Important: Please read these terms and conditions carefully, pertaining to the use of the game TALES UP GAME. They define the general terms and conditions of sale and use of the Game, hereinafter referred to as "GTCU" via the TALES UP Application. By accessing the Game, you agree to all of the provisions of these Terms and Conditions of Use and the limitations of warranties and liability described herein. You acknowledge that the TOS is enforceable in the same manner as any other written agreement you may have signed by you. If you do not agree with the terms of these Terms of Use, you are not authorized to access and/or use the Game. and/or use the Game. These Terms and Conditions of Use may be modified at any time, in particular as a result of changes to the the Application, the Game and/or legislation. In such a case, the User will be informed by way of posting, on the Application.
Terms used, both in the plural and singular in these TOS shall have the following meaning:
"Animations" refers to the various actions present in the Game. An Animation represents an adventure, a story, an avatar and/or cosmetic elements related to the avatar (whiskers, eyebrows, hat, hairstyle...). Some Animations are freely available and others are accessible only after the Player has obtained and/or the purchase, by the Player, of Ticket.
"Application" means the website accessible at the following link: https://talesup.io and/or the TALES UP application, accessible on the Stores. The Application includes software, programs, code source code, data of various kinds, including but not limited to text, sound, music, still or animated images, music, still or animated images, videos, databases belonging to and/or operated by PERIPLE STUDIO. the latter.
"Personal Account" means the individual space accessible on the Application, specific to each Player. Each Personal Account will be assigned an identifier and a password. The use of these elements is under the sole and entire responsibility of the Player.
"Personal data" means data within the meaning of Law No. 78-17 of January 6, 1978 relating to computing, files and freedoms and the General Data Protection Regulation 2016/679 of 27 April 2016.
"Game" means the TALES UP game published by the PERIPLE STUDIO company and accessible through the Application. The Game consists of interactive stories that can be played alone or in multiplayer.
"Player": means the User who has created a Personal Account.
"PERIPLE STUDIO" means the simplified joint stock company registered under number 894 383 553 and whose registered office is located at 7, rue viollet Le Duc in Clermont-Ferrand (63000). The legal information concerning PERIPLE STUDIO are indicated within the legal mentions, accessible here.
"Store" means the distributors' online store (App Store and Google Play Store), accessible from from the User's mobile device allowing Users to download the Application.
"Ticket": means the means by which Player will purchase or enjoy new Animations. The ticket may be purchased by the Player, by credit card, with real money. It may also be a reward for advancing in the Game. The Player obtains Tickets as he progresses through the game, when he progress, when he performs actions on the Application (such as completing stories...). The Ticket is personal and is not a currency in itself. It is not transferable/exchangeable for real money into real money, nor is it exchangeable between Players.
"Requirements" means the technical prerequisites necessary for the optimal functioning of the Application (type of internet connection, compatible browser, devices...). The User is also informed that the The User is also informed that the requirements may change, particularly for technical and security reasons. All of the prerequisites and their possible modifications are accessible on the Application. It should be noted that downloading the the Application requires a minimum storage space of 300MB. The Application is only compatible with Android 11R or later and IOS 11 or later. The content works on IOS and Android exclusively.
"User" means any person accessing the Application.
The purpose of these GTCV is to define the rights and obligations of Users on the Application as well as well as the conditions under which Ticket purchases are made by Players.
Access to the Application is free of charge. However, access to the Game requires the downloading of the the Application on the Store, the respect of the general conditions of use of the Store services (and the (and the communication of certain banking information and/or the authorization to collect its data by the Stores) and prior registration. Players acknowledge and agree that access to certain Animations may be conditional upon payment and/or obtaining Tickets. The User is invited to create a Personal Account Personal Account and to accept the present CGUV beforehand.
Only Users who, in accordance with the law and regulations, have the capacity to conclude a contract and to be bound by it, may create a Personal Account. The Game will be inaccessible to minors, meaning any under the age of EIGHTEEN (18), unless they are under the control of a parent or guardians (adult parent, father, mother, father's son or daughter). (adult parent, father, mother, guardian, legal guardian, etc.). In the latter case, the adult will be the sole and entire responsibility for any act of the minor committed on the Application.
The User is asked to provide certain personal information, some of which is required to proceed with registration. This includes the username, email address and password chosen by the User.
