1.1 The Timuz Services (“Services”) include the games, downloadable contents, season passes, and other game’s (contained on disc or other physical medium or downloaded or streamed), online and mobile services, including their online functions and other features, together with any of their update and upgrade, the related websites.
« Content » means any elements which are part of the Services, including but not limited to in-game items, customization elements, maps, avatars, all gameplay, graphics, music and sounds, text, all messages or items of information, names, themes, objects, scenery, costumes, effects, dialogues, slogans, places, characters, diagrams, concepts, choreographies, videos, audio-visual effects, domain names. This includes elements created by you and other users, called User Generated Content (defined in Article 11); Timuz Virtual Currency (defined in Article 3.3), and Test Content (defined in Article 12).
1.3 The Services and Content are licensed to you, not sold. This means we grant you a personal, limited, non-transferable, and revocable right and license to use the Services and access the Content, for your entertainment, non-commercial use, subject to your compliance with these Terms.
This Article details the steps and safety rules apply when creating a Timuz Account, and selecting a username and/or avatar to access our Services.
2.1 You may need to create a Timuz account (an “Account”) to access and use certain Services, including to play online. You can create one by supplying accurate, complete, and up-to-date information, including a valid email address.
We may need to check the accuracy of this information, including checking telephone numbers and e-mail addresses, notably to protect minors, other users, and prevent risks of fraud. You agree to send the necessary documents (which may include a copy of your identity card or passport) by any means upon our request.
2.2 Account Safety. Any use of your Account with your password, in particular any purchase of Services, will be deemed to be carried out by you.
2.3 You agree to inform us as quickly as possible at email@example.com of any unauthorized use of your username, password, or other information of your Account and of any security violation involving the Services which comes to your attention.
2.4 Username/Avatar creation. You may need to create a username and/or avatar to access and use certain Services. They will be linked to your Account and publicly displayed. We, therefore, advise you not to include your real name in your username.
You cannot choose a username or an avatar which (i) is already used by another user or associated with another account. We reserve the right, at our sole discretion, to refuse any username and/or avatar you have chosen.
2.5 Multiple Accounts. You must not create multiple accounts, except if we specifically allow it. In such a case, you acknowledge that you will close your additional Account upon our request, or that we may terminate your additional Account.
This article highlights the specific conditions applicable to certain Services & Content (e.g. Forums, Virtual Currency) and certain means of accessing our Services (including mobile).
3.1 Forums. The Services may contain forums, information groups, chats, or other types of online discussion areas (collectively known as “Forums”). When you use the Forums, you should be aware that your avatar, username, and your messages will be public and viewable by any user who visits the Forums (unless you are in a private Forum). You send your messages at your own risk. You have sole responsibility for their submission, publication, and dissemination.
Keep these security measures in mind when communicating with other users in the Forums:
3.2 Timuz App Store. We enable you to purchase products via our online store accessible at https://play.google.com/store/apps/developer?id=Timuz+Games. We may limit your ability to purchase products based on multiple criteria including, but not limited to, your age, limited quantities of products available, etc. We may offer periodical promotions for which separate terms apply.
3.3 Credits, virtual currency. We may license to you access or use of online or off-line elements of Services, including without limitation virtual points, coins or currencies (collectively "Timuz Virtual Currency"). When you obtain Timuz Virtual Currency from us or our authorized partners, you receive a personal, limited, non-assignable,non-exclusive, revocable license to access and select the Timuz Virtual Currency that we expressly make available to you.
Timuz Virtual Currency has no monetary value and has no value outside of our Services. Timuz Virtual Currency cannot be sold, traded, transferred, or exchanged for cash; it only may be redeemed for Content available on the Services. Timuz Virtual Currency is non-refundable, and you are not entitled to a refund for any unused Timuz Virtual Currency, except if required by law. Once you redeem Timuz Virtual Currency for Content, that Content is not returnable, exchangeable, or refundable.
3.4 Wallet. We may make available to you on your Account an electronic wallet (the “Wallet”). Such Wallet is not a bank account nor a payment instrument and funds you may place on it:
We may limit the maximum amount of funds:
3.5 Prepaid Cards. We may enable you to purchase and/or redeem prepaid cards to purchase Content and/or Services and/or fund a Wallet. You may not be able to fund a Wallet by applying the value of a given prepaid card if your Wallet already reached the limits mentioned in Article 3.4.
