GENERAL TERMS AND conditions of use for ASTERIX® & Obelix®: Vidi Vici

INFORMATION: By downloading this Asterix® & Obelix®: Vidi Vici mobile game app, you expressly accept and undertake to comply with these Terms and Conditions of Use. If these Terms and Conditions of Use are not accepted, you may not install the game application Asterix® & Obelix®: Vidi Vici.


1.	Definitions

Purchase(s)	Means any purchase of an Item or Virtual Currency made by a Player in connection with the Game, with his or her Player Account.
T&Cs	Means these General Terms and Conditions of Use, which constitute a contract between you and AUGMENTEO, publisher of the Game and hereinafter referred to as "HOOTSIDE".
Account	Means any account, associated with unique and personal identifiers of a Player, not subject to suspension or termination by HOOTSIDE.
Content(s)	Means any text, photograph, sound, music, video, audiovisual combination, communication, interactive functions or any work protected by intellectual property rights provided or made available in the Game by the Player
Game	Means the mobile application by which the Player accesses the game Asterix® & Obelix®: Vidi Vici, offering an open-world augmented reality discovery and exploration game, under the Asterix® & Obelix® licence: Vidi Vici © 2021 editions Albert René / Goscinny-Uderzo.
Player	Means the player who downloaded the Game to a mobile device and has an Account.
Currency	Means the virtual currency of the Game, in the form of sersterces which can be purchased via a Player Account.
Game Item(s)	Means the objects which can be purchased in the Game, with the Currency.
Game Services	Means any service associated with the Game provided by HOOTSIDE or its partners, related to the Game, which may also include promotions or event-based marketing.
You	Means the natural person, including legal representatives, who has installed the Game on a mobile device owned by him or her.


2.	Consent

In the event of the creation of an account for a minor, that is, any natural person under the age of 16 or below the age required to consent to the processing of personal data in his/her country of residence, you are deemed to consent to the processing of the minor's personal data, as legal representatives, to install and play the Game.

HOOTSIDE cannot be held liable in the event of a registration to which parents or legal guardians did not consent. In the case of registration of a minor, HOOTSIDE recommends monitoring the activities and use of the Game by the minor.

All Purchases made in the Game or as part of the gaming services are presumed to be made by account holders who are of the age required to consent to a contract or have the consent of their legal representatives. It is possible to restrict Purchases made in the Game within the Game settings.

HOOTSIDE accepts no liability for the activities and purchases of players, whether minor or not. By creating an Account, you agree to these T&Cs.

3.	Use of the Game

3.1.	Cheating

HOOTSIDE condemns any cheating, and will monitor any cheating or attempt at cheating within the Game. Any interference or attempt to interfere with the Game, alter the normal behaviour of the Game or exploit any design flaw of the Game shall be deemed to be cheating for a Player or for the benefit of third parties. This includes but is not limited to:

-	Player Account Sharing;
-	Creating a multi-account player;
-	Unauthorised access to the Game, in particular via third party applications;
-	Any technology that falsifies or changes the location of your mobile device;
-	Sale or exchange of Player Account;

HOOTSIDE may, in case of suspected or proven cheating, suspend your Player Account or decline to provide assistance to the Player cheating or attempting to cheat.

 You are hereby informed that HOOTSIDE may use legally authorised systems as well as any cheating and fraud detection mechanisms within the Game, to verify hacking and/or unauthorised third party software allowing you to access the Game in breach of these T&Cs.

3.2.	Use of Augmented Reality

In order to access the Game, you must allow access to the functionality of your compatible mobile device. The Game can be immersive and give a sense of reality, which is why you must stop playing when you experience loss of balance, coordination problems and/or headaches. If you have epileptic disorders, use of the Game including the augmented reality is not recommended. This Game is not considered a medical or health device.

