TECHNICAL PROTECTIVE MEASURES – DIGITAL RIGHTS MANAGEMENT
CREDITS, SUBSCRIPTIONS AND HOLODIA POINTS
MERCHANT SERVICES (UBISHOP)
FORUMS AND DISCUSSION AREAS PROVIDED BY THE SERVICES
COMPETITIONS,LOTTERIES AND LOYALTY PROGRAMS
ADVERTISING AND PROMOTION OF PRODUCTS
LIABILITY, INDEMNITY AND COMPENSATION
UPDATING OF SERVICES AND TERMS
CONFIDENTIALITY AND COLLECTION OF PERSONAL DATA
HEALTH OF VIDEO GAME USERS
SOFTWARE, UTILITIES AND TOOLS
SPECIFIC TERMS FOR COMPATIBLE MOBILE TERMINALS
WELCOME TO HOLODIA SERVICES.
1 DESCRIPTION OF SERVICES
1.3 Content includes all text, graphics, music or sounds, all messages or items of information, fictional characters, names, themes, objects, scenery, costumes, effects, dialogues, slogans, places, characters, diagrams, concepts, choreographies, videos, audio-visual effects, domain names and any other elements which are part of the Services, individually or in combination, together with all related Intellectual Property Rights in the above, (collectively, the “Content”).
For the avoidance of doubt, Content includes:
content created by other Users;
Additional Content; and
Test Contents (as defined in Article 12 below).
1.4 HOLOFIT Software Service Subscription Terms & Conditions can be found on https://www.holodia.com/holodia-legal-info/and is an integral part of these Terms. Please read it carefully to understand our views and practices regarding your personal data and how we will treat it.
1.5 HOLODIA reserves the right to change, modify, add or delete Articles in these Terms at any time, in accordance with the procedures described below in Article 17.
2.1 Creation of Your Account.
Access to and use of certain additional functions and/or benefits of the Services are subject to the creation of an account with HOLODIA (an “Account”). If you do not have an Account, you can create one on http://www.ubi.com or on http://www.uplay.com.
To create an Account, you must have an e-mail address and supply accurate complete and up-to-date information. You must be authorised to use the Services for which you register, and in particular meet the age criteria.
You may not:
select or use a username or an avatar which is already used by someone else or associated with another Account; or
select or use a username or avatar which does not meet the requirements of these Terms, in particular the rules of conduct set out in Article 3.2 and the Content standards set out in Article 3.3.
create multiple accounts, except if this is specifically allowed with the Service by HOLODIA. In such case, you acknowledge that you will close your additional Account upon HOLODIA’s request. HOLODIA advises you not to include your surname in your User name.
If you choose, or you are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We will never ask you to reveal your password and will never initiate contact with you to ask you for the memory joggers associated with your password. Any use, in particular any purchase of Services, using your Account with your password will be deemed to be carried out by you. We have the right to disable any username or password if in our sole opinion you have failed to comply with any of the provisions of these Terms.
2.2 Accuracy and Use of Your Account Data.
You agree to supply and keep the personal information relating to your Account accurate, complete and up-to-date (including in the event of a transfer of data from a pre-existing Account).
You shall not claim to be any other person or entity and shall not represent your identity or an affiliation with any other person or entity in an inaccurate way, including by using the username, password or any other information relating to someone else’s Account or the name, likeness, voice, image or photograph of another person or by providing false information concerning a parent or legal guardian when the registration process asks you to give this information.
We may take action to check the accuracy of the information you give, including by checking landline or mobile telephone numbers and/or e-mail address you have given for you or a parent or legal guardian when applicable. In order to protect minors, other Users and prevent risks of fraud, you agree to send the necessary authorisations and supporting documents to HOLODIA on request by e-mail, fax or post. The documents requested may include a copy of your national identity card or your passport.
You also agree to inform HOLODIA as quickly as possible at email@example.com of any unauthorised use of your username, password or other information concerning your Account or of any other security violation concerning or involving the Services which comes to your attention.
3 USE OF SERVICES AND RULES OF CONDUCT
3.1 Use of Services.
You must be authorised to use the Services for which you register in accordance with these Terms or any other terms applicable to such a Service.
The Services are intended for personal use only and you must in no event use them in any way for commercial purposes without obtaining a licence to do so from us and/or our licensors.
You shall not, directly or indirectly:
sell, rent out or market the Content;
arrange, modify, decompile, disassemble, reverse engineer, translate, adapt, reproduce, distribute, disseminate, re-post or transfer any element of the Content;
automate or use on a large-volume the Content;
transfer any Content between any computers or mobile devices except as involved in ordinary use of the Services.
