Terms And Conditions of Identity Pursuit

 

About IP Game SA

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Legal Notice

Identity Pursuit is published by IP Game SA:

Avenue du Grey 38 A,
℅ Fidexpert SA Lausanne
1004 Lausanne – Switzerland

For any questions, please contact IP Game SA’s Members Support:

          * either by email at support@identity-pursuit.com

          * or by mail at the above address.

These general terms of use (hereinafter referred to as “Terms of Use”) govern the relationships between:

The company IP GAME SA, a company registered under Swiss law, with its headquarters located at Avenue du Grey 38 A, ℅ Fidexpert SA Lausanne, 1004 Lausanne – Switzerland, the operator of the Identity Pursuit app,

Hereinafter referred to as “IP GAME SA”,


On the one hand,

AND

The users of the app referenced under the name Identity Pursuit, as they are identified during the creation of their account for the aforementioned service,

Hereinafter referred to individually as the “Member” or, collectively with the other users of the Identity Pursuit app, as the “Members”,

 On the other hand.


 

Introduction

The company IP GAME SA operates an accessible mobile app using available technologies and, in particular, a computer or a mobile device, which allows Members to create and post their profile online, subject to certain conditions, in order, in particular, to develop their network and exchange ideas, especially by entering into contact with other Members (hereinafter referred to as the “Services” or “the App”).

The use of our Services implies that you have read in detail, understood, and accepted these Terms of Use.

Our Services are very diverse: therefore, terms in addition to or specific to certain Services (e.g. age limits) may apply. These additional terms will be made available to you with the Services concerned. If you choose to use these Services, you accept that the additional terms also become part of your contractual undertaking with us. 

If any Members refuse to comply with any of the obligations and conditions included in these Terms of Use or any other of the contractual documents, they will be asked to not access the App and to not use it.

 

Article 1 – Signing up for the Service

1.1.- Becoming a Member

To become a Member, users must be at least 13 year old and have the capacity to acquire rights and obligations and have accepted these Terms of Use without any reservations.

 

1.2.- Prior registration mandatory for accessing the Service

In order to benefit from the Services, Members will have to sign up by completing the signup form accessible online on the App (hereinafter referred to as the “Form” or “Signup form”).

By completing the Form, Members confirm that they have read these Terms of Use and agree to comply with them without any reservations. 

In the event that Members violate the laws in force, in particular criminal laws or those designed to protect a person’s rights, or if their behavior has harmed a person’s interests, including those of IP GAME SA or any company with a legal or actual relationship with IP GAME SA, or other Member, or their use of the Service, IP GAME SA shall have the right to suspend or cancel the contractual relationship with the Member and/or their account without prior notice, and shall refuse access to all or part of the Service subject to the conditions provided for in article 6 of these Terms of Use. 

IP GAME SA is not in any way responsible with regard to Members or other users and third parties for any errors, omissions or inaccuracies that may be found in the information provided by a Member.

 

1.3.- Members’ accounts and passwords

Members undertake to create only one account for their profile.

As part of the signup process, Members will receive an email with a code to activate their account at the email address provided when signing up.

The username and password chosen by the Member when signing up, which provides access to the Service, should comply with IP GAME SA’s security requirements.

Members undertake to use the username and password only for their own access to the Service and not divulge them to third parties. They are solely responsible for any use that may be made of their username and password and are the sole guarantors of their privacy as well as any use made of their account. 

Members undertake to protect themselves against any use of their username and password other than that in accordance with these Terms of Use and to inform IP GAME SA immediately of any unauthorized use of their account and of any violation of their privacy and the security of their means of identification by using the contact form available on the App when clicking on “Contact us”. 

If IP GAME SA has legitimate reasons to believe that the security of the Service is being violated or that it is being used incorrectly following the unauthorized use of Members’ means of identification, it may temporarily suspend the account in order, in particular, to preserve the integrity of the Website and data, and, if necessary, request the modification of these means of identification. Assuming that Members want to modify their means of identification, they simply have to log in to the App and change their settings in the “Preferences” section of their profile. 

