in France and Ireland, but it may also be stored or used in any other country where Motion-Twin or one of its providers has servers.
In order to provide you with the Service and to improve the Service, we, or our providers, can collect certain information relating to the performance of the Service, to the use you make of the Service, and to your equipment.
Some data about you can be communicated to our providers only within the framework of a need related to the technical operation or marketing of the Service. Outside of this framework, Motion-Twin undertakes not to distribute, disseminate, transmit in any form, or publish your information to affiliates, resellers, suppliers, or other third parties.
Motion Twin undertakes to respect the security of the collection, use, and retention of your information and personal data.
In application of Act No. 78-17 of January 6, 1978 relating to computing, files and freedoms, as amended by Act No.2004-801 of 6 August 2004 of the French territory, Users have the right to access, oppose (art. 38 of the Act), question (art. 39 of the Act), and rectify/delete (art. 40 of the Act) of personal data concerning them. You can exercise your right by contacting us by post and by indicating your names, forenames, e-mail address, home address and evidence of your identity. All requests should be sent to the address indicated previously.
8. Intellectual property
Motion Twin is the copyright licensee of the Service and its contents, including all software and databases, as well as owner of the sui generis rights applied to databases.
All the elements constituting the Service - including trademarks, domain names, text, data, structure, webspace, thesaurus, headings, logos, graphics, images, photographs, names, games, characters as well as the Service itself, are the exclusive property of Motion Twin.
Any extraction, reuse, representation, reproduction, exploitation, adaptation, translation, modification or sale of the Service or all/part of its contents is prohibited, unless explicit prior authorisation is granted by Motion Twin.
The User is prohibited to communicate to any third party, free of charge or not, any data retrieved from the Service, including any entity linked to him or her administratively, financially or commercially.
Motion Twin can freely change the presentation of the Service and its contents.
All elements, features, tools, and documents which are part of the Service provided by Motion Twin (not limited to the game, client, characters, game accounts, objects, graphic charter, logos, music, software, servers, etc.) are protected by French law and international copyright and are the intellectual property of Motion Twin. You cannot use these elements without the prior written authorisation of Motion Twin.
You do not have the right, in whole or part, to copy, reproduce, translate, extract, or modify the source code, disassemble, decompile, modify, rent, sell, distribute or create derivative works based on the Service or the content without the prior written authorisation of Motion Twin. Reverse engineering is strictly prohibited.
9. Operation of the Service and equipment
9.1. Technical restrictions.
You must not seek to circumvent the technical restrictions of the Service. You are prohibited to decompile, create derivative works of, reverse engineer, modify, sublicense, distribute, or use the Service for purposes other than those permitted by Motion Twin. The violation of this provision may result in the permanent closure of your Account and/or your ability to access the Service. Motion Twin can take legal action against a User who is detrimental to the security of the Motion Twin network or systems.
9.2. Temporary closure of the Service.
Motion Twin may temporarily pause, with or without prior notice, access to all or a portion of the Service, for any reason, but particularly in the event of automatic or manual maintenance.
You cannot claim any damages, for loss of profits relating to the Service or not, special, indirect, incidental, or punitive results due to a temporary closure of the Service.
9.3. Changes to and cancellation of the Service.
We can modify the Service in its entirety or certain functionalities, certain games or any other content at any moment, for whatever reason (with or without motive) and without prior notice.
We can totally and permanently close the Service for whatever reason. However Motion Twin undertakes to comply with a minimum period of 12 consecutive months between the closure of means of payments and the final closure of the Service. This period allows users to use their credits, bonuses, or any other items acquired by a means of payment.
No refund will be made in case of modification or closure of the Service.
Your right to use the Service expires upon the closing of the Service. Once the Service closes, it may be that the data that you have stored on the Service is no longer recoverable.
Our closing the Service does not affect your obligation to pay all charges to your billing account for the amounts incurred prior to the closure of the Service.
10. Procedures for modification of the contract
We can change the present contract. If we change the present contract, we will notify you within seven (7) days.
Continued use of the Service will require acceptance of the new contract on your part.
If you do not accept the contract, you have the right to close your account at any time and for any reason whatsoever. Consult section 3.5 for further details.
11. We do not provide any guarantees
We provide the Service “as is”, “with all its imperfections” and “as available”. We do not guarantee the accuracy or timeliness of the information available from the Service. You acknowledge and agree that the computing and telecommunications systems are not free of defects and that operational downtimes may occur. We cannot guarantee that the Service will be uninterrupted, timely, or error-free. We and our service providers give no explicit guarantees or conditions. You get all the guarantees provided for by the law, but we do not provide any further guarantees. We exclude all implied guarantees, including those of merchantability, fitness for a particular purpose, absence of manufacturing defects and absence of counterfeiting.
12. Limitation of liability
To the extent permitted by the French legislation in force, in the event of a claim, you can only obtain from Motion Twin damages and interest which may not exceed the amount of your various purchases made through the Service. You cannot claim any other damage-interest, including consequential damages for loss of profit whether special, indirect, incidental, or punitive.
13. Applicable law
The present contract is subject to French law, without prejudice to the mandatory provisions of the Rome convention 80/934/ECC.
14. User assistance
The support site (http://support.motion-twin.com) provides you with access the Motion Twin assistance service.
To contact Support, you must have an account and you be identified.
Motion Twin has discretionary power in the management of Support and reserves the right to not respond to the messages of the User.
Recent changes - November 27, 2014.