Failure to provide this mandatory information will result in the User being blocked from the registration process. Required information is marked with an asterisk. Other non mandatory may be provided spontaneously by the User.
The User undertakes to provide accurate and sincere information on his situation, as well as to proceed to and to regularly check the data concerning him/her, and to make any necessary changes online on his/her Personal Account. necessary modifications, if any.
The provision of false information shall not engage the responsibility of TALES UP as a result. In order registration, the User must accept the GTCUV, as well as the privacy policy related, by checking the two boxes provided for that purpose.
If the data contained in the "Personal Account" section were to disappear following a fortuitous event technical failure or a case of force majeure, PERIPLE STUDIO's responsibility could not be engaged, this information be engaged, this information having no probative value but only an informative character.
The creation of a Personal Account entails the choice for the User, to select a password and an identifier The User will be entitled to change his password within his Personal Account. These identification elements are personal, confidential and non-transferable. Under these conditions, the User undertakes not to communicate them to third parties. In the event that the User disseminates or uses these in a manner contrary to their purpose, PERIPLE STUDIO shall be entitled to terminate the User Account. User's Account.
The User is solely responsible for the use of these identification elements by third parties whether it is
fraudulent or not. In this respect, he/she guarantees PERIPLE STUDIO against any request and/or action based on
a
fraudulent or not use of his identifiers.
In case of loss of password, the User has the possibility to request a reset of his password password via a click on the "forgotten password" link. A reset link is sent to User to his or her valid email address. The communication of an invalid email address (or the invalid email address (or updating an invalid email address within the Personal Account) will make it impossible to password cannot be reset. The User will then be able to choose a new password and access his Personal Account.
The Game will allow Player to access and use various Animations. The Player may use the Game alone or in multiplayer. In this regard, it shall be made clear that the multiplayer mode may not interaction with people he does not know, but only with people from his network, whom he can invite. network, whom he may invite.
It shall be made clear that Players may not communicate with each other in the course of using the Game. There There are no forums, blogs or written interactions within the Application.
For multiplayer mode, each Player will need to have their own phone and Personal Account.
Only the Player who owns the Animation will be able to create the Game. The latter will invite other Players who will receive a code and will have to insert it in the Application to join the game before it starts.
Once the game has been completed, Players who have not purchased the Animation will not be able to access it.
The Lead Player remains responsible for the use of the Game by his or her co-Multiplayers.
Player may choose to delete his or her Personal Account at any time.
To do so, Player should send an email to PERIPLE STUDIO, indicating that he/she wishes to delete his/her account at the following address: support@talesup.io.
Player expressly acknowledges that deletion of the Personal Account will result in the following:
PERIPLE STUDIO reserves the exclusive right to delete the account of the User who has violated the these CGUV (in particular when the User will have knowingly provided erroneous information at the time of his registration and the creation of his Personal Account or who would have committed reprehensible acts on the the Application or acts of infringement). The deletion will not be likely to constitute a damage for the excluded User who will not be able to claim any compensation for this fact. This exclusion is not exclusive of the possibility, for PERIPLE STUDIO, to undertake legal proceedings against the User, when the the User, when the facts will have justified it.
PERIPLE STUDIO also reserves the exclusive right to delete the User's account that has been inactive for a discontinuous period of three years. Inactive account means the absence of any connection on the part of User on the Personal Account.
The deletion of the User's account which would have contravened the present CGUV or which has had an inactive account for more than three years entails all the consequences mentioned above.
The User shall refrain from engaging in acts, of any kind whatsoever, that would be contrary to legislative and regulatory provisions and/or would infringe public order or the rights of a third party.
In particular, without this list being exhaustive, the User is prohibited from:
Details of the qualities and characteristics of each Animation are presented on the Application. Each Animation is available immediately after it is ordered by the Player, when it is only accessible in exchange a certain number of Tickets. Animations cannot be transferred to another application in any way.
The Application is downloadable from the Store, requires available storage capacity and is free of charge. Nevertheless, given the integrated payment system, bank data may be requested by the Stores.
Free Animations and paid Animations are present on the Application.
The purchase of Tickets via the integrated payment system of the Stores allows the User to access Animations on the Application.
Each paid Animation requires a number of Tickets (whether purchased or earned). The number of Tickets required for each Animation is clearly indicated in the Application, within the the dedicated space.