In the event that their means of identification fall into the hands of third parties, Members will be solely responsible for any use made of these means of identification and any subsequent use made of the Service. IP GAME SA will not in any case be held liable for any losses or damages resulting from non-compliance with Members’ obligations as stipulated in this article. 

IP GAME SA reserves the right to deactivate Members’ accounts after a period of complete inactivity on their account equal to or greater than six (6) months. However, Members will be able to reactivate their account within a period of thirty (30) days following the suspension. 

Nevertheless, Members’ accounts may not be deactivated while one or more subscriptions are in progress, subject to the stipulations of article 6.2.2 below. 

In the event of the death of Members, and upon presentation of the relevant documents of proof, the account will be deactivated. Its contents may only be transferred to beneficiaries following a court ruling.

1.4.- Facebook Connect

Identity Pursuit gives you the opportunity to sign up via Facebook. In order to sign up with your Facebook account, you must authorize Identity Pursuit to access some Facebook informations. You authorization is collected when you click the “Authorize” button on the Facebook permission request, listing the informations to which Identity Pursuit will have access, that is:

Access to basic informations of your Facebook account (name, profile picture, sexe, friend’s list, networks, IDs and other public informations)

Access the informations of your Facebook profile

Send messages to the email address you provided on Facebook

1.5.- Sponsorship of new Members

When Members want to sponsor a person in order to allow them to benefit from the Service, they will provide IP GAME SA with their first name, last name, and email address. They undertake to have obtained prior consent from this person to send their data to IP GAME SA in view of their use as part of the sponsorship. IP GAME SA will not store the data in question if this person does not sign up for the App.

 

Article 2 – Using Identity Pursuit

Subject to accepting the Terms of Use, complying with the signup conditions provided in article 1, and the minimum technical configuration required as stipulated in article 8, Members are able to benefit from the Website’s free features.

In general, as part of using the Website, Members will refrain from engaging in actions of any sort, such as the transmission, publication, posting online or dissemination of data and/or content that is against the law, harmful to public order, or the rights of IP GAME SA or third parties. 

In particular, without this list being exhaustive, Members undertake to comply with the following rules when using the Website: 

- To comply with the laws in force and respect the rights of third parties, as well as these Terms of Use and any other contractual stipulations between them and IP GAME SA; 
-To use the App legally and in accordance with legal and regulatory provisions and uses in force; 
- To comply with intellectual property laws and personality rights pertaining to the content provided by IP GAME SA and other Members, as well as the intellectual property rights of third parties; as a consequence, Members must refrain from reproducing and/or communicating to the public, via the intermediary of the Website or any other means, any content without the prior authorization of those who hold the rights pertaining to this content when this is required; 
- To not divert or attempt to use any of the Website’s features for purposes other those of normal usage as defined in these Terms of Use and the other respective Terms of Use; 
- To not use robot software or any other process or equivalent automated tool to browse the App and use the Service; 
- To undertake only to communicate information to IP GAME SA and other Members, the dissemination of which it deems may not in any case be of prejudice to themselves, other Members, IP GAME SA, or third parties; 
- To refrain from disseminating information or content that does not conform to reality; 
- To not disseminate data, information or content of a defamatory, injurious, obscene, offensive or violent nature, or which incites violence, or which is of a political, racist, xenophobic nature and, in general, any content that is contrary to laws and regulations in force and good moral standards; 
- To not disseminate data, information or content which diminishes, disorganizes, prevents the normal use of the Website, or interrupts and/or slows down the normal flow of communication between Members; 
- To not use the Service to send unsolicited mass messages (publicity or other); 
- To not collect information about third parties, including email addresses, in order to use them for commercial prospecting or equivalent, or for integration into a referencing service or equivalent, whether free or paying, or for the purpose of monitoring the competition; 
- To not use the Service directly or indirectly to implement practices comparable to “snowball” sales or services, or any other similar processes which involve, in particular, offering goods to the public by leading them to believe that these goods may be obtained free of charge in exchange for a sum of money less than their actual value and making obtaining them subject to the placing of vouchers or tickets with third parties or the collection of subscriptions or signups of new buyers; 
- To not offer a person the opportunity to collect subscriptions or signup on a list by demanding the payment of a sum of money and promising financial gains as a result of an increase in the number of people recruited or signed up rather than the sale, provision, or consumption of goods or services; 
- To refrain from participating directly or indirectly in the setting up or development of a network designed to implement practices comparable to network sales (Multi Level Marketing - MLM), the recruitment of members, affiliates or Independent Door-to-Door Vendors (IDV) in view of creating such a network, or other similar practices; 
- Not to use a Subscription for recruitment purposes whether directly or indirectly; 
- Not to promote a service that competes with Identity Pursuit either directly or indirectly.