Where available as part of the Services, you are authorised by HOLODIA to download the Content in question to your computer(s) or mobile device(s) and to print the pages, when applicable, provided that you:
keep intact all copyright and trademark indications and other authorship and origin information;
do not copy (except for copying involved in ordinary use of the Services; and the creation of a single copy for backup requirements) or distribute the Content, or copies or derivative documents based wholly or partially on the Content; and
do not use the Content in a manner which would suggest an association with one of HOLODIA’s products, services and/or brand names.
If you print, copy or download any part of our Services in breach of these Terms, your right to use our Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
You are solely responsible for any damage caused to HOLODIA, its partners, other Users of the games and Services or any other individual or legal entity as a result of use of all or part of the Services in violation of the law or of your obligations as set out in these Terms.
3.2 Rules of Conduct.
You warrant that you shall comply with our rules of conduct set out in this Article 3.2.
You may only use the Services for lawful purposes and according to anticipated use of the Services.
You may not:
use the Services in any way that breaches any applicable local, national or international law or regulation;
use any element of the Services or Content which would infringe the Intellectual Property Rights or other rights of others and/or of HOLODIA;
create, use, share and/or publish by any means (forum, public profile or other means) in relation to the Services any material (text, words, images, sounds, videos, etc.) which would breach of a duty of confidentiality, infringe an individual’s right to privacy or which would incite the committing of an unlawful act (in particular, piracy, cracking or circulation of counterfeit software);
access or aim to access parts of the Services whose use has not been authorised by HOLODIA;
arrange, modify, translate, adapt, reproduce, index, copy and/or extract any information, software, product or other element or part of the Content by any means without HOLODIA’s express prior permission as set out in these Terms or otherwise;
modify, distort, block, abnormally burden, disrupt, slow down and/or hinder the normal functioning of all or part of the Services, or their accessibility to other Users, or the functioning of the partner networks of the Services, or attempt to do any of the above;
transmit or propagate any virus, trojan horse, worm, bomb, corrupted file and/or similar destructive device or corrupted data in relation to the Services, and/or organise, participate in or be involved in any way in an attack on HOLODIA’s servers and/or the Services and/or those of its service providers and partners;
create, use and/or circulate “auto” or “macro” computer programs including without limitation “cheats”, "mods", "hacks", "bots" and "trainers" programs or software applications, and/or use the Services via a mirror site;
create, supply or use alternative methods of using the Services, for example server emulators;
use incorrect information, use another User’s Account, assume another person’s identity or present false credentials in relation to any individual or legal entity in relation to the Services;
use any means not expressly permitted by HOLODIA to collect or intercept data exchanged by other Users within the framework of the Services, or the names/ usernames and/or passwords of any other User;
attempt to obtain a password, information concerning an Account or other information of a private nature from any other User of the Services, and/or sell, rent out, share, lend and/or in any other way transfer to any outside party your Account and/or the means of accessing it and/or in any other way allow any outside party to benefit from your Account;
make inappropriate use of the help service or the claim buttons or send untruthful reports to members of HOLODIA’s personnel;
access, use, download from the Services or otherwise reproduce or supply to anyone (free of charge or in return for payment) any directory of Users of the Services or any other information concerning Users or use of the Services;
refuse to obey the instructions of any HOLODIA representative, and/or falsely claim to be an employee or representative of HOLODIA or its partners and/or agents.
3.3 Content Standards
In relation to the Services, you may not:
create, use, share and/or publish by any means (forum, public profile or other means) any material (text, words, images, sounds, videos, etc.) or Content which, in HOLODIA’s sole opinion, is unlawful, aggressive, threatening, malicious, defamatory, untruthful, pornographic, paedophilic, obscene, vulgar, racist, xenophobic, liable to incite hatred, sexually explicit, insulting, violent, contrary to morality or in any other way unacceptable; or
harass other Users, send them unsolicited advertising, promotional items or messages for commercial purposes, use the Services for purposes of surveys, competitions, pyramid selling or similar operations, or for sending mass e-mails or spam.
We reserve the right to amend the rules of conduct and content standards set out in Articles 3.2 and 3.3 to place limits on the use of the Services. We may, for example, define:
a maximum number of days for which messages or any other downloaded Content will be stored as part of the Services;
a maximum number or volume of messages which can be sent or received by an Account opened on the Services;
a maximum memory capacity which will be allocated by our servers for your Account; and / or
a maximum number of times you may access the Services, together with a maximum duration for each access during a given period.
3.5 Monitoring of Services by HOLODIA
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 public message forums. Such communications are the sole responsibility of the User in question.
Subject to the applicable legal requirements, we do not undertake to monitor the Content, messages and other information made available on the Services by its Users. We may, though are not required to, oversee, monitor or moderate our Services, particularly on website home pages and forums. Some further details of our monitoring of the Services in relation to Minors is set out in Articles 4 and 6.
We reserve the right, at its sole discretion, to refuse any username, screen name and/or password you have chosen.
4 ACCESS AND TERMS SPECIFIC TO MINORS
4.1 If you are a minor, you should read these Terms with the help of your parents or guardians.
4.2 If you are a parent or guardian, HOLODIA recommends that you monitor your children’s online activities and check that your children never disclose their personal data without your prior consent.
