INDIVIDUAL SOFTWARE LICENCE AGREEMENT FOR TUTTI FRUTTI GAMES S.A.S.

General Terms of Use for Software and Websites of Tutti Frutti Games ® S.A.S.

  • Publishing Company

    Company name: Tutti Frutti Games SAS
    Capital: 680,000 €
    Registration number with the RCS de Tours: 801 788 787 00019
    Head office address: 16 Rue des Sables, 37550 Saint-Avertin
    Telephone: + (33) 2 47 25 02 13
    Email:
    Legally responsible publisher: Philippe Hocdé, Chairman and Managing Director.

    Sites hosted by:
    Amazon Web Services, Inc..
    410 Terry Ave North
    Seattle, WA 98109-5210
    USA
    Copyright: Tutti Frutti Games®

    Sites subject to French law

    NB: USE OF TUTTI FRUTTI GAMES® S.A.S. SOFTWARE IMPLIES THAT YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS OF THE SOFTWARE LICENCE AGREEMENT FOR TUTTI FRUTTI GAMES.

    Tutti Frutti Games® S.A.S. grants you a licence, but under no circumstances assigns rights to software, interfaces, content, fonts and data related to the software of Tutti Frutti Games® S.A.S. Tutti Frutti Games® S.A.S. and its licensors retain ownership of the software and reserve all rights that are not specifically granted to you.
  • Purpose of the agreement

    Use of sites and applications implies full and express acceptance of the terms below, without prejudice to any special conditions that may apply to certain applications or services offered by the publishing company. These general terms of use are a legal agreement that grants users a licence for use, on a private non-transferable basis, of all products and services produced by Tutti Frutti Games® S.A.S.
    In the event of the current General Terms of Use being updated, all users of sites or applications published by Tutti Frutti Games® S.A.S. will be deemed to accept these general terms and any subsequent amendments. Logging into and/or using services or applications implies approval by the user of these general terms of use and any amendments. Tutti Frutti Games® S.A.S. reserves the right to discontinue all or part of its services and publications with or without notice, without liability. Any purchases made by players will be lost and will not be subject to reimbursement.

    The obligations, rights and conditions described in this document are governed by French law.
  • Access to sites and applications offered by Tutti Frutti Games® S.A.S.

    Access to this site is strictly reserved to users aged over 13 years. Users aged between 13 and 18 years must certify that their legal guardian recognises these general terms and has given agreement to log into and use applications and sites published by Tutti Frutti Games® S.A.S. In this regard, it is recommended that you consult our privacy policy, which forms an integral part of the general terms of use.
    Users are able to register by creating a Tutti Frutti Games® S.A.S player account or by using a Facebook account. The management of its data is described in our privacy policy.
    Users undertake to use the site in accordance with the laws of their usual place of residence and these General Terms of Use. Any breach of these General Terms of Use may lead to suspension or even cancellation of the user's account.
    The participation in games with endowment is strictly forbidden to minors under 18 or 21 years according to the legislation of his country of residence. In the case or a participant would have made a false declaration of birth date his account will be closed and no endowment will be attributed to him.
  • Conditions for registration and participation in sites and applications published by Tutti Frutti Games® S.A.S.

    Registration is reserved for natural persons. The user account is personal and non-transferable.
    Participation in multi-player games may be subject to certain conditions and to the provision of more detailed information.
    No data created by a player and made available to the public shall be allowed to create a confusion between the publishing company and the player.
    This same data must not in any way contravene good moral standards and legislation in any country.
    Players must always observe the laws of their country, while remembering that the publishing company Tutti Frutti Games® S.A.S. exists under French law. Any breach may lead to the suspension of the player account and prosecution before the competent authorities. In order to participate in some games and events, it is necessary to have a minimum number of gold coins.
    The user account will be considered as suspended in the event of inactivity for an uninterrupted period of 6 months. In this case, Tutti Frutti Games® S.A.S. may cancel and/or suspend the relevant account. In all cases, it may delete virtual currency associated with an account.
    The purchase of goods or virtual currency by a player is final and shall not be reimbursed in any case, except following an exceptional decision by the publishing company.
    Some games such as YouCatch require the GPS activation of the player's mobile phone. This geolocation is essential to the smooth running of the game and the player is informed that he is geolocated. This geolocation is accepted by the player under this contract. This geolocation is used to allow the program to launch the game's phases when the player is in certain places defined and displayed to the player. This geolocation is used, except during the game's phases, only in the use of generic behavioral statistics.
  • Games with prizes

    Tutti Frutti Games® S.A.S. may offer prizes for certain games.
    Participation in these games is allowed subject to the laws in your place of residence. Some countries or states prohibit participation in prize games in whole or in part, even if they are not games of chance. You must comply with the legislation of your place of residence. If you breach the legislation in your country, Tutti Frutti Games® S.A.S. disclaims any direct or indirect responsibility for your participation.
  • Intellectual property

    6.1 Copyright - Movie Music Games
    All rights excerpts from works which they are reproduced on this site or disseminated in web and mobile applications are reserved. Except authorization of the rights holders any use other than reproduction and individual and private consultation is forbidden. The content use is limited to a strictly private use in a family frame.
    Tutti Frutti Games respects copyrights under the Berne Convention and complies with Fair Use (USA) because the app does not prejudice the beneficiary, but rather provides them a free advertising for all of their distribution networks.