In addition, before playing:
-	You must ensure that the area around you is clear and sufficient to play.
-	You must not play near areas that may be hazardous such as stairways, heat sources, accident or work areas, or in private areas or areas marked as having prohibited access.
-	Avoid playing if you are sick, tired or under the influence of medicine or drugs.
-	You must adjust the sound volume of the Game appropriately, so that you do not cut yourself off from your surroundings and remain alert.

Use of the Game is at your own risk. You agree not to use the Game to violate any applicable regulations or these T&Cs, nor encourage any third party to do so.
It is the Player's responsibility to take all appropriate measures required to play in complete safety, whether for himself/herself or for others.

3.3.	Player Content

In connection with your use of the Game, you may make User Content, called Player Content, available in your Account and in the Game. You agree not to make available any illegal, inappropriate or commercial content that may infringe any intellectual property rights of third parties or HOOTSIDE. You also agree not to submit any inaccurate, misleading or inappropriate content, including any data, changes or requests for deletion.

When using the game, you may be in contact with other players or other people in the real world, so you agree not to engage in the following types of behaviour towards them:
-	Harassment
-	Threats and violence
-	Making any degrading, insulting or discriminatory remarks, remarks which infringe public decency, are defamatory, malicious or harmful, infringe the privacy or image rights of others, or are objectionable.
-	Any activity that may harm, cause any material damage or bodily injury to others.
-	Mass collection of data, or otherwise extracting any data from other Players, or from any third party.
-	Using the Game or the Services, in whole or in part, for commercial purposes or in a manner not permitted by these T&Cs, including, without limitation, selling, transferring or exchanging any Virtual Item, Currency, Services or benefit associated with your Player Account.


HOOTSIDE may not be held liable in such cases, nor in the event of any complaint, claim or remedy, regardless of the legal basis invoked, by any third party or you in connection with your use of the Game.

You remain solely responsible for the Player Content you make available during your use of the Game. You represent and warrant that you own or have the necessary rights to the said Content in order to make it available and license it TO HOOTSIDE under these T&Cs.

HOOTSIDE does not acquire any ownership rights over the Player Content; you remain free to exploit such Content under the proviso of complying with these T&Cs.

As part of the Player Content, you grant a non-exclusive, transferable, sub-licensable, worldwide and royalty-free license to HOOTSIDE to USE, copy, modify, create, broadcast, promote or distribute any Player Content in connection with the Game and the Services.

On this basis, you agree that HOOTSIDE may do the following, without this list being exclusive:
-	Reproduce your Player Content by any means and in any form
-	Broadcast your Player Content, free of charge, in any location and by any means or processes known or unknown to date, including via the internet, pay-per-view games, on-demand broadcast or television, theatre or press.
-	Use your player content for promotional displays and advertising of the game and services.
-	Have the right to produce or reproduce your Player Content on any new product or service, containing or exploiting your Player Content, whether such reproduction is made by HOOTSIDE or any partner of its choice, in connection with the Game or the Services and their marketing.

3.4.	Player Registration

In order to be able to use the Game, you must create an Account, have access to a mobile device compatible with the Game, as well as an internet connection. All connection costs and equipment are exclusively at your own expense.

You can create an account using (i) your Google Play account, (ii) your Apple account, (iii) your Facebook account, (iv) any supported third party account.

You undertake not to disclose your password to any third party, and to inform HOOTSIDE of any unauthorised use of your Account. You are solely responsible for all activities that occur in connection with or on your Account.

3.5.	Game Licence

Subject to compliance with these T&Cs, HOOTSIDE grants you a limited, non-exclusive, non-transferable and non-sublicensable licence, allowing you to download and install a copy of the Game on a mobile device. This licence is strictly personal and non-commercial.

