Preamble :

These General Terms of Use (« GTU »), governed by French law, are intended to regulate the use of the online gaming platform EXOTY.COM (hereinafter referred to as « the online game » or « online game ») published by Game Publishing SAS (a simplified joint-stock company), located at 3 Qua Le Clos de Durand, 06330 ROQUEFORT LES PINS (also referred to as « Game Publishing SAS » or « We » below). Registering for the online game under the terms outlined here constitutes your express and unreserved acceptance of the GTU. Any changes to the GTU will be specifically mentioned on the website www.exoty.com.

ARTICLE 1: General Description of the Service

Game Publishing SAS offers games on the Internet via a platform (referred to as « EXOTY.COM » in this document) and associated services. The users of EXOTY.COM, as well as the participants in the games and services, are referred to herein as « users. » To participate in the games or access our services, you must first register. This requires having an account on the aforementioned platform and authorizing the EXOTY.COM application. After successfully registering your account, you will access a standard free version of the game. The playtime for this standard version is unlimited.

ARTICLE 2: Acceptance of Terms

To access the functionalities of the online games, you must have a user account on the aforementioned platform and authorize the EXOTY.COM application. By authorizing the EXOTY.COM application, you thereby create a user account. You thereby authorize Game Publishing SAS to access your user information, send you emails, and post messages on your personal space. You may modify the nature of the personal data shared at any time. Access to your account is done via your username or email and associated password on the site facebook.com or otherwise, for which you alone are responsible for maintaining confidentiality. Using the online games following registration is valid for an indefinite period. We reserve the right to terminate it at any time. In the event of non-compliance with the obligations mentioned above, access to the games may be temporarily or permanently suspended without notice by deactivating your account, without prejudice to our other rights.

ARTICLE 3: Eligibility

Children under the age of 13 are not allowed to register on EXOTY.COM. If you are under 13, please do not use or access EXOTY.COM in any way. If you are a parent or legal representative of a child under 13 who has registered on EXOTY.COM, please email us with the necessary information to cancel the child’s registration. Include your full name and address, the child’s full name and address, your relationship with the child, daytime and evening phone numbers, your email address, and a signed declaration stating that you are the parent or legal representative. Game Publishing SAS reserves the right to request additional information to verify your identity and the nature of your relationship with the child. This information will only be used to confirm your status as the parent or legal representative.

ARTICLE 4: Purchasing Credits and Pricing of Services

Purchasing credits and service pricing are defined by these General Terms of Use, which outline the terms of the services provided by Game Publishing SAS to the user, as well as any related appendices. This article specifies the technical and financial conditions under which Game Publishing SAS commits to the user. Within the service, you may purchase virtual currency, such as « Facebook Credits » for use in the Facebook application or « token credits » for online games on EXOTY.COM. All purchases and redemptions of THIRD-PARTY VIRTUAL CURRENCY ARE NON-REFUNDABLE. If you purchase Facebook, iTunes, or Android credits, you accept the payment terms of Facebook, Apple, or Google, and Game Publishing SAS is not a party to the transaction and cannot be held liable. If you purchase tokens for the EXOTY.COM game, you accept these terms of use. Due to the electronic nature of transactions, the prices for Virtual and Physical Products are inclusive of all taxes (TTC), regardless of your place of residence. Prices for services (e.g., the value of a game session) may change without notice. Game Publishing SAS cannot be held liable for any direct or indirect damage of any kind related to the use of these payment tools and/or virtual currencies. Additionally, you indemnify Game Publishing SAS against any claims, actions, or proceedings brought against it in this regard. Any token purchase across all EXOTY.COM games ensures you will no longer receive advertisements (excluding reward videos) for three (3) months.

