is a very useful command that allows you to punish some players for minor offenses by yourself. It shouldn't be used indiscriminately or for fun; it's not here to resolve conflicts or to punish each newbie shaman. Forming a group or tribe to purposely invade a room and ban any random player for no reason will lead to a ban. Abusing the voteban command in this manner is not advised. Using the /ban command for "lotteries" will always result in a ban against the people abusing the voteban command. (h) Others - Glitch abuse (cf 11.1.L) - Crashing a room (as shaman) - Inappropriate tribe name - Leaking/Sharing private information relevant to the game Nota bene : Vulgar / Innapropriate : Please refer to 11.1 Crash map/totam/chamane : Can cause other players to lag or even crash a room (Cf 11.1) Phishing : Any method of obtaining in-game items, cheese or fraises outside of the game is illegal. These illegal sources often require players to provide their username, password and e-mails, and create a huge security risk. These websites are often an imitation of the real website and are controlled by a malicious person. If the user enters any personal information, they will be transmitted directly to the scammer. Upon discovery of any player promoting or using these illegal websites, we will take serious action. Atelier 801 and Transformice are in no way affiliated with these website and don’t support them. Please report any players advertising or using a phishing website. 11.3 Penalties Atelier 801 SARL may take any actions and impose any penalties we deem necessary to discourage and punish any violation of these terms or any other illegal or inappropriate conduct, all without prior notice or warning. The determination as to whether a violation has occurred and who is responsible for such act is solely within Atelier 801 SARL's discretion, and is based on what we deem best for the community and the Website. By using the Website, you agree you will be bound by Atelier 801 SARL's determination as to whether a violation has occurred and any penalty we choose to implement. Violation of the rules displayed in 11.1 and 11.2 will be punished by either a mute(1), un ban(2), or even a permanent ban depending of the gravity and recurrence of these conducts. (1) mute : prevents you to speak on the in game chat box (2) ban : prevents you to access to the game 12. Hyperlinks You are granted a limited, non-exclusive right to create a text hyperlink to the Website for noncommercial purposes, provided such link does not portray Atelier 801 SARL or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a Atelier 801 SARL logo or other proprietary graphic of Atelier 801 SARL to link to this Website without the express written permission of Atelier 801 SARL. Further, you may not use, frame or utilize framing techniques to enclose any Atelier 801 SARL trademark, logo or other proprietary information, including the images found at the Website, the content of any text or the layout/design of any page or form contained on a page on the Website without Atelier 801 SARL's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Atelier 801 SARL or any third party. Atelier 801 SARL makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the Website, or Web sites linking to the Website. Such sites are not under the control of Atelier 801 SARL and Atelier 801 SARL is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Atelier 801 SARL provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Atelier 801 SARL of any site or any information contained therein. When you leave the Website, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Website. 13. Third Party Content Atelier 801 SARL may provide or make available third party content on the Website or through the Service and may provide links to Web pages and content of third parties (collectively the "Third Party Content") as a service to those interested in this information. Atelier 801 SARL does not monitor or have any control over any Third Party Content or third party Web sites. Atelier 801 SARL does not endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. Atelier 801 SARL does not represent or warrant the accuracy of any information contained therein and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content contained therein at their own risk. 14. Advertisements and promotions; Third-party products and Services Atelier 801 SARL may run advertisements and promotions from third parties on the Website or may otherwise provide information about or links to third-party products or services on the Website. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions are solely between you and such third party. Atelier 801 SARL is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non- Atelier 801 SARL advertisers or third party information on the Website. 