In the case of a Member breaching one or more of these rules, IP GAME SA reserves the right to suspend and/or unilaterally cancel the Contract, or block the account(s) of the Members concerned, automatically delete any contentious messages, prevent the publication of all or part of Members’ profiles, and/or block their access to all or part of the Service either temporarily or definitively, without any compensation, subject to the terms provided for in article 6 below. 


Members may report behavior or content on the App that is in clear contradiction to the rules stipulated above, with a description of it and its location on the App that is as precise as possible, by clicking on Contact us. Nevertheless, Members are informed that any improper reporting may itself be sanctioned in accordance with the regulation that applies.

 

 

Article 3 – Communication and discussion spaces

3.1.- General information

On the App, IP GAME SA offers communication and discussion spaces classified in various sections which may evolve with the App. 

Members may post data online, including personal details, information and, more generally, content, and exchange information within the scope of these spaces or on their profile in strict accordance with the law and these Terms of Use. 

However, in the event of IP GAME SA is duly informed that obviously unlawful content is being disseminated on the App, the latter may delete it without prior notification on its part to the Member who has provided the aforementioned content.

 

Article 4 – Privacy and personal data

Members’ personal data is stored by IP GAME SA on its servers in view of their processing within the scope of using the Service. 

IP GAME SA processes the personal data of Members it has collected in accordance with the conditions proposed by the Federal Trade Commission of the United States, the European Union; and Switzerland, which enable the free exchange of data between the European Union/Switzerland and the United States. 

IP GAME SA invites Members to read the Privacy Policy. 

All personal data submitted by Members within the scope of using the Website and the Service may be used by IP GAME SA within the scope of using the Website and providing the Service. 

In particular, their personal data may be used by IP GAME SA to offer them the opportunity to enter into contact with other Members, selected according to the aforementioned data; this data is not communicated to the Members in question, apart from that which is already accessible via the public profile and, therefore, is used for this purpose solely by IP GAME SA. All Members accept this use of their data. 

The Signup Form on the App allows Members to sign up for the App and the Service by communicating some of their personal data to IP GAME SA. 

IP GAME SA does not communicate Members’ personal data to third parties other than the data present on Members’ public profiles in accordance with the settings defined by them as well as the overall purpose of the Website and Service, and in the event of cases in which the communication of such data is required by regulations in force, in particular for an inquiry by a judicial authority.

 IP Game SA processes personal data on IP Game SA’s servers located in many countries around the world. Personal data is likely to be processed by one or more servers located outside of the Members’ countries of residence. Members agree explicitly to the processing of their personal data outside of their countries of residence.

Personal data communicated by Members will be destroyed ten years after their last connection to the App or on expiry of the Contract, upon their express request, and may be destroyed once their use of the Service has ended, without any request from them. 

Members have the right to access, correct, and delete their personal data processed via the App, as well as the right to oppose the communication of this data to third parties for justified reasons. 

Members may exercise these rights by writing to the following email address support@identity-pursuit.com or the following mailing address: Avenue du Grey 38 A, ℅ Fidexpert SA Lausanne, 1004 Lausanne – Switzerland.

The App uses the technology of “cookies”. Cookies are useful in particular for facilitating the personalization of Members’ access to the Service. In particular, the App includes a connection cookie that allows Members who wish it to access the App repeatedly without having to log in every time. To that end, Members should tick the box corresponding to the “Stay logged in” tab in the authentication window that is displayed in the event of a new login to the App. By clicking, Members activate this cookie for a period of three months and may then access the App again without having to log in during this period. Members are informed that, in this case, another person using their computer may access the management interface for their profile and their account, since prior authentication is no longer being required. 

