Términos y CondicionesLast Modified on January 26th, 2016
IF YOU DO NOT AGREE TO THE TERMS OF THIS End User License Agreement DO NOT INSTALL OR USE THE SOFTWARE.
I. LIMITED USE LICENSE
You agree that the software and all licensed materials it might contain are licensed, not sold to you. You agree that the software and its content, including the whole website, belong to Totem Core Ltd, including all intellectual and proprietary rights, unless otherwise specified. Totem Core Ltd retains all right, title and interest in and to the software and its content at all times, and regardless of the form or media in or on which the original or other copies may subsequently exist. Any suggestions, ideas or inventions that you voluntarily and optionally disclose to us through any means will be used, or not used, by Totem Core Ltd at Totem Core Ltd's sole discretion; and, Totem Core Ltd will have no obligation to you regarding any ideas or inventions that you disclose through such means.
- By entering into this Agreement and creating an Account, you represent that you are an adult and have the legal capacity to enter into a contract in the jurisdiction where you reside and be over the age of 18 or the legal age as defined by your country or state of residence. You further agree that you are entirely liable for all activities conducted through your Account, and are responsible for ensuring that no person under the age of 18 or the legal age as defined by your country or state of residence uses the Product.
THE SITE AND THE PRODUCT ARE NOT DIRECTED AT CHILDREN UNDER 18 YEARS OF AGE, NOR DOES TOTEM ENTERTAINMENT KNOWINGLY COLLECT INFORMATION FROM CHILDREN UNDER 18. IF YOU ARE UNDER 18, PLEASE DO NOT USE THE PRODUCT NOR SUBMIT ANY PERSONALLY IDENTIFIABLE INFORMATION TO TOTEM ENTERTAINMENT.
III. ADDITIONAL LICENSE LIMITATIONS
The limited license granted to you in Section I is subject to the additional limitations set forth below in this Section III. Any use of the Software in violation of the license limitations set forth below is an unauthorised use of the Software outside of the license granted to you in Section I, and will be regarded as an infringement of the copyrights Totem Entertainment holds in and to the Software and the Product. You agree that you will not, under any circumstances:
- Sell, lease, rent, loan or otherwise transfer the Software, or grant a security interest in or transfer reproductions of the Software or the Product, to a third party;
- Copy, reproduce, translate, reverse engineer, decompile, derive source code from, or disassemble, in whole or in part, the Software or the Product, or create derivative works based on the Product.
- Modify or cause to be modified any files that are part of the Software in any way not expressly authorised by Totem Entertainment;
- Modify or cause to be modified any files that are part of the Software in any way not expressly authorised by Totem Entertainment;
- Use any unauthorised third-party programs that interact with the Software in any way, or that intercept, emulate or redirect any communication between the Software and Totem Entertainment, unless expressly authorised by Totem Entertainment;
- All rights and title in and to the Software and the Product, and all content included therein (including, without limitation, accounts, computer code, photo, audio and video content) are owned by Totem Entertainment or its licensors. The Software and the Product and all content therein are protected by French and other international intellectual property laws. Totem Entertainment and its licensors reserve all rights in connection with the Software and the Product, including, without limitation, the exclusive right to create derivative works therefrom, and you agree that you will not create any work of authorship based on the Product except as expressly permitted by Totem Entertainment.
- Notwithstanding the above, Totem Entertainment gives you a limited license to use certain Totem Entertainment proprietary material such as model's pictures and bios to be used on blogs, on forums, blogs or fan sites as long as you have no interest, monetary or otherwise, in publishing such content. Please contact firstname.lastname@example.org to receive authorisation prior to any publication of copyrighted material.
- If you have a valid, active Account, you may purchase Credits, which is a credit system that operates like virtual currency ("Credits") used to license Product Content that can be downloaded and watched while using the Product. Credits can be purchased online through the in-Product "Reload Your Account" section.