You agree not to:
-	(i) modify, copy, adapt or create any derivative work based on the Game,
-	(ii) assign, transfer, sublicense, lease or lend the Game,
-	(iii) decompile, disassemble or use any other reverse engineering technique on the Game, (IV) or make it accessible by any means whatsoever to other users who do not have a Game Account.
-	(v) attempt to access or access the Game, Services and Content, in whole or in part, through the use of any third-party technology not authorised by HOOTSIDE and its partners.
-	(vi) circumvent, remove or disable any technical or software-based measures implemented by HOOTSIDE to protect the Game and the Services.
-	(vii) probe, scan or test any technical fault of the Game, its network or any Service or attempt to circumvent or violate any security and authentication measures,
-	(viii) interfere with any Player's access to the Game, or its network, by sending a virus, logic bomb, malicious code, or overloading, flooding or spamming the servers of the Game and the Services.

HOOTSIDE reserves the right to correct the Game and any other rights not expressly granted to you by these T&Cs.

3.6.	Deletion and Termination of Player Account

These T&Cs are applicable for an indefinite period between you and AUGEMNTEO. Any deletion of your Player Account or its termination by HOOTSIDE, in particular in case of cheating or non-compliance with these T&Cs, will terminate the agreement and your licence to use the Game.

HOOTSIDE reserves the right to suspend or terminate any access or use of the Game, at its sole discretion, and at any time without prior notice, whether in the event of non-compliance with these T&Cs, or any suspected or proven illegal or cheating activity related to your Account. In case of inactivity of your Account beyond a period of 365 days, HOOTSIDE reserves the right to delete your Account after sending a prior notice to the email address entered in your Player Account if not followed by activation of the Game.

You are free to terminate your Player Account at any time from your Account. In the event of non-voluntary termination, improper use, HOOTSIDE WILL not be able to restore your Account. You acknowledge that any Purchase, Virtual Item, score level or other benefit related to your Account will be permanently lost.


4.	Non-compliance with these T&Cs

If you fail to comply with these T&Cs, or if your actions during your use of the Game violate these T&Cs or the HOOTSIDE Privacy Policy, HOOTSIDE reserves the right to take the following actions, cumulatively or not, with or without prior notice:

-	Delete, suspend or modify your Player Account, temporarily or permanently;
-	Suspend or terminate your account or access to the Services and Game;
-	Modify or delete the currency and virtual objects associated with your account;
-	Reset or change your progress in the Game, as well as any benefits associated with your Player Account, whether it is a score or a level reached in the Game.


5.	Processing of personal data

The Game is based on augmented reality, that is, mixing information from the Game and the surrounding real world. For the proper functioning of the Game, HOOTSIDE needs access to certain of your information that will be processed in accordance with the Privacy Policy.

The data controller for personal data collected through the Game and the Game Services is HOOTSIDE.

HOOTSIDE collects, processes and uses your personal information in accordance with its Privacy Policy and under the conditions set out in these T&Cs. If you do not agree to the Privacy Policy, you may not access or use the Game or the Game Services in any way.

6.	Liability and warranty

The Player is responsible for his or her use of the Game and for the information he or she provides. He or she undertakes to comply with these T&Cs and any rules of the Game communicated by HOOTSIDE. HOOTSIDE is not liable for any damage, direct or indirect, occurring during use of the Game.

HOOTSIDE is not liable to the Player for any warranty, express or implied, whether with respect to the quality or suitability of the Game for any particular purpose, including software compatibility with any unlisted mobile device. The Game is provided as is, no warranty being attached thereto for any purpose whatsoever.

In its capacity as host of the Game, HOOTSIDE may be required to respond to and cooperate in the event of a request from a competent administrative or judicial authority requiring access to a Player's data.

HOOTSIDE does not guarantee any permanent access or availability or the quality of the Services or the Game, including the Internet or mobile network.

7.	Intellectual Property

HOOTSIDE respects intellectual property rights and as a Player you undertake to do the same. HOOTSIDE shall terminate any use of the Game which is suspected of breaching or not respecting the intellectual property rights of third parties or HOOTSIDE and this shall result in the suspension and/or termination of the Player's Account infringing such rights.