The dedicated space precisely describes each Animation available on the Application.
The "transformation" of Tickets into Animations triggers their immediate availability.
The Animations will be downloadable directly on the Application.
A Player may, as he/she progresses through the Game, earn Tickets that will give him/her access to new Animations The Player will know about the Tickets earned after completing certain missions.
Successfully completing an Animation does not in any way ipso facto result in earning Tickets. Only Animations indicating "ticket earning" will allow this. He/she may also use said Tickets in addition to a payment by credit card, in order to benefit from other, more expensive Events. The Tickets won in the context of Tickets won in the course of the Game and not paid for are not refundable. They are in no way transferable for cash or to another Player.
Access to certain Animations may be subject to a fee, with some Animations being conditioned by the purchase of Tickets.
The price of the Ticket is indicated in Euros, All Tax Included (VAT included). This price can be modified at any time by time by PERIPLE STUDIO but the price indicated on the Application at the time of purchase will be applied. The User will buy his Tickets on the Application, through the Store. The payment will be made through by means of secure transactions provided by the Store, by credit card, PERIPLE STUDIO will not collect or receive any and will not be recipient of any banking data of its Users.
The User guarantees that he is fully entitled to use the means of payment he is using and that he provides access to sufficient funds to cover the purchase of Tickets. The User undertakes to provide accurate and accurate and truthful information as part of the Store's payment procedure.
Payment terms are subject to the Store's terms and conditions.
The User will select the number of Tickets he wishes to purchase. A summary of his order will appear thereafter. The User will be able to check and then validate his order in this frame. The User is The User is obliged to check whether his order corresponds to his expectations in terms of price and quantity of the Tickets selected.
After the validation of his order, the User will have to pay the latter. He will be able to choose his method of and validate it. The User will directly manage his order as well as the payment of the latter directly the latter directly with the Store.
The User has the right to withdraw from this contract without giving any reason within fourteen days. The withdrawal period expires fourteen days after the day of the conclusion of the purchase contract. ;
To exercise the right of withdrawal, the User must notify to: PERIPLE STUDIO, 7, rue Viollet Le Duc à Clermont- Ferrand (63000), (email: contact@talesup.io) his decision to withdraw from this contract by by means of a declaration without ambiguity (for example, letter sent by post, fax or electronic mail). electronic mail).
In order for the withdrawal period to be respected, it is sufficient for the User to transmit his communication relating to the exercise of the right of withdrawal before the expiration of the withdrawal period to PERIPLE STUDIO.
Effects of withdrawal
In the event of withdrawal from this contract by the User, PERIPLE STUDIO will refund all payments received from him without undue delay and, in any event, no later than fourteen days from the day on which PERIPLE STUDIO day when PERIPLE STUDIO is informed of its decision to withdraw from this contract. PERIPLE STUDIO will proceed refund using the same means of payment that the User used for the initial transaction, except if the transaction, unless the User expressly agrees to a different means; in any case, this refund will not incur any costs for the User.
In this manner:
The creation of a Personal Account is made for an indefinite period of time. In the event of a breach by the Player of the obligations of the present CGUV, not remedied within 15 calendar days from the receipt of an e-mail notifying the breach in question or immediately in case of serious breach, PERIPLE STUDIO may delete an account by operation of law, subject to any damages to which it may be entitled hereunder. be entitled to under the terms hereof.
Deletion of the Personal Account will result in the consequences listed in Article 3.4 hereof.
The equipment (computers, smartphones, tablets, software, telecommunications means, etc.) allowing access to the Application are the sole responsibility of the Users, as well as the telecommunication costs incurred by their use. Users are informed that use of the Game is optimal with a broadband broadband internet connection and with other Prerequisites that may be indicated by PERIPLE STUDIO.
Users acknowledge and agree that no one can guarantee the proper functioning of the internet in as a whole. In case of impossibility of access to the Application, due to technical problems or of any technical problems, the Users will not be able to claim any damage and will not be able to claim any indemnity. The User is informed that access to the Application may be temporarily interrupted for maintenance and/or security maintenance and/or security without PERIPLE STUDIO being held responsible for these interruptions.
Furthermore, it is necessary to have sufficient storage space to download the Application.