Credits are sold or issued in bundles and the price may vary depending on the amount you purchase at once and where you are purchasing from. Price and availability of Credits are subject to change without notice.
You are solely responsible for verifying that the proper amount of Credits has been added to or deducted from your Account during any given transaction, so please notify Totem Entertainment immediately should you believe that a mistake has been made with respect to your Credit balance. Totem Entertainment will investigate your claim, and in doing so, may request some additional information and/or documentation to verify your claim. Totem Entertainment will let you know the results of the investigation, however, you acknowledge and agree that Totem Entertainment has sole and absolute discretion in determining whether or not your claim is valid, and if so, the appropriate remedy.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE CREDIT SYSTEM HAVE NO MONETARY VALUE AND CANNOT BE REDEEMED FOR CASH. NO REFUNDS WILL BE MADE FOR THE PURCHASE OF CREDITS.
- When using the Product, you may use your Credits to get in-Product content associated with your Account, including, without limitation, Cards, Photos, Videos ("Product Content") that reside on servers operated by Totem Entertainment as data. You acknowledge and agree that you shall have no ownership or other property interest in any of those Product Content but a limited, non-exclusive, non-transferable license to download and watch the Product Content associated with the Cards. Totem Entertainment does not provide or guarantee, and expressly disclaims any value, cash or otherwise, attributed to any data residing on servers operated by Totem Entertainment, including without limitation the Product Content associated with your Account.
- For all aspects of the Product that require you to pay a fee, you agree that you will provide accurate and complete payment information to the third-party payment provider used by Totem Entertainment. You further agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. Totem Entertainment may revise the pricing for the Product or any item associated therewith at any time. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes due and payable. Totem Entertainment may, from time to time, modify, amend, or supplement its fees and fee-billing methods, and such changes shall be effective immediately upon posting in this Agreement or elsewhere on the Site or in the Product.
YOU ACKNOWLEDGE AND AGREE THAT ANY APPLICABLE FEES AND OTHER CHARGES FOR FEE-BASED SERVICES (INCLUDING WITHOUT LIMITATION CREDITS) ARE PAYABLE IN ADVANCE AND NOT REFUNDABLE IN WHOLE OR IN PART. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORISED CHARGES.
V. ACCOUNT INFORMATION
- You will be requested to provide additional information in order to complete a purchase, such as your name, full address, credit card information or other payment information as appropriate to the selected payment method. Totem Entertainment solely relies on third party payment providers for purchases and do not store any credit card information.
- In creating an Account, you will be given a unique username and password, which you will use each time you access the Product. You may not share your Account with anyone other than as expressly set forth herein, and you are entirely responsible for maintaining the confidentiality of your username and password and for any and all activities (including purchases and charges, as applicable) that are conducted through your Account. Please notify Totem Entertainment immediately if you become aware of any breach of security, including any loss, theft or unauthorised disclosure of your username and password.
- The Account supplied to you is personal to you, and Totem Entertainment does not recognise and expressly forbids the transfer of user Accounts. You shall not purchase, sell, gift or trade any Account, or make any such offer, and any attempt shall be null and void. Any distribution by you of your Account and/or your username and password (except as expressly provided herein or otherwise explicitly approved of by Totem Entertainment) may result in suspension or termination of your Account.
- Suspension/Termination: By Totem Entertainment.Totem Entertainment RESERVES THE RIGHT TO SUSPEND, TERMINATE, MODIFY OR DELETE YOUR ACCOUNT AT ANY TIME FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE TO YOU, AND WITH NO LIABILITY OF ANY KIND TO YOU. Accounts terminated by Totem Entertainment shall not be reinstated under any conditions whatsoever. By You.You may terminate your Account at any time, for any reason or no reason, by contacting Totem Entertainment.
