It is important that these terms and conditions of use are read carefully before being accepted.
The purpose of these general conditions of use is to define the terms and conditions under which SAS AB CREATION, with a capital of 1,000 Euros, registered with the CAEN Trade and Companies Register under number 848 306 767 and having its registered office at 14 rue Paul Delmet 14860 Bavent, provides its users with the Ozhers application and the related available services.
By checking the box preceding the sentence "I accept the general conditions of use", the user of the Ozhers application accepts to be bound by this.
Any use of the Ozhers application and/or affiliated services is subject to compliance with these conditions.
You therefore accept the provisions of this contract which is submitted to you and which regulates the use of the application, you also accept possible modifications through endorsements, amendments or additional texts, at our sole initiative.
As soon as these general conditions have been accepted by the user (also called the end user or the player) and that his user account has been validated by SAS AB CREATION, a contract will be concluded between these two parties. .
The various parties to the contract are the company SAS AB CREATION, on the one hand, which is a company specializing in the publishing of application software, as well as the creation, development and management of applications, and on the other hand, the user, which is the party that has a user account linked to the Ozhers application and/or its various affiliated services.
By downloading the application and checking the previous box "I accept the general conditions of use" when registering, the user agrees to respect the terms of the said contracts. Any breach of contract by the user may be subject to exclusion, and the closure of your account (defined in article 3 below), or even legal action against it.
From the entry into force of this contract (subject to the acceptance of the general conditions of use by the user and the validation of the user account by the company SAS AB CREATION), the user will be able to use the Ohhers app. The user has the option of terminating this contract at any time in accordance with article 11 below.
In the event that the user is a corporate officer, manager, employee, consultant or independent commercial agent in partnership with SAS AB CREATION, the former is not authorized to open an account or to use directly or indirectly the play only within the framework of its functions. In such a case, this user will also have to return all the gifts obtained through the game.
The user agrees to satisfy the conditions of majority provided for in his country of birth as well as in the country where the parties created or supported by the Ozhers application will take place.
It is up to the user to ensure that their actions comply with the legislation applicable to them. In the event of reprehensible acts, the user would go against the present general conditions of use and would thus play according to his own exclusive risks.
By using the game, the user declares to have taken note of the playful and recreational nature of the application, which has no vocation to offend the good morals or cultures of each individual or nation.
The user also declares to have read that some of their personal data may be collected by SAS AB CREATION for the purposes of the application and certifies that they have given their consent by having accepted these general conditions of use ( For more details, see article 8 of this document).
To play, the user must absolutely download the application and create an account. The creation of the account is done directly on the Ozhers mobile application and not on the website www.ozhers.com.
In order to be able to create his player account, the user must provide a certain amount of information:
An email address and a pseudonym which will be protected by a password chosen by the user. When choosing his pseudonym, the user undertakes not to violate the rights of a third party by usurping an identity or by infringing copyright, to name but a few examples.
The first name, surname and telephone number of the user so that the company SAS AB CREATION or the partner agents can carry out checks and strengthen the reliability and security of the game.
Some of his preferences via a questionnaire.
Photos of the user (face, front wide shot) that will be used during the game offered by the application (also for facial recognition).
The date of birth of the user allowing the moderators of the Ozhers application to ensure the majority of the user according to French standards.
It is the user's responsibility to ensure that the information provided is accurate, current and not incorrect.
The company reserves the right to verify all the information that the user transmits to it. The company may also ask the user for new supporting documents or additional documents.
The user must only have one account, otherwise all of his accounts may be closed. In the event of loss of their identifier and/or password and failure to log in by facial recognition, the user will not have to create a new account. In such a case, it will suffice to contact the company through the official accounts of the company on social networks.
The user will be able to modify the personal information concerning him. In the event of modification of the information relating to the marital status of the user, the company may contact the first in order to take into account the changes made. In the event of falsification of his personal information, the user runs the risk of suspension and/or closure of his player account.
In the event of a change in appearance following surgery or an accident, the user must contact the company in order to make the necessary changes to the data held by the company. The decisions taken by the company following this change can be challenged with one of our departments but cannot be appealed outside the company.
It is essential that the username and password of the user is known only by the latter. All logins to a player account will be considered made by the user in person. The user is thus responsible for the use and connections made to his player account.
Without prejudice to other rights, if a user does not comply, even partially, with one of the provisions of this article, the company may take any action it deems appropriate.
Fees charged to partners are paid by bank transfer or SEPA direct debit (monthly without obligation).
Unless otherwise stated on the website www.ozhers.com or on the application, fees invoiced by our company are non-refundable.
Depending on the legislation in force in the territory concerned, VAT may be applied to the above costs.
The company cannot be held responsible for any losses incurred due to exchange rates.
The rules of the game, software, application, specific terms such as OZHERS, photographs, images, animations, graphics, audio content, texts (including this contract) are protected by copyright and /or other intellectual property rights. All these rights are the property of SAS AB CREATION or one of its partners, none of these rights is transmitted to the user.