15. Official Service and Beta Testing The Game is designed for play only as offered through our Services at the Website. You agree not to access, create or provide any other means through which the game may be played by others, such as through server emulators. You agree not to use any hardware or software, including but not limited to third party tools, or any other method of support which may in any way influence or give you an advantage in the use of the Services which is not authorized by Atelier 801 SARL, including but not limited to the use of ‘bots’ and/or any other method by which the Service may be played automatically without human input. You acknowledge that you do not have the right to create, publish, distribute, create derivative works from or use any software programs, utilities, applications, emulators or tools derived from or created for the Game, except that you may use the Software to the extent expressly permitted by these Terms and the applicable EULA. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure. You do not have ownership of and may not sell, transfer, trade or auction any Accounts, Cheese, Fraise or Proprietary Materials, nor may you assist others in doing so, except as expressly authorized by Atelier 801 SARL. Atelier 801 SARL does not recognize any transfers occurring outside of the Service of anything related to the Service. You may be given the opportunity to Beta test new Website features. Your participation as a Beta tester is subject to the terms and conditions below. You acknowledge that the you are using a preliminary, preview edition of the Websites features and that you are participating in a beta test thereof (the "Beta Test"), and that Website features may contain bugs, may not operate properly or perform all intended functions, may interfere with the functioning of other software applications, and may cause errors, data loss or other problems. Closed Beta Tests are confidential, and you agree to that all information about the Services and the Beta Test, including without limitation any comments, ideas or other feedback (collectively the "Feedback") you provide to Atelier 801 SARL regarding the Services or the Beta Test, shall be treated as confidential (the "Confidential Information"). You agree not to use the Confidential Information in any manner, except for your personal use for the sole purpose of testing Website features, and you agree to prevent and protect the Confidential Information, or any part thereof, from disclosure to any person. You further agree to take all steps reasonably necessary to protect the secrecy of the Confidential Information and to prevent the Confidential Information from falling into the public domain or into the possession of unauthorized persons. All Confidential Information shall remain the sole property of Atelier 801 SARL, and Atelier 801 SARL may use such Confidential Information for any purpose without any obligation to you. You will carry out the testing personally and not provide access to the Beta Test to any other person. You agree that breach of the above confidentiality obligations will cause irreparable harm to Atelier 801 SARL, and Atelier 801 SARL is entitled to (in addition to any other remedies available to it) ex parte injunctive relief without bond to prevent the breach or threatened breach of your obligations. Your obligation to keep the Beta Test confidential will continue until Atelier 801 SARL publicly distributes, or has otherwise disclosed to the public through no fault of yours, each of the content that you are testing. As a Beta tester, you are invited to participate in Beta Test for the sole purpose of evaluating new features and identifying errors. Nothing in these Terms, or on this Website, shall be construed as granting you any rights or privileges of any kind with respect to the Game or content that you find here. If you ever encounter a problem in the Game directly linked to your use of the Beta Test, you can contact us at: firstname.lastname@example.org 16. Fees Atelier 801 SARL may charge fees to acquire certain game items. To this end, Atelier 801 SARL may allow the purchase of in game "points" that may be applied to the purchase of in game items ("Fraise") . ANY APPLICABLE FRAISE, FEES AND OTHER CHARGES ARE PAYABLE IN ADVANCE AND ARE NON REFUNDABLE AND NONTRANSFERABLE, IN WHOLE OR IN PART, FOR ANY REASON. FRAISE HAVE NO MONETARY VALUE AND CANNOT BE REDEEMED FOR CASH. Atelier 801 SARL may, from time to time, modify, amend, or supplement its fees, billing methods and terms applicable to Fraise or to any purchases on the Website, and post those changes in these Terms, in separate Terms of Sale or in other terms or agreements posted on the Website or otherwise provided to you by Atelier 801 SARL. Such modifications, amendments, supplements or Terms of Sale shall be effective immediately upon posting on the Website and shall be incorporated by reference into these Terms. If any change is unacceptable to you, you may cancel your account at any time. If you claim a chargeback for any reason, we have the right to investigate and dispute such chargeback. If we believe that your chargeback requirement is spurious, unreasonable, or invalid, we may take the dispute to court. If your chargeback is deemed invalid, you agree to pay for all fees and costs resulting from the disputed chargeback, including but is not limited to legal fees and expenses, damages, monies lost due to non-operation, and chargeback fees. You may pay for Fraise by PayPal or Zong. For the time being, these are the only methods authorized by Atelier 801 SARL. 17. Interruption