The hypertext links present on the Application may refer to other websites, the responsibility of PERIPLE STUDIO cannot be committed if the contents of these sites contravene the legislations in force. From Similarly, PERIPLE STUDIO shall not be held liable if the User's visit to one of these sites causes him/her harm. sites, would cause him a prejudice. It is moreover recalled that the consultation and/or the use of these external sites and sources accessible by these hypertext links are governed by their own conditions of of use. Users undertake not to commit any action or inaction likely to disrupt and/or undermine the Game.
The Animations benefit from the legal guarantees of conformity pursuant to Articles L 224-25-12 et following of the Consumer Code, the latter constituting a "digital content" and a "digital service" within the meaning of the provisions of the Consumer Code. digital" within the meaning of the provisions of the Consumer Code.
The Animations will be provided to the Player on a continuous basis, PERIPLE STUDIO will therefore be liable for any defects in conformity that appear during the period in which it is provided under the contract. This warranty period applies without prejudice to articles 2224 and following of the civil code.
In the event of a lack of conformity, the Player shall be entitled to have the digital content or service brought into conformity digital content or service or, failing that, to the reduction of the price or the termination of the contract.
Compliance shall occur at no cost to the Player, without undue delay following the Player's request and without significant inconvenience to him, taking into account the nature of the digital content or digital service concerned and the use sought by the Player.
The Player is entitled to a reduction in price or termination of the contract in the following cases:
The Player is also entitled to a reduction in price or to rescission of the contract where the lack of conformity is so serious that it justifies that the reduction of the price or the resolution of the contract be immediate. The Player is not required to request compliance of the digital content or service in advance. content or service. In addition to the above-mentioned guarantees, the Player has the possibility to exercise an action resulting from the guarantee of the hidden defects such as it results from articles 1641 to 1649 of the civil code or any other action of a contractual or extra-contractual nature that is recognized by law.
In case of non-conformity of a purchased Animation, it may be refunded by PERIPLE STUDIO. All claims or requests for refunds should be made to the following email address: support@talesup.io
The Animations and the Application will be subject to regular updates, aimed at maintaining, adapting or evolve the functionality of the latter, including security updates.
PERIPLE STUDIO will inform Player of the availability of updates and the consequences of their non-installation. If Player fails to install, within a reasonable time, updates provided by PERIPLE STUDIO, PERIPLE STUDIO shall not be liable for any defects in compliance resulting from the non-installation of relevant updates.
Neither party shall be liable if the performance hereof is delayed or prevented due to force majeure or an act of God, as recognized by law. The Parties acknowledge that Force Majeure may be considered as an event, including if one of the legal legal criteria is lacking, and in particular, without the list being exhaustive, strikes and/or social movements with occupation of the premises, including postal services and means of transport and/or communications, flooding, water damage of any kind, fire, earthquake, explosion, bad weather, natural disasters, war, national or international for political or social reasons, including acts of sabotage including acts of sabotage or terrorism, militancy, insurrection, civil war, riot, attacks, accidents, governmental, regulatory or legislative decisions or any other restrictions, including restrictions, including decisions relating to the Covid 19 health crisis (the extent and duration of which the parties do not know the content and duration of such measures), in the event of emergency legislation or decision, in the event of disease epidemic and pandemic, interruption and/or degradation of communication channels (physical or digital) energy shortage or any other cause beyond the control of one of the parties in the event of measures of confinement of the population, requisition, social distanciation, cut of the means of telecommunication telecommunications and/or manufacturing.
The Application, the Game, the visuals, the stories, the Animations, the Game world and the music are the property of PERIPLE STUDIO or are lawfully exploited by it. They are protected by international copyright laws and international copyright laws and treaties, as well as other international intellectual property laws and treaties. intellectual property laws and treaties. All rights to the overall concept of PERIPLE STUDIO, to their original and innovative character, in particular the intellectual property rights on the texts, literary and artistic creations, graphic and audiovisual, databases, computer developments, HTLM and developments, HTLM developments and other intellectual works and all creations likely to be protected by protected by intellectual property law, such as images, logos, slogans, formatting, the graphic charter, the structure, the ergonomics, the color codes, the typographies, the universe, the Animations, the fonts, the basic graphic elements, the layout, the page backgrounds and more generally the the visual identity of the Application and of PERIPLE STUDIO, the sound elements or the brands and other other distinctive signs belong to PERIPLE STUDIO or are regularly exploited by the latter, without any limitation.