Available token packs:

  • Pack 1: 400 tokens for €2.49 (TTC)
  • Pack 2: 1,000 tokens for €4.99 (TTC)
  • Pack 3: 2,200 tokens for €9.99 (TTC)
  • Pack 4: 4,500 tokens for €19.99 (TTC)
  • Pack 5: 12,000 tokens for €49.99 (TTC)
  • Pack 6: 25,000 tokens for €99.99 (TTC)

ARTICLE 5: Withdrawal

Under current consumer protection laws, you have the right to withdraw within fourteen (14) days from the validation of your order. In this case, you will not need to provide reasons or pay penalties, except for any return shipping costs for Physical Products. However, you will not have this right of withdrawal if the execution of the product delivery begins before the end of the aforementioned fourteen (14) day period. Specifically, purchases of Virtual Products (Facebook Credits or token credits) are final and non-refundable under Article L.121-20-2 of the French Consumer Code. You have the right at any time to request free information about your stored data, the right to rectify, delete, or block such data, as well as the right to oppose and port data. Please contact us for more information or to exercise your right of withdrawal at: support@exoty.com. You may also contact a supervisory authority.

ARTICLE 6: Intellectual Property

The EXOTY.COM online gaming site is owned and operated by Game Publishing SAS. The design and each component, including trademarks, logos, and domain names, featured on the EXOTY.COM online game, are protected under intellectual property laws. All intellectual property rights and other exclusive rights related to any protectable elements created during the execution of this contract remain the exclusive property of Game Publishing SAS. Users wishing to use any protected elements must obtain publication, usage, or adaptation rights from the intellectual property holders at their expense. Game Publishing SAS holds users accountable for any third-party claims arising from unauthorized use of intellectual property or other protected elements, including software.

ARTICLE 8 : Cas de force majeure.

Game Publishing SAS shall not be held liable if the performance of the contract, or any obligation incumbent upon Game Publishing SAS under the terms hereof, is prevented, limited, or disrupted due to fire, explosion, network transmission failures, infrastructure collapse, epidemic, earthquake, flood, power outage, war, embargo, law, injunction, demand or requirement of any government, strike, boycott, withdrawal of authorization by the telecommunications operator, or any other circumstance beyond the reasonable control of Game Publishing SAS (« Force Majeure »). In such cases, Game Publishing SAS, subject to prompt notification to the user, shall be relieved of its obligations to the extent of such prevention, limitation, or disruption, and the user shall similarly be relieved of their obligations insofar as those obligations are related to the affected performance, provided that the affected party makes every effort to avoid or mitigate such causes of non-performance and that both parties promptly proceed once such causes have ceased or been removed.

The party affected by a Force Majeure event must keep the other party regularly informed via email regarding forecasts for the resolution or cessation of the Force Majeure event. We are under no general legal obligation to monitor content transmitted or stored through the online game. Our only obligations as a content publisher pertain to the retention of your connection data, which is protected under professional confidentiality and handled in compliance with legal provisions regarding personal data.

Game Publishing SAS cannot be held liable or considered to have breached these terms for any delay or non-performance where the cause of such delay or non-performance is linked to a Force Majeure event as defined by French case law, including interruptions, suspensions, reductions, or disruptions in electricity or other utilities, or any telecommunications network interruptions. However, the user acknowledges that suppliers of materials, software, and telecommunications infrastructure in these areas do not provide any absolute guarantee of the proper functioning of the Game Publishing SAS service. As a user of technologies or infrastructure developed and supplied by third parties, Game Publishing SAS cannot guarantee that its service will be completely uninterrupted or free from delays, especially in the event of a « bug » or product updates. Furthermore, Game Publishing SAS reserves the right to temporarily suspend online games or services for maintenance or update procedures, without prior notice.

ARTICLE 9: Severability, Titles, Publicity, Tolerance

The invalidity of any clause in the contract entered into with Game Publishing SAS, as a result of a law, regulation, or final ruling by a competent court, shall not render the other clauses of the contract invalid, which shall retain their full effect and scope. In such a case, the parties shall, to the extent possible, replace the invalid provision with a valid one that aligns with the spirit and purpose of the contractual terms.