of Service (a) Atelier 801 SARL reserves the right to interrupt the Service from time to time on a regularly scheduled basis or otherwise with or without prior notice in order to perform maintenance. You agree that Atelier 801 SARL will not be liable for any interruption of the Service, delay or failure to perform resulting from any causes whatsoever. (b) You acknowledge that the Service may be interrupted for reasons beyond the control of Atelier 801 SARL, and Atelier 801 SARL cannot guarantee that you will be able to access the Services or your Account whenever you may wish to do so. ATELIER 801 SARL shall not be liable for any interruption of the Services, delay or failure to perform resulting from any causes whatsoever. (c) Atelier 801 SARL has the right at any time with or without reason to change and/or eliminate any aspect(s) of the Services as it sees fit in its sole discretion. (d) Atelier 801 SARL is not be obligated to refund all or any portion of any Account fee (if any), by reason of any interruption of the Services by reason of any of the circumstances described in paragraph (a) or (b). 18. Disciplinary Action/Account Termination ATELIER 801 SARL MAY SUSPEND, TERMINATE, MODIFY, BLOCK ACCESS TO OR DELETE THE SERVICE OR ANY ACCOUNT AT ANY TIME WITH OR WITHOUT REASON, WITH OR WITHOUT NOTICE. Atelier 801 SARL may at its option issue warnings and temporary suspensions and permanent terminations of Accounts for user violations. We retain the sole discretion as to when and how to impose warnings, penalties and/or disciplinary actions. We consider the severity of the violation and the number of infractions in making our determination; however, any determination shall be under the absolute discretion of Atelier 801 SARL. Notwithstanding the foregoing, Atelier 801 SARL always retains the right to terminate or suspend your account at any time for any reason, or for no reason, with or without any warnings and with or without notice.. For the avoidance of doubt, you herby acknowledge that Atelier 801 SARL has sole discretion with respect to termination of your Account, even if there are credits remaining on your Account. If you feel you or your Account has been unfairly warned or disciplined please contact us with a full detailed explanation. You have the right to terminate or cancel your Account at any time by delivering notice to Atelier 801 SARL. You understand and agree that the cancellation of your User Id is your sole right and remedy with respect to any dispute, including, but not limited to, any related to, or arising out of: (i) any term of this Agreement or Atelier 801 SARL’s enforcement or application of this Agreement; (ii) the User Contents; (iii) your ability to access and/or use the Service or the Website; or (iv) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods. You may cancel your Account by delivering notice to Atelier 801 SARL by the contact form on the website, or by reaching a moderator. In the event your Account is terminated or canceled for any reason, or for no reason, no refund will be granted, no online time or other credits (e.g., points in an online game) will be credited to you or converted to cash or other form of reimbursement, and you will have no further access to your Account. Any delinquent or unpaid accounts or accounts with unresolved disputes must be settled before Atelier 801 SARL may allow you to register again. 19. Indemnification You agree to defend, indemnify and hold harmless Atelier 801 SARL, its independent contractors, service providers and consultants, and their respective directors, employees, agents, partners, affiliates, and subsidiaries, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Content you post, store or otherwise transmit on or through the Website, your conduct, your violations of these Terms, any misuse of the Service, or your violation of the rights of any third party. 20. Acknowledgements You hereby acknowledge and agree that: (a) WHEN USING THE SERVICES, THE SOFTWARE MAY MONITOR YOUR COMPUTER'S RANDOM ACCESS MEMORY (RAM) AND/OR CPU PROCESSES FOR UNAUTHORIZED THIRD PARTY PROGRAMS RUNNING CONCURRENTLY WITH THE SOFTWARE. AN "UNAUTHORIZED THIRD PARTY PROGRAM" AS USED HEREIN SHALL BE DEFINED AS ANY THIRD PARTY SOFTWARE, INCLUDING WITHOUT LIMITATION ANY "ADD-ON" OR "MOD," THAT IN ATELIER 801 SARL’S SOLE DETERMINATION: (i) ENABLES OR FACILITATES CHEATING OF ANY TYPE; (ii) ALLOWS USERS TO MODIFY OR HACK THE SOFTWARE INTERFACE, ENVIRONMENT, AND/OR EXPERIENCE IN ANY WAY NOT EXPRESSLY AUTHORIZED BY ATELIER 801 SARL; OR (iii) INTERCEPTS, "MINES," OR OTHERWISE COLLECTS INFORMATION FROM OR THROUGH THE SOFTWARE. IN THE EVENT THAT THE SOFTWARE DETECTS AN UNAUTHORIZED THIRD PARTY PROGRAM, IT MAY COMMUNICATE INFORMATION BACK TO ATELIER 801 SARL, INCLUDING WITHOUT LIMITATION YOUR ACCOUNT NAME, DETAILS ABOUT THE UNAUTHORIZED THIRD PARTY PROGRAM DETECTED, AND THE TIME AND DATE THE UNAUTHORIZED THIRD PARTY PROGRAM WAS DETECTED; AND/OR AND ATELIER 801 SARL MAY EXERCISE ANY OR ALL OF ITS RIGHTS UNDER THIS SECTION OF THE AGREEMENT, WITH OR WITHOUT PRIOR NOTICE TO THE USER. (b) ATELIER 801 SARL MAY MONITOR OR RECORD YOUR CHAT SESSIONS AND OTHER ELECTRONIC COMMUNICATION TRANSMITTED OR RECEIVED THROUGH THE GAME OR THE SERVICE AND YOU CONSENT TO SUCH MONITORING OR RECORDING. (c) You may not hold ATELIER 801 SARL responsible for any loss resulting from your use of the Service or any in- game trading activities. You may not hold ATELIER 801 SARL responsible for any information that is passed between players. ATELIER 801 SARL does not guarantee the safe keeping of information that is passed between players and will not be held responsible for any resulting losses or consequences arising from the improper use of said information. You may not hold ATELIER 801 SARL responsible for any in-game feature or item loss. ATELIER 801 SARL does not guarantee the availability of any in-game items, any Services or any levels to players. 