General Terms & Conditions
ICONIK – KING PONG
3 November 2020
IMPORTANT – USER INFORMATION:
Please read these terms & conditions carefully. They define the conditions and restrictions that apply to the King Pong game. You accept these T&C upon ordering the game on the download platforms.
These terms & conditions can be consulted at any time on the King Pong download platforms.
Before playing the game, please read the warning regarding the risk of epilepsy and the precautions found in section 7 to be taken when playing a video game.
GT&C: the present general terms & conditions applicable to playing the KING PONG game.
ICONIK: a simplified joint stock company with capital of €12,800, listed in the Marseille Companies Register under number 439 293 580, whose registered office is located at 170, Impasse du Serpolet, 13600 La Ciotat, and represented by its current Chairman, Mr Nicolas ROMAIN.
Game: the KING PONG game published by ICONIK, offering users the possibility to play ping-pong under virtual reality.
Download platform: one that is authorised by ICONIK to market the game to the end user and on which the game is also available for purchase.
Terminal: any user device equipped with a compatible operating system, wholly owned or controlled by the user, on which the game is installed and played.
User: any person who downloads and plays the game on their terminal and agrees to abide by these GT&C.
2. PURPOSE OF THE TERMS & CONDITIONS
These GT&C define the rules under which the user has the right to play the game and the respective responsibilities of ICONIK and the user.
The client acknowledges that these GT&C prevail over any other document such as a prospectus, catalogue, or other information provided by ICONIK.
ICONIK may at any time modify these GT&C. In the event of any changes made to the GT&C, ICONIK shall so inform the user and the new GT&C shall be applicable subject to the user’s prior agreement. Should the user fail to accept these modifications, they may terminate the Agreement in accordance with the terms & conditions set out in section 9.
3. ENTERING THE GAME
The game’s functions are made available to the user on their terminal once payment has been made and the game is downloaded from the platform.
The user must possess a system equipped with material and software compatible with the game indicated in the game’s presentation on the download platform, along with an Internet connection; these are at the user’s expense and responsibility. Playing the game may require periodic updates.
4. INTELLECTUAL PROPERTY
4.1. ICONIK’s rights: ICONIK either owns all rights and/or legally operates the intellectual property rights to the game.
The player acknowledges that all trademarks, designs, copyrights, and all other intellectual property rights concerning the game and its concept, including any modifications, translations, adaptations, improvements, corrections, updates, new versions, or derivative works, are and remain at all times the property of ICONIK. Any total or partial reproduction of the above-mentioned items would constitute an infringement of ICONIK’s rights.
The player agrees to comply with these GT&C and not to infringe in any way upon ICONIK’s property rights. The client agrees not to copy the elements of the game that constitute original creations. More generally, the client undertakes not to directly or indirectly undermine ICONIK, the game and its content, or the rights attached to the game. Any such breach may result in legal action and in the termination of the Agreement.
4.2. The license granted for the game: subject to compliance with these GT&C, ICONIK provides the player with a personal, limited, temporary, non-transferable, and non-exclusive right to download, install, and play the game on their terminal, in its executable form, for strictly private use, excluding any professional, commercial, or promotional purposes. Any usage not expressly authorised by these GT&C is prohibited. In particular, although without limitation, the user is prohibited from:
- Copying, duplicating, modifying in any way, or integrating into another product all or part of the game, even to correct errors it may contain. This right is exclusively restricted to ICONIK, with the exception of copies permitted by law;
- Disassembling or otherwise reverse engineering, attempting to discover source codes that are strictly confidential, and/or data files specific to the game, including making it interoperable with hardware or software other than those mentioned in section 1;
- Distributing, giving, selling, sub-licensing, or otherwise transferring, even free of charge, all or part of the rights conferred by this Agreement by any means to any third party. In this respect, the user agrees to delete the game from their terminal in the event they transfer ownership or control of it to a third party;
- Removing, obscuring, or altering any proprietary notices or labels on or in the game’s credits.
As a general rule, the user undertakes not to cause any harm to the game. They shall refrain from any action that could jeopardise the game’s proper functioning.
5. GUARANTEES AND LIABILITIES
As the game falls within a particularly complex area of computer technology, it is not possible to test all possible uses of the game in a material sense, given the current state of the art. This Agreement entitles the parties to the applicable statutory guarantees, to the exclusion of any other guarantee.
Equipment such as the computer, software, virtual reality, and telecommunication devices, etc. enabling the game to be played are at the sole expense of the user, as are the telecommunication costs incurred by their use.
The game’s proper functioning presupposes that the player uses equipment that is in good working order and complies with specific technical requirements. The minimum system requirements can be found on the download platform.
