TERMS AND CONDITIONS OF USE

Version of July 18, 2019

The company FRIDGE GAMES, a limited liability company, registered in the Tours Trade and Companies in France under number 804 547 032, whose registered office is located at 16 rue du Marquis de Racan 37540 Saint Cyr sur Loire, operates an internet site available at www.naicaonline.com (hereinafter referred to as « the Site »), on which FRIGDE GAMES presents a video game in development called « NAÏCA ».

These terms and conditions of use define the conditions of use of the Site.

By accessing the Site, the User, defined as any person visiting the Site and/or who have created an account on the Site, undertakes to respect the provisions of the present terms and conditions. Otherwise, the User undertakes to leave the Site.

FRIDGE GAMES provides a copy of the present terms and conditions on a durable medium downloadable on the Site, but also when the User creates its account on the Site, which any User acknowledges and agrees on. The User also agrees on receiving any information regarding the implementation of the present terms and conditions by email.

1. Intellectual property

The entire Site and its content, including the trademarks, logo, images, drawings, models, texts, photography, graphical charter, databases, software, video game, sounds, music, the script are the exclusive, full and entire property of FRIDGE GAMES. Any reproduction, representation, diffusion, exploitation, modification, translation, marketing, and more generally any use of any element of the Site, of any part of the Site or of the video game or any part of the video game, is strictly prohibited.

Access to the Site confers no right to the User whatsoever.

The name « NAÏCA » is protected and is the property of FRIDGE GAMES. The user undertakes not to register a similar or identical name as trademark.

The User shall not do any act of infringement, unfair competition or parasitism toward FRIDGE GAMES.

Image credit : Thiebault Courot, Gregory Guilhaumond.

2. Personal data

The User is informed that personal data he provides when he creates his account or on the Site, are subject to a treatment made by FRIDGE GAMES, as data controller, for administrative or commercial purposes or to make statistics, and also to respond to User’s demands. The recipient of the data is the company FRIDGE GAMES. Personal data are stored for a duration of three years as you are prospects. You are informed of the right to request from FRIDGE GAMES access to and rectification or erasure of personal data or restriction of processing concerning the data subject or to object to processing as well as the right to data portability, by sending a registered letter returned receipt requested to : FRIDGE GAMES – Personal data service – 16 rue du Marquis de Racan 37540 Saint Cyr sur Loire. You have the right to make a claim to Commission Nationale de l’Informatique et des Libertés (CNIL) in France, 3 Place de Fontenoy - TSA 80715 - 75334 PARIS CEDEX 07 – phone number : 01 53 73 22 22. You have the right to set guidelines for the fate of personal data after your death. FRIDGE GAMES implements appropriate technical and organizational measures to ensure a level of security appropriate for the data.

If the User gives his consent, FRIDGE GAMES will send to the User a newsletter or offers related to the video game NAÏCA, electronically, sent to the address mentioned by the User on the Site. If the User does not wish to receive newsletter or offers anymore, he may at any time oppose it by clicking a web link provided for this purpose on the email containing the newsletter or the offer.

The User is informed that cookies are used to enable the navigation on the Site taking into account the User’s identity and historic of internet browsing. The User may refuse the presence of cookies by clicking on the banner that opens when it arrives on a page of the Site allowing the installation of cookies. The pursuing of the navigation on the Site means that the User agrees to the deposit of cookies on his machine.

The User undertakes to update his personal information, so that they remain truthful.

3. Discussion forum

From the Site, the user can access a discussion forum accessible at the address https://forums.naicaonline.com/.

FRIDGE GAMES has host status under the 2004-575 French Digital Economy Trust Act of 21 June 2004 and is not the publisher of content posted on the forum by Users. FRIDGE GAMES is not liable for the contents posted on the Site by Users.

It is strictly forbidden to post illegal content or that would infringe the rights of third parties, or to engage in illegal activities on the Site. Failing that, the Guilty User will have his account immediately closed by FRIDGE GAMES, once FRIDGE GAMES becomes aware of it, and may be subject to civil and criminal proceedings.

In particular, it is strictly forbidden to post on the Site:

  • advertising content,
  • content promoting a professional activity or any other activity,
  • illegal content, including infringing, homophobic, inciting hatred and violence, including inciting sexual and gender-based violence, insulting, child pornography, defamatory, promoting crimes against humanity, inciting racial hatred and pornography, insulting, denigrating, inciting acts of terrorism and condoning, inciting hatred against people on the basis of their gender, sexual orientation or gender identity or disability incitement to sexual and gender-based violence, which violates human dignity.

The User is informed that any user can leave comments on the discussion forum for free. FRIDGE GAMES does not moderate any of these contents. FRIDGE GAMES, however, provides the User with a free feature, on every notices, which allows those who are the subject of an online notice to report doubts about the authenticity of this notice, provided that this reporting is motivated. Any User can also report inappropriate or illegal content. Opinions are arranged in chronological order. Notices are kept and can be deleted at the request of the User.

All Users are invited to promptly inform FRIDGE GAMES of any illegal content that he is aware of on the Site, so that FRIDGE GAMES takes the necessary steps to:

  • promptly remove illegal content or even the account of the person who posted illegal content,
  • and inform, if necessary, the public and judicial authorities responsible for the conduct of the prosecution.

To do this, the User will have to click on the link provided for this purpose on the Site.

4. Liability

FRIDGE GAMES disclaims all liability for the content of sites accessed via hyperlinks on the Site and shall not be held liable for any damage suffered by the User in connection with the use of third party sites.

Though FRIDGE GAMES makes every effort to make available to Users reliable information, FRIDGE GAMES can not guarantee its accuracy or completeness. The information contained on the Site are provided as is and does not contractually bind FRIDGE GAMES, which assumes no liability regarding the use of the information on the Site by a User.

FRIDGE GAMES also reserves the right to perform maintenance on the Site, at its sole discretion, which can lead to downtime of the Site, and shall not be held liable in this regard.

5. Respect of branding

The User shall not libel or slander FRIDGE GAMES.

6. Modifications of the terms and conditions of use

FRIDGE GAMES reserves the right to change, at any time and at its sole discretion, the present terms and conditions. The terms and conditions applying are those contained on the Site at the time the User accesses the Site or creates an account. They supersede all previous versions of the terms and conditions of use.

7. Hypertext link

The insertion of a hypertext link to the Site requires obtaining the prior written consent of the FRIDGE GAMES. In any case, the link should only point to the home page of the Site.

8. Convention on proof

The User acknowledges and agrees that the information contained in the computer systems of FRIDGE GAMES have the same probative value as paper documents, regarding the acceptance and implementation of the present terms and conditions and the relationship between FRIDGE GAMES and the User. Archiving of electronic documents is made ​​on a reliable and durable medium which can be produced as proof.

9. Translation of terms and conditions

The present terms and conditions are established in French and in English.

In case of inconsistency or contradiction between the French version of these terms and conditions and the English version, the French version shall prevail in all its provisions.

10. Limits of the internet

The User acknowledges having knowledge of the characteristics and the limits of the Internet, the possible presence of viruses, the potential loss of data and possible misuse of User's data due to piracy. The same applies in case of difficulties of access to the Site or malfunction of the Site, including related to piracy. Given the characteristics of the Internet, FRIDGE GAMES disclaims all liability in particular in case of viruses, computer failure, data loss or unavailability of the Website.

11. Applicable law

These terms and conditions shall be exclusively subject to French law.