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Terms and conditions
Published July 14, 2018
Last update : August 6, 2018
DJEANIUS – USER CONDITIONS
To avoid any misunderstanding as to legal rights and obligations of the users and the services offered by Djeanius Divertissement (hereafter referred to as “Djeanius” or “We”), Djeanius has established these terms and conditions (hereafter referred to as “Conditions”).
About these conditions
1.1. The present conditions apply when you download the Mysterius App (hereafter referred to as the Application or the App) or when you access them through a mobile device or any other electronic device (hereafter referred to as "Mobile device") including also all games playable through the App. (hereafter referred to as "Games");
1.2. The present Conditions apply as well to any service We offer through our App and its Games, like chat rooms, forums, community exchange platforms, websites (www.djeanius.com) (hereafter known as Services). The present Conditions are a binding legal agreement that contains important information about your rights and obligations while using the App, its Games and other Services offered;
1.3. If you do not accept these Conditions or updated versions of these Conditions, you should not use the App and must cease and desist the use of the Services immediately;
1.4. These conditions must be read along with our Confidentiality policy ( politiqueconfidentialite) and our Cancellation Policy (www.djeanius.com/politiquecancellation), since it also governs the use of our Services and are part of a whole.
2. Account Creation
2.1. If you wish to use certain parts of our Services, you need to create a user account through our Services (account).
2.2. You can create an account by (a) using one of your email addresses as a user name along with a password of your choice, which must respect certain conditions explained in the App upon account registration, (b) by using third-party accounts (Google+, Facebook, etc.), if available. We will create an account by extracting certain personal information from third-party account (such as your email address, photos, etc.) as authorized by the confidentiality settings you have selected for these third-party accounts.
2.3. It is important that you provide us with accurate and complete information and that you update when there is any change. In the event information is falsified, we could suspend or cancel your account. You agree not to divulge your password at any time and notify us right away if someone access your account without your authorisation. You are, however, responsible for all the activities made through your account with or without your knowledge or consent.
3. Rights Concerning the Application
3.1. Upon conditions that you respect these Terms and Conditions, Djeanius Divertissement grants you a limited, non-exclusive, non-transferable, non-binding and revocable licence to download and install a copy of the Application on a Mobile device in order to run the App for personal and non-commercial use only. With the exception mentioned in these Terms and Conditions, you may not: (a) copy, modify or create any work inspired by the App; (b) distribute, transfer, give, rent, lend or forfeit the App to a third party; (c) reverse engineer, take apart and disassemble the app; or (d) make the app available to other users through any means conceivable. Djeanius Divertissement reserves all the rights in relation with the Application even those not mentioned in these Conditions.
Additional Conditions for Apple Store Users
(All legal information regarding Apple Conditions and Policies can be find at
3.3. If you accessed the Application or downloaded it through the App Store or a distribution service (such as the Apple Store, Google Play, etc.) (each known as App Provider), you then agree to:
These Conditions are part of an agreement between you and Djeanius Divertissement only and not with an Application provider. Djeanius Divertissement is the sole responsible party for this Application.
The Application Provider is in no way obliged to maintain, manage or offer assistance concerning the App.
If one of the warranties concerning the Application is not respected, you can notify the Application Provider in order to be reimbursed the price of purchase of the Application (if applicable) and within the limits set by the law, the Application Provider will not have any other obligations or responsibility concerning the Application. All other claim, loss, responsibility, damage, cost or expenses due to any shortcomings or defects from the Application is under the sole responsibility of Djeanius Divertissement.
The Application Provider cannot be held responsible to solve any claims from the user or a third party concerning the Application your possession or use of the Application, including but not limited to: (i) claims concerning the products itself; (ii) claims that the Application does not conform to legal standards and regulations in place; (iii) claims relative to consumer protection or similar laws.
If a third party alleges that the Application or your possession of the Application breaks an intellectual property law, Djeanius Divertissement will be the sole responsible party for the investigation, defense, solution and settlement for any infraction concerning intellectual rights as set forth in these Conditions.
The Application Provider and its affiliates are third party beneficiaries according to these Conditions for your Application licence based in the acceptance of the Terms and Conditions, the Application Provider can (and is taken for granted it has accepted the right to) force you to respect these conditions as third party beneficiaries.