Each user is granted a personal, non-transferable right to install and use the application and its software in order to play the OZHERS game. The company and/or its partners remain the sole holders of all the rights to the software, its structure, its organization, the code protected by various rights, including intellectual property, copyright, copyright. Under no circumstances should the user reverse engineer, copy, distribute, sell, rent, disassemble, modify or translate the software, or access the source code.
If the user is informed of a prohibited (or illegal) use of the application or software, he undertakes to notify the company as soon as possible. The company reserves the right to appeal to the user, in the event of an investigation into one of the prohibited uses mentioned in the previous paragraph.
The user undertakes to respect the rights, including intellectual property rights, held by the company and its partners and will take care not to harm or violate these rights.
Without prejudice to other rights, if a user does not comply, even partially, with one of the provisions of this article, the company may take any action it deems appropriate.
Participation in the games is without obligation to purchase, except with regard to the possible cost of a telephone package.
The user will make sure to use the application and the game in accordance with the rules of the game. These rules can be consulted from the website www.ozhers.com ("rules of the Game", "how to play" as well as any other document that may refer to our site).
Failing this, the company may take any action it deems appropriate.
The company ensures that no software other than that made available by the application is used in the game, be it artificial intelligence, cheat software, hacker program.
The user thus authorizes the company to carry out all control measures to achieve this objective, in particular, by consulting the list of programs running on a player's support. The user undertakes not to resort to this type of manipulation.
A right to download and use the application free of charge is granted to the user, within the limit of personal use. It is strictly prohibited to translate, modify, adapt, decode, decompile, disassemble or attempt in any other way to discover the source code of the application.
In the event of a change of territory, the user agrees to check that the application is compatible with the legislation in force.
The user accepts that the application uses random number generator software (“RNG”) for the conduct of the Game (in particular for the purpose of distributing the players within a game; determining the choice of Joker and its location…).
If there is a discrepancy between the information written on a user's media, that of another player, or that of the Company's server, the information on the Company's server shall prevail.
The user accepts that his location (localization) is recorded continuously when he uses the application. If the application is in the background or closed, the application will use its last retained location. This data is necessary for the proper functioning of the game. Proof may be requested in cases where the user disconnects from the application then reconnects in a very short period of time and the distance traveled during this time seems suspicious.
As part of the management and development of the application, the company grants itself the right, without obligation to notify the user, to suspend, modify, delete and/or add services, with immediate effect, and without the liability of the company being engaged.
The player undertakes to ensure fair play, any attempt at cheating, fraud or non-compliance with the rules of the game may lead to the closure of the account as well as any other measure that the company deems appropriate.
The opening, maintenance and closing of a user account is the exclusive competence of the company, and cannot be the subject of recourse.
As regards the use of the chat devices, the player agrees to use them in accordance with the provisions set out in article 7 third-party content.
The company will take all necessary measures to preserve the pleasure that users will have while playing on the Ozhers application and will ensure that no other player receives any help or unfair advantage.
No tolerance will be given to any reprehensible attitude or fraudulent, dishonest or inappropriate activity. If a user is guilty of cheating (for example by using software helping to locate another player, hacking the game, rigging the geolocation, falsifying the result of a control procedure, hindering the normal running of the game, etc.), of attempting fraud against the Company or another user, use of the application for illegal purposes, the company reserves the right to suspend and/or close the account of this user.
In the event of fraudulent activities, the company also reserves the right to disseminate this information as well as the identity of the fraudulent user to the competent authorities as well as the possibility of initiating any legal action, including criminal, to against the user.
For reasons related to the protection of personal data, security and the fight against fraud, the company prohibits the use of the means of communication included in the game to offer or promote offers, products or services without the prior agreement of SAS AB CREATIONS.
It is strictly forbidden to make abusive, insulting, obscene, racist, defamatory, pornographic, threatening, violent, slanderous comments on the discussion forums or on any space of expression that the company makes available to users. Any use for the purposes of propaganda or apology for terrorism, incitement to hatred or racism will be sanctioned by the closure of the account, the disclosure of the messages as well as the identity of the authors to the competent authorities.
It is also forbidden to make false or malicious and/or harmful comments concerning the company or one of its partners, on any medium whatsoever.
The company may reject or delete any text, file, image, photo, video, audio content, or other material uploaded by use on our platforms which is in violation either of the law or of the stipulations of this contract. .
In case of harassment, it is possible for all users to inform the company which will notify the author and ask him to stop his behavior, if the person persists, he may be subject to prosecution judicial.
The user is solely responsible for all that he posts on the communication spaces.
Any violation of this clause may result in the removal of third-party content, a temporary or even permanent ban on using the game and/or any other measure that the company may reasonably deem necessary to enforce this article.
The company reserves the right to quote the pseudonym of a user as well as the remarks made by the user on the discussion platforms open to all players or in another context having a link with our company.
