GCU of Playstation®Plus League
These General Conditons of Use (hereafter "GCU") are concluded betwen GLHF, simplifed public limited company, with a capital of 12,500 Euros, registered in the Paris Trade and Companies Register under number 790 085 29, the head quarters of which being situated 10 rue Humblot, 75015 PARIS (hereafter "Glory4Gamers") and the physical person who creates an online acount (hereafter "the User") for the purpose of using the services proposed by Glory4Gamers on the Website www.Glory4Gamers.com (hereafter the "Site") in acordance with the present GCU.
These GCU are intended to define the conditons in which Glory4Gamers proposes to the User a go-betwen players' platform of on line video games ofering various services such as the posibilty to organize and to participate in individual or team tournaments. (Hereafter the "Services").
Concerning the Services, the User can provide Glory4Gamers with contents that can be notably constiuted of texts, pictures, sounds, video, hypertext links, without having to be exhaustive (hereafter "the Contents"), that wil be hosted by Glory4Gamers within the framework of Services.
The User is invited to read these GCU atentively. It is recommended to the User to download and/or print them and to kep a copy. It is equaly recommended to the User to read the present CGU at each visit of the Site, since they can be modifed.
While using the Services, the User acepts the present GCU and undertakes to comply with them.
2. Using the Services
In order to use the Services, the User must be a physical person aged at least eighten (18) and be juridicaly capable of contracting. The user must equaly have aces to the Internet. The posible expenses coresponding to this aces shal be borne by the User who must acquire the necesary equipment and software in order to ensure the conection to the Internet network.
It is recaled that he Contents stored by the User in the Services are a simple copy of the Contents that the User holds in original in his own computer equipment. To safeguard against any risk of los, it is advised that the User regularly caries out a backup copy of the Contents on a removable storage media.
Using Services by the User are limited to personal use. The user consequently undertakes to refrain from reproducing, copying, seling, reseling, exchanging or exploitng in a commercial purpose or against any remuneration, profit or advantage, al or part of the Services, any use of the Services, or any aces right to the Services.
3. Registering and opening the User Acount
3.1.Opening of an Acount
In order to benefit from the Services, the User must create an acount on the Site (hereafter the "Acount") and fil an identifcation file with obligatory fields. The user shal give complete, precise and exact data and, in case of modifcation of al or part of these data, immediately proced to update them.
If al the obligatory fields are not filed in, the User wil not be able to have aces to the Services.
Glory4Gamers reserves the right o ask the User any suporting document in order to verify the acuracy of the information provided by the User.
Every User can only hold a single Acount on the Site. Glory4Gamers reserves the right o close the multiple Acounts created by a same User or atributable to a same person.
From his Acount, the User wil be able (i) to ad the games that he wishes to use with the Services to his game catalogue and (i) to chose to obtain fre or paying game tickets. These game tickets are nontransferable and remain linked to the Acount of the User.
3.2.User name and pasword
When registering, the User wil be invited to chose a user name as wel as a pasword that are not already used by another User. The user name of the User must not be obscene, threatening, racist, ofending, pejorative, slanderous or is in breach with these GCU, nor infringe any intelectual property right or any other right of a third party.
The User shal ensure the confidentiality and the security of his pasword. The user is solely responsible for the posible damages due to the aces to his Acount by a third party by means of his user name and pasword. The User is fuly responsible for the use of his user name and pasword, which releases Glory4Gamers of any responsibilty related to his use by himself or a third party.
The user can add third party editor games to the game catalogue from which he can play from the Site. Glory4Gamers is not the editor nor the distributor of these games. The user must obtain these games directly from their editors or their authorised distributors.
In order to use the Services, the User could create accounts on online game plateforms edited by the game editors previously added to his game catalogue. The User will have to communicate to Glory4Gamers any required information relating to these accounts on the Site in order to allow the Site to be put in relation with these plateforms, to organize the games to which the User wishes to participate and to verify the results of the games played by the User.
The User accepts that on this occasion Glory4Gamers can have access to certain type of information relating to the accounts that the User has created with third party editors, and can use this piece of information for the needs of the Services and these GCU.