You must also respect all the Conditions of third-party service providers valid during the use of the Application.
You agree to respect all the American and World laws and regulations concerning exportation in order to ensure that the Application or its technical data or any direct or indirect product importation or exportation are in no way violating such laws and regulations or used contrary to these laws and regulations. By using the Application, you guarantee that: (i) you do not have residence in a country under an embargo from the United States Government or in a country considered by that government to encourage terrorism; and that (iii) you are not on a list of forbidden or limited parties by the United States government.
4. Access and Use of our Services
Game rules and recommendations of the game can be consulted directly in the Application. The aforementioned rules and recommendations are part of the Conditions and you agree to abide by them, when you access or play the Games.
You are responsible for your own Internet connexion or data usage which may be billed to you while consulting or using the Application or its Services. In case of doubts concerning these fees, ask your Mobile Device or Internet service provider before using the App.
Our services may at times be partially or completely unavailable, for maintenance or technical issues either planned ahead or for unforeseen events.
5. Content and Rights Relating to the Content
5.1. In order to apply these Conditions: (a) The “Content” refers to texts, software, scripts, illustrations, photos, sound, music, videos, audiovisual mixing, interactive functions, copyrighted material published, generated, provided or otherwise available on the Services; and (b) the “User Content” refers to all content available from the account holder (including you) while using the Services. The Content includes but is not limited to the user content.
5.2. As you accept these Conditions, Djeanius Divertissement grants you a personal, non-commercial, non-exclusive, non-transferable, non-sub-transferable and revocable licence to download, watch, post and use the Content to use the authorized Services only.
5.3. Djeanius Divertissement does not claim any ownership about the User Content and nothing in these Conditions can claim to restrain the rights you have to use and exploit your own User Content. Under what has previously been stipulated, Djeanius Divertissement exclusively holds all rights, titles and interests in the Services and Content, including the Content protected under copyright laws and other intellectual property laws. You agree not to delete, modify or hide any copyrighted material, trademark or other symbol or logo related to Djeanius Divertissement, including notices of rights and ownership integrated or accompanying the Services and Content. You agree not to divulge to anyone, except as part of the games, any clues, conclusions or intrigues which you have been made familiar with personally or in any other way.
Rights you Surrender
5.4. By making the User Content available through the Services, you give Djeanius Divertissement a universal authorization, perpetual, gracious, non-exclusive, revocable, transferable, sub-transferable licence to use, copy, modify, create other material inspired by, to display or present publicly, to broadcast, to operate a business, or to provide Services to you or the owner of the account. You are the sole responsible for the User Content and you confirm you have all the necessary rights to grant Us rights and licence concerning your User Content and that you possess all the necessary rights to give us the rights to use your User Content according to these Conditions. You guarantee as well that your User Content will not break any laws and will not go against the copyright laws or intellectual property of any third party or their rights to privacy, protection of their personality, nor will it violate any laws or regulations. Djeanius Divertissement can, at its sole discretion, without prior notice and at any time, reject or delete any User Content that it deems inappropriate or that, in its opinion, violates these Conditions.
6. Game Coins and Paid Services
6.1. The Application allows the purchase of virtual currency (“Game Coin”) and the use of these Game Coins to buy certain Services, for instance, access and play certain games that We provide to be played through the Application (“Paid Services”). The purchase of these Game Coins is reserved to the holder of the accounts who (a) are more than 18 years of age; or (b) aged 16 or 17 and have obtained parental consent to purchase the Game Coins. Parents of minors aged 16 or 17 can look up the iOS and Google Play settings in order to limit the in-app purchases and control or manage the use their children make of Applications and Game Coin purchases.