The titles of the articles in these Terms and Conditions are solely for reference purposes and hold no contractual value or particular meaning. Game Publishing SAS may, during advertising campaigns, events, conferences, or in specialized market publications, reference the services provided to the user, as well as feature such services in its business documents and/or promotional materials.

The fact that Game Publishing SAS does not enforce, at any given time, one of the provisions of these terms and conditions, or tolerates a breach by the other party of any obligations herein, shall not be interpreted as a waiver by Game Publishing SAS to enforce said terms or claim their breach at a later time.

ARTICLE 10: User Obligations

The user agrees not to initiate any legal action against Game Publishing SAS arising from failure to comply with the browsing constraints mentioned above. The user shall ensure that the computer configuration used for the internet connection is virus-free and in perfect working order. Game Publishing SAS shall not be held liable for any malfunction of the user’s connection.

Any individual leaving comments or publishing as an author must comply with these Terms of Use. It is reiterated that only the user is responsible for the content they publish online, and under no circumstances shall Game Publishing SAS be held liable for content published by a user.

The user agrees not to engage in any acts that are contrary to French law or, where applicable, the laws of the country from which they connect, infringe upon French public order, or violate the rights of third parties. The user commits not to use cheating methods, exploits, automation software, bots, hacks, or any unauthorized software designed to modify or interfere with the Service.

The user also agrees not to attempt unauthorized access to the Service, create accounts on behalf of others or for computers, servers, or networks connected to the Service by any means other than the interface provided by Game Publishing SAS. The user agrees not to attempt to bypass or modify, or assist or encourage anyone else to bypass or modify, the security of the Service. Similarly, on the game chat, the moderation team at EXOTY.COM reserves the right to temporarily or permanently ban any player who does not adhere to standards of courtesy towards the team or other players.

ARTICLE 11: Collection and Processing of Personal Data

The personal data collected from each Member is intended for Game Publishing SAS. These data will be processed and used by Game Publishing SAS as necessary for the proper operation of online gaming services and will be retained by Game Publishing SAS as contractual evidence. No transfer of such data collected under these terms may be made to third parties without the Member’s prior consent.

In accordance with the French Data Protection Act of January 6, 1978, the automated processing of personal data carried out from the website EXOTY.COM has been declared to the Commission Nationale de l’Informatique et des Libertés (CNIL).

Under Law No. 78-17 of January 6, 1978, the user may access their personal information held by Game Publishing SAS at any time, and request its modification or deletion. Pursuant to Articles 36, 39, and 40 of the Data Protection Act, the user may request that information concerning them that is inaccurate, incomplete, ambiguous, outdated, or whose collection, use, communication, or storage is prohibited, be rectified, supplemented, clarified, updated, or deleted.

Upon account closure, and for evidentiary purposes, data concerning the user may be confidentially retained and archived by Game Publishing SAS in accordance with applicable laws. To improve its service quality and better meet user expectations, Game Publishing SAS may collect personal data from users, notably through the use of markers (cookies).

ARTICLE 12: Applicable Law and Jurisdiction

This contract is governed by French law. This applies to both substantive and procedural rules, excluding conflicts of law rules under French law and provisions contrary to this Contract.

In case of a dispute with a user not considered a consumer under the French Consumer Code and failing an amicable resolution, express jurisdiction is granted to the Commercial Court of Nantes (France), notwithstanding multiple defendants or third-party claims, including for urgent or conservatory measures by summary proceedings or request.

ARTICLE 13: Language

The contract is written in French. For any questions related to these Terms and Conditions of Use, please contact us by email at support@exoty.com or by mail at the following address:

  • Company Name: Game Publishing SAS
  • Head Office: 3 Qua Le Clos de Durand, 06330 Roquefort les Pins, France
  • VAT Number: FR80530795210
  • Siret Number: 53079521000034


Dispute Resolution
:

The European Commission provides an online dispute resolution platform. Consumers can use this platform to resolve their disputes with the seller or service provider. This platform can be found at: ec.europa.eu/consumers/odr.