You warrant that the Player Content you make available during your use of the Game does not violate any applicable laws or regulations, or the intellectual property rights of any third party. In addition, in the event your Player Content is used and on the basis of moral rights, you will be referred to you under your Player name as it is known to HOOTSIDE, to the extent that such name does not violate public decency or any applicable law. Otherwise, HOOTSIDE reserves the right to contact you at the email address linked to your Account in order to determine this mention.


8.	Hypertext links of the Game

No hypertext link can be created to the Game without the prior express consent of HOOTSIDE. If a Player wishes to create a hypertext link to the Game, regardless of the medium, from his or her site or any social media account, he/she must first contact and obtain the written consent of HOOTSIDE. This authorisation may only be temporary and may be withdrawn at any time, without justification, by HOOTSIDE.

In all cases, any link must be removed at the request of HOOTSIDE.

HOOTSIDE makes clear that the use of hypertext links within the Game may lead the Player to other websites or applications, independent of the Game. HOOTSIDE cannot be held liable directly or indirectly for any information that may be accessible via a link to other websites, HOOTSIDE declining any responsibility for their content and proper functioning.


9.	Improvement of the Game

You can send us your comments, observations and suggestions to improve the Game and services of HOOTSIDE, via our support services, at the following address contact@hootside.com or via the HOOTSIDE Discord: https://discord.com/invite/hdkKNV5jvb.
You assign all rights of use, reproduction and dissemination of your comments and SUGGESTIONS to HOOTSIDE free of charge, for the duration of copyright protection.


10.	In-Game Purchasing

HOOTSIDE does not guarantee in any way any Items or Content of the Game: they are provided as is, unless applicable regulations specify otherwise. Items and Content may not be used outside the Game. You have a licence to use the Items and Content under the terms and conditions set out below.

HOOTSIDE reserves the right to modify, delete, terminate or offer the Currency and/or Items or Content, in whole or in part and at any time, without prior notice or liability of HOOTSIDE.

If the Virtual Currency and/or Items stop, you will be notified at least 31 days in advance, through the display of an information notice viewable from Your Player Account.


10.1.	Virtual Currency and Virtual Items Purchased

You can buy currency, which is specific and only usable in the Game. The use of your Currency is personal and non-commercial. The Currency allows you to access Game Items and Services. You have no ownership rights in relation to the Currency or the Purchased Items.

During this licence, that is, as long as you have an Account, you may exchange your Currency for Game Items, made available by HOOTSIDE. All exchanges of Currency for Items supplied are final; no exchange or refund of your Currency and/or Items will be carried out by HOOTSIDE, even if not used in the Game once the transaction has been completed.

The balance of the Items and Currency has no real monetary or exchange value, and does not constitute currency or immovable property, or property of any kind whatsoever. The Currency may not be exchanged for Items between Players or be sold, transferred or exchanged out of the Game for actual money, services or other considerations of any kind.

The Virtual Currency you purchased may be cancelled and/or your Account may be terminated in the event of a breach of these T&Cs. The following constitutes a breach of these T&Cs and is therefore prohibited: any transaction or attempt to (i) sell, (ii) exchange, (iii) transfer your Currency or Purchases made with the Currency.


10.2.	Transactions

The Game allows you to capture and exchange virtual items present during the Game. These Items are free Content, therefore available at no additional cost. You do not acquire any ownership interest in these Items and they have no monetary value, real or in virtual Currency.

You may exchange such Items with other Players only for other Items. You may not sell, transfer or trade the Items against Virtual Currency, Game Services or any actual currency, services or other consideration from another Player, HOOTSIDE or any person.

You are informed that you may not obtain Items from third parties, be it a third party platform or application, any broker or person not authorised by HOOTSIDE. ANY sale, exchange or transfer of Items (or attempt at this) to third parties may result in the suspension and/or termination of your Player Account or the cancellation of the Items by HOOTSIDE.

Any purchase invoice, whether for Items or Services, will be sent electronically via the email address provided when creating your Account or via your Player Account interface, to which you expressly agree.