5. Game tickets
To use the Services, the User must have free and/or of paying games tickets on his Account.
The free tickets allow the User to benefit from the following Services in the conditions defined at the time of his registration or of his usage of each Service:
- Free tournaments: This Service allows the User to play against other users of the Site for free in the framework of individual or team tournaments.
The specific rules to every Service and the number of free tickets to be used for each of these Services are described on the Site.
5.2.1. Services available with Paying Tickets
The paying tickets allow the User to benefit from the following Services in the conditions defined at the time of his registration or of his usage of each said Services:
- Max Points: This Service allows the User to play against other users of the Site for free in the framework of individual or team tournaments. The user can play as many games as he wishes it in the framework of the Versus Time;
- Bracket Tournaments: This Service allows the User to play against other users of the Site for free in the framework of individual or team tournaments. Bracket tournaments can notably be called Cashback or Jackpot.
- Face to Face Method: This Service allows two Users who wish so to play a party against one another.
The specific rules to every Service and the number of free tickets to be used for each of these Services are described on the Site.
The paying tickets can be bought by the User from his Account.
The prices of the paying tickets are indicated on the Site in Euros, all taxes included. Glory4Gamers reserves the right to modify its prices at any moment.
The User shall to proceed to the payment of the paying tickets according to the tariffs in force at their acquisition. The amount will be paid by the Paypal service or by bank card according to the payment procedure described at the time of the acquisition process of the paying tickets.
Glory4Gamers reserves the right to ask you any information or supplementary document in order to verify that the User is indeed the owner of the bank card or the Paypal account used.
Glory4Gamers will credit the paying tickets on the Account of the User upon reception of full payment.
The User guarantees that the funds that he uses to pay the services were legally obtained, and that he fraudulent activities.
5.2.4. Reimbursement of the unused or earned paying tickets
The User will be able to ask at any momentthe reimbursement of the paying tickets that he obtained but did not use or that he won at the time of his participation in the Services, while following the procedure of accessible reimbursement from the section My Trunk. The reimbursements will be done only on the bank card or the declared paypal account of the User at the time he created his Account on the Site.
If the User requires too frequent reimbursements, Glory4Gamers nevertheless reserves the possibility of asking him some supporting documents before allowing any reimbursement.
The User will be able to withdraw some money of his Account from an amount of 20€.
5.3.1. List of prizes
When prizes are brought into play by Glory4Gamers in the framework of the Services, their list is specified on the Site for every concerned Service.
The prizes offered by Glory4Gamers can consist of free or paying game tickets of game or any other prize. The prizes brought into play by Glory4Gamers only include what is indicated on the Site. They shall not give rise to any challenge whatsoever on the part of the Users.
The prizes’ value on the Site is only indicative. Glory4Gamers reserves the right to replace any announced prize on the Site, in all or part, by a different prize of an at least equivalent monetary value.
The photographs or other illustrations used on the Site or on any other communication support of Glory4Gamers to present the prizes shall not have any contractual value in terms of the characteristics of the prize ultimately awarded.
All the brands and names of the products referred to are registered trademarks of their respective owners.
5.3.2. Prizes award
The winners the prizes are designated by Glory4Gamers, the decisions of which are sovereign.
The prizes consisting of free or paying game tickets that may be earned by the User are credited by Glory4Gamers of the User within a period of two hours following the announcement of the winners by Glory4Gamers.
For the other prizes that may be earned by the User, Glory4Gamers will address an email to the User confirming him that he won the prizes, and inviting him to confirm his postal address on the Site. The prizes will be sent to the postal address given by the User. In the absence of the User's reply within a period of eight (8) weeks following the email sent aforementioned by Glory4Gamers, the User will be considered as renouncing the prize he won and Glory4Gamers will be free to dispose of the prize to its convenience.
6. User's obligations
Glory4Gamers' services are accessible on the Internet.
The Internet is a space of conviviality that supposes that each person respects the others and where the respect of the right imposes on all.
6.2.Registration and opening of the User’s Account
The User's Account is strictly personal. Consequently, the User shall refrain from lending his Account to any third party, or to let any third party use his Account in any way whatsoever.
