Atelier 801 SARL
Terms and Conditions of Use
Terms and Conditions of Use 3
1. Legal Agreement 3
2. Changes to terms 3
3. Description 4
4. Proprietary Rights 4
5. Account 4
5.1 Registration procedure 4
5.2 Community Platform 5
5.3 Forum 5
5.4 Purchasing procedure 6
6. Privacy 7
7. Games Updates 7
8. Monitoring 7
9. License 8
10. User Content 8
11. User Conduct 10
11.1 Banned conducts - Global rules 10
11.2 Specific rules 10
11.2.1 All games 10
11.2 Transformice 11
11.3 Penalties 11
12. Hyperlinks 12
13. Third Party Content 12
14. Advertisements and promotions; Third-party products and Services 13
15. Official Service and Beta Testing 13
16. Modules (Transformice) 14
17. Fees 15
18. Interruption of Service 15
19. Disciplinary Action/Account Termination 15
20. Indemnification 16
21. Acknowledgements 16
22. Disclaimer of Warranties 17
23. Limitation of Liability 18
24. Repeat infringer Policy 18
25. Copyright Complaints 18
26. General 18
27. Closing 19
Please read these Terms and Conditions of Use carefully. By accessing or using this website or downloading the games, you agree to be bound by the terms and conditions described herein and all terms incorporated by reference. If you do not agree to all of these terms, do not use this website or the games.
Atelier 801 SARL would like to thank you for visiting our website. This document contains the terms and conditions (“Terms”) for governing your access to, and use of, the Website and the Games developed by Atelier 801 SARL and all officially associated websites and micro-sites (collectively, the "Website"), any games operated by Atelier 801 SARL through the Website (the “Games”), and all features, functions software and services offered through this Website. The Website, the Games and the features, functions, software and services offered through this Website collectively constitute the "Service."
These Terms constitute a legal agreement between you and Atelier 801 SARL. Using this Website or otherwise accessing or downloading any of our Games shall constitute your agreement to accept and be bound by the terms and conditions appearing in these Terms, and your agreement to comply with any Rules of Conduct posted on the Website or otherwise provided to you by Atelier 801 SARL (the "Rules of Conduct") and any end-user license agreement ("EULA") applicable to our Games software or other software that we may provide in connection with the Service (the "Software"), as they may be amended from time to time. If you do not agree with any of these Terms, please do not access or otherwise use the Atelier 801 SARL Website and our Games. In this Agreement, the terms "We/us/our" mean Atelier 801 SARL "You/your" means you as a user of the Website or of our Games. The “Games” means the multiplayer online Games developed by Atelier 801 SARL.
You hereby confirm that you have the legal capacity to enter into this Agreement and you are not barred from receiving services offered by the Website under the French laws or other applicable jurisdiction. You understand that the services being offered may include certain communications from Atelier 801 SARL, such as service announcements, administrative messages or other information, and that these communications constitute part of the Service being offered by the Website and you may not have the right to opt out of receiving them.
Your use of the Website and the Service is subject at all times to these Terms, the Rules of Conduct, and any applicable EULA. All nickname entities created on the Website are governed by these Terms. This includes, but is not limited to, proper in-game and out-of-game conduct relating to the Games. This Agreement is in addition to, and does not in any way replace or supplant, any EULA or any additional terms and conditions that may apply when you use or purchase certain other Atelier 801 SARL products, services, affiliate services, third-party content or third-party software.
Atelier 801 SARL may amend these Terms, the Rules of Conduct, and any EULA at any time at our sole discretion. Amendments and modifications will be effective immediately after publishing them on the Website or otherwise providing you a copy thereof, and you waive any right you may have to receive specific notice of such changes or modifications. You agree to and are responsible for checking this Agreement, the Rules of Conduct and any EULA periodically so you will be familiar with their contents as they may be amended or modified from time to time. By continuing to use any portion of the Service, you are signifying your acceptance of any revised or updated terms. If you do not agree to the amended terms, you must stop using the Service.
Atelier 801 SARL provides free-to-play, multi-player online Games and related features, functions and services available through the Website, such as community forums and other interactive areas. The Games are available online for free. Such access entails the use of hardware, software and Internet access, which you acknowledge play a crucial role in your user experience.