4.3 We may restrict access to certain Services on age grounds. For such Services,we ask for a parent or guardian’s approval when a child under 12 years old (a “Minor”) wishes to use the Services made available to Minors. When a Minor registers, they must supply the e-mail address of a parent or legal guardian who we will contact to confirm, refuse or modify their child’s access to Services. HOLODIA reserves the right to limit the period during which a Minor may play pending confirmation and activation by their parent or guardian.
4.4 We reserve the right to ask for written proof of consent from a parent or guardian for any User or potential User of the Services we suspect is a Minor. Parental consent applies exclusively to the Service for which it has been granted.
4.5 Certain Services are specially designed for children and enable children to create their own free Account for which HOLODIA collects their username, password, date of birth (or age), country and parent or guardian’s e-mail address.
4.6 Such Services sometimes offer the possibility of paying for a subscription or certain game functions which enable children to participate in more activities on the Services. The subscription services may also allow parents or guardians to manage their children’s account and create their own new player Account.
4.7 Certain Services enable children to create personalised avatars which they can use across the Services, including mini-games and virtual worlds. Children may also use other functions of the Services such as “recommend to a friend” to invite a friend to find out about the Services. Invitation functions enable children to send their friends a single message inviting them to visit the related Service. We will collect the first name and e-mail address of your child (or, failing that, the e-mail address of the parent or guardian) and the e-mail address of their friend for the sole purpose of sending a single message. This information is neither stored nor used for any other purpose and we do not reveal your child’s e-mail address to the recipient.
4.8 Certain Services enable children to receive newsletters. Minors with access to a forum will be able to see other Users’ messages in the forum. On certain forums HOLODIA may operate a ‘safe chat’ system which either filters words and set phrases which we consider unacceptable for Minors, or limits submissions to a list of predefined phrases. This aims to reduce content of a hurtful or insulting nature. When a forum Service is available, “report abuse” links are provided.
4.10 In all cases, all use of the Services by Minors is the responsibility of their parents or legal guardians whom we assume approve their use of the Services and agree to these Terms.
5 INTELLECTUAL PROPERTY RIGHTS
5.1 Intellectual Property Rights are defined as “patents, rights to inventions, copyright and related rights, trademarks, trade names, neighbouring 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”.
5.2 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 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 and, if applicable, our licensors’ and representatives’.
5.3 Save as expressly set out in these Terms, no Intellectual Property Rights of any kind are assigned or licensed to you.
5.4 The Services, Content, and all Intellectual Property Rights in them belong to HOLODIA or its licensors and representatives, with the exception of any content generated by the User (dealt with in Article 6 below).
6 USER GENERATED CONTENT
6.1 6.1 HOLODIA offers you the possibility of creating, uploading, editing, modifying, adapting, publishing and/or submitting material or information to and/or through certain Services, or causing any of these actions to happen (any of which is “User Generated Content” or “UGC”). The conditions of this Article 6 apply to each part of any UGC as well as to its whole.
6.2 You warrant that UGC will comply with these Terms at all times during and after its creation. The Terms will continue to apply after any termination of your Account and/or termination or suspension of a Service.
6.3 UGC that you produce from pre-existing HOLODIA Content (“Derived UGC”)
HOLODIA will be the sole owner of all Intellectual Property Rights relating to Derived UGC, as and when it is produced.
You hereby irrevocably assign to HOLODIA absolutely with full title guarantee, free of charge, all Intellectual Property Rights and rights of use you may have over Derived UGC.
This transfer of rights in Derived UGC is granted on a worldwide basis and for the period of protection of each right by the applicable legislation.
HOLODIA, or any third party to whom the rights relating to Derived UGC have been assigned in accordance with this Article, may file or register any application for Intellectual Property Rights relating to Derived UGC in its own name, for all countries in the world. In this respect, you must:
sign and supply any necessary document requested by HOLODIA, or by the third party to whom the rights have been assigned, for all registration purposes, and in particular to sign any request, deed of transfer or other document which might be necessary to perfect such assignment or to allow HOLODIA or the third party to whom the rights have been assigned to register and obtain Intellectual Property Rights relating to the Derived UGC; and
provide all necessary assistance to HOLODIA or to the third party to whom the rights have been assigned, at the expense of HOLODIA or the third party concerned, in any action, procedure or step required to effect this sub-Article 6.3.
6.4 In the event of a competent court ruling that some or all of the rights concerning Derived UGC cannot be validly transferred to HOLODIA as set out in sub-Article 6.3, you hereby grant:
HOLODIA a perpetual, royalty-free, exclusive, irrevocable, transferable, world-wide licence to use, copy, represent, modify, display, distribute and, in general, exploit Derived UGC for any purpose, without you necessarily being mentioned as the source of this Derived UGC; and
other Users of the Services a perpetual, royalty-free, non-exclusive, irrevocable, world-wide licence to access, display, copy, adapt and modify Derived UGC and create derivative works within the framework of the Services. This licence is only for the purposes of the Services and is subject to these Terms.