3.6 Technical Protective Measures – Internet connection – Digital Rights Management. We may protect certain Services by using technical protection measures and digital rights management, including, for example, physical protection, watermarking, digital keys activation, direct entitlement. You may need a permanent high-speed internet connection to access online functions, play online and access and use some Content, including Content which may be unlocked once only with a unique key and certain Services incorporating Digital Rights Management technology.
3.7 Mobile Services. You may access certain Services via certain mobile phones, smartphones, tablets, and other compatible mobile terminals. To do so, you must have the permission of the person who pays the bill for the mobile terminal and be provided with Internet access via such a mobile terminal. The use of your mobile terminal may lead to connection costs for which we are not responsible. Certain Mobile Services offer you in-game purchases and micro-transactions. Your comfort may vary depending on the capacities and functions of your mobile terminal and the communications network. We cannot guarantee a comfort equal to that experienced when connecting to the Services via other devices.
This Article indicates under which circumstances we may modify our Services and Content, including their price.
4.1 General. We do not guarantee that the Services will be available at all times, in all locations worldwide, and/or on all devices. We do not guarantee that we will continue to offer any Service for any minimum period. We reserve the right to terminate all or part of the Services at any time.
4.2 Modification of Services price. We reserve the right to modify the prices of the Services, including from a paid Service to a free-to-play one and vice versa. The new price applies only to orders placed after it has come into effect.
4.3 Modification of access to Services and Content.
This Article details the rules of conduct your must follow and the behaviors which are forbidden, in order to keep a friendly, safe, and fair gaming environment and community.
5.1 We want to offer you and other users a welcoming, safe, and respectful gaming environment, both during gameplay and at any time in our Services. This is particularly important for us, as we have users of different ages within our Services, including minors. For you and other users to feel part of such a friendly, safe, and fair community, you must follow these rules (the “Rules of Conduct”).
5.2 You may only use the Services for lawful purposes and for their anticipated use. You may not use the Services in any way that breaches any applicable law or regulation.
5.3 Here is a non-exhaustive list of forbidden behaviors that may lead to an investigation by our staff and may result in sanctions (as detailed in Article 6):
This includes for example:
This includes for example performing Distributed denial-of-service (DDoS) attacks.
This article lists some of the disciplinary and legal actions we may take to fight behaviors that are harmful to the gaming environment and community.
We may apply sanctions, in the event of a violation of the Terms and/or of a Code of Conduct. The sanctions are decided on a case-by-case basis, based on multiple criteria, including but not limited to, the seriousness of the violation, the number of violations, and the impact of the violations on the Services, on other users and/or on our representatives.
Here is a non-exhaustive list of sanctions we may apply:
We may use our own and/or third-party anti-cheat solutions to detect non-authorized behaviors and/or apply corresponding sanctions.
We may restrict your access to all or part of the Services should we suspect that you engage in unlawful behaviors inside or outside the Services, in order to keep a friendly, safe and fair environment for our users.
In addition, we reserve the right to take legal action on grounds of civil or criminal responsibility in order to stop a breach of your legal or contractual obligations and obtain compensation for our losses. In particular, we reserve the right to prosecute any user who has deliberately damaged or attempted to damage the Services or disrupted the legitimate functioning of the Services or provided assistance for so doing.
This article gives you the information necessary and the process to be followed if you want to report a Content which, in your opinion, violates these Terms and/or the intellectual property right of a third party.
7.1 Report Content in violation of these Terms
If you consider that any Content made available on the Services does not comply with these Terms, you may report this to us by using the "Report" option, when available in the Service, or by contacting our customer support at firstname.lastname@example.org
To assist us in quickly responding to your report, please include as much as possible:
7.2 Report Content in violation of Intellectual Property Rights .
We respect the Intellectual Property Rights of others and expect users to do the same. If you consider that any Content made available on the Services is violating your Intellectual Property Rights, you may report this to us by sending an e-mail to email@example.com indicating the information listed below:
7.3 Our response to your report
After receipt of a report, we reserve the right to act as we deem appropriate. We notably reserve the right to delete and/or deactivate the Content reported and to ask you and other users to cease using such Content.
