TERMS OF USE

Last updated: 27/08/2018

1 / ORGANIZING COMPANY

The application for smartphone « FLASHBREAK » (« the Application ») is developed by RDV Entertainment (the « Sponsor »), a simplified joint-stock company with a capital of 10,000 euros, incorporated in France and entered on the Paris Trade and Companies Register under number 401 899 349, having its registered office at 3 Boulevard Sebastopol, 75001 Paris.

2 / CONDITIONS OF USE

A) ACCEPTANCE

Your use of the App indicates that you agree and agree to abide by these Terms of Use and all other operating rules, policies and procedures that may be published from time to time through the App by us, including Rules and Privacy Policy.

B) MODIFICATION

Sponsor reserves the right to modify the Terms of Use, the Privacy Policy and the Rules at any time and in any way. You can consult at any time the latest versions of these documents; you will be informed of any significant changes.

C) ELIGIBILITY

You represent and warrant that you are an individual person at least 18 years of age. If you are under age 18, you may not, under any circumstances or for any reason, use the Application. 

3 / YOUR ACCOUNT

A) CREATION

When creating your account, you must provide accurate information. Any inaccurate or false information is likely to invalidate the participation in the contest and, if necessary, to make it impossible for the Sponsor to pay the Prize to the participant.

B) USE

You are responsible for the activity of your account on the Application and your password is personal and confidential. In case of unauthorized use of your Account, inform us.

C) TERMINATION

Sponsor reserves the right to terminate your access to the App for any reason, without notice, at any time, and in its sole discretion, with or without cause. This termination may result in the forfeiture and removal of all information associated with your use of the Application.

4 / LICENSE

Subject to these Terms of Use, the Official Rules, the Privacy Policy and the laws of the entrant’s country, the Sponsor grants each user a worldwide, non-exclusive, non-transferable license to use the Application and its contents. The use, reproduction, modification, distribution or storage of any Content (other than your User Content) for purposes other than the use of the Application is expressly prohibited.

5 / CONTENT

A) DEFINITION

The term « Content » includes, but is not limited to, all text, written messages and comments, photographs and videos accessible in the Application. « User Content » means all content created by users, whether publicly published or privately transmitted.

B) LIABILITY

You are responsible for the Content you post. In particular, it is your responsibility to ensure that the content you post is in accordance with the law of your country, these Terms of Use, the Official Rules and the Privacy Policy. Sponsor is not responsible for User Content.

C) RESTRICTIONS

You must not use the App for purposes that are prohibited by these Terms of Use. In particular, you must not publish Content a) false or inaccurate b) offensive, vulgar, obscene or defamatory c) contrary to the law in force in your country d) infringing any intellectual property or the right of others e) constituting a advertising (« spam »).

Sponsor reserves the right to determine, in its sole discretion, the inappropriateness of the User Content. Any publication of inappropriate content or contrary to these restrictions will result in termination of access to the Application.

D) LICENSE

By posting Content via the Application, you grant the Sponsor a non-exclusive, irrevocable, worldwide, royalty-free, fully paid, assignable and transferable intellectual property rights license to us to use, copy, modify and use it.

6 / USE OF THE APPLICATION

A) GENERAL

The Application is provided « as is » and without warranty of any kind, express or implied, from the Sponsor. In particular, the Sponsor does not guarantee a) that the Application will always be secure b) will always be available c) will always be free of bugs, malfunction or viruses. Your use of the Application is at your own risk.

B) RESTRICTIONS

You must not attempt to disrupt, damage or limit the operation of the Application. In particular, you should not conduct actions that could impose a disproportionate burden on our infrastructure, attempt to derive source code from the Application or attempt to modify the operation of the Application.

The Sponsor reserves the right to determine, in its sole discretion, the malicious nature of an action. Any malicious action will result in the termination of access to the Application and will be prosecuted under the provisions of the Penal Code.

7 / INTELLECTUAL PROPERTY

The Application and all rights attached are the exclusive property of RDV Entertainment. All trademarks, logos and other distinctive signs reproduced on the Application are the exclusive property of RDV Entertainment and, as such, are protected by the provisions of the Intellectual Property Code. Any unauthorized reproduction of these trademarks, logos and symbols constitutes a copyright infringement that is subject to prosecution.

8 / PENAL PROVISIONS AND DISPUTES

Any inaccurate or false statement, fraud or attempted fraud will result in the disqualification of the Participant concerned and may be subject to prosecution.

Any difficulty that may arise from the application or interpretation of these Terms of Use, or that would not be provided for by it, shall be decided by the Sponsor.

Any dispute or claim relating to a Contest must be sent to the Sponsor by mail, within a maximum of thirty (30) days from the date of the Contest concerned. Beyond this period, no claim / dispute will be admissible.

The applicable law of these Terms of Use is French law. Any litigation arising from the application will be submitted to the competent jurisdictions to which the Sponsor’s registered office is subject, unless there are public policy provisions to the contrary.