6.5 Your use of Derived UGC
You may not use the Derived UGC other than under the conditions set out below.
Under the rights assigned in sub-Article 6.3 or licensed in sub-Article 6.4, HOLODIA hereby grants you a non-exclusive and non-transferable personal licence, revocable at all times, to use Derived UGC you have produced throughout the world and for the duration of your use of the Services, solely in order to:
record it on your console, your computer, your mobile phone or any other medium you use to access the Services,
share it with other Users, and
load it on the Services and/or on any other HOLODIA service or partner network, as allowed by HOLODIA.
6.6 UGC featuring your image
If UGC that you create and publish reproduces your image, you acknowledge that HOLODIA has a right to use your image as part of the Services throughout the world and for the whole duration of the Services concerned. You agree to UGC reproducing your image being used by HOLODIA as set out in Articles 6.3 and 6.4. If the UGC you publish on the Services features the image of any person other than yourself, you warrant that you have received the permission of the relevant person for the use of his/her image by HOLODIA in accordance with the terms of this Article 6, and you indemnify HOLODIA for any losses which HOLODIA may incur in the event of a well-founded complaint, action or claim by any third party concerning the use by HOLODIA of a third party’s image, derived from UGC that you create and/or publish.
6.7 UGC you create independently from pre-existing HOLODIA content (“Independent UGC”)
You hereby grant HOLODIA, and its licensees, distributors, agents, representatives a perpetual, royalty-free, non-exclusive, irrevocable, transferable (in whole or in part) world-wide licence to use Independent UGC (including all Intellectual Property Rights therein) in whole or in part, for any purpose.
6.8 In all cases:
We do not grant you a licence to use UGC for commercial purposes;
the ability to create UGC is part of the Service we offer and does not entitle you to any payment, including when the UGC is made available to other Users of the Services;
you warrant to HOLODIA that all Content (whether UGC or otherwise) that you create and/or publish while using the Services does not infringe the rights of any third party and in particular does not constitute an infringement of Intellectual Property Rights or an act of unfair competition, including when the Content is used by HOLODIA in the course of supplying the Services;
you warrant that you are personally responsible for all Content that you create, use and/or publish while using the Services and you agree to defend, indemnify and keep indemnified HOLODIA, its including its licensors, licensees, sub-licensees, assignees and successors in title and their respective employees, managers or directors (collectively referred to as the “Affiliates”) in title from and against any claim or alleged claim, suit or proceeding brought against HOLODIA and/or its Affiliates, relating to the use or publication of content that you create, use and/or publish while using the Services. In such instances, HOLODIA reserves the right to conduct its own defense at its own expense and retain exclusive control over any action which might give rise to compensation on your part. You agree, in such cases, to collaborate fully with HOLODIA on request in defense of its interests;
For the avoidance of doubt, unless and until such Content is removed by HOLODIA, UGC which you have published in relation to the Services will be associated with your username and will be made available to Users of the Service; and
you waive absolutely your moral rights in all Content (whether UGC or otherwise) you create or publish arising under the Copyright, Designs and Patents Act 1988 and, so far as is legally possible, any broadly equivalent rights you may have in any territory of the world, and
you vouch for the obtaining of the same agreement from any other person who might invoke moral rights over the UGC.
7 REPORTING OF UNLAWFUL CONTENT
If you consider that any Content made available on the Services does not comply with these Terms (including the rules of conduct or conduct standards set out in Articles 3.2 and 3.3), you may report this to HOLODIA by using the “Report” option available in each Service or by sending an e-mail to the following email address indicating the information listed below:
7.1 To assist us in quickly responding to your report, it helps us to include as much as possible of the following:
the date of your report;
your surname, first name, date and place of birth, address, and a way of contacting you such as a telephone number or e-mail address;
identification and description of the Content which is, in your opinion, contrary to these Terms, indicating its precise location;
an indication of the reasons why you believe that this Content does not comply with these Terms and should be removed from the Services, citing the Article of these Terms or the legal provision along with proof where possible;
when reporting a copyright infringement, identify the work protected by the copyright of which you wish to report the infringement and provide all necessary information showing the existence of this copyright and demonstrating that you are authorised to intervene on behalf of the copyright holder; and
a declaration specifying that you believe that all the information in the report is correct.
7.2 After receipt of a report, HOLODIA reserves the right to act as it deems appropriate, at its sole discretion.
7.3 HOLODIA reserves the right to ask you to cease to use any Content which it believes to be contrary to the provisions of the Terms and/or delete or deactivate the Content in question.