If we delete or deactivate any Content that you have published in violation of these Terms and/or of third parties’ Intellectual Property Rights, We reserve the right to apply sanctions as listed in Article 6.
Your acknowledge that knowingly wrongly making a false report of a Content in order to obtain its removal or to stop its dissemination on our Services is punishable by law.
This article explains how your Account may be terminated by you or by us, and the consequences of such termination.
YES. Both at your initiative and ours.
8.1 Termination of your Account at your initiative.
You may terminate your account at any time by writing us at firstname.lastname@example.org or close your Account at email@example.com, using the “Account Information” tab, especially in the case where you do not accept these Terms or an updated version of them.
8.2 Termination of the Account or access to Service(s) at our initiative.
We may suspend or close your Account and your ability to use one or more Services or part of the Services, at any time, automatically and at our sole discretion where:
Should you have more than one Account, we reserve the right to suspend or close all of your Accounts once one has been suspended or closed by us under this process.
8.3 Consequences of the Termination/Suspension of an Account.
This Article indicates how minors may create an account and access our Services, with the help of their parents/ legal guardians.
9.1 If you are a minor in your country of residence, you should read these Terms with the help of your parent or guardian.
9.2 If you are a parent or guardian, we recommend that you monitor your children’s gaming activities, in particular online, and that you familiarize yourself with the parental controls that may be made available by us and/or our partners.
9.3 We may restrict access to certain Services on age grounds, and for minors under a certain age, we may allow you to register for certain Services only with consent from your parent or guardian.
9.4 As far as is permitted by law, we accept no responsibility regarding any activities which may be conducted by minors without the permission of their parents or legal guardians. In all cases, all use of the Services by minors is the responsibility of their parents or legal guardians. If you are a parent or legal guardian and you give your permission for your child to register for the Services, you hereby agree to the Terms relating to the use of the Services by your child.
This article informs you of the rights attached to our Services, Content, and of our Submissions policy.
10.1 The Services and Content are protected by national and international laws and treaties. Except as expressly set out in these Terms, we, and our licensees and licensors, reserve our respective Intellectual Property Rights (defined below) in the Services and the Content. Any reproduction or representation of these elements in any way and for any reason is prohibited without our prior permission.
"Intellectual Property Rights" are patents, rights to inventions, copyright and related rights, trademarks, trade names, neighboring rights, right of publicity, commercial secrets, domain names, rights in get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered, and including all applications for, and renewals or extensions of, such rights, and all similar or equivalent rights or forms of protection in any part of the world.
10.2 You may submit reviews, comments, suggestions, proposals, materials, or other feedback (“Submissions”) on or outside the Services. We appreciate your enthusiasm but you acknowledge that we have no obligation concerning unsolicited Submissions, including but not limited to, no obligation to accept, consider, review or return any materials or acknowledge receipt of any Submissions. You agree that products, services, or features developed or published by us might appear to be similar or identical to such unsolicited Submissions.
This article explains the different types of content you may create, publish, and share on our Services, and the related rights you grant to us and to other users on such Content.
In certain Services, you may create, upload, edit, modify, adapt, publish and/or submit names, images, designs, skins, photos, videos, maps, music compositions/sheets, streams, activities and other materials ("User-Generated Content” or “UGC”). You warrant that your UGC will comply with these Terms at all times, during and after its creation, and with any additional terms that may be applicable. This section will continue to apply after any termination of your Account and/or termination or suspension of a Service.
11.1 UGC that you produce from pre-existing Timuz Content (“Derived UGC”).
In this respect, you must:
11.2 UGC featuring your image. If your UGC reproduces your image, you acknowledge that we have a right to use your image as part of the Services throughout the world and for the whole duration of the Services. If your UGC features the image of any person other than yourself, you warrant that you have received the permission of such person for the use of his/her image by us, and you indemnify us for any losses which we may incur in the event of a complaint, action or claim by such other person concerning the use by us of his/her image, derived from your UGC
11.3 UGC you create independently from pre-existing Timuz Content (“Independent UGC”). You hereby grant us, and our licensees, distributors, partners, agents, representatives a perpetual, royalty-free, non-exclusive, irrevocable, transferable (in whole or part) worldwide license to use, copy, host, reproduce, represent, modify, display, distribute, publicly perform, publicly display and, in general, otherwise exploit, online and offline, Independent UGC (including all Intellectual Property Rights therein) in whole or in part, for any purpose.