Game coin Purchases
6.2. Game Coins are a type of Content and as such, their purchase only grants you a limited, non-transferable, non-sub-transferable, and revocable licence to use this virtual currency to access Paid Services and to buy them for your own personal use and non-commercial use of Services. You acknowledge that you cannot own any proprietary rights concerning these Game Coins or virtual Services or any other Content; Game Coin balance does not give any monetary value or invested value of any kind. You accept that the Game Coins do not have any monetary value and are not a real currency or represent any temporal worth. Game Coins can only be exchanged for Paid Services and cannot under any circumstance be sold, transferred or exchanged for real valid currency or other services from Us or any other entity or person. You also agree to get Game Coins only from Us and through the means that We provide and not through intermediary, third parties or other interface or Services unless specifically permitted by Us to do so. Once you have obtained a licence to get Game Coins, you cannot exchange or transfer them to someone else or to another account unless this is made possible through our own Services or by using our Application or a method previously approved by Us. We can cancel the Game Coins or Paid Services that have been transferred or exchange in violation of these Conditions. Such a sale, transfer or exchange (or attempt to do so) may lead to blocking your account or to revoke it at Djeanius Divertissement’s discretion.
6.3. Throughout the lifespan of your Game Coin licence, you are allowed to exchange them for selected Paid Services. The price and availability of Game Coins and Paid Services are subject to change without any prior notice. We reserve the right to change or update our prices and inventory of Game Coins and virtual Services at any time and without prior notice or responsibility on our part.
6.4. As stated below, Game Coins, Paid Services and other Content provided as is and without any warranty. With the exception mentioned in the Cancellation Policy, you agree that all Game Coins or Paid Services sales are final, and We will not allow any exchange nor reimbursement of these once the transaction has taken place, even if they were never used.
6.5. We reserve the right to control, manage, modify and delete Game Coins without any responsibility on our part.
6.6. You are not authorized to buy Game Coins from no one else except from Us or our affiliates and partners.
6.7. The billed price for a Game Coin purchase corresponds to the price marked on the App at the time of purchase, except in case of an error.
6.8. Taxes are payable as indicated in the App at the time of payment.
6.9. Depending on your bank, additional fees and taxes may apply. We have no power over these and reject all responsibility associated with this.
6.10. If you have any doubt concerning these additional fees or taxes, We advise you to ask further information from your bank before making an in-app purchase.
6.11. We accept payments made through our partners and by credit cards.
6.12. Our partners can have their own user conditions of use and it is advisable to consult them in order to accept or reject them before making any payment.
6.13. If your transaction is not validated by our partners, your purchase will not be accounted for.
6.14. Your purchase will be added to your account as soon as possible after the transaction has been validated. Every effort is made to reduce the waiting time for validation and synchronisation of purchases with your account as much as possible.
6.15. Depending on the platform used (Google Play, Apple Store, etc.), every Game Coin purchased through the platform providers will be subjected to the terms and user conditions of the aforementioned provider, conditions which will take precedence over these Conditions. These Conditions will remain applicable, but subject to the necessary adaptation. Unless otherwise indicated, the Content available in a game will be subjected to the same age constraint as the game itself.
Additional Clause for Users Outside Canada
6.16. Game Coins and Paid Services can only be bought and held by residents of a country where access to the Services and their used are authorized. If you live within the European Union, you have certain rights pertaining to retraction of online purchases. Please note that your retraction rights are void once a Game Coin transaction through our Services has been completed. You accept that (a) virtual money purchase implies the immediate download of that content; and (b) you lose your retraction right once the purchase has been finalized. If you live within the European Union, We will give you an invoice when the law states that We must do so or upon written request from you. You accept that these invoices are sent electronically.