If HOLODIA deletes or deactivates any Content that you have published which is considered to be contrary to these Terms, HOLODIA reserves the right to terminate these Terms and/or to suspend or delete your Account, in accordance with Article 14 below.
8 TECHNICAL PROTECTIVE MEASURES – DIGITAL RIGHTS MANAGEMENT
8.1 Certain Services may be protected by technical protection measures and digital rights management, in particular, and without limitation, physical protection, tattooing (watermarking), digital keys and online activation.
8.2 A high speed internet connection and the creation of an Account are necessary to access online functions and to play on-line, and to access some Content including exclusive Content which may be unlocked once only with a unique key.
8.3 For certain games and/or Services incorporating Digital Rights Management technology, a permanent high speed internet connection and the creation of an Account may be necessary to play such game(s) or access such Service(s) at any time.
9 CREDITS, SUBSCRIPTIONS AND HOLODIA POINTS
Within certain Services, HOLODIA may offer You the possibility of ordering certain subscriptions, in-game virtual currency or additional content such as in-game items, customization elements, maps, building accelerations, avatars which, once added to Your Account, can be used to maximize Your experience within the game or within the application. You will need to have an Account to be able to purchase and use such subscriptions, in-game virtual currency or additional content. In such event, the Terms of Sale accessible on the Service’s page or on legal.ubi.com will apply and shall be integrated to these Terms.
Additionally, we may offer a system enabling you to obtain points if you use Services, if you download Additional Content (as defined below) or if you participate in certain games and activities proposed by the Services (the “Points System”). You may exchange these points for additional content which we offer under the Points System. We reserve the right to modify the Terms or eliminate any or all of the Points Systems at any time entirely at its own discretion, under the terms specified in Article 17 below.
10 MERCHANT SERVICES (UBISHOP)
HOLODIA’s shop enables you to purchase a HOLODIA product via its online store on http://shop.ubi.com. Specific terms for the purchase may apply and can be found of the HOLODIA website.
11 FORUMS AND DISCUSSION AREAS PROVIDED BY THE SERVICES
The Services may contain forums, information groups or other types of online discussion areas (collectively known as “Forums”) which are not moderated or which are moderated after the event, with the result that your messages are not checked before being displayed on HOLODIA’s websites.
When you use these Services, you should be aware that your username and your messages will be public and viewable by any User who visits the Services. You send your messages at your own risk. You have sole responsibility for their submission, publication and dissemination.
You must comply with all the rules of conduct and Content standards set out in Article 3 of these Terms, and furthermore you undertake not to:
restrict or prevent use of the Forum by any other User of the Services;
place on line or reveal via the Services any real personal information concerning a User;
place on line or reveal information which is not generally related to the designated topic or theme of the public Forum in question;
place on line or reveal information which is inappropriate or disrespectful of the usual or targeted Users of the Forum; or
harass or disparage other users on the Forum by way of private or public messages.
HOLODIA reserves the right to contact you to obtain further information on the messages you have disseminated, in particular to check that you are entitled to disseminate them and/or that you are the owner of the elements (text, words, images, sounds, videos, etc.) which they contain.
In all cases, HOLODIA is not responsible for and does not endorse the opinions, advice and/or recommendations displayed or sent by Users on the Services, notably in any public Forum, and declines any responsibility in this regard.
12 COMPETITIONS, LOTTERIES AND LOYALTY PROGRAMS
Periodically, HOLODIA and/or its partners organise competitions, games, free prize draws and promotions on the Services. These will be subject to particular terms which we shall communicate to you at the time of these promotions.
Additionally, HOLODIA may feature certain loyalty programs and/or periodical promotions on its merchant Services for which separate terms apply. Please review these additional terms on the Merchant Services and review them carefully
13 ADVERTISING AND PROMOTION OF PRODUCTS
Entirely at its own discretion, and subject only to its editorial policy for each Service, HOLODIA may display certain third party products and/or services by inserting promotional links, advertising banners or any other advertising and promotional element, and may also carry out cross-marketing operations with any partner of its choice.
HOLODIA is not responsible for the third party products or services so displayed.
14 BETA TESTS
HOLODIA may, entirely at its own discretion, contact you to propose that you test, evaluate or comment on one or more games and Services, game elements and/or downloadable Content before they are marketed or launched, in order to identify bugs and errors in the programs and/or improve their functioning (“Beta Tests”).
If you agree to test the games and Services, HOLODIA reserves the rights to ask You to sign a confidentiality agreement for each Beta Test and return it to HOLODIA before you are accredited and the software is supplied to you or made accessible.
Upon receipt of the signed confidentiality agreement, HOLODIA may then provide you with a beta version of a game or games, Content, Services and related documentation and/or any other information associated therewith, and, if applicable, authorisations to access HOLODIA’s websites (collectively known as the “Test Contents”) for the sole purpose of allowing you to test, evaluate and/or comment on the game(s).