If you wish, you can download and install client software, “the Standalone”. Such access entails the use of hardware, software and Internet access. The sole official Standalone is available for download via the official game website and Steam. You agree that Atelier 801 SARL is not responsible for any problem encountered with the download and/or installation of any other standalone, referred to as the non-official standalones.
You agree that Atelier 801 SARL is not responsible for any hardware, software or Internet access, quality, suitability or unavailability issues. Atelier 801 SARL does not provide Internet access, and you are responsible for all fees relating to telephone and Internet access charges along with all necessary equipment, servicing, repair or correction incurred in maintaining connectivity to the servers.
Atelier 801 SARL is the owner of the Website, the Games, the Software and the Service, which are protected by French and international law including copyright laws. All rights and title in and to the Website, the Games, the Software and the Service, all features and content thereof (including but not limited to any user accounts, titles, computer code, files, Games software, client and server software, tools, patches, updates, themes, objects, characters, character names, stories, storylines, objects, content, text, dialogue, catch phrases, themes, locations, concepts, artwork, designs, graphics, pictures, video, animation, sounds, music, musical, compositions, sound recordings, audio-visual effects, information, data, documentation, , "applets", chat transcripts, character profile information, Games play, and recordings ) and the selection and arrangement thereof (collectively the "Proprietary Materials") are the proprietary property of Atelier 801 SARL or its licensors and are protected by French and international copyright and other proprietary rights laws.
In the event that you make any modifications, adaptations or derivative works of any kind to the Proprietary Materials (the "Modifications"), whether authorized or unauthorized, you understand and agree that you shall retain no rights of any kind in and to such Modifications, and that all rights therein shall belong solely to Atelier 801 SARL. You hereby assign and transfer to Atelier 801 SARL, without any compensation, any and all rights you may have in and to such Modifications.
You may be required to create an account (an "Account") to access our Games and certain features and functions or our Service. You are entitled to create as many accounts as you wish subject to compliance to these Terms and Conditions of Use.
If you are under the age of 13, you must have your parents’ or guardians’ agreement to create an account and we require that you review these Terms with your parents or guardians to ensure they read and agree to them. If you are the parent of guardian of a user of our website and you have questions about this website or these terms, please contact us at email@example.com.
By creating an Account or otherwise using the Service, you confirm that you are at least 13 years of age, and agree to these Terms, or that you are under 13 years of age and your parents or legal guardians have read and agreed to these Terms, and you understand and agree that we are relying upon that representation in allowing you to use the Service.
Notwithstanding the above, certain portions of our website and some of our Games may contain mature contents not suitable for anyone younger than 18 years of age. We will require that you confirm that you are 18 years of age or older to access such content. If you enter any portion of the Website which is intended for or is marked for mature audiences only, you are certifying that you are at least 18 years old or the applicable age of majority in the jurisdiction in which you reside and have the legal right to access such content. We shall not be responsible in any way for your failure to accurately confirm your age per the terms hereunder.
You, as creator of your Account and Nickname, are solely responsible for your Nickname. Atelier 801 SARL will not tolerate offensive or obscene Nicknames. If a Nickname violates any part of these terms, we may immediately, temporarily, or permanently ban such a Nickname, with or without notice.
Atelier 801 SARL is not responsible for any misuse of your Account or your Nickname, you agree to accept all risks of unauthorized access to your Account and to hold Atelier 801 SARL and its affiliates harmless from and against any improper use of your Account or your Nickname, including, but not limited to, improper use by someone to whom you revealed your password.
Please note that, you are responsible for maintaining the confidentiality and security of your Nickname and password, and you agree to notify us if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are solely responsible for all activities and transactions that occur under your Account, and Atelier 801 SARL is not responsible for any unauthorized use of your account, including without limitation in the event that your password is stolen or revealed to a third party. You agree to immediately notify us of any unauthorized use of your Account or any other breach of security in relation to the Website, the Service or our Games known to you.