21. Disclaimer of Warranties YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) THE SERVICE, THE GAME, THE WEBSITE AND ALL MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ATELIER 801 SARL AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SERVICE, THE GAME AND THE WEBSITE, INCLUDING ALL INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN. ATELIER 801 SARL DOES NOT REPRESENT OR WARRANT THAT THE SERVICE, THE GAME, THE WEBSITE OR THE MATERIALS CONTAINED THEREIN ARE ACCURATE, COMPLETE, RELIABLE, AVAILABLE, CURRENT OR ERROR-FREE. ATELIER 801 SARL ALSO DOES NOT REPRESENT OR WARRANT THAT THE GAME, THE WEBSITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. (b) ATELIER 801 SARL AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. (c) WHILE ATELIER 801 SARL ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SERVICE SAFE, ATELIER 801 SARL CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (d) A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE WEBSITE OR THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS. (e) REFERENCE TO ANY PRODUCTS, SERVICES, PROCESSES OR OTHER INFORMATION, BY TRADE NAME, TRADEMARK, MANUFACTURER, SUPPLIER OR OTHERWISE DOES NOT CONSTITUTE OR IMPLY ENDORSEMENT, SPONSORSHIP OR RECOMMENDATION THEREOF, OR ANY AFFILIATION THEREWITH, BY ATELIER 801 SARL 22. Limitation of Liability IN NO EVENT SHALL ATELIER 801 SARL, ITS DIRECTORS, MEMBERS, AFFILIATES, SUBSIDIARIES, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE WEBSITE, THE SERVICE, THE GAME OR ANY OF THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE WEBSITE OR THE SERVICE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CASED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM ATELIER 801 SARL, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO ATELIER 801 SARL'S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ATELIER 801 SARL, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICE, THE WEBSITE OR ANY OF THE GAME EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO ATELIER 801 SARL FOR ACCESS TO OR USE THEREOF. Some states do not allow the foregoing limitations of liability, so they may not apply to you and in such a case you agree that ATELIER 801 SARL’s (or any such other released parties) liability to you shall be limited to the maximum extent permitted by law. You agree that Atelier 801 SARL cannot be held responsible or liable for anything that occurs or results from accessing or subscribing to the Services. 23. Repeat infringer Policy Atelier 801 SARL has adopted a policy of terminating, in appropriate circumstances and at Atelier 801 SARL's sole discretion, subscribers or account holders who are deemed to be repeat infringers. Atelier 801 SARL may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. 24. Copyright Complaints If you believe that anything on the Site infringes upon any copyright which you own or control, you may file a notification of such infringement with the contact form on the website or with: email@example.com We may give notice of a claim of copyright infringement to our users by means of a general notice on the Site, electronic mail to a user's email address in our records, or by written communication sent by first-class mail to a user's address in our records. 25. General This Agreement is governed by and shall be construed and enforced under the French laws, without applying any conflicts of law principles which would require application of the law of any other jurisdiction. Atelier 801 SARL and you each hereby irrevocably consent to the jurisdiction of the courts of Lille for all purposes in connection with any action or proceeding which arises out of or relates to this Agreement and agree that any action or proceeding instituted under this Agreement shall be brought only in the courts of Lille. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Except as otherwise permitted herein, you may not assign or transfer this Agreement or your rights hereunder, and any attempt to the contrary is void. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. The section headings used herein are for reference only and shall not be read to have any legal effect. 26. Closing Thank you again for visiting our Website. We hope you enjoy your stay and take full advantage of the online community we are developing. Please remember that you are a guest at the Website and act with the same courtesy and respect you expect from other guests. Atelier 801 SARL always reserves the right to refuse or terminate service.