7. Conduct, General Restrictions and Enforcement Rights
7.1. You acknowledge you are responsible for your own conduct and for all User Content you use and produce while using these Services as well as anything unfolding from its use. You agree not to do the following (but not limited to):
defame, abuse, harass, hurt, stalk, threaten or otherwise violate legal rights (including rights pertaining to identity and personality protection or right to privacy);
Download, publish, forward by email or make available any illegal content, inappropriate, defaming, obscene, pornographic, vulgar, offensive, fraudulent, false or any message that is untrue or libelous;
Promote or do discriminatory actions, intolerance, racism, hatred, harassment of an individual or group;
Enter, or try to penetrate or gain access to Content for which you are not allowed or entitled to;
Violate, encourage any actions which may violate laws or rules applicable;
Download, publish or make otherwise available commercial messages or publicities and other disrupting communications;
Usurp an identity, make untrue statements about connections to another person or entity;
Promote or give instructions concerning illegal or damageable activities or substances;
Promote or participate in physical damage, violent acts or anything that could cause injuries to a group or individual;
Transmit viruses, defects, Trojan horses or other destructive elements;
Transmit false or falsified, erroneous or inappropriate data, corrections, suppress corrections;
Publish, download, divulge, submit or transmit any content which contravenes, goes around or violates the patent, copyright, trademark, commercial trade secrets, moral rights and other intellectual property rights or rights to privacy, personality of third parties;
User, publish, mirror or make yours and Services or individual element from these Services, using the name Djeanius Divertissement, all trademark of Djeanius Divertissement, their logo, or any other exclusive information, or disposition and conception of any page or form found on Our website without explicit written consent by Djeanius Divertissement;
Access, alter or use the non-public domain of Djeanius Divertissement or its IT systems;
Try to probe, scan, test the vulnerability of the system or network of Djeanius Divertissement or to violate any security authentication measure;
Avoid, go around, delete, deactivate, alter, unscramble or otherwise go around any technical measure installed by Djeanius Divertissement or one of its providers or any other third party or provider involved with Djeanius Divertissement (including other users) in order to protect the Services or Content;
Try to access or reach Services or content or download content from the Services through any means or technology provided by source other than by Djeanius Divertissement or other third-party Web browsers generally available (including but not limited to software, crawlers, bots, spiders, data exploration tools, hacks, tools, agents or any other device);
Extract, catalog, explore, copy, mirror the Services or Content or a part thereof (including but not limited to the Djeanius database and other information concerning game users);
Use the metatags or any of the masked text or metadata using the trademark of Djeanius Divertissement, the logo, the URL or the product name without the explicit written consent of Djeanius Divertissement;
Falsify the headings of TCP / IP packets or any part of the information in the headings or electronic display destined to a newsgroup or any other way to use the Services or Content to send information allowing identification of altered, misleading or false;
Try to decipher, decompile, disassemble or inverse engineer the software conception used to provide Services or Content;
Impede or try to impede access to any users, host or network, including not limited to sending a virus, overcharge, flooding, spamming or sending massive emails to the Services;
Take all necessary measure to cause an unreasonable or disproportionate charge on the Services or infrastructure of Djeanius Divertissement;
Suppress, hide, modify in any way whatever attribution, warning or connexion appearing in the Services or Content;
Use the Services or Content, or any part thereof for commercial purposes or for the benefit of a third party in a way that is not authorized in these Conditions including but not limited to (a) collecting Application articles and resources for the sale outside of these, (b) enforcement of services in the Application in exchange for payment outside of the app, or (c) the sale, resale, rent or loan of the Application or your account.
Collect or store personal information identifiable, from the Services, of other users without their explicit authorisation;
Violate all applicable laws or regulation or;
Encourage or allow others to do anything listed above.
7.2. Even though we are not under the obligation to watch access to Services and their use, or to edit or modify any Content, We have the right to do so in order to exploit our Services in order to respect these Conditions and to conform to applicable laws or other legal requirements. We reserve the right, but are under no obligation to, delete or deactivate access to any Content without prior notice, including but not limited to and our only discretion, if We evaluate these as unreasonable or violating the Conditions. We reserve the rights to investigate any of these violations or behaviour which may affect the Services. We can also consult and cooperate with police forces in order to sue users who infringe any law.
You can communicate any retroactions, comments and suggestions (“Feedback”) to improve the Services by writing to us at firstname.lastname@example.org. We give us a universal, perpetual, gracious, non-exclusive, revocable, fully paid, transferable and non-sublicensable authorisation according to rights to intellectual property that you own or control to use, copy, modify, create by products inspired or exploited in anyways following your Feedback.
9. Links towards Websites and Third-Party Resources
The Services, including the Application, may contain outside links towards other resources or third parties. We provide these links for your benefit only and we are not responsible for its content, the products or services available on or from these sites, resources or links posted. You acknowledge the sole responsibility and take all the risks arising from your use of the websites or resources of third parties.