Atelier 801 SARL provides you with choice to change your password in order to safeguard your Account subject to a valid email previously linked to the account. This option is available in the menu under “Change my password”. You can ask to change your email via the contact form at https://atelier801.com/contact.
By creating an account on one of the Games, you automatically access the services provided within the Community Platform. These services are free and without obligation of purchase.
The Community Platform enables you to play any of the Games with the same account. On this account your statistics, friend list and tribe are saved. You can use this account to chat with your friends and tribe members while playing another game of the community platform. You can also access the Forums via the Games.
By creating an account on of the Games, you can then access the Forums. The Forums are available via the Games and at http://atelier801.com/forums. Access and participation in the Forums are free and without obligation of purchase.
You agree that Atelier 801 SARL cannot guarantee access to the Forums as the society is not responsible for any hardware, software or Internet access, quality, suitability or unavailability issues.
If you do not respect these Terms and Conditions of Use and the Rules of Conduct, your account will be banned from the Forums.
Atelier 801 enables you to purchase items to customize your character. You can purchase these items for free by using the in-game money - “Cheese” in Transformice, “Hazelnut” in Bouboum, "Potatoes" in Fortoresse.
Some items can also be purchased by buying credits - “Fraise”. For the time being, this option is only available in the game Transformice.
Please note that character customization is only available to registered users. Only registered users that have linked an email address to their account can purchase Fraises.
If you are under the age of 18, you must have your parents’ or guardians’ agreement to purchase Fraise. In any case, even if you are over the age of 18, you must be the owner of the means of payment used to purchase Fraise (credit card, bank account, phone, money etc.). You understand and agree that we are relying upon that representation in allowing you to use the Service.
Means of payment depends of countries and services used. Atelier 801 SARL is not liable for the lack of a mean of payment for a specific country.
To purchase Fraise, please follow this procedure:
Only when you have validated your order in game, your bank account will be debited. Fraises will be immediately credited on your in-game account.
Paypal is an international payment platform.
Paypal is used to pay by card or bank transfer. Registration is not required to pay by card. Registering enables to pay with other ways (bank transfer) and to save your choices for ulterior purchase.
Paypal guarantees the security of payments and confidentiality of the personal data.
Atelier 801 SARL is not liable for any problem occurring with Paypal. For customer Support, contact PayPal.
Fraises will be immediately credited on your in-game account.
Steam is an international platform for games, which offers multiple payment methods.
Steam guarantees the security of payments and confidentiality of the personal data.
Atelier 801 SARL is not liable for any problem occurring with Steam. For customer Support, contact Steam.
Updates or “patches” are made directly on servers and do not have any consequences on your computer.
You understand and agree that when you communicate with other players within a Game or utilize any interactive features available on the Website, such as instant messaging, forums or chat rooms, these communications are recognized as public. Such communications and postings are transmitted through our servers, and we may, but are not obligated to, monitor all such communications and postings.
You acknowledge that you have no expectation of privacy with respect to any such communications or postings, and you expressly consent to such monitoring.
Subject to these Terms and any applicable EULA, Atelier 801 SARL grants to you, for your non-commercial and personal use only, a limited, non-exclusive, revocable, non-transferable and no sublicensable license to access and use the Service and the Proprietary Materials except as expressly permitted in these Terms or in the applicable EULA, such license does not include, and you agree not to engage in, any:
Any use of the Service or the Proprietary Materials other than as specifically authorized herein, without the prior written permission of Atelier 801 SARL is strictly prohibited and will, at Atelier 801 SARL’s discretion, terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to or rights in intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time with or without cause.
The Service may include discussion forums, chat rooms, user feedback, messaging features, comments and other interactive areas or services (“Interactive Areas”) in which you or other users create, post, send or store any content, messages, materials, data, information, text, music, sound, photos, video, graphics, code or other items or materials on or through the Website (the "User Content"). User Content posted to the Website is publicly available and not confidential and will become the sole property of Atelier 801 SARL.