    6.2 Generic Rights-Tutti Frutti Games
    Tutti Frutti Games® S.A.S. holds all the intellectual and industrial property rights and those associated with it, or has obtained permission or the corresponding licences for the use of domain names, trademarks and distinctive signs, applications, graphics and the rest of the works and inventions associated with its websites and applications, their associated technology, as well as their content.
    The content of sites and applications published by Tutti Frutti Games® S.A.S., including drawings, games, texts, avatars, images and the source code (the ‘Content’), are protected by international intellectual property rights.
    In no circumstances may the content be used, reproduced, copied or transmitted in any form without the express agreement of Tutti Frutti Games® S.A.S. or its beneficiaries. Any third-party brands that may appear on the sites and in the applications belong to their third-party holders.
  • Cookies

    Users expressly authorise the publishing company Tutti Frutti Games® S.A.S. to use cookies from their computers or mobile devices to retain and retrieve data needed to manage the user session, keep the user's preferences or obtain usage statistics. Please consult our privacy policy.
  • Currencies and virtual objects

    The services and games under this agreement may include ‘virtual currencies’ as well as objects or services that can be used in our games.
    You are not owner of the currencies and/or the virtual objects. You purchase a limited and personal right for the use of the currencies and objects in question. Your balance of currencies and virtual objects has no real value in itself.
    The currencies and virtual objects that you buy from Tutti Frutti Games ® S.A.S. are final sales. Once purchased, they cannot be reimbursed. If you live in a country where there are certain rights of withdrawal for distance selling, these rights may apply on goods and services not yet used. Once the service or game has been used, such rights may not be exercised.
  • Convention of proof

    By express agreement between the user and the websites and applications that are the subject of this agreement, only the systems and computer files of these sites and applications will be considered valid. The computerised records, kept in the computer systems administered by Tutti Frutti Games® S.A.S. in reasonable conditions of safety and reliability, will be considered as the proof of the relations and communications occurring between Tutti Frutti Games® S.A.S. and the user.
    It is accordingly agreed that, except in the case of obvious error, Tutti Frutti Games® S.A.S. will be able to take advantage, especially for the purposes of proving any act, fact or omission, of the programs, data, files, records, operations and other elements (such as reports of monitoring or other states) of a nature or in the format of computer or electronic media, established, received or retained directly or indirectly by Tutti Frutti Games® S.A.S., especially in its computer systems.
    The elements thus considered as proof, if they are produced as proof by Tutti Frutti Games® S.A.S. in any litigation or otherwise, will be admissible, valid and enforceable between the parties in the same way, in the same conditions and with the same effect of proof as any document that might be written, received or retained in writing.
  • Liability

    Logging into Tutti Frutti Games® S.A.S. websites and mobile applications implies knowledge and acceptance by the user of the characteristics and limitations of the Internet and telecommunications networks, in particular as regards technical performance, response time for consultation, look-up, or transfer of information, the risks of interruption and, more generally, the risks inherent in any connection or transmission over electronic networks, the absence of protection of certain data against potential diversions and the risks of contamination by computer viruses which may potentially be circulating on the network. Accordingly, the organising company cannot in any circumstances be held liable (without this list being exhaustive) for:
    - the transmission and/or reception of any data and/or information on the Internet,
    - any malfunction of the telecommunications networks preventing the proper performance and/or operation of the game offered,
    - failure of any reception equipment or lines of communication,
    - loss of any paper or electronic mail and, more generally, the loss of any data,
    - routing problems,
    - the operation of any software,
    - the consequences of any computer virus or bug, anomaly and technical failure,
    - any damage caused to a user's computer,
    - any technical, hardware and software failure of any nature, having prevented or limited participation in the game or having damaged the computer system of a user.

    Neither can the publishing company be held liable for possible malfunctions of the telecommunication networks causing failures in the administration, security, integrity or the management of the game or service offered.
    The connection of any person to the games, and participation in them, is the sole responsibility of the user. It is up to all users to take all appropriate measures to protect their own data and/or software stored on their computer equipment against any attack.
  • Exclusions

    Tutti Frutti Games® S.A.S. reserves the right to exclude, to delete and to file complaints with the competent authorities against any player or user of sites and applications published by Tutti Frutti Games® S.A.S. which would be in contradiction with the following:

    It is forbidden:

    - to use our services to harm third parties,
    - to unlawfully retrieve, via various techniques, information regarding third parties,
    - to sell, transfer or attempt to sell or transfer a user account or its content,
    - to disrupt the normal performance of an application or to act in any other way likely to impair the ability of other players to compete in a fair manner, when they play our games or engage in real-time exchanges,
    - to use our sites and applications in contradiction with the laws or regulations in force in the country of the user.
    - Within the framework of the games: to cheat, or design or help to design cheating systems (for example, by playing using automated means or third-party software), or by circumventing in any other way the technological measures designed to control access to our sites and applications or to related items, or to engage in any other activity generally regarded as contrary to the present terms,
    - to create several accounts per platform to access our sites or applications,
    - to use the email address of a third-party physical person or legal entity to create a user account for our sites and applications,
    - to use our sites and applications for fraudulent or abusive purposes,
    - to divert, make anonymous or hide your IP address or the source of content that you put online,
    - to use our services for the benefit of third parties or to send unwanted communications,
    - to interfere with our sites and applications, our servers or networks, or to disrupt them,
    - to attempt to hack into our remote computer systems or downloaded applications with the purpose of causing nuisance or cheating against third parties or the publishing company.
  • Legal location

    Tutti Frutti Games® S.A.S. is a company under French law domiciled in 37550 Saint-Avertin, France, and the competent court is that of the city of Tours 37000, France.
    The original text of these general conditions is written in French. If an interpretation of translation could lead to confusion, only the original French text shall be valid.
  • Questions to Tutti Frutti Games® S.A.S.

    For any question about this licence agreement, contact Tutti Frutti Games® S.A.S. by emailing:


    or by post to:

    Tutti Frutti Games
    16 rue des Sables
    37550 Saint-Avertin - France