10.3.	Right of withdrawal

As a European or EEA resident, you have a right of withdrawal after buying online. In the event of Purchases made in the Game, of Currency, Items or Services, you expressly waive this right of withdrawal, the goods and services purchased being fully implemented before the end of the withdrawal period or being customisable by the Player, their implementation starting after your express consent. In the absence of an express agreement, any Purchase will be rejected at the time of the transaction.


11.	Miscellaneous provisions

11.1.	Jurisdiction

In the event of a dispute, you undertake, on the same basis as HOOTSIDE, to resort to a contractual mediation procedure or any other alternative dispute resolution procedure. In the absence of an amicable agreement, you or HOOTSIDE may refer the matter to any competent court.

These T&Cs are governed by French law. In the absence of conflict of law or applicable regulatory provisions to the contrary, any dispute or disagreement arising from the formation, validity, interpretation or performance of these T&Cs shall fall under the exclusive jurisdiction of the French courts, including in the event of multiple defendants or third parties, protective measures, and any interim or ex parte proceedings.


11.2.	Amendments and entirety of the T&Cs of the Game

These provisions represent the entire obligations of the parties. These T&Cs cancel and replace all prior agreements or provisions, oral or written, between HOOTSIDE and you, with respect to the Game, the Services and the Content of the Game.

HOOTSIDE reserves the right to modify, add or delete, in part, these applicable T&Cs or its privacy policy, at any time, by publishing the latest applicable version. By continuing to use the Game, you will be deemed to have accepted these changes in their entirety. If these changes are refused, your licence to use the Game will terminate and you must cease using the Game.

11.3.	Severability

In the event that one of the provisions of the T&Cs is declared null or void, including pursuant to a law, a regulation or following a final decision of a competent court which has become res judicata, the said clause shall be deemed unwritten and may not lead to the nullity of the T&Cs. The Parties shall endeavour, to the extent possible, to remedy this invalidity by way of an amendment by replacing the said clause with valid provisions corresponding to the spirit and purpose of the T&Cs.


11.4.	Assignment of the T&Cs of the Game

You may not assign or transfer these T&Cs, or their benefit, without the prior consent of HOOTSIDE. Any assignment or transfer made without the agreement of HOOTSIDE shall be null and void. HOOTSIDE may assign or transfer these T&Cs, without restriction, to any third party of its choice. In the event of assignment or transfer of the T&Cs, and therefore Player Accounts, HOOTSIDE shall provide notification of such a transaction 31 days prior to the operation takes effect, via (i) the Player's Account, or (ii) the email address entered when creating the Player's Account. Any Player may then terminate his or her Account within this period, failing which it shall be deemed there is consent to the assignment or transfer of his/her account.


11.5.	Waiver

HOOTSIDE's failure to enforce any breach by the Player of the obligations set forth in these T&Cs shall not be construed as a waiver of such obligation or grant the Player any rights whatsoever under these T&Cs. Unless specified otherwise by applicable regulations, any remedy exercised by the Player or HOOTSIDE under these Terms shall be without prejudice to any other remedy possible under these T&Cs.


11.6.	Force Majeure

Under these T&Cs, the following are considered acts of force majeure: fires, floods, acts of terrorism, network failure, order or decree of a government or any similar authority, or any cause having the characteristics of force majeure for HOOTSIDE. In case of force majeure, HOOTSIDE may not be held liable for any damage, delay or non-performance of the contract.

11.7.	Notification

All notices or communications made by HOOTSIDE shall be made via (i) the Player's Account, or (ii) the email address provided when creating the Player's Account. In case of dispatch to the email address, any notice or communication shall be deemed to have been received on the dispatch date of such communication or notification, regardless of the email address you have provided.

Contact: You can contact HOOTSIDE at contact@hootside.com or at the following address:
Augmenteo SAS
165 Avenue de Bretagne
Euratechnologies
59000 Lille