Atelier 801 SARL strongly recommends that you not publish any personal information about yourself or others on or through the Website. In consideration of your use of the Service, you hereby transfer and assign to Atelier 801 SARL all right, title and interest in and to the User Content you create, post, store or transmit on or through the Website, including all intellectual property rights therein, and Atelier 801 SARL shall be entitled to the unrestricted use, dissemination and other exploitation of such User Content for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You are solely responsible for the User Content you post and for your use of such Interactive Areas. You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:
Atelier 801 SARL takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Atelier 801 SARL liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of Interactive Areas is at your own risk.
As a provider of interactive services, Atelier 801 SARL is not liable for any statements, representations or User Content provided by its users in any public forum, personal home page or other Interactive Area. Although Atelier 801 SARL has no obligation to screen, edit or monitor any of the User Content posted in any Interactive Area, Atelier 801 SARL reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Site at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site at your sole cost and expense. Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Site Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site.
You represent and warrant that:
You must observe these Terms, all Rules of Conduct, all applicable laws and all basic rules of etiquette and common courtesy when using the Website and the Service. Any conduct that violates the law in an offline, real-world community is also a violation of these terms. Atelier 801 SARL will not tolerate any illegal or offensive conduct.
Without limiting the foregoing, in addition to the User Content rules set forth in Section 10 above, you agree not to take any of the following actions:
In addition to global rules in 11.1, some prohibited conducts are specific to the Games.
Information on Phishing and Scams:
Any method of obtaining in-game items or credits (“Fraise”, “Cheese”, “Hazelnut”, “Potato”) outside of the Games 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 The Games are in no way affiliated with these websites and don’t support them. Please report any players advertising or using a phishing website. You can report them directly to the moderation or via the contact form.
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 (prevents you to speak on the in Games chat box), or Ban (prevents you to access to the Games), or even a Permanent Ban depending of the gravity and recurrence of these conducts.
As the account is linked to the Community Platform, any sanction in one of the Games or on the Forums will automatically be applied to all the Games for the referred account.
You are granted a limited, non-exclusive right to create a text hyperlink to the Website for non-commercial 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 an 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 websites accessible by hyperlink from the Website, or websites 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.
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.
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.
The Games 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 Games 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 Games, 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”, “Hazelnut”, 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 Games or content that you find here.
If you ever encounter a problem in the Games directly linked to your use of the Beta Test, you can contact us at: firstname.lastname@example.org.
You can create “Modules” in Transformice. Modules are mini-games programmed in Lua. Only accounts which have never been banned can create or launch Modules.
There are two types of Modules: official modules and non-official modules. Only Atelier 801 SARL can state if a module is official or not.
In any case, it’s prohibited to use Modules for any use outside the ones displayed in the general rules for Modules available on the official forum. Hence, are prohibited Modules:
You are irrevocably assigning and transferring your rights and waiving all moral rights on your creations to Atelier 801 SARL pursuant to section 4. Proprietary Rights. Atelier 801 SARL reserves the right to modify and/or delete any Module at its sole discretion without any previous notice or justification afterwards.
Atelier 801 SARL may charge fees to acquire certain Games items. To this end, Atelier 801 SARL may allow the purchase of in Games "Credits" ("Fraise") that may be applied to the purchase of in Games items. Items purchasable in Fraise are not necessary to play to the Games and can be acquired for free.
Any applicable fraise, fees and other charges are payable in advance and are non-refundable and non-transferable, 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 buy Fraise via PayPal or Steam. For the time being, those are the only methods authorized by Atelier 801 SARL.
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 discretion 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 by the contact form. You understand and agree that the cancellation of your Nickname 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 via the contact form.
In the event your Account is terminated or cancelled for any reason, or for no reason, no refund will be granted, no online time or other credits (Cheese, Fraise, Hazelnut, Potato) will be credited to you or converted to cash or other form of reimbursement, and you will have no further access to your Account. An account that was terminated or cancelled for any reason cannot be recovered.
Any delinquent or unpaid accounts or accounts with unresolved disputes must be settled before Atelier 801 SARL may allow you to register again.
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.
You hereby acknowledge and agree that:
You expressly understand and agree that:
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 games or any of the content or the materials contained in or accessed through the website or the service, including without limitation any damages caused 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 games 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.
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.
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 via the contact form or at 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 by referring to information available in our records.
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.
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.