The use of robots, mechanical devices, electronic devices or any other device allowing automatic decisions on any part of Site or in link with any Service is strictly forbidden.
The User shall adopt a loyal behaviour considering Glory4Gamers and the other users of the Site. He shall not cheat when using the Services, respect his opponents and remain courteous in any occasion.
The User recognizes to possess all the necessary rights on his Contents as well as all accessible information on the web pages leading towards his Contents. Consequently, he is the only person responsible and guarantees in addition that all the Contents he will edit will be in strict accordance with the present GCU.
In this framework:
- The User shall use good judgment in the usage of the Services at his disposal.
- The User acknoledges to be conscious of the inherent risks while using the services of on line communication and must therefore use these Services with full knowledge, notably as he addresses to the public.
- The User must respect all laws and applicable regulations, and notably the regulation applicable to alcohol and tobacco, and shall not edit any message or Content with illegal or otherwise reprehensible content. The User shall not:
- edit any message with content that may violate any patent, registered trademark, manufacture secret, intellectual property rights or any right belonging to others;
- edit any promotional content for any illicit products or services (notably gambling and medicines);
- transmit any promotional unsolicited or unauthorized message ;
- edit any Content containing computer viruses or any other code, file or programs conceived to interrupt, destroy or limit the functionality of any software, computer, or telecommunications tool;
- impede or perturb the Services, servers, or networks connected to the Glory4Gamers’sites ;
- make declarations damaging the image and the reputation of Glory4Gamers or of any other person ;
- collect and store personal data relevant of the people using the Services without complying with the provisions of the law no78-17 "Data processing and Liberties" of January 6, 1978.
IT IS IN PARTICULAR FORBIDDEN TO THE USER, VIA HIS CONTENTS, TO JUSTIFY CRIMES AGAINST HUMANITY, INCITE TO RACIAL HATRED, CHILD PORNOGRAPHY, VIOLENCE OR UNDERMINING HUMAN DIGNITY AS WELL AS ILLEGAL ACTIVITES OF GAMBLING GAMES.
IN ADDITION, IF THE USER NOTES ANY SUCH ILLICIT BEHAVIOURS ON THE SITE, HE MUST USE THE "REPORT ABUSE” FORM ON THE PAGES OF THE SITE AND DIRECTLY SEND IT TO GLORY4GAMERS.
Besides, it is recalled that the item 6-III of the Law n°2004-575 of June 21, 2004 for Confidence in Numerical Economy (hereafter "CNE") imposes on the Users, in their quality of editor of on line contents, to mention some identification mentions with their Contents. The User is the only person responsible for the respect of these provisions.
The User grants to Glory4Gamers during the length of his usage of the Services the right to reproduce and to represent the Contents of all or part on the Site, as well as on any advertising or promotional support, and notably on the internet, paper supports, films, numerical supports, by cable, satellite or digital terrestrial broadcasting. The rights listed above are granted to Glory4Gamers regarding any usage, whether public, commercial, or promotional.
The User guarantees Glory4Gamers, as well as its leaders, officials and partners against all complaints, claims and actions engaged by any third party and having for cause, foundation or origin the content of the User. To this end, the User accepts to compensate them completely, notably by reimbursing the expenses that they will have engaged for the treatment of litigation and for their defense (legal and bailiff fees, etc.) and by supporting the possible amount of their condemnations (damages and interests, publication costs, penalty payments, etc.). The User shall equally intervene in the framework of any engaged talks the entire contractual indemnities owed by him.
7.1.Intellectual property concerning the Site
Glory4Gamers owns all the intellectual property rights relating to the Site that belongs to it or holds the related user rights.
The access to the Site does not confer any right to the User on the intellectual property rights relating to the Site, that remain the exclusive property of Glory4Gamers.
The accessible elements on the Site, notably in the form of texts, photographs, pictures, icons, cards, sounds, video, software, data bases, data are equally protected by intellectual and industrial property rights and other private rights that Glory4Gamers holds.
Unless otherwise provided for in these GCU, the User cannot in any case reproduce, represent, modify, transmit, publish, adapt, on any support, by any means, or exploit of in any way whatsoever, all or part of the Site without the previous authorization of Glory4Gamers by writing.