The user agrees that his personal data may be communicated to other users within the limits of what is necessary for the proper functioning of the game, as well as to the agents organizing the Ozhers parties or to third parties to carry out controls of safety or compliance, but also as part of a research and development process with a view to improving our services, always in compliance with the legislation and regulations in force.
The personal data concerned by this collection and processing are:
Some of its data will be shared with certain third parties such as:
The company's agents or principals as well as any third party will only use and retain your personal data for the purpose previously set by the company.
Geolocation will only be used for the smooth running of the game (when using certain jokers or when a player tries to eliminate his target).
By accepting these general conditions of use, the user consents to the processing, collection and use of the personal data mentioned in this clause. The user also agrees that this data may be kept for a period of up to three years after the closure of your account. By accepting these general conditions of use, the user agrees not to exercise a right of opposition but a right to be forgotten (withdrawal of the consent given) in the event that he wishes to withdraw his consent.
The company may be required to disclose the personal information of the user with regard to legal obligations or when the latter has caused serious damage to the company requiring legal action.
All exchanges between the user and the company can be recorded, whether e-mails, SMS, telephone calls or even the use of social networks in accordance with the regulations applicable to the protection of personal data.
The user can contact the company to consult or modify any of the information relating to his personal data or his right to be forgotten. As such, the company undertakes to provide answers to users' questions.
For information, for any information on the rights and respect due concerning the protection of personal data, the Commission Nationale Informatique et Libertés (CNIL) is the competent authority.
The user uses the application made available of his own free will and at his sole risk. SAS AB CREATIONS cannot be held responsible for use for purposes other than those intended by the company.
The company cannot be held responsible for any failure to perform its obligations if this failure occurs as a result of a fault of the user or an illegal act committed by a third party or an event of case force majeure.
The company is not responsible for the quality of the telephone operator's network coverage and the consequences of breakdowns or connection faults.
The company will ensure the proper functioning of the application and the smooth running of the parties but cannot be held responsible in the event of impossibility of access to the parties in the event of force majeure or an event beyond the control of the publisher, and subject to any breakdowns and maintenance interventions necessary for the proper functioning of the site and services. Consequently, the company cannot guarantee the availability of the site and/or services, the reliability of transmissions and performance in terms of response time or quality.
The company is also committed to ensuring that incivility is avoided as much as possible during the games. As such, the company may delete and permanently remove from the application users guilty of incivility or who do not respect these general conditions of use. However, the company cannot be held responsible for the behavior of others, users of its application.
It will thus be made available to users a means of contacting the company to report any reprehensible attitudes of other users.
To guarantee the security and integrity of the system, the company may at any time carry out security checks to verify that the information communicated by the user is accurate, that the latter is indeed the user of his player account. , that this user does not violate the rules of the game or his commitments to the company.
The user also consents that the principal agents of the company, see third parties, can carry out investigations and use the information transmitted. To facilitate these checks, the user accepts maximum cooperation.
In the event of an error noted on the user's account, the user undertakes to communicate this error as soon as possible.
The same applies to any anomalies in the game. The company will therefore endeavor to correct the error and put all the people affected by the situation under the conditions they could have legitimately expected, otherwise in the situation they were in before the occurrence of the anomaly.
If an error is found to have been used to gain an unfair advantage, the account may be closed and any other action deemed necessary may be taken.
The player agrees not to try to exploit any error, virus, defect or inconsistency (“bug”) detected in the software, to his advantage or to the detriment of other players. In addition, the player agrees to report such a bug to customer service immediately upon discovery of the latter.
In the event of a serious breach by the user of the contract, in the event of the use of fraudulent or prohibited or even illicit means, the company grants itself the right to terminate the contract, to close the user account as well as any other deemed necessary.
The company may also terminate the contract on its own initiative, by informing the user of the decision by sending an e-mail to the address indicated by the latter, giving one month's notice.
The user has the right to close his account at any time and to terminate the contract, by informing the company by mail or by contacting it on the website www.ozhers.fr.
The provisions relating to intellectual property rights, fraudulent activities, personal data, liability and guarantees, and the contractual regime will survive the termination of the contract.
This contract is governed by French law. Each party irrevocably acknowledges that the French courts will have exclusive jurisdiction to hear disputes or disputes relating to the contract, its performance or arising therefrom If one of the stipulations of the contract proves to be null, illegal or inapplicable for any reason whatsoever , this will not affect the validity of the rest of the contract, only the part tainted with illegality, nullity or unenforceability will be excluded.
This contract may be modified in whole or in part, by an amendment which can only be the result of the company. In this case, the new contract will replace the old one within 7 days, the continued use of the application by the user will be considered as acceptance of the amendment.
The possibility of assignment of the contract is not synallagmatic, only the company can assign, transfer or pledge the contract in its entirety or only partially, or even grant a sub-licence concerning them, without the need to obtain the consent of the user.