10.1. We can, at our sole discretion and without prior notice, terminate, suspend or delete your account and your access to your Game Coins, virtual Services including, if (a) your account is inactive (which means it is not used or connected) for a year; (b) you do not respect these Conditions; (c) we suspect you committed a fraud or misused your Game Coins, Virtual Services or any other Content; (d) We suspect you of any other illegal activities conducted through your account; or (e) We act to protect the Services, our systems, Applications, one of our Users or the reputation of Djeanius Divertissement.
10.2. You can cancel your account at any time by sending a request using the email address associated with your account by email at email@example.com. In the event your account is deleted, or Services are interrupted, these Conditions will remain valid under reserve of the required adaptations.
10.3. For instance, the following chapters will remain active: About these Conditions, Cancellation, Notice of Arbitration, Content and Rights related to Content, Rights concerning the Application, Game Coins and Paid Services, Effect of the cancellation of an account on the remaining Game Coins, Feedback, Exoneration of Warranties, Compensation, Limitation of Responsibility, Dispute resolution and General Conditions;
11. Effect of Cancellation, termination or Suspension of an Account
11.1 We are under no obligation nor do we have to reimburse you for any Game Coins lost or not used according to the cancellation, termination or suspension of an account. You acknowledge that Djeanius Divertissement is not under obligation to provide any reimbursement for any given reason and you will not receive any money or any compensation for Game Coins or Paid Services that are not used when an account is closed whether to termination of the account was voluntary or not.
11.2. We have the right to offer, modify, eliminate and/or put a stop to Game Coins and/or to the Content and/or to the Services in totality or in part at any time and this without prior notice or any responsibility to you on our part. In the event when we would cease the use of Game Coins or Paid Services, We will let you know at least 30 days in advance by publishing a notice on our Site or on the Application or by any other means of communication.
12. Modification of Conditions or Services
We reserve the right to modify (update) these Conditions or Services at any time. We will let you know by publishing the updated Conditions on our Website or Application. It is important to take note of the updated Conditions; if you continue to use these Services following an update on our Website or Application, you agree to be bound to these updated Conditions. If you do not agree to be bound to these modified Conditions, do not use the Services. We can modify or delete all or any part of the Services at any time and without any prior notice. All updates to Conditions published are immediately applicable to all users of our Services.
13. Playing safely
13.1. In the course of a game, it is important to play safely and being aware of our surroundings. You agree that the use of the Application and its Games are at your own risks and that all prejudice, including injured that could come in the course of the use of our Services, fall entirely under your responsibility unless it is caused by a major error on the part Djeanius Divertissement.
13.2. You also agree not to use the Application in a hazardous way or with the intent to break any laws, rules or regulations (including and not limited to, intellectual property rights), and agree not to encourage or allow anyone else to inflict emotional harm on others, humiliate others (publicly or privately), threaten, assault, nor enter a private property without authorisation, neither will ye usurp someone else’s identity or falsely represent someone else, nor to take part in any activity which may cause injury or death or cause material damage and/or be responsible at any level.
13.3. You agree that every suggested action within the Games doesn’t coerce you in any way into making any real-life action on your part, and any direction given should not be interpreted as an encouragement to infringe the present Conditions.
13.4. Respecting the limits authorized by law, Djeanius Divertissement rejects all responsibility pertaining to material damages, injuries or death that may happen relating to the use of our Services, including claims from the violation of any rule or law or from negligence on your part or any other presumed criminal acts. Furthermore, in the event where you would face a litigious with one or many Djeanius Divertissement users (and our managers, administrators, shareholders, agents, affiliates and employees), known and unknown, foreseen or unforeseen, declared or not, resulting from these litigious cases or being bound to them.
14. Warranty Disclaimer
14.1. WITHIN THE LIMITS ALLOWED BY THE LAW, YOUR USE OF THE APPLICATION AND ITS SERVICES IS OFFERED WITHOUT ANY LEGAL GUARANTEE AND AT YOUR OWN RISKS. THE SERVICES AND CONTENT ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTIES OF ANY KIND.