In general, cookies do not damage Members’ computers. Members are free to accept or refuse cookies by configuring their browser. However, if Members refuse cookies, they may no longer benefit from a certain number of the Services’ features. Cookies are anonymous and are not in any case used to collect personal data and are used solely for login and statistical purposes. 

Via these cookies, IP GAME SA keeps a track of logins to the App and, in particular, their origin. This use is for statistical purposes and is then destroyed.


IP GAME SA takes the necessary measures to ensure that personal data collected via the App is not lost, misappropriated, consulted, modified, or divulged by unauthorized third parties. 

Members may have access to their personal data upon simple request by writing to the following email address: support@identity-pursuit.com or to the following mailing address: Avenue du Grey 38 A,

℅ Fidexpert SA Lausanne, 1004 Lausanne – Switzerland.

This access may be refused in cases provided for by law.

 

Article 5 – Intellectual property‘

IP GAME SA is the owner of the Identity Pursuit Service and App, both in terms of its technical components and its graphic, textual or other components, subject to the sole reservation of the content provided by the Members themselves and the publicity provided by third parties. In particular, the App and the Service are provided via software and databases designed and developed by IP GAME SA, which owns them or for which it has intellectual property rights. 

The content posted on the App by IP GAME SA also belongs to the latter, subject to the aforementioned reservations. Therefore, IP GAME SA is the sole holder of all the intellectual property rights pertaining to the Service, the App, its content, and the software and databases that ensure its functioning, and the use of the Website and the Service does not give the Members any rights whatsoever over these elements, subject to the rights pertaining to the content provided by the Members themselves and the publicity provided by third parties (see article 5.2 below). 

The acceptance of these Terms of Use implies the Members’ understanding of IP Game SA’s intellectual property rights listed above and the undertaking to comply with them.

 

5.1. – User license for the Website and the Service

IP GAME SA grants Members a personal and non-transferable non-exclusive license authorizing them to use the App and the Service, as well as the data they contain for strictly personal reasons, in accordance with these Terms of Use and, in particular, in accordance with the end goal of the App and the Service (hereinafter referred to as “the License”).

All other operations or uses of the Website, Service, their content and, in particular, the data they contain are not covered by this License and may only be implemented after obtaining the prior written authorization of IP GAME SA. 

In particular, any extraction or reuse, beyond the Website’s normal use, of the data contained in the App and/or Service by the Member is strictly forbidden and is subject to the prior express authorization of IP GAME SA.

 

5.2. – User license for content posted by Members

In order to enable the provision of the Service and in accordance with the purpose of the Website, Members concede to IP GAME SA a non-exclusive license for using the content and data which they integrate and/or post online via the App. 

Members guarantee IP GAME SA that the data, information, or content concerned comply with the law and do not violate the rights of others. 

IP GAME SA does not acquire any property rights over the data, information and/or content provided by Members. 

By posting their data, information and/or content on the App, Members accept that it is disseminated on the aforementioned Website and is accessible to other Members as well as to third parties, in accordance with the personal settings registered by Members in the “Preferences” section of their profile and their account. Consequently, Members authorize the other Members to consult their personal data accessible via their profile and use it to contact them. They expressly accept this use of their profile, which forms the essence of the Website and the Service. 

For the sole purpose of the implementation of the Service, Members authorize IP GAME SA to reproduce, represent, adapt, and translate the content and data provided by them via the App subject to the conditions defined below: 

IP GAME SA is authorized to reproduce all or part of the content provided by Members on all current or future digital recording supports, and, in particular, without this list being exhaustive, on servers, hard disks, whether removable or not, memory cards, or any other equivalent supports, in any format and via any process known or not yet known to date, to the extent necessary for all storage, backup, transmission or download operations involved in the functioning of the Website and the provision of the Service.

IP GAME SA is authorized to adapt and translate Members’ content, and to reproduce these adaptations on any current or future support stipulated above in view of providing the Service, in particular in different languages. This right includes the faculty, in accordance with Members’ moral rights, to implement changes to the layout of their content in order to comply with the Website’s graphic charter and/or in order to make it compatible with its technical performances or the relevant formats in view of its insertion and/or publication via the App.


