General conditions of use of the Service

Preamble

The Playin'TV Internet portal (hereafter referred to as "the Site"), published by the company Visiware S.A. (hereafter referred to as "the Company") and available at the website address: www.playintv.com, is made available to you under certain conditions which you undertake to accept. The Company offers a wide range of online services via its Internet site among which in particular, communication tools, forums, context-based and personalized content and commercial services (hereafter collectively referred to as "the Service"). The conditions of use may change and we recommend that you consult these each time you visit the site.

Description of the Service

Playin'TV is a service published by Visiware S.A., RCS Paris RCS 395 132 947 000 31, with its head office at: sis 2 rue Troyon, 92310 Sèvres Cedex, France. The Playin'TV "Rankings and Competitions" site is designed to provide a rankings and game competitions service for games it publishes on various platforms such as TV, Internet, telephone or mobile phone. By accessing the Service, the User is subject to the general terms and conditions of service provision governed by French law, and which the User undertakes to accept.

Company liability

Service provision The Service is provided to you "as is" and the Company cannot accept responsibility for the timeliness, deletion, misdelivery or failure to store any content, user data, communications or personalized settings. Relationships with vendors, links to third party sites It is understood that any correspondence or commercial relationships with the vendors found via or on our Service, are conducted between you and the vendor, the Company remaining a third party in this relationship. The Company cannot therefore be held responsible for any losses or damages arising from this relationship. The Service may also supply, or third parties may include, links to other websites or other Internet sources. As the Company does not publish these sites or these external sources, it is understood that the Company is not liable for the availability of such sites and external sources and cannot assume any responsibility relating to content, advertising, products, services or any other material available on or via these sites or external sources. It is also understood that the Company is not liable for any subsequent actual or perceived damages or losses, through either the use of, or the fact of having trusted the content, goods or services available at these sites or external resources. Damages The Service is provided to you "as is" and the Company cannot accept responsibility for the timeliness, deletion, misdelivery or failure to store any content, user data, communications or personalized settings. Games - competitions All the games in which you can participate and which the Company makes available on this Site are subject not only to these conditions of use, but also to specific jurisdiction. The Company is not liable for any games/competitions in which you may participate that are not published by the Company, but which can be accessed via links or advertising.

Conditions relating to the User

Responsibility for content The Site must be used solely for legal and legitimate purposes. Therefore, in particular, it is prohibited to broadcast, distribute or store any material of a threatening, obscene, defamatory, injurious or otherwise reprehensible nature, or which is considered harmful to persons under 18 years of age. All the information, data, text, software, music tracks, sounds, photographs, images, videos, messages and any other material (hereafter referred to collectively as “the Content”), whether made available publicly or transmitted privately, are the sole responsibility of the individual broadcasting such Content. The Company, in its capacity as a host or an access provider, exercises no control over the Content broadcast or transmitted by Users via the Site and its civil or penal responsibility cannot be engaged as a result of Content being transmitted or stored on its electronic communication networks, unless it was aware of the illegal nature of such Content. In the scope of its activities, the Company’s civil or penal responsibility cannot be engaged as a result of Content being transmitted over the electronic communication networks in accordance with the French law on trust in the digital economy published in the official journal (Loi pour la confiance dans l’Economie Numérique) no. 143 dated June 22, 2004: (i) if the Company had no knowledge of the illegal nature of the data or (ii) if the Company acted promptly to withdraw such data or to render access to the data impossible in accordance with the ensuing judicial injunction made against it in such event. Apart from the cases covered by the aforementioned law, you guarantee the Company against any action, appeal or claim made by a third party against the Company relating to Content. Intellectual property Any representation or reproduction of any elements contained on the Site without the authorization of the holders of the rights or the beneficiaries is illegal and constitutes an infringement that may give rise to legal proceedings. Authorization is granted solely for copies for private use which are not for the purposes of shared use. All the logos, trademarks and distinctive signs present on the Site are also protected by intellectual property rights and remain the exclusive property of the Company or its partners.

Changes to the Service

The Company reserves the right to change, interrupt, either temporarily or permanently, all or part of the Service, and to move or remove any content.

Policy regarding minors

The services provided on the portal are targeted at the general public; it is the responsibility of parents or legal guardians to determine which service may or not be suitable for their child/children under 18 years of age and to monitor their utilization of such service.

User support

Our customer services department can be contacted either by email at: info@playintv.com, or you can write to us at: Playin'TV c/o Visiware, 2 rue Troyon, 92316 Sèvres Cedex France, or you may contact us under the heading "Contact" on this site.

Personal data

By using this service, you agree to supply true, accurate, current and complete information pertaining to you. The Company may collect certain items of data relating to you that identify you by name. This data will be utilized by the Company and by other companies within the group and may be used to carry out direct marketing operations relating to the services offered by the Company and may also be communicated to the Company’s business partners. In accordance with current legislation, the Company guarantees the security of any personal data collected. No personal information can be supplied by persons under 18 years of age, unless with the prior consent of a parent or legal representative. In accordance with the stipulations in the French law concerning digital data privacy law (Informatique, aux Fichiers et aux Libertés), dated January 6, 1978, you reserve the right to access, amend and delete any information that relates to you. You also reserve the right to refuse the transfer of such information to third parties. Persons wishing to exercise these rights may do so by sending a written request to: Visiware, Product and Marketing Department, 2, rue Troyon, 92316 Sèvres Cedex France. The Company may also be asked to cooperate, within legally permissible limits, with any public entities that may monitor the information broadcast on the Service.

"Cookies"

We may use cookies within the scope of the services available on playintv.com. The data collected allows us in particular, to improve the quality of our Services. Cookies are files stored on your computer’s hard drive while you are browsing the Internet. A cookie does not allow us to identify you by name; however, it stores information on your browsing habits on playintv.com which may be read directly by our servers during your visits and future utilization of playintv.com (such as, for example: the pages you have visited, or the date and time of the visit to such pages). We generally use these cookies for example, to obtain statistics for measuring our market share or to analyze your browsing habits on playintv.com to ensure that we provide the best possible service to our Users. You can set the receipt of cookies on your computer’s hard drive via your browser. By changing the browser settings on your computer you can therefore select to accept all cookies, to activate a cookie-alert feature or to block all cookies. You can also regularly delete cookies stored on your hard drive. If you decide to refuse all cookies, you may have only limited access to certain playintv.com services when browsing our site or, in some cases, access to some areas will be impossible. When you access vendor sites on playintv.com by clicking on their advertising banners or links, or when you view these advertisements when visiting our sites, cookies may be generated by the companies broadcasting such advertisements. For more details, we recommend you consult such vendor sites direct to view their policy regarding use of such cookies.

Applicable law and competent court

These conditions of use and the relationship between you and the Company will be subject to French law and any dispute that may arise which cannot be resolved in an out-of-court settlement will be brought before the courts in accordance with the normal rules of jurisdiction.