14.2. WITHOUT LIMITED ANYTHING WRITTEN ABOVE, DJEANIUS DIVERTISSEMENT EXPRESSLY REJECTS ALL WARRANTY OF MERCHANTABILITY, FITNESS TO RESPOND TO A PARTICULAR USE, PEACEABLE ENJOYMENT OR OF CONFORMITY AND OF ANY WARRANTY ATTRIBUTABLE TO NEGOTIATIONS OR USE RELATIVE TO THIS TYPE OF BUSINESS. Djeanius Divertissement will not offer any warranty that their Services will meet your needs or will be available without disruptions, interruptions and in all safety and without any errors as to the quality, exactness, currentness, veracity, exhaustivity or reliability of the Content.
14.3. YOU TAKE ALL THE RISKS ASSOCIATED WITH ONLINE COMMUNICATIONS OR OFFLINE COMMUNICATIONS AND ALL INTERACTIONS WITH OTHER USERS OF THE SERVICES OR OTHER PEOPLE WITH WHOM YOU WILL INTERACT OR COMMUNICATE AS PART OF OR AFTER USING THE SERVICES. YOU UNDERSTAND THAT DJEANIUS DIVERTISSEMENT DOES NOT CONTROL NEITHER DOES IT INVESTIGATE THE ORIGINS OR IDENTITY CLAIMS OF ITS USERS. DJEANIUS DIVERTISSEMENT DOES NOT OFFER ANY GUARANTEE OR ASSURANCE AS TO THE CONDUCT AND BEHAVIOUR OF ITS USERS. YOU ACCEPT TO TAKE ALL NECESSARY AND REASONABLE PRECAUTIONS WHEN COMMUNICATING ONLINE OR OFFLINE WITH ANYONE IN THE COURSE OF YOUR INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PEOPLE WITH WHOM YOU COMMUNICATE OR INTERACT FOLLOWING THE USE OF OUR SERVICES.
YOU AGREE TO COMPENSATE AND FREE Djeanius Divertissement AND THEIR MANAGERS, ADMINISTRATORS, SHAREHOLDERS, EMPLOYEES AND AGENTS OF ANY RESPONSIBILITY AND CLAIMS, LITIGATION, RESPONSIBILITY CLAIMS, DAMAGES, LOSS, COSTS AND EXPENSES, INCLUDING AND NOT LIMITED TO, REASONABLE LEGAL COSTS AND FEES RESULTING FROM (A) YOUR ACCESS TO THE USE OF THE SERVICES OR CONTENT, (B) YOUR USER CONTENT, OR (C) THE VIOLATION OF THESE CONDITIONS.
16. Limitation of Responsibility
16.1. UNLESS IT IS CONTRARY TO THE LAW OR PUBLIC ORDER, DJEANIUS DIVERTISSEMENT NOR ANY OTHER THIRD PARTY HAVING PARTICIPATED IN THE CREATION, PRODUCTION, PRESENTATION OF THE SERVICES OR THE CONTENT CANNOT BE HELD RESPONSIBLE FOR DAMAGES (INCLUDING LOSS OF BENEFITS, DATA, CLIENTS, INTERRUPTION OF SERVICES, TECHNOLOGICAL DAMAGES, BODILY HARM, SYSTEM FAILURES) CAUSED BY THE INABILITY TO USE OUR SERVICES OR THE CONTENT, OR ANY COMMUNICATION, INTERACTION, MEETING WITH OTHER USERS OF THE SERVICES OR PEOPLE WITH WHOM YOU COMMUNICATE OR INTERACT FOLLOWING THE USE OF OUR SERVICES, EITHER BASED ON A WARRANT, CONTRACT, FAULT (INCLUDING NEGLIGENCE) OR ANY LEGAL DISPOSITION, EVEN IF DJEANIUS DIVERTISSEMENT WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
16.2. IN ANY CASE AND WITHOUT LIMITING THE GENERALITY OF WHAT WAS LISTED ABOVE, THE COMPLETE RESPONSIBILITY DJEANIUS DIVERTISSEMENT RELATIVE TO THESE CONDITIONS OR USAGE OR THE INABILITY TO USE THE SERVICES OR CONTENT WOULD IN NO CASE BE ABOVE ONE THOUSAND CANADIAN DOLLARS ($1,000 CAD).