This authorization aims to allow IP GAME SA to disseminate via the digital network and according to any communication protocol, in particular the Internet, to provide to the public, the content and data of Members in such a way that people are able to access it at any place and any time they choose via the App, in accordance with the settings defined by each Member. 

This license is granted for the entire world and for the duration of the Contract binding the Member to IP GAME SA. 

In the event of a patent breach of the intellectual property rights on the App, the interested persons are invited to report this violation to IP GAME SA using the contact form available on the App when clicking on “Contact us”.

 

 

Article 6 – Duration and Cancellation

6.1.- Duration

The Contract is concluded for an undefined period as from the Members’ acceptance of these Terms of Use. 

Members also have the opportunity to subscribe to one or more paying Services offered by IP GAME SA and referenced on the App, referred to as “PREMIUM”, for the specific duration corresponding to each Service and defined in the corresponding Subscription form, as from their acceptance of the General Terms for the Sale of the Subscription chosen, unless subject to special stipulations in the aforementioned Conditions.

 

6.2.- Cancellation

IP GAME SA may rightfully immediately suspend access to the App and the Service in the case of Members’ non-compliance with these Terms of Use. In this event, IP GAME SA will notify the Member of this suspension by email and will give them notice of the need to stop this violation. If this notification remains without effect after a period of eight (8) days, IP GAME SA shall have the right to cancel the Contract, without any formalities and subject to any damages which it may claim in order to repair the prejudice resulting for it from this situation; owing to its cause (the Member’s failure), this cancellation will not give rise to the refund of sums already paid by the Member by virtue of the subscribed Services. 

Furthermore, it is recalled that, in the case of the Members’ patent breach of the regulations which apply or the obligations stipulated in article 2 of these Terms of Use, involving, in particular, the use of the Website for the purposes of spamming or MLM, the use of a Subscription for the purposes of recruitment, or the dissemination of a message, data or information contrary to public order or which may breach the rights of third parties (defamation, slander, infringement of intellectual property rights, denigration, etc.), whatever their nature, IP GAME SA will be able to suspend access to the content concerned and/or delete the Member’s account and cancel the Contract without prior notice. 

Members may cancel the Contract at any time by logging on to the App and following the procedure provided for this purpose subject to the specific stipulations listed in the General Terms for the Sale of the Subscription.

 

 

6.2.1.- Unsubscribing from the Website

Members may unsubscribe from the Website at any time by following the procedure provided for this purpose as described below: 

1. Log in to the App and enter your email address to identify yourself;
2. Click on the “Your IP profile” tab;
3. Click on the “settings wheel” next to the name;
4. Click on “Log off”;
5. Quit the App.

In the event of the Member had subscribed to one or more paying Services, the cancellation will become effective subject to the conditions provided for in article 6.2.2 below. 

Within 48 hours of unsubscribing, which implies the cancellation of the Contract, all the data concerning the Member will be deleted from IP GAME SA’s database and the Member will no longer have access to the App or the Service.

 

6.2.2.- Cancellation of Premium Services

On expiry of the initial duration of a PREMIUM Service, this Service will be renewed automatically for the same period as the initial period, unless stipulated otherwise by the User via the system provided for this purpose in the “Status” section accessible via the App.

Members may put an end to their PREMIUM Services at any time by following the unsubscribe procedure provided for this purpose and described in article 3 of the Specific Terms for the Sale of Subscriptions.

 

Article 7 - Responsibility

7.1.- Member’s responsibility

All the material and software required for accessing the App and use the Service remain the sole responsibility of Members. They are responsible for taking all the necessary measures to protect their personal data, computer systems, and/or software from viruses. 

The use of information, messages or data of all sorts available via the Service is the sole responsibility of Members and any decisions or actions that they may make or carry out because of this information will be the sole responsibility of Members. In particular, Members are solely responsible for their decision to subscribe to one of the Premium Services offered by IP GAME SA. 

Members are solely responsible for the use they make of the Service and the App and, more generally, any use or operation they make of their account and their profile.