You must perform the Beta Test personally and allow no one else to have access to the Test Contents. Beta test accounts may in no case be transferred. You will be asked to inform HOLODIA (and only HOLODIA) of your reactions and suggestions following your experience of the Test Contents in the Beta Test. All comments, feedback, suggestions, ideas, criticisms and other data (collectively referred to as the “Comments”) passed on, disclosed or offered to HOLODIA in the course of the Beta Tests, or more generally in the course of use of the Services, will be the exclusive property of HOLODIA. You therefore undertake not to exploit or publish your Comments or make them accessible by any means or process to any outside party other than HOLODIA. You acknowledge that, unless prohibited from doing so under the applicable legislation, HOLODIA may use, sell, promote and exploit the Comments in any way, without restriction and without compensation to you.
You agree and accept that the Test Contents which are supplied to you are highly confidential and/or exclusive information belonging to HOLODIA.
HOLODIA may protect certain Test Contents by incorporating technical protection measures in them to prevent any unlawful reproduction or modification of the Test Contents. In particular, each Test Content is addressed to you by name and HOLODIA may use digital tattooing (“watermarking”) processes to identify any violation of these provisions concerning Beta Tests.
Beta versions of games and more generally any Test Contents are supplied to you “as is” and “according to availability” without any explicit or implicit guarantee of any kind. You play on a beta version at your own risk. You accept that (i) the Test Contents may include known or unknown bugs and that (ii) the games and/or other Test Contents may be available only on subscription once the beta phase is completed or at any other time subsequently. You acknowledge that HOLODIA is not obliged to allow you to play free of charge for any period, nor even to authorise you to access these Test Contents. You also accept that all your data, particularly any bonuses, points, Credits, states of progress and statuses attained in the course of the game may be erased and/or reset at any time. In this case, your progress and your data will be erased and you will return to the initial status.
You agree that violation of your obligations under this section would cause HOLODIA irreparable damage and that HOLODIA would be entitled to take any action to prevent any breach or risk of a breach of your obligations or to obtain compensation for the damage it has incurred, without prejudice to the right to terminate your Account in accordance with section 16 below
At the end of the Beta Test period, or at any time when HOLODIA asks you to do so, you undertake to return immediately all Test Contents received from HOLODIA.
Nothing in these Terms may be interpreted as giving you any right or privilege regarding the Test Contents. All of the Terms apply to the use you make of the games during the beta test phase.
15 LIABILITY, INDEMNITY AND COMPENSATION
15.1 Limitation & Exclusion of Liability
You expressly acknowledge that use of the Services and games is at your own risk.
The Services are supplied “as is”, without any guarantees, conditions, warranties or other terms as to:
their conformity, accuracy, currentness, completeness, reliability or security;
their suitability for a particular use;
their market value;
the absence of interruptions or errors, bugs, viruses or harmful elements, or that errors, bugs, viruses or harmful elements will be corrected; and/or
In particular, HOLODIA does not exhaustively check Content, in particular UGC (as defined in Article 6), or the words that you or other users publish via the services, including without limitation on the Forums, or your actions within the framework of the Services.
We hereby expressly exclude:
all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
any liability for loss or damage suffered in connection with the use of the Services or any related third party service. This includes:
all losses of any kind, whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation (whether innocent or negligent) or otherwise;
consequential loss; and
Nothing above prevents claims for damage to your tangible property.
Your sole remedy in the event of a dispute with HOLODIA or its licensors is to:
cease to use the Services and terminate your Account; and
if applicable, seek damages for your losses.
HOLODIA’s liability is limited to the replacement of fee-based Content which are recognised by HOLODIA as being unusable following analysis of your claim, with equivalent Content chosen by HOLODIA.
In any event, the full liability of HOLODIA, including its Affiliates to you may not exceed the price you have paid for the Services during the twelve (12) months prior to the occurrence of the dispute.
Nothing above affects our liability for death or personal injury arising from our negligence, nor our liability for fraud or fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.
15.2 Indemnity & Compensation
You agree to defend, indemnify and keep indemnified HOLODIA and its Affiliates (as defined above), their subcontractors and Content suppliers against any claim or alleged claim, all liabilities and damages and all costs, including lawyers’ fees, following and/or resulting from a violation of these Terms for which you are responsible, or related to your behaviour on the Services.
Without limiting the generality of the foregoing, you agree to defend, indemnify and keep indemnified HOLODIA and its Affiliates in the event of inappropriate or illegal use of your Account, including in the event of illegal or inappropriate use by someone you have authorised to use your Account. You agree to be held personally responsible for your use of the Services and for all your communications and activities on the Services
HOLODIA reserves the right to take sole conduct, at its own expense, of any claim which you have indemnified HOLODIA in relation to.
