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Games' Rules
ARTICLE I - ORGANIZATION
The company MEDIASTAY, SAS registered with a capital of €54.300 at the Trade and Companies’ Register of Nanterre under the number 429 927 346 - which the Head Office is located at 45 rue Jean Jaurès, 92300 Levallois Perret – proposes on the website, accessible at the URL http://www.yacado.com, a platform of free games with no obligation of purchase for an indefinite period.
The website and all its attendant rights are the exclusive property of Yacado.com.
All brands, logos, and other specific signs reproduced on the website are the exclusive property of their owners and are protected by the provisions of the Code of Intellectual Property.
Any unauthorized reproduction of those brands, logos, and signs constitutes a forgery, liable to penal sanctions.
All software used on the website, as well as the texts, comments, illustrations or pictures, reproduced on the website are subject to copyright, and their unauthorized reproduction constitutes a forgery, liable to penal sanctions.
ARTICLE II - PARTICIPATION
This game is open to any physical adult person – or under age with parental authorization – except for collaborators of the organizer company and members of their family, as well as persons who, in whatever capacity, have contributed on the organization of the games proposed by Yacado.com.
Registration is limited to only one account per person. It is forbidden to use pseudonyms or indicate incorrect personal data. Registration is made for an indefinite period, without prejudice to the faculty of each of the parties to cancel unilaterally, at any time, without notice or justification, the present contractual relations.
Participation to Yacado.com games is made exclusively by electronic means, on the website, and is individual. Each participant must play in person and thus is forbidden to resort, directly or indirectly, to any automated mode of questioning or query of the website.
It is strictly forbidden, by whatever process, to modify or try to modify the devices of the proposed games, especially in order to modify the results or any other factor determining the outcome of a game and the winners of a game. The company Yacado.com reserves the right to enforce equality of opportunities between all the participants, especially by legal means or any other means to its convenience. Yacado.com also reserves the right to turn down any person not totally respecting the present rules.
ARTICLE III - LEGISLATION IN FORCE
Some of the games proposed on the website are games of chance. In this regard, the company Yacado.com declares its conformity to the legislation in force on the French territory (legislation similar to that of the different countries of the European Community and most of the countries in general).
The participant must beforehand check that he accesses the website from a state which the legislation generally authorizes the participation in games, and more particularly in games of chance.
The games proposed on the website operate in strict respect of chance, from usual computer functions reputed for their efficiency in providing a truly random character, guaranteeing that all participants are equally treated.
ARTICLE IV - REPAYMENT OF CONNECTION FEES
In conformity with the provisions of the article L. 121-36 of the French Consumer Code, the access of the website and participation in the games proposed are entirely free, so that connection fees submitted to the participant shall be reimbursed according to the terms and conditions below.
Yacado.com records, for all participants, dates and times of connection and disconnection to the website, as well as the duration of each connection.
Only one reimbursement per month and per household (same name, same postal address) is admitted, on condition that the participant is resident in France and that the normal conditions of use of the website are respected, being specified that it is expressly agreed that a normal use of the website cannot exceed 15 minutes per day.
Noticing the current state of technical and services offers, some of the Internet providers offer a free or a flat-rate connection to the Internet users, it is expressly agreed that any access to the website resulting from a free or a flat-rate service (such as, for example, cable connection, ADSL or specialized link) shall not entitle the user to any reimbursement, in so far as the subscription to the Internet Provider services is, in that case, contracted by the Internet user for his use of Internet in general, and the fact of connecting to the website to take part in the games does not cause him any additional cost.
In case of a paying connection invoiced proportionally to the duration of connection, the connection fees to take part in the games of the website shall be reimbursed by cheque on application of the participant, by writing within the month of the disbursement. The postmark will attest to the time of application, and reimbursement will be made within two months after the receipt of the application.
In case of a flat-rate connection for a predetermined time of connection and, after this time, invoiced proportionally to the duration of the connection, the connection fees to the website shall be reimbursed to the participant, as long as it is established that the participant has exceeded the flat-rate limit at his disposal and that it has occurred as a result of his connection to the website.
To obtain the reimbursement of the connection fees, as well as the postage fees related to his reimbursement application, the participant must send to Yacado.com a written application on plain paper, containing the following elements:
- Surname, first name, personal postal address
- Dates, times and durations of his connections to the website
- A copy of the detailed invoice of the telephone company and/or the Internet Provider to which he has subscribed, with dates and times of his connection to the website
The postage fees necessary to the connection fees reimbursement application shall be reimbursed, on request, on the basis of the second class rates in force.
The obtention of additional games prizes on the website shall be reimbursed, on application, on the same conditions as those applied to the Internet access fees reimbursement, limited to one additional games prize per month and per household.
ARTICLE V - OBTENTION OF PRIZES OR WINNINGS
Each participant has a personal pool on the website, enabling him to accumulate points.