11.4 In all cases for both Derived UGC and Independent UGC.
This article describes the general conditions applicable to your participation in our tests (including alphas, betas, and playtests).
YES. We may propose that you test the Services or Contents not yet commercially released (for example during alpha and beta phases, playtests, etc.), in order to identify bugs and errors and/or help improve their functioning (“Beta Tests”). If you are eligible and agree to take part in a Beta Test:
This article explains how we may, but do not always, monitor our Services, in particular the opinions and comments expressed by users in the Forums or through UGC.
We are not responsible for and do not endorse the opinions, advice and/or recommendations displayed or sent by users on the Services, including in any public forum. Such communications are the sole responsibility of the concerned users
Subject to the applicable legal requirements, we do not undertake to monitor the Content, UGC, messages, and other information made available on the Services by users. We may, though are not required to, oversee, monitor, or moderate our Services, particularly on website home pages and Forums. In any event, we do not warrant the validity, originality, accuracy, or usefulness of any Content, message, and/or UGC.
This article deals with the access to our Services via a third party platform (consoles, streaming services, etc.) and with how we may display to You third party content through ads on our Services.
YES. You may access certain Services via the services/platforms offered by third parties (i.e. console manufacturers, streaming services, etc.). The terms of these third parties will govern your behavior when you access the Services through their services/platforms and, in the event of a conflict with these Terms, the terms applicable to the services/platforms offered by these third parties take precedence.
We may also display certain third party products, services, and/or content by inserting, in our Services, promotional links, advertising banners, or any other advertising and promotional element, and may also carry out cross-marketing operations with any partner of our choice.
In both cases, we may not be held responsible for such third party services, products, and/or content.
This article describes the limitations and exclusions that apply to our liability, and conditions under which we may indemnify You or You may have to indemnify us.
15.1 Limitation & Exclusion of Liability.
This includes all losses of any kind (direct, accidental, incidental, consequential, and/or indirect), whether in tort (including for negligence or breach of statutory duty), contract, and/or misrepresentation (whether innocent or negligent).
15.2 Indemnity & Compensation.
15.3 The provisions of this Article 15 remain valid and in force after termination of these Terms or of Your Account.
This article contains additional information applicable between you and us, including modification of these Terms, consumer conciliation, law and jurisdiction, and contact information.
16.1 Modification of the Terms. We may revise these Terms at any time for security, legal, best practice, and/or regulatory reasons. We will not use this right to make substantial changes to the Terms, affecting your rights, without giving you a chance to agree. If you do not agree to the changes made to these Terms, you shall terminate your Account as set out in Article 8.1. You should check for revisions to the Terms regularly as they are binding on you. Any use of the Services subsequent to revised Terms coming into force implies acceptance of the revised Terms.
16.2 Severance. If any court or competent authority finds that any provision of these Terms (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these Terms shall not be affected. If any invalid, unenforceable or illegal provision of these Terms would be valid, enforceable and legal if some part of it was deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable to reflect our initial intentions.
16.3 No Waiver. Waiver of a right or remedy may be considered to have taken place only after the signing by us and you of a written statement to this effect. No failure or delay by us to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
16.4 Entire Agreement.
16.5 Dispute Resolution.
Alternative Dispute Resolution. In the event of disputes or claims in connection with these Terms, the European Commission provides a platform, facilitating the independent and out-of-court settlement of online disputes between European Union consumers and professionals, accessible at the following address: https://ec.europa.eu/consumers/odr/.
Law and Jurisdiction. These Terms, your Account and any disputes or claims arising in connection with them or their subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of England and Wales. You irrevocably agree that the courts of England and Wales have exclusive jurisdiction to settle any such dispute or claim.
16.6 Force majeure. We shall have no liability under these Terms if we are prevented from, or delayed in, performing our obligations or from carrying on our business by acts, events, omissions or accidents beyond our reasonable control, including, without limitation, strikes, failure of a telecommunications network, an act of God, war, riot, pandemic, malicious damage, compliance with any law or governmental order, accident, fire, flood or default of sub-contractors.