VI. USER CONTENT
- Totem Entertainment does not, and cannot, pre-screen or monitor all Content. However, its representatives may monitor and/or record your communications (including, without limitation, Private Messages and Forum postings) when you are using the Product or the Site, and you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the submission of any Content. Totem Entertainment does not assume any responsibility or liability for Content that is generated by users of the Site and/or Product. Totem Entertainment has the right but not the obligation, in its sole discretion, to edit, refuse to post, or remove any Content. Furthermore, Totem Entertainment also reserves the right, at all times and in its sole discretion, to disclose any Content for any reason, including, without limitation (i) to satisfy any applicable law, regulation, legal process or governmental request; (ii) to enforce the terms of this Agreement or any other agreement; (iii) to protect the legal rights and remedies of Totem Entertainment; (iv) where someone"s health or safety may be threatened; (v) to report a crime or other offensive behaviour. Please take care to not provide any personally identifiable information in the Forums and to abide by the Code of Conduct, understanding that you do not have an expectation of privacy in the Content you provide in Private Messages or Forums, and that members of Totem Entertainment and the Community, outside of those you chat directly with, might have access to the information in the Private Messages or the Forums at any time.
- If you have a valid and active Account, you may post communications and other content to the "forum" section of the Site or Product (the "Forums"). You agree to abide by the Code of Conduct while participating in the Forums. You understand that much of the information included in the Forums is from other users who are not employed by or under the control of Totem Entertainment. You further acknowledge that a large volume of information is available in the Forums and that people participating in such Forums may occasionally post messages or make statements, whether intentionally or unintentionally, that are inaccurate, misleading, deceptive, abusive or even unlawful. Totem Entertainment neither endorses nor is responsible for such messages or statements, or for any opinion, advice, information or other utterance made or displayed in the Forums by you or the other users. The opinions expressed in the Forums reflect solely the opinions of you and/or the other users and may not reflect the opinions of Totem Entertainment. Totem Entertainment is not responsible for any errors or omissions in postings, for hyperlinks embedded in messages or for any results obtained from the use of the information contained in the Forums. Under no circumstances will Totem Entertainment be liable for any loss or damage caused by your reliance on the information in the Forums or your use of the Forums. You should be aware that, when you disclose information about yourself in a Forum, the information is being made publicly available and may be collected and used by other users. When you disclose any information in a Forum, you do so at your own risk. Totem Entertainment reserves the right to, but has no obligation to, monitor the Forums, or any postings or other materials that you or other players transmit or post on the Forums, to alter or remove any such materials, and to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Site properly or to comply with legal obligations or governmental requests.
VII. CODE OF CONDUCT
While using the Software and using the Product, you agree to comply with all applicable laws, rules and regulations. You also agree to comply with certain additional rules that govern your use of the Product (the "Code of Conduct"). The Code of Conduct is not meant to be exhaustive, and Totem Entertainment reserves the right to modify this Code of Conduct at any time, as well as take any appropriate disciplinary measures including Account termination and deletion to protect the integrity and spirit of the Product, regardless of whether a specific behaviour is listed here as prohibited. The following are examples of behaviour that warrant disciplinary measures:
- Impersonating any person, business, or entity, including an employee of Totem Entertainment, or communicating in any way that makes it appear that the communication originates from Totem Entertainment;
- Posting identifying information about yourself, or any other user, in the Product;
- Harassing, stalking, or threatening any other users in the Product;
- Removing, altering or concealing any copyright, trademark, patent or other proprietary rights notices of Totem Entertainment contained in the Product and/or the Software. You also may not transmit content that violates or infringes the rights of others, including without limitation, patent, trademark, trade secret, copyright, publicity, personal rights or other proprietary or non-proprietary rights;
- Transmitting or communicating any content which, in the sole and exclusive discretion of Totem Entertainment, is deemed offensive, including, but not limited to, language that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, or racially, ethnically, or otherwise objectionable;
- Spamming the forum or private messages, whether for personal or commercial purposes, by disrupting the flow of conversation with repeated postings of a similar nature;
- Participating in any action which, in the sole and exclusive judgment of Totem Entertainment, "exploits" an undocumented aspect of the Product in order to secure an any benefit;
The Site may contain links to websites operated by other parties. Totem Entertainment provides these links to you as a convenience, use of these links and the external websites are at your own risk. The linked sites are not under the control of Totem Entertainment, and Totem Entertainment is not responsible for the content available on the other sites. Such links do not imply endorsement by Totem Entertainment of information or material on any other site, and Totem Entertainment disclaims all liability with regard to your access to and use of such linked websites.