Members are responsible for all the data and information that concerns them which they have posted online as well any content they provide, regardless of whether this data or content is accessible and/or transmitted to the public via one of the Service’s communication or discussion spaces or sent to anyone by email. 

Members understand that, in principle, IP GAME SA does not have control over the aforementioned content and data and that it has no general obligation to monitor the data and content of Members which are stored and disseminated via the App. 

Members are solely responsible with regard to IP GAME SA and, if applicable, any third parties, for any direct or indirect damage caused by information or any other item of content communicated, transmitted or disseminated by Members when using the Service, as well as any breach whatsoever by them within the scope of this Agreement. 

Members agree to comply with any measures implemented by IP GAME SA by virtue of the law in force.

 

7.2.- IP GAME SA’s responsibility

IP GAME SA undertakes to provide the Service in accordance with these Terms of Use. 

IP GAME SA DOES NOT VERIFY THE VERACITY OF THE INFORMATION PROVIDED BY MEMBERS AND DECLINES ALL RESPONSIBLITY WITH REGARD TO THE INACCURACY, INCOMPATABILITY, OR WRONGFULNESS OF THE AFOREMENTIONED INFORMATION. 

IP GAME SA WILL NOT UNDER ANY CIRCUMSTANCES BE HELD RESPONSIBLE FOR ANY DATA, INFORMATION AND/OR CONTENT SUPPLIED BY MEMBERS, WHETHER ACCESSIBLE TO THE PUBLIC OR NOT, THE ABSENCE OF VERACITY OF THE AFOREMENTIONED DATA, INFORMATION OR CONTENT, ANY ERRORS OR OMISSIONS WHICH THEY MAY CONTAIN, AS WELL AS ANY DAMAGES FOLLOWING THE USE OF CONTENT SUPPLIED BY A MEMBER, DISPLAYED OR TRANSMITTED BY EMAIL OR ANY OTHER METHOD, VIA THE APP. 

IP GAME SA HAS NO GENERAL OBLIGATION TO MONITOR THE DATA AND CONTENT SUPPLIED BY MEMBERS NOR ANY OBLIGATION TO DELETE CONTENT THAT DOES NOT APPEAR TO BE UNLAWFUL, NOTWITHSTANDING IT BEING REPORTED. 

IP GAME SA MAY NOT IN ANY CASE BE HELD RESPONSIBLE FOR ANY CONSEQUENCE WHICH MAY ARISE DURING OR AFTER MEETINGS OR CONTACTS BETWEEN SEVERAL MEMBERS OR NON-MEMBERS FOLLOWING THE USE OF THE WEBSITE AND SERVICE. 

OWING TO THE SPECIFIC NATURE OF THE INTERNET, ACCESS TO THE APP MAY BE INTERRUPTED OR RESTRICTED AT ANY TIME FOR A REASON INDEPENDENT FROM IP GAME SA; IN THIS CASE, IP GAME SA CANNOT BE HELD RESPONSIBLE. 

IP GAME SA WILL NOT BE HELD REPSONSIBLE IN THE EVENT OF AN INTERRUPTION IN ACCESS TO THE APP OWING TO MAINTENANCE OPERATIONS, UPDATES AND TECHNICAL IMPROVEMENTS, OR FOR THE EVOLUTION OF THE CONTENT AND/OR PRESENTATION, PROVIDED THAT THESE INTERRUPTIONS ARE REPORTED AND DO NOT EXCEED STANDARD PRACTICES. FURTHERMORE, IP GAME SA MAY TEMPORARILY OR DEFINITIVELY INTERRUPT ACCESS TO THE APP AND SERVICE, IN PARTICULAR IN THE CASE OF A TRANSFER BY ITSELF OF THE ACTIVITY CONCERNED, OR IN THE CASE OF THE COMPANY’S COMPULSORY OR VOLUNTARY LIQUIDATION; IN THE LATTER CASES, THIS CONTRACT WILL BE TERMINATED AUTOMATICALLY. 