The player acknowledges and accepts that no one can guarantee the proper functioning of the Internet as a whole. Therefore, ICONIK’s liability can only be incurred in the event of a proven breach of its own obligations. In particular, ICONIK shall not be held liable for any temporary interruption of access to the game necessary for its development or maintenance, for operating difficulties beyond its control, or for failures or malfunctions of the Internet network in the transmission of messages or information.
ICONIK may decide to publish patches enabling the player to benefit from the most up-to-date version of the downloaded game. These patches will be freely downloadable at no extra cost from either the platform or from the game. The player is hereby informed that only patches provided by ICONIK enable the correct update of the downloaded game, to the exclusion of any other version made available by third parties. ICONIK cannot be held liable for the consequences of installing a non-compliant patch on the downloaded game and, more generally, any damage to the user’s computer environment.
ICONIK’s liability can only be invoked in cases of foreseeable damage resulting from a proven breach of any obligation directly attributable to ICONIK.
Under no circumstances shall ICONIK be held liable to the user, including in the event of a claim by a third party, for consequential damages in connection with the use or inability to use the game.
6. PLEASE NOTE
The user hereby acknowledges and understands that the game is not intended for children under the age of three (3).
WARNING concerning the risk of epilepsy and the precautions to be taken when playing a video game in accordance with Decree No. 96-360 of 23 April 1996 on cautionary measures relating to video games.
PLEASE READ BEFORE PLAYING A VIDEO GAME YOURSELF OR BY YOUR CHILD
I- Precautions to be observed at all times when playing a video game.
Avoid playing if you are overtired or lacking sleep.
Make sure to play in a well-lit room and moderate the brightness of your screen.
If you are operating a video game that may be connected to a TV screen, make sure you play the game well away from the display and as far from it as the connection cord enables.
While you are playing, take ten to fifteen minute breaks at least every hour.
II – Epilepsy warning
Some people are at risk of epileptic seizures. These convulsions may involve, for example, loss of consciousness at the sight of certain types of strong light stimuli such as a rapid succession of images or repetition of simple geometrical figures, lightning, or explosions. These people may be at risk of seizures if they play certain video games containing such stimuli, even though they have no prior medical history or have never been subject to epileptic attacks themselves.
If you or a member of your family has ever experienced epilepsy-related symptoms such as seizures or loss of consciousness in the presence of light stimuli, please consult your doctor before playing.
Parents also need to be particularly vigilant when their children are playing video games. If you or your child develops any of the following symptoms: dizziness, blurred vision, eye or muscle twitching, impaired orientation, involuntary movement or seizure, or temporary loss of consciousness, immediately stop playing and seek medical attention.
7. DURATION AND TERMINATION
7.1. Duration: These GT&C are applicable for an indefinite period.
7.2. Termination by the user: the player may stop using the game at any time, in particular by deleting it from their terminal, without providing any prior notice. This deletion is immediate and cannot be reversed.
7.3. Termination by ICONIK: ICONIK may terminate the Agreement, in particular if the player does not comply with the provisions of section 5 of these GT&C after a formal notice has been sent without effect.
In the event of termination, the user must stop playing the game and delete it from their terminal. The provisions that are intended to prevail upon termination of the Agreement, by their nature or expressly, shall continue to have effect for the duration thereof.
8. GENERAL PROVISIONS
8.1. Intuitu personae. The Agreement is concluded « Intuitu personae » i.e. by virtue of the personality of the other party. Consequently, the user may not transfer or assign in any way whatsoever all or part of their rights and obligations under this Agreement.
8.2. Waiver: The failure of either Party at any time to require strict compliance by the other Party with any provision or condition of this Agreement shall not be deemed to be a definitive waiver of such provision or condition.
8.3. Invalidity of a clause: If any of the non-essential clauses of the GT&C should prove invalid or unenforceable by virtue of a law, regulation, or following an enforceable ruling by a competent court or authority, the Parties expressly agree that the Agreement shall not be adversely affected by the invalidity of the clause in question.
8.4. Applicable law and jurisdiction: this Agreement is subject to French law.
Any disputes that may arise in connection with this Agreement’s validity, performance, and termination before any legal action is taken, may be discussed between the Parties with a view towards reaching an amicable settlement.
In the event of a dispute, the user may also seek recourse to a mediation procedure or any other alternative dispute resolution method. It is expressly pointed out that requests for amicable settlement do not serve to suspend the time limits for filing legal proceedings.
Any legal action related to concluding, interpreting, executing, or terminating this Agreement shall be subject to the jurisdiction of the competent courts in accordance with the legally applicable rules.