7.2.Property of the technical tools and software
The technical tools and software available to the User by Glory4Gamers to provide the Services remain the entire property of Glory4Gamers. Hence, the User shall not copy, reproduce, translate or adapt them in all or part.
8. Report of illicit Contents
In accordance with the law n°2004-575 of June 21, 2004, Glory4Gamers puts at the disposal of the netsurfers an easily accessible and visible device allowing them to report any content concerning any justification of crimes against humanity, any incitement to racial hatred, child pornography, violence and the undermining of human dignity.
It is possible to report such contents by writing to the following e-mail address: Abuse [at] Glory4Gamers.com by precising the date, your identity, the URL address of the disputed content, the description and the username of the author.
Besides, Glory4Gamers shall withdraw any obviously illicit Content or make its access impossible, from the moment Glory4Gamers becomes aware of it.
Thus, any person wishing to inform Glory4Gamers of the existence of some protected information or Content by intellectual property rights on the Site can inform Glory4Gamers by writing to the following e-mail address: Ip [at] Glory4Gamers.com.
In accordance with the terms of article 6-I-5 of the law of June 21, 2004, the report will have to mention all the following information:
- the date of the report;
- the identity of the person reporting;
- if the reporting person is a physical person: names, first name, profession, residence, nationality, dates and birthplace;
- if the reporting person is a moral person: form, name, head quarters and the entity representing it for legal purposes;
- the description of the disputed facts and their specific location (ex: URL link of the content);
- the motives for which the content must be withdrawn, understanding the mention of the legal disposals and justifications of facts;
- the copy of the correspondence addressed to the author or the editor of the disputed information or activities requesting their withdrawal, collection or modification, or the justification that the author editor has not been able to be contacted.
Any report of Content wrongly presented as illicit in order to obtain its withdrawal would expose the author of the report to civil and/or penal penalties.
Besides, the User is informed that Glory4Gamers can divulge any Content or information in its possession concerning the User in application of the laws in force as well as to the demands of the judicial authority that has the power to require of any person, in a framework strictly defined by the law, to communicate any personal information that might interest an investigation.
At last, Glory4Gamers reserves the right to eliminate any Content that would not be in accordance with these GCU.
9. Modification of the Services and the GCU
Glory4Gamers reserves the possibility to modify at any moment, all or part of these CGU. In this hypothesis, these modifications will be the object of a special mention within the Site and the User will be invited to accept them expressly in order to be able to continue to use the Services. In case of refusal, the User will be able to terminate his usage of the Services in the conditions of the article13 (Effective date and Termination) of these CGU.
Glory4Gamers may modify the Services because of technical evolution. If need be, the User can specify to Glory4Gamers the characteristics of the Service he wishes to use and he will be able to terminate his use of the Services if they are modified.
10.Rules of technical use – Available tools
In order to allow a harmonious technical functioning of the Services, some technical constraints must be respected by the User.
Consequently, the User must respect the technical indications provided by Glory4Gamers, which may evolve according to the evolutions and/or imperative of the management of the Services.
Glory4Gamers shall not be held responsible regarding corrective or progressive maintenance of the tools available to the User.
11.Responsibilities – Guarantees
Glory4Gamers does not guarantee that the Services or the Site will be exempt of errors or bugs, nor that the latter could be corrected, nor that the Site will work without interruption or breakdowns, nor that it is compatible with a special equipment or configuration other than those expressly mentioned by Glory4Gamers.
Within the limits of the law, Glory4Gamers is held to an obligation of means. The responsibility of Glory4Gamers shall not be engaged in any case in case (i) of indirect damages, knowing that indirect damages are assimilated to any financial loss or missed gain or (ii) any prejudice to the Contents, that the User could suffer from owing to the use or the impossibility of use of the Services and the Site. All the same, the responsibility of Glory4Gamers shall not be engaged if its servers were unavailable, notably for reasons of major force or in case of technical interventions at Glory4Gamers' server center. In any case the financial responsibility of Glory4Gamers is expressly limited to the amounts effectively paid by the User to Glory4Gamers for his usage of the Services during the period of six (6) months preceding the event that would engage the responsibility of Glory4Gamers.