IX. UPDATES AND MODIFICATIONS
- Totem Entertainment may provide Updates to the Software that must be installed for you to continue to play the Product. Each time you launch the Software to play the Product, you hereby give your consent to Totem Entertainment to remotely install any Updates to the Software that resides on your computer, with or without additional notification to you.
- Totem Entertainment reserves the right, in its sole and absolute discretion, to revise, update, change, modify, add to, supplement, or delete certain terms of this License Agreement as the Product and the law evolve; provided, however, that material changes to this License Agreement will not be applied retroactively. Such changes will be effective with or without prior notice to you. You can review the most current version of this License Agreement by clicking on the "EULA" link located at the bottom of the Site. You are responsible for checking this License Agreement periodically for changes. If the Software requires an Update at the time you launch the Software to access the Product, you will also have the opportunity to review and to accept or reject the current version of this License Agreement. If any future changes to this License Agreement are unacceptable to you or cause you to no longer be in agreement or compliance with this License Agreement, you may terminate this License Agreement in accordance and must immediately stop using the Product and uninstall the Software. Your continued use of the Product following any revision to this License Agreement constitutes your complete and irrevocable acceptance of any and all such changes.
X. TERMINATION OF AGREEMENT
This License Agreement is effective until terminated. You may terminate this License Agreement at any time by notifying Totem Entertainment of your intention to terminate. Totem Entertainment may terminate this License Agreement at any time, for any reason or no reason. Upon termination, whether by you or Totem Entertainment, the license granted to you in Section I shall immediately terminate, and you must immediately and permanently remove the Software from your computer"s permanent memory and destroy any and all copies of the Software that may be in your possession.
XI. TERMINATION OF Product SERVICE
You acknowledge and agree that Totem Entertainment, in its sole and absolute discretion, may stop providing support for or access to the Product at any time, for any reason or no reason. You also agree that Totem Entertainment may change, modify, suspend, discontinue, or restrict your access to any features or parts of the Product at any time without notice or liability to you. You acknowledge that you have no interest, monetary or otherwise, in any feature of or content in the Software or the Product. Notwithstanding the above, Totem Entertainment will make its best effort, in case of suspension or discontinuation of the service to provide a solution for you to keep using all downloaded Content on your computer.
XII. CLAIMS OF COPYRIGHT INFRINGEMENT (DMCA)
If you are a copyright owner or agent thereof and believe that content posted on the Site by a Totem Entertainment user infringes upon your copyright, please submit notice pursuant to the Digital Millennium Copyright Act (17 U.S.C. " 512(c)) to the Totem Entertainment Copyright Agent with the following information: An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright; a description of the copyrighted work that you claim has been infringed; the URL of the location on the Totem Entertainment Site containing the material that you claim is infringing; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law; and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner's behalf.
Totem Entertainment" Copyright Agent can be reached by mail at Totem Entertainment, 2 avenue de l'Europe 78140 V"lizy Villacoublay, France. Please note that these notifications are legal notices, and that Totem Entertainment may provide copies of such notices to the participants in the dispute or to third parties, at its discretion or as required by law.