IP GAME SA RESERVES THE RIGHT, AT ANY TIME AND WITHOUT PRIOR NOTICE, TO MODIFY ANY INFORMATION APPEARING ON THE APP WITHIN THE SCOPE OF UPDATES OR THE CORRECTION OF ERRORS OR INACCURACIES. 

IP GAME SA IS NOT RESPONSIBLE FOR THE CONTENT OF THIRD PARTY WEBSITES TOWARDS WHICH HYPERTEXT LINKS ON THE APP ARE DIRECTED. 

TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW AND TO THE EXTENT WHICH IP GAME SA MAY BE DEEMED RESPONSIBLE FOR ANY DAMAGES NOT PROVIDED FOR ABOVE, IP GAME SA’S RESPONSIBILITY WILL BE LIMITED TO CERTAIN ACTUAL AND ESTABLISHED DAMAGES. 

TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL IP GAME SA OR ITS AFFILIATE COMPANIES, LICENSORS OR PARTNERS, BE HELD LIABLE FOR ANY INDIRECT DAMAGES, LOSS OF INCOME OR DAMAGES RESULTING FROM THE LOSS OF DATA OR OPERATING LOSSES CAUSED BY THE USE OR INABILITY TO USE THE APP, THE SERVICE OR THE CONTENT, REGARDLESS OF WHETHER THIS IS BASED ON A WARRANTY, A CONTRACT OR A TORT, OR ACCORDING TO ANY OTHER LEGAL THEORY, AND IP GAME SA HAVING BEEN INFORMED OR NOT OF THE POSSIBILITY OF SUCH DAMAGES.

MEMBERS ARE AWARE OF THE ESSENTIALLY FUN NATURE OF THIS APP AND UNDERTAND THIS PURPOSE. IN THIS CONTEXT, IP GAME EXPRESSLY EXCLUDES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RESPONSIBILITY WITH REGARD TO ANY MORAL AND/OR PHYSICAL CONSEQUENCES RESULTING FROM ANY INAPPROPRIATE USE AND, IN PARTICULAR, ANY USE OF THE WEBSITE AND SERVICE FOR PURPOSES OTHER THAN THOSE MENTIONED ABOVE.

 

Article 8 – Minimal technical configuration required

Members acknowledge that they have the necessary skills and means to access the App and use it. Access to the App and its use require the following minimum configuration: 


- Apple: iOS 8 and +

- Google: Android 4.0.3 and +


- An Internet network or mobile connection

For this purpose, Members acknowledge that they have verified that the computer configuration they have is suitable, does not contain any viruses, and is in a good working condition.

Equipment (computer, cell phone, software, telecommunication resources, etc.) enabling access to the App and the Service are the sole responsibility of the Member, in the same way as the telecommunication costs resulting from their use.

 

Article 9 – Agreement of proof

Members and IP GAME SA decide by common agreement that IP GAME SA’s computer systems and files will be considered as proof. 

Consequently, the computer files and registers stored on the computer systems operated by IP GAME SA or on its behalf under reasonable conditions of security and reliability may validly be used and produced as proof of the Contract’s implementation and, more generally of any event, communication or relationship between the Parties when the Website is used by Members. 

Thus, IP GAME SA may legitimately produce within the scope of any procedure, for the purpose of proof of any act, fact or omission, data, files, programs, recordings or other elements received, issued or stored via the aforementioned computer systems on digital or analog supports, and take advantage of them, unless in the event of an obvious error.

 

Article 10 – Modification of the Terms of Use

These Terms of Use may be modified by IP GAME SA at any time and without prior notice. Therefore, Members are invited to regularly consult the latest updated version available to all and at all times on the Website’s home page by clicking on the link “Terms of Use”.

The modified Terms of Use will enter into force as from their posting online and will apply from then on by right.

 

Article 11 – Governing law - attribution of jurisdiction

The conclusion, interpretation, and validity of these Terms of Use and the Contract are governed by Swiss law.

 Subject to the provisions of public order which apply for jurisdictional competence, the jurisdiction of IP GAME SA’s headquarters will have sole competence for ruling on any dispute concerning the Contract, including, without this list being exhaustive, any dispute concerning its validity, its interpretation, its implementation, and/or its cancellation and its consequences.