The following terms are used as defined below:
These General Conditions of Use (hereinafter called the “GCU”) have been drafted by the Website Publisher. Users of the Website are requested to read these GCU carefully, and to print them out and/or save them on a durable medium. Users acknowledge that they have read the GCU and accept them in full without reservation.
Article 1 - Application of the GCU
The purpose of these GCU is to define the conditions of access to and use of the Website by Users. The Publisher reserves the right to amend the GCU at any time by publishing a new version of them on the Website. The GCU applicable to the User are those in effect on the date of acceptance.
There is no charge to Users for using or accessing the Website. Downloading Content, or in general browsing the Website, implies the User’s acceptance of all these GCU, and also that he/she acknowledges that he/she is fully acquainted with them.
Acceptance of these GCU implies that Users have the legal capacity necessary to do so. If the User is a minor or does not have this legal capacity, he/she declares that he/she has obtained permission from a guardian, trustee or his/her legal representative.
Article 2 – Legal notices, personal data
This Website is published by Quantic Dream SA. The legal information concerning the host and publisher of the Website, in particular contact details and any information about capital and registration, is provided in this Website’s legal notices.
Article 3 – Access and availability of the Website
The Publisher uses its best endeavors to make the Website permanently accessible, subject to maintenance operations affecting the Website or the servers on which it is hosted. If it is impossible to access the Website due to technical problems or problems of any kind, the User may not claim any loss and has no right to claim any compensation.
The Website Publisher is bound by a best endeavors obligation; it cannot be held liable for damage resulting from use of the Internet such as loss of data, intrusion, viruses, breakdown in service, or similar.
The User expressly accepts that he/she uses the Website at his/her own risk and on his/her own exclusive responsibility.
The Website provides the User with information for reference only, with any imperfections, errors, omissions, inaccuracy or other ambivalent statements that may exist. Under no circumstances can the Publisher be held liable for:
Article 4 – Hypertext links
The Website may include hypertext links to other websites.
The User consequently acknowledges that the Publisher cannot be held liable for any loss or damage, whether proven or alleged, arising from or in connection with the use of, or from having become aware of, the content, advertising, products or services available on these websites or external sources. Neither can the Publisher of this Website be held liable if a visit by the User to one of these websites should cause him any loss.
In spite the Publisher’s best endeavors, were one of the hypertext links present on the Website to direct the User to a website or internet source the content of which does not comply with the requirements of French law, or appears to a User not to do so, the latter undertakes to contact the Website’s publication director, whose contact details appear in the Website’s legal notices, in order to notify him of the address of the pages of the third party website concerned.
Article 5 – Cookies
Article 6 – Intellectual property rights
All the Content on this Website belongs to the Publisher or a third party representative, or is used by the Publisher on the Website with the content owner’s consent.
With the exception of Downloadable Content voluntarily made available by the Publisher on the Website (in particular Press kits and Fan kits), for which the conditions of use are defined below, any representation, reproduction or adaptation of Content (including but not necessarily limited to logos, textual content, pictographic or video content) is strictly prohibited and is deemed to constitute an infringement.
Any User who is guilty of infringement could see his access to the Website blocked without prior notice or compensation, without it being possible for such exclusion to be construed as loss or damage for the User, and without prejudice to the right to pursue legal proceedings against him/her/them by the Publisher of the Website or the owners of the Content.
The trademarks and logos used on the Website are likely to be registered by the Publisher or one of its partners. Any person representing, reproducing, nesting, transmitting or retransmitting them shall be subject to the penalties provided for in articles L.713-2 et seq. of the French Intellectual Property Code.
Conditions of use for Downloadable Content:
Users may freely download the downloadable Content indicated as such on the relevant Website, for example: Press Kits, Fankits, designs, screenshots or videos ("Downloadable Content").
Downloadable Content for media (Press Kits) may be used free of charge for promotional and/or press use only (excluding any commercial use) provided that each piece of Content is credited with the corresponding credits. The Users (media) who would use these Contents will have to make a reference on the concerned Website and will send to the Publisher a proof of publication.
Other Downloadable Content may be used by the User for personal purposes only, excluding any commercial use.
It is strictly forbidden (i) to bypass or disable any protection system of any Downloadable Content or any digital rights management technology that may have been put in place by the Publisher or its partners, (ii) to decompile, disassemble or reverse engineer, (iii) to remove the identifying marks and copyrights of such Content.
Article 7 - Liability
The Publisher cannot under any circumstances be held liable for any damage likely to occur to the User’s IT system and/or any loss of data resulting from the User’s use of the Website.
The Publisher undertakes to update the content of the Website constantly and to provide Users with accurate, clear, precise and updated information. The Website is in principle permanently accessible, except during technical maintenance operations and operations to update the content. The Publisher cannot be held liable for any loss or damage resulting from the unavailability of the Website or parts thereof.
The Website Publisher cannot be held liable for technical unavailability of the connection, whether due in particular to a case of force majeure, maintenance, updating, a modification to the Website, an intervention by the host, an internal or external strike, network failure or power outage.
The Publisher cannot be held liable for the non-functioning or malfunctioning of the Website, or inability to access it, attributable to unsuitable equipment, incorrect configuration or use of the User’s computer, malfunctions in the services providing access to Users or those of the internet network.
Article 8 - Notifications and complaints
In such a situation, the User can contact the Website Publisher by post or email at the addresses given in the Website’s Legal Notices, stating if possible, a description of the error and location (URL), and providing sufficient information for the User to be contacted.
Article 9 – Severability of clauses
Should any clause in the GCU be deemed unlawful, null and void or unenforceable for any other reason, this provision shall be deemed severable from the GCU and shall not affect the validity or applicability of the remaining provisions.
These GCU replace all previous or current written or verbal agreements. They cannot be assigned, transferred or sub-licensed by the User him/herself.
A printed version of the GCU and all notices provided in electronic form may be requested in legal or administrative proceedings in connection with the GCU. The parties agree that all correspondence relating to these GCU shall be written in French or English.
Article 10 – Applicable law
These GCU are governed by and subject to French law.
Unless stipulated otherwise, under public policy, any disputes which may occur within the context of execution of these GCU may be subject to assessment by the Website Publisher for the purpose of reaching an amicable settlement before any legal action is pursued.
It is expressly stated that requests for amicable settlement do not suspend the time limits allowed for instituting legal proceedings.
Unless stipulated otherwise, under public policy, any legal action relating to the enforcement of these GCU must be brought before the courts with jurisdiction for the defendant’s domicile.