The imitation or reproduction, extraction by permanent or temporary transfer of the whole or a qualitatively or quantitatively substantial part of the contents of the databases of PERIPLE STUDIO, the use, in whole or in part, of the intellectual property rights of PERIPLE STUDIO, and whatever the form, and in particular as form, and in particular as a domain name, meta-tags and keywords, of distribution, of presentation without the prior authorization of PERIPLE STUDIO may give rise to legal proceedings, particularly in the particularly on the ground of counterfeiting.
Any infringement of the rights of PERIPLE STUDIO by the User may lead to the deletion of the Personal Account without notice or compensation and without this deletion constituting a damage for this User.
As an exception to the foregoing, User shall be granted a non-exclusive license to use Application, in order to play.
The User is informed that PERIPLE STUDIO may use third party content (open source modules or edited by third parties). These elements will be conceded to Users under the conditions of their respective license.
The Platform will be used under the sole control and responsibility of the User for his personal needs only and exclusively in the context of the Game.
The User benefits from this user license requires access by the User to a network telecommunications network (3g minimum, 4g, 5g, WIFI). This service is not included in the services provided by PERIPLE STUDIO and will have to be provided by a telecommunications operator under the responsibility, according to the and at the expense of the User. The latest version of the Application is required in order to ensure the proper functioning of all features. It is the User's responsibility to make all required modifications and updates required.
The User agrees to abide by the instructions and recommendations of PERIPLE STUDIO and to use the Application in accordance with the stipulations herein as well as with the prescriptions and instructions for safe of use and proper operation. Any use not provided for herein is prohibited and, in particular particular, but without limitation, User agrees not to (nor allow any third party to)
PERIPLE STUDIO expressly reserves the right to correct or have corrected and to repair or have repair, any defect that may contain the Application to the extent necessary to ensure use of the Application.
It is prohibited by law to make unauthorized copies of the Application, including for backup backup, given the remote access mode.
In accordance with the provisions of Article L.122-6-1 IV of the Intellectual Property Code, the User is not authorized to perform acts of decompilation in order to make the Application interoperable with hardware or other software before having informed PERIPLE STUDIO directly, in advance, in writing by registered letter with acknowledgement of receipt and as long as the information necessary for interoperability is available information necessary for interoperability is available or as long as PERIPLE STUDIO makes reasonable efforts to provide it. provide it.
In order to allow all Users an optimal navigation on the Application as well as a better functioning of the Game, PERIPLE STUDIO may proceed to the implantation of cookies. The list of cookies and the policy can be accessed in the "Cookies" tab, accessible at the following address https://prod2.talesup.io/legal/fr
PERIPLE STUDIO agrees to comply with the following provisions:
PERIPLE STUDIO acts as the controller on the User's Personal Data. The conditions under which the User's Personal Data is processed are set out in PERIPLE STUDIO's personal data policy of PERIPLE STUDIO, accessible on the Application, at the following address: https://prod2.talesup.io/politique/fr
The User's Personal Data is collected in order to execute this contract.
In accordance with the provisions relating to personal data, the User has several rights regarding his data:
No automated decisions are made from the User's information (profiling type). It will be reminded that when data is collected for the execution of a contract and/or pre-contractual measures, the latter are measures, the latter are mandatory. Any lack of information would lead to the exclusion of the right for which the data is collected.
In accordance with Article L 223-2 of the Consumer Code, "When a professional is required to collect from a consumer of telephone data, he shall inform him of his right to register on the list d'opposition au démarchage téléphonique".
PERIPLE STUDIO informs the consumer User of the existence of the list of opposition to telephone canvassing telephone " Bloctel ", on which you can register here: https://conso.bloctel.fr/ ".
If any of the clauses of the present CGUV were to be found null or inapplicable by virtue of a law or regulation or following an enforceable decision of a competent court or authority, the parties expressly agree that the expressly agree that the present CGUV will not be affected by the nullity of the aforementioned clause. The PERIPLE STUDIO not to require at any time the strict execution by the user of any provision or of any provision or condition of these GCUV shall not be deemed to constitute a definitive waiver of such provision or to this provision or condition. Consequently, PERIPLE STUDIO will be able at any time to require the strict strict and full performance by the User of the provisions and conditions of these CGUV.
The present CGUV are subject to French law to the exclusion of any other international convention applicable.