XIII. WARRANTY DISCLAIMER
THE Product (INCLUDING WITHOUT LIMITATION THE WEBSITE, THE SOFTWARE AND THE DOCUMENTATION) IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Totem Entertainment DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WHICH MIGHT APPLY TO THE Product OR THE SOFTWARE, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, AND ANY WARRANTIES AS TO THE ACCURACY, RELIABILITY OR QUALITY OF ANY CONTENT OR INFORMATION CONTAINED WITHIN THE Product AND/OR THE SOFTWARE. Totem Entertainment DOES NOT WARRANT THAT THE Product AND/OR THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SOFTWARE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR SELECTING THE Product AND/OR THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE Product AND THE SOFTWARE.
Because some states or jurisdictions do not allow the disclaimer of implied warranties, the forgoing disclaimer may, in whole or in part, not apply to you.
YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS Totem Entertainment FROM AND AGAINST ANY AND ALL CLAIMS, LAWSUITS, DAMAGES, LOSSES, LIABILITIES AND COSTS (INCLUDING ATTORNEYS" FEES) THAT DIRECTLY OR INDIRECTLY ARISE OR RESULT FROM YOUR USE OR MISUSE OF THE Product AND/OR THE SOFTWARE, OR ANY VIOLATION BY YOU OF ANY OF THE PROVISIONS OF THIS LICENSE AGREEMENT. Totem Entertainment reserves the right, at its own expense and in its sole and absolute discretion, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Totem Entertainment in asserting any available defences.
XV. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL Totem Entertainment BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA, LOSS OF GOOD WILL, OR LOST PROFITS), OR ANY DAMAGES FOR GROSS NEGLIGENCE OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES) ARISING FROM YOUR USE OR MISUSE OF THE SOFTWARE AND/OR THE Product, EVEN IF Totem Entertainment KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, Totem Entertainment SHALL NOT BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE TO YOUR ACCOUNT, COLLECTION OF CARDS, VIRTUAL CURRENCY OR PROFILE INFORMATION STORED BY THE Product. Totem Entertainment SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTIONS OF SERVICE, INCLUDING WITHOUT LIMITATION ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES, OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. IN NO EVENT SHALL Totem Entertainment BE LIABLE FOR ANY DAMAGES IN EXCESS OF ANY AMOUNT YOU HAVE PAID TO Totem Entertainment FOR Product-RELATED TRANSACTIONS, IF ANY, DURING THE SIX (6) MONTHS IMMEDIATELY PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Totem Entertainment shall be limited to the fullest extent permitted by applicable law.
XVI. EQUITABLE REMEDIES
You hereby acknowledge and agree that Totem Entertainment would suffer irreparable harm if this License Agreement were not specifically enforced. Consequently, in addition to such monetary and other relief as may be recoverable at law, you agree that Totem Entertainment shall be entitled to specific performance or other injunctive relief, without bond, other security, or proof of damages, as remedy for any breach or threatened breach of this License Agreement. Additionally, in the event any legal or administrative action or proceeding is brought by either party in connection with this License Agreement, the prevailing party in such action or proceeding shall be entitled to recover from the other party all the costs, attorneys" fees and other expenses incurred by such prevailing party as the result of the action or proceeding.
This License Agreement represents the complete agreement between you and Totem Entertainment with respect to the subject matter hereof, and supersedes any prior or contemporaneous agreements between you and Totem Entertainment. The Product is operated by Totem Entertainment in France. Those who choose to access the Product from locations outside France do so on their own initiative and are responsible for compliance with applicable local laws. Totem Entertainment"s failure to enforce any provision of this License Agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by Totem Entertainment of any provision, condition or requirement of this License Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. If any provision of this License Agreement is held to be invalid or unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this License Agreement shall continue in full force and effect. If, however, it is determined that such provision cannot be reformed, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. All provisions shall survive any termination of this License Agreement.
YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE FOREGOING END USER LICENSE AGREEMENT AND AGREE THAT BY CLICKING "ACCEPT" AND/OR INSTALLING THE SOFTWARE AND USING THE Product, YOU ARE ACKNOWLEDGING YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. Legal Notice
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