Those points can be won with the different games proposed by the website.
Depending on the number of points of the participant, he can, whenever he wants, convert those points in gift in the Shop.
Points can only be exchanged for goods or services exhibited and available in the sections of the Shop at the time when the participant realizes the conversion of his points.
The photographs or graphic representations showing the products or the services of the Shop serve exclusively to illustrate and are not contractual.
Unless it is mentioned, products or services described are not provided with any option or accessory. Set-up costs, start-up costs, installation costs, use costs, administrative formalities, in relation with a product or a service won remains exclusively for the participant.
Yacado.com reserves the right to modify, at any time and without notice, the list of the offered prizes or the rules relative to their awarding.
The prizes won are not exchangeable for other ones, or for their prices or counter-value. They can only be awarded to the beneficiary participant. The postal address declared by the player on his account must not, under no circumstances, include the surname or the first name of another person that the account holder, such as declared during the registration.
After verification of award conditions of the prize/winnings, the beneficiary participant is informed by Yacado.com via electronic mail.
Yacado.com undertakes to send the prizes within ninety days maximum.
If Yacado.com cannot deliver the prize/winning won by the player, especially because of an out of stock of the supplier, a compulsory reorganization or a winding-up by decision of the court, it reserves the right to change the original prize by another one of equivalent or superior value, or in default, to inform the participant by electronic mail and to give back all points to the player’s account. The participant shall not claim any indemnities to Yacado.com.
Without prejudice to any legal action and to its right to cancel the registration of the participant, Yacado.com has no obligation to deliver any prize or winning to the beneficiary participant if the latter did not type correctly his personal data during the registration, if he has manifestly, by whatever means, succeeded in falsifying the result of a game, or if he has not respected the present rules.
With the only fact of accepting his prize(s) or winning(s), the beneficiary participant expressly authorizes Yacado.com and its commercial partners to publish and diffuse, with the mention of his prize(s) or winning(s), his surname, first name, city, region and country of residence, image, voice and written texts, particularly for commercial purposes, in advertising spots, or in the context of publicity and promotional events, on all media and by all technical means, in France and abroad, during two years, without any counterpart or right other than these prizes/winnings.
ARTICLE VI - RULES MODIFICATION
With a view to adapt to the evolution of the website and/or its operating, Yacado.com reserves the right to modify, unilaterally and without notice, the rules of the games or of the services proposed on the website. In that case, the modifications shall be opposable with no time limit to the participant, after publication of the new provisions, which can be consulted freely on the website. An amendment will be brought in to the bailiff’s office depository of the rules.
Each participant already registered shall be informed, as soon as he connects to the website, or by any other means, about the rules modification and shall be pleased to consult and agree the conditions of the new rules.
If the participant does not accept the new rules, he must notify his refusal to Yacado.com by any means, particularly by contacting the Customer Service. This refusal shall result in the immediate closing of the participant’s account, without the right to claim any compensation.
ARTICLE VII - THE INFORMATION TECHNOLOGY, FILES AND PERSONAL LIBERTIES' ACT
In accordance with the French Act n°78-17 of the 6th of January, 1978, relative to computer technology, to files and to personal liberties, and with the European directive n°95/46 of the 24th of October, 1995, relative to the protection of physical persons in relation to the processing of personal data and the free circulation of those data, persons connected to the website and who have completed the registration questions in order to access the games and services of the website have a right of opposition, of access and rectification of the data concerning them.
Therefore, all participants registered on the website have the right to demand a modification – rectification, addition, clarification, update or deletion - of all information concerning them proved to be inexact, incomplete, equivocal or outdated.
The application must be sent, in writing, with contact details, to the address of Yacado.com indicated in the first paragraph of the present rules.
The application can also be written directly on the website, via the “Contact” section, following the instructions specified there.
ARTICLE VIII - LIABILITY
Connection to the website implies knowledge and acceptation by the participant of the characteristics and limits of the Internet, especially regarding the technical performances, the response time needed to consult, query or transfer information, the risks of interruption, and more generally, the risks inherent to any connection and transmission on the Internet, the lack of protection of some data against possible misappropriation and the risk of contamination by possible computer viruses circulating in the network.
Therefore, Yacado.com, under no circumstances, cannot be held liable – the following list is no exhaustive - for:
- the transmission and/or reception of any data and/or information on the Internet,
- any malfunction of the Internet network preventing one or several games proposed by the website from operating correctly and/or working normally,
- the breakdown in any reception equipment or in communication lines,
- the loss of any letters or electronic mail, and more generally the loss of any data,
- delivery problems,
- the operation of any software,
- the consequences of any computer virus or bug, anomaly, technical failure,
- any damage caused to a participant’s computer,
- any technical, material and software failure whatever its nature, having prevented - or limited - a player from participating to one of the proposed games on the website or having damaged the computer system of a participant.