15.3 The provisions of this Article 13 remain valid and in force after termination of these Terms or of your Account.
16.1 We reserve the right to terminate all or part of the Services at any time, without prior notice.
16.2 Termination of the Account or Services at HOLODIA’s 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:
we have sent by e-mail or by post a formal request to provide us proof of your credentials or to cease an action, behaviour, or breach of these Terms;
it is confirmed or We have reasonable grounds for believing that:
you do not comply with these Terms or any special condition relating to a particular Service or Services;
you are in breach of your legal or contractual obligations;
your Account has been inactive for more than six months and you do not have access to pay functions;
you use, create, share, circulate unauthorized third party programs interacting with one Service; or
for any other reason in relation to your use or actions in relation to the Services.
If you have more than one Account, we reserve the right to suspend or close all the Accounts you have opened once one has been suspended or closed under this process.
In the event of a breach of your legal or contractual obligations, we reserve the right to take legal action on grounds of civil or criminal responsibility in order to stop the breach and obtain compensation for our losses. In particular, and without limitation, we reserve the right to prosecute any User who was deliberately damaged or attempted to damage the Services or disrupted the legitimate functioning of the Services or provided assistance for so doing.
16.3 Termination of the Account and/or a subscription on your initiative.
You may terminate your Account to a particular Service or Services at any time by filling the form located at : http://support.ubi.com.
If you do not accept these Terms, you may not use the Services and you must send HOLODIA a request to terminate your Account and/or the corresponding subscriptions.
Note that there will be no total or partial refund for sums already paid for the current subscription period if you decide to end your subscription.
HOLODIA reserves the right to recover the costs, supplements and charges incurred before the termination of your Account or of a subscription to a particular Service or Services. In addition, it is up to you to pay all sums owed to other sellers of suppliers of Contents before the termination of your Account. All arrears or unpaid costs and other unresolved problems with the Services must be settled before any opening of a new Account.
Subject to compliance with the termination procedure indicated above, the termination of your Account and/or your subscription will come into force within a reasonable period of time after receipt of your letter by HOLODIA’s customer service department.
16.4 Consequences of Termination of the Account.
In the event of termination or suspension of your Account, you will lose, and HOLODIA may delete, your profile and the related information you have passed on to HOLODIA, together with any Content (including without limitation UGC) you may have published, uploaded or made available on the Services, notably, without limitation, your username and avatar(s).
HOLODIA reserves the right to store personal data relating to your profile for a reasonable period of time.
In the event of termination of your Account, you must immediately cease all use of the Services and destroy any related documentation on any medium.
In the event of termination of your Account, you will not be able to participate in the Services which require an Account again without HOLODIA’s express permission. To benefit from the Services again, contact support@HOLODIA.com.
In the event of termination of your Account or of a Service or Services associated with your Account, no credit (such as for unused Services or unused points or Credits) will be credited to you or converted into cash or any other form of reimbursement and you will no longer have access to your Account or to any right associated with your Account or the Service(s) in question (such as points, Credits, tokens or virtual objects).
17 UPDATING OF SERVICES AND TERMS
17.1 Modification of Terms
We may revise these Terms at any time for security, legal, best practice or regulatory reasons.
We will not use this right to make substantial changes to the Terms to your detriment without giving you a chance to agree.
We will inform you of any revision of these Terms by posting, on the website of the relevant Service, a notification of the revision. Any revision will come into force five (5) days after the posting of the notification. If you do not agree to the changes made to these Terms, you may terminate your Account as set out in Article 14.
You are expected to 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.
17.2 Modification of Prices and modification of Services
HOLODIA reserves the right to (i) modify the prices of the Services indicated on the websites of the Services concerned and (ii) modify a Service from a paid Service to a free to play Service. The new price applies only to orders placed after the new price (if any) has come into effect.
During your subscription, HOLODIA reserves the right, at our sole discretion, to change the price of subscriptions to our Services and/or remove the price of subscriptions to its games and Services. In this case, in addition to any other notifications HOLODIA may choose in its sole discretion, HOLODIA will indicate these modifications on the websites of the Services concerned before the change of price. The modification will come into effect only in relation to new subscription renewals.
If you do not accept this price change, you may cancel your subscription or your Account in accordance with the procedure defined in Article 16 of the Terms. Note that this cancellation must be carried out before the renewal (whether requested or tacit) of your subscription. Renewal of your subscription implies acceptance of the modified price.
17.3 Modification of Access to Services and Content
HOLODIA may modify the Content for any reason or without any specific reason, at any time, in particular for technical reasons such as updates, maintenance operations and/or resets to improve and/or optimize the Services.
Such modifications are liable to affect the Services and/or your acquired rights or result in setbacks in the game environment. The products updated or modified in accordance with this Article are subject to the limits of liability set out in Article 15 above.
17.4 Supplementary Contents
During your subscription to certain Services, we reserve the right, at our sole discretion, to make supplementary Content available to all subscribers in the form of updates.
Such supplementary Content is distinct from extensions to Services which are distributed and/or sold separately from the original Service and purchase of the original Service gives no automatic entitlement to the extension.