16.3. EXCLUSIONS AND LIMITATIONS TO DAMAGES SPECIFIED ABOVE ARE FUNDAMENTAL ELEMENTS OF THE AGREEMENT BETWEEN DJEANIUS DIVERTISSEMENT AND YOU.
16.4. YOU ACKNOWLEDGE AND AGREE THAT OUTSIDE THE LICENCE THAT IS GRANTED ACCORDING TO THESE CONDITIONS, YOU WILL HOLD NO OTHER PROPRIETARY RIGHTS ON ANY OF OUR SERVICES INCLUDING AND NOT LIMITED TO GAME COINS AND VIRTUAL SERVICES.
17. Dispute Resolution
17.1. You and Djeanius Divertissement accept that all disputes, claims, or controversy relating to or connected to these Conditions or the violation, termination, application, forming, the effect interpretation or validity of the aforementioned or the use of Services or Content (collectively the “disputes”) will be solved through arbitration in accordance with the Rules of Canadian Commercial Arbitration Center (CCAC) outside of court as specified in the current chapter (Dispute Resolution) unless one of the parties involved chooses to request an injunction from a competent tribunal to stop the violation of copyrights, trademarks, commercial secrets, patents and other intellectual property rights of a party (hereafter referred to as “IP Protection Action”).
17.2. The exclusive competence and the location of all Action will be submitted to a Province of Quebec (CANADA) tribunal in the judiciary jurisdiction of Joliette (Canada) and no other tribunal.
17.3. As well, unless you and Djeanius Divertissement have a written agreement contrary to that effect, the arbitrator cannot join more than one demand per person and cannot preside over any type of collective procedure or class action. The parties expressly forfeit their right to sue or make a collective class action suit of any kind or make a collective claim for reparation of damages.
Settlement and Arbitration Process
17.4. Arbitration will be managed by the Canadian Commercial Arbitration Centre (the “CCAC”) according to the International Arbitration Rules of the CCAC for consumer disputes (the “IAR”) current at the time, except if there is a modification to the section “Dispute Settlement.” (The IAR can be looked up at http://www.ccac-adr.org/en/arbitrage-international.php or by calling the CCAC at 1-800-207-0685. The Quebec Civil Code and Quebec Civil Procedure Code rule the interpretation and application of arbitration procedure in a default or complimentary way to the IAR. Each party can exercise their right to Arbitration procedures by providing the other party a written notice as specified in the IAR.
Accelerated Arbitration Process
17.5. The accelerated arbitration procedure elaborated by the CCAC is applied with the necessary adaptation during a claim where the amount of money is equal or inferior to fifty thousand dollars ($50,000.00 CAD), interests and arbitration fees excluded.
Procedures in the Event of a Claim Equal or Under $1,000.00$
17.6. If your request is not above one thousand Canadian dollars ($1,000 CAD), the arbitration will be led on the basis of the documents you and Djeanius Divertissement will submit to the arbitrator, unless you request an audience or if the arbitrator determines that an audience is necessary. If you claim is superior to one thousand Canadian dollars ($1,000 CAD), your right to an audience will be determined by the IAR.
Arbitration Location, Language and Number of Arbitrators
17.7. The location for arbitration will be the city of Joliette in the province of Quebec, Canada. The procedures will be written in French or in English.
17.8. The audience will proceed in French.
17.9. Decisions will be delivered by a sole arbitrator named by the CCAC.
17.10. The Arbitrator will make their decision according to the time constraint specified by the IAR. Their decision will include results and essential conclusions on which the sentence will be founded. All judgment rendered on an arbitration decision can be recognized by a tribunal competent in the matter.
17.11. The arbitrary decision concerning damages and interests must be compatible with the conditions in the section “Limitations of Responsibility” written above as to the type and quantity of the damages and interest for which a party can be held responsible.
17.12. The Arbitrator can declare temporary measures or a statement judgment only in favour of the petitioner and only if necessary to provide a justified sentence for an individual request of the petitioner.
17.13. The arbitrator’s fees or administrative fees and deposit rights of the CCAC are under the disposition of the CCAC or the IAR.
18. General Conditions
18.1. These Conditions, including their use and interpretation, and all action bound to them are governed by the laws of the Province of Quebec, Canada.