Yacado.com cannot be held liable for possible malfunctions of the Internet network giving rise to failures in the administration, the security, the integrity or the management of the games or services proposed on the website.
Connection and participation in games proposed on the website are on the entire responsibility of the participants. It is up to each participant to take all appropriate measures in order to protect his own data and/or software stored on his computer system from every possible danger.
Furthermore, Yacado.com cannot be held liable for the difficulties or impossibilities of participants to connect to the Internet.
Yacado.com cannot be held liable if, for any reason beyond its control, one or several games or services is modified, postponed or cancelled.
Every evolution or modification in the programme of the website can give rise to an update and/or to a temporary unavailability of the website, which Yacado.com cannot be held liable for.
Likewise, Yacado.com reserves the right to interrupt or suspend one or several games or services proposed on the website, at any time and without notice, and without any justification. In that case, Yacado.com cannot be held liable for, so the participants shall not claim any compensation.
Yacado.com specifies that use of the hypertext links can lead the participant to other websites, independent from Yacado.com. In that case, Yacado.com cannot be held liable for the activities of those websites.
Unless prior authorization expressly granted, no participant is authorized to create hypertext links between this website and others, and shall be held liable for if so.
Yacado.com may propose to the participants the access to third party websites or the participation in programmes of customer loyalty, of marketing or any other activities on a third party website or programme. In that case, Yacado.com cannot be held liable for those activities and enjoins its visitors to be informed of the conditions of the participation proposed. Particularly, third party websites visited by the participant or advertisements shown on the website are likely to contain “cookies”. Those cookies are managed by third parties independent from Yacado.com on their entire liability, specifying that Yacado.com has no access to the data obtainable by those cookies.
Yacado.com cannot be held liable for a delay in the dispatch of winnings and prizes when this delay is not due to it, but is attributable to the service company contracted for the dispatch in question. Yacado.com cannot be contractually or legally held liable for operations relative to the transport of the awarded prize(s) and winning(s).
Similarly, Yacado.com cannot be held liable for damage occurred to the prizes or winnings during the transport.
Yacado.com only delivers the prizes won by a participant and does not act as a producer, manufacturer, supplier or retailer of the prizes, whatever they are, and cannot be held liable for any of the aforementioned activities.
Each participant, winner of a prize or winnings, undertakes to settle all income tax, other taxes, social security cotisations or any possible duty, whatever nature it is, which might be legally due. Yacado.com disclaims all liability in that case.
During the registration, the participant must choose a username and a password that will enables him to access the website. The participant must keep his password confidential. The participant is the only responsible for his username and password, and especially for the impossibility of accessing to his account by forgetting of his identification data, or for the appropriation of the winnings by a third party.
Any illicit use of the participant’s username and/or password must be notified in the shortest possible time to Yacado.com by any way, in order to stop the effects of this use, after the record of the participant’s objection.
ARTICLE IX - ADMISSIBLE EVIDENCE AGREEMENT
By express agreement between Yacado.com and the participant, the computer system and files of Yacado.com are the sole basis of evidence.
The computerized records, kept in the computer systems of Yacado.com in reasonable conditions of security and liability, are considered as evidences of the relations and the communication between Yacado.com and the participant.
Consequently, it is agreed that, except obvious error, Yacado.com can avail, especially to prove any act, fact or omission, of programmes, data, files, recordings, operations and other elements (such as follow-up records or other informative statements) in a computer or electronic format or support, and created, received or keep directly or indirectly by Yacado.com, particularly in its computer systems.
Thus the considered elements constitute piece of proof, and if they are produced as evidence by Yacado.com in any ordinary court proceeding or of another nature, they shall be admissible, valid and contestable for and by both part in the same way, with the same conditions and the same force of conclusive evidence as every document created, received or kept in writing.
All kind of operations realized thanks to the username and the password assigned to a participant, after registration, are irrefutably presumed to have been realized under the sole responsibility of the participant.
ARTICLE X - ENFORCEABLE LAW AND INTERPRETATION
Yacado.com, the website and the present rules are governed by the French law.
If the case is, except legal authorities’ disposals, all litigation shall be submitted to the relevant court in Angers. Beforehand, any claim will be subjected to an attempt to amicable agreement. Claims or litigations arising from the interpretation or the enforcement of the present rules must be submitted by recommended letter with acknowledgement of receipt, to the Head Office of Yacado.com.
ARTICLE XI - DEPOSIT AND CONSULTATION OF THE RULES
The rules has been deposited at the SCP Dominique ALEXANDRE - Emmanuel MERARD (A & M), bailiffs of Justice, 10 rue du Port, 16100 Cognac.
All the provisions of the present rules can be consulted freely on the website in the “Games Rules” section at the bottom of each page, or can be obtained by writing to Yacado.com, which address is mentioned in the first Article of this document.
The postage expenses incurred to apply for a copy of the rules shall be reimbursed, on request, the basis of the second class postal rate currently in force.
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