18 CONFIDENTIALITY AND COLLECTION OF PERSONAL DATA
Your privacy is very important to us and we will not reveal your personal data to third parties except when expressly authorised by you to do so or in special circumstances.
19 HEALTH OF VIDEO GAME USERS
19.1 We advise you to take the following precautions in all cases when using the Services, and in particular video games.
avoid playing if you are tired and/or short of sleep;
make sure that you play in a well lit room and adjust the brightness of your screen;
when you play a video game requiring connection to a screen, play at a good distance from the screen and as far away as the connection lead allows; and
take breaks of ten (10) to fifteen (15) minutes every hour.
19.2 Epilepsy Warning:
Some individuals are liable to have epileptic fits including, in certain cases, loss of consciousness, particularly when exposed to strong luminous stimulations (rapid succession of images or repetition of simple geometrical figures, flashes or exposures). Such individuals are exposed to risks of fits when they play certain video games containing such luminous stimulations and should consult their doctor before any use of the Services.
Parents and legal guardians must also pay particularly close attention to their children when they play video games. If you or your child present any of the following symptoms: dizziness, vision problems, contraction of the eyes or muscles, disorientation, involuntary movement or convulsions or momentary loss of consciousness, you or they must immediately stop playing and consult a doctor.
20 SOFTWARE, UTILITIES AND TOOLS
20.1 The Services are optimized for a screen resolution of 1024 x 768 pixels. HOLODIA reserves the right to optimize any one of its Services for any other resolution and/or browser.
20.3 Computer software and peripherals are not compatible with all computer platforms and media and the performances of the HOLODIA Software and the related Services may vary depending on your computer and other equipment.
20.4 HOLODIA may from time to time supply you with updates or modifications of the HOLODIA Software. Updates and modifications may be necessary in order to be able to continue to use the HOLODIA Software and the Services.
20.5 Your web browser may be configured to prevent the display of pop-up windows. Certain Content is displayed in pop-up windows. To optimize use of the Service, make sure you deactivate any pop-up window blocking function.
22.1 Titles and Headings
Headings in these Terms are intended solely to facilitate reading and understanding and shall not affect the interpretation of these Terms.
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 were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable to reflect HOLODIA’s initial intentions.
22.3 No Waiver
No failure or delay by HOLODIA 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.
Waiver of a right or remedy may be considered to have taken place only after signing of a written statement to this effect by HOLODIA or by the User.
22.4 Entire Agreement.
Each party agrees that the only rights and remedies available to it arising out of or in connection with a Representation shall be for breach of contract.
You should add this page to your browser bookmarks and consult this site regularly to find out about any updates to the Terms.
Nothing in this Article shall limit or exclude any liability for fraud or fraudulent misrepresentation.
22.5 Law and Jurisdiction
These Terms and your Account and any disputes or claims arising out of or 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 Switzerland.
You irrevocably agree that the courts of Switzerland have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the Terms or their subject matter or formation (including non-contractual disputes or claims).
22.6 Force majeure
HOLODIA shall have no liability under these Terms if it is prevented from, or delayed in, performing its obligations or from carrying on its business by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of HOLODIA or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors
For any question concerning these Terms, you may contact HOLODIA at the following address: support@HOLODIA.com
THESE TERMS ARE APPLICABLE ONLY TO THE EXTENT AUTHORISED BY LAW.
Terms and Conditions of Purchase & Returns Policy
Welcome to Holodia's website, which is the property of Holodia AG Switzerland. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our 'HOLOFIT Software Service Subscription Terms & Conditions', our 'HOLOFIT Terms of service and end user license agreement ("EULA")' and our 'Privacy & Terms' govern Holodia's relationship with you, and in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.
Terms of Sale
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
In order to contract with Holodia you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Holodia retains the right to refuse any request made by you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
(a) Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming your order. All sales are final.
We sell 3rd party hardware, listed as HOLOFIT Mobile, HOLOFIT Go or Cadence Sensor. We serve as distributors of the hardware and take no responsibility for hardware specifications, warranties, return and refund policies of different third party hardware producers. Any warranty, return and repair requests will be dealt by the 3rd party hardware producers (or their distributors) directly.
We also sell own software solution, and the accompanying membership subscription. We take full responsibility for any software refunds, repairs, support.
(b) Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.
Your card will be debited when you make an order.
d) Returns & Refunds
Any issues with the Product(s) should be reported within 7 (seven) days upon delivery. If an issue occurs later during use please report it immediately to firstname.lastname@example.org in order to start the Return and Repair process.
If a 3rd party produced hardware is non-functional please contact us to arrange a return and replacement of the product. All 3rd party provided hardware products are under manufacturer's warranties for the first 12 months.
We will do our best to expedite the repair and return of the faulty product, times may wary depending on your location and current manufacturers' supply abilities.
All sales are final.