The User shall not yield or transfer all or part of the rights and obligations resulting from these GCU, directly or indirectly, by any means whatsoever, notably by transfer or provision, without the previous written agreement of Glory4Gamers. He shall not rent, and/or put at the disposal of a third party by any means whatsoever, all or part of the Services.
Glory4Gamers shall be able to yield or transfer all or part of the rights and obligations resulting from the present GCU, directly or indirectly, by any means whatsoever, to any chosen third party, which the User expressly accepts.
13.Protection of privacy
The personal data that the User will communicate to Glory4Gamers are collected in accordance with the law no78-17 known as "Data processing and Liberties" January 6, 1978 for the purpose of allowing him to use the Services.
In accordance with this law, the User disposes of a right of access, modification, rectification and suppression of the data concerning him exercised at the following e-mail address: cil [at] glory4gamers. The User can equally concerning him in the section My Account of the Site.
The Site consists of a system of cookie identification strictly necessary to the usage of the Services. Cookies are stocked files in a catalogue on your micro-computer. These cookies have a temporary lifetime that varies according to the chosen options. It is possible to deactivate the cookies while configuring your navigator, in that case Glory4Gamers declines any responsibility in case of bad functioning of the Services.
The personal data collected will be transmitted by Glory4Gamers to its partners. Glory4Gamers will equally be able to carry out usage statistics and share these statistics with its partners.
Glory4Gamers will also use the User's personal data in the purpose of fighting against fraud, in order to verify that the User complies in all respects with the requirements of these GCU.
You consent to the usage of your user name, first name, initial of your family name and your Contents for advertising and promotional ends without any compensations by Glory4Gamers.
15.Suspension and Termination
Glory4Gamers reserves the right to suspend the Account of the User at any moment and (i) for an indeterminate time in case of proven contravention of the User of these GCU and (ii) for the time of the investigation is suspected to contravene these GCU.
Termination can intervene at any moment, granted that this termination can be carried out:
- on the initiative of the User, while eliminating his Account, and without the need to respect any notice,
- on the initiative of Glory4Gamers, namely
- in the case of the User breaching any obligation he is hereby responsible for, not remedied in the fifteen (15) days following the notification by email of this breach by the User to Glory4Gamers, Glory4Gamers then being able to terminate the Account of the User with full right, with immediate effect, without harm of the compensation that Glory4Gamers could claim to the title of the damage caused by the aforementioned breach and of all other recourse or action that Glory4Gamers could dispose.
- out any case of breach of the User, by sending an email to this end to the User to the address mentioned in his Account. In this case, Glory4Gamers will have the right to cancel the Account of the User as well as its Contents on the expiration date of a of thirty (30) day notice;
15.3. Consequences of suspension or termination
In case of suspension or of termination of the Account of the User without breach of the latter, Glory4Gamers will proceed to the immediate reimbursement of the unused paying tickets available on his Account. The reimbursements will be done only on the bank card or the declared paypal account of the User at the time he created his Account on the Site.
By exception, Glory4Gamers reserves the right to suspend the reimbursement of the unused paying tickets available on the Account of the User in case of suspicion of fraud or infraction to these CGU.
It is expressly agreed that the data kept in the information system of Glory4Gamers, notably in the email tools used by Glory4Gamers, shall be deemed conclusive between the Parties. They will prevail as for their content and accountability until proven otherwise, in the same manner, conditions and convincing force as any document that would be established, received or preserved in writing. For this purpose, the parties expressly renounce to protest against the validity or admissibility of the data preserved and archived by Glory4Gamers or by any third party of its choice since they are dematerialized.
None of the parties will see their responsibility engaged for the inexecution or delay in the execution of their obligations pursuant to these GCU, if such a defect or delay is due to a case of force majeure such as defined by the jurisprudence of the Court of Cassation.
18.Applicable law and jurisdictional competence
The law applicable to these GCU is the French law, whatever the country of residence of the User.
Any litigation relating to the interpretation or to the application of these GCU subjected to the exclusive competence of the competent courts of Paris.
Paris, December 20, 2012