18.2. Djeanius Divertissement and you choose the judiciary district of Joliette, Province of Quebec, Canada for all disputes concerning these Conditions.
18.3. These Conditions constitute the entire agreement, exclusive between you and Djeanius Divertissement concerning the use of the Services and Content and cancel and replace all prior verbal or written agreements about the same matter.
18.4. You cannot assign or transfer these Conditions, by law or otherwise, without the prior written consent of Djeanius Divertissement. All attempt to assign or transfer without such an agreement will be void. Djeanius Divertissement can freely assign or transfer these Conditions without any restrictions.
18.5. Subject to the foregoing, these Conditions will have bind and inure to the benefit of each party permitted successors and authorised assigns.
18.6. You will continue to be bound by the terms of these Conditions even in the event of a merger or the sale or purchase of the business involving Djeanius Entertainment.
18.7. All notices and other communications provided by Djeanius Divertissement according to these Conditions, including those concerning modifications and updates to these Conditions will be transmitted: (a) by email, or (b) by publishing them on the website or in the Application. For notices sent by email, the reception date will be considered to be the date it was sent.
18.8. Failure or non-exercise from Djeanius Divertissement of their rights or any disposition in these Conditions does not constitute a forfeit or waiver of their rights or any dispositions. Waiving or forfeiting any rights or disposition will be effective only if it is signed by an authorised representative of Djeanius Divertissement. Unless explicitly mentioned otherwise in these Conditions, the exercise of one of the party’s legal right to under these Conditions will be without prejudice to other legal rights under these Conditions.
18.9. If one of the dispositions in these Conditions is judged void or inapplicable under the current laws or as established by a competent tribunal, the said disposition will be interpreted in a way that is conform to the current laws, reflecting as faithfully as possible its original intention, and other dispositions will remain valid and applicable. If it is impossible to interpret a void or inapplicable part of these Conditions without in conformity with the current laws, this part will be considered non-existent in these Conditions, without prejudice to the remaining dispositions in these Conditions.
19. Publicity and Promotion
19.1. By using the Services, you accept to receive our email newsletter concerning our offers and promotions. In the event you do not wish to receive these offers and promotions, you can unsubscribe from this service by following the procedure mentioned at the bottom of each newsletter. For more information about this, do not hesitate to write to us at: firstname.lastname@example.org.
Please refer to our Confidentiality Policy or the Confidentiality Policy section in the Application for more information concerning how the personal information you provided is used.
21. Contact Information
For any questions concerning these Conditions or Services, please contact Djeanius Divertissement at (email@example.com) or at this address: 410 Fabre, Joliette (Quebec), Canada, J6E 2Y2.
Cancelation and Game Coin Refund Policy
Game cancelled or postponed by a player
It is possible for a game to be cancelled or postponed by its organizer or by a player.
Terms and conditions of Cancellation
Normally, cancelling a game or a registration to a game does not allow a game coin refund for the game coins used for that particular game registration, with the exception of specific situations outlined in this Cancellation and Game Coin Refund Policy (from now on, referred to as Cancellation Policy).
In the following situations, the player, whether or not they are an organizer, will obtain a game coin refund for their registration or for the cancellation of other players for who has used game coins:
A game is cancelled by the organizer before it begins, with the exception of the game coins used to register the organizer;
2. A player cancels their registration to a game before it begins;
3. An organizer cancels a player’s registration before the beginning of a game (NOTE: Please read carefully our FAQ page concerning how cancelling players may affect the game);
The organizer of a game cannot cancel their registration to a game without cancelling the entire game itself. However, the organizer may cancel another player’s registration according to the Cancelation Policy.
The organizer who cancels a game will not have the game coins used for the registration to that specific game that was cancelled refunded.
A player who cancels their registration or which registration is cancelled for them after the game has begun will not be refunded any game coins used. (NOTE: Please read carefully our FAQ page concerning how cancelling players may affect the game); FAQ: The organizer can give out the role to another player already registered in the game.
The game coins that are refunded may be used for future game registration.
For more information concerning our Cancelation Policy, do not hesitate to write to us at: firstname.lastname@example.org.