GENERAL TERMS OF USE

TERMS AND CONDITIONS OF USE

Definitions
The following terms are defined as:
“Website”: the following Publisher's websites and all of their pages (excluding the "Careers" pages managed by our partner Lever on quanticdream.com and excluding the "Shop" pages on quanticdream.com).
“Publisher” or “We”: Quantic Dream, legal entity, 30 rue Raoul Wallenberg, 75019 Paris, France, responsible for publishing the Service and its content.
“User” or “You”: the internet user visiting and using a Website.
“Content”: means all information published on the Publisher’s Website, namely but not limited to trademarks, logos, text, images, photos, videos, etc.
These Terms and Conditions (hereinafter called the “Terms”) have been drafted by the Publisher in order to explain the conditions of use of its Website. Users of the Website are requested to read these Terms carefully, and to print them out and/or save them on a durable medium. Users acknowledge that by using the Website they have read the Terms and accept them in full without reservation. If Users do not understand or agree to these Terms, please do not use the Website.

Article 1 - Application of the Terms
The purpose of these Terms is to define the conditions of access to and use of the Website by Users. The Publisher reserves the right to amend the Terms at any time by publishing a new version of them on the Website. The Terms 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 Terms, and also that Users acknowledge that he/she is fully acquainted with them.
Acceptance of these Terms 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.
The Publisher makes available to the User on its Website  a Privacy Policy specifying all the information relating to use of the User’s personal data collected by the Publisher and to the rights the User has in respect of these personal data. The Privacy Policy in respect of the data forms part of the Terms. Acceptance of these Terms consequently implies acceptance of the Privacy Policy.

Article 2 – Legal notice and personal data
This Website is published by Quantic Dream SAS.
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 notice.
Information about the collection and processing of personal data (policy and declaration) are provided in the Website’s Privacy Policy.

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 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:
• direct or indirect loss or damage, particularly loss of profits, loss of earnings, loss of customers or data which could result, inter alia, from using the Website or, on the contrary, from the impossibility of using it;
• any malfunction, unavailability of access, incorrect use, incorrect configuration of the User’s computer or the use of a browser that is rarely used by the User.

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
When visiting the Website, cookies may be stored on the computer, tablet or any terminal used by the User. These enable the Publisher to analyze the number of visits to the pages and to improve the Website. The cookies are used according to their type and for the purposes set out in our Privacy Policy.
The User has the option to accept or refuse cookies by using the mechanism integrated into the banner of the concerned Website or the tools described.

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, Fan kits, 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
Any notification or opinion about these Terms, the Legal Notice or the Privacy Policy must be sent in writing by registered or certified mail, or by email to the address given in the Legal Notice; the notifying party must state their first name, surname and address, and the purpose of the notification. With regard to the Informal Dispute Resolution process, please refer to the relevant section of the Terms to follow the appropriate Notification procedure.
For any request concerning personal data (access, correction, limitation etc.), the User must send his request to the address stated in the Privacy Policy.
It is possible that, to a limited extent within the Website, there may be inaccuracies or errors or information that is not consistent with the Terms, Legal Notices or the Privacy Policy. Furthermore, it is possible that unauthorized modifications are made to the Website or associated services (social media etc.) by third parties.
In such a situation, the User can contact the Publisher by post or email at the addresses given in the Legal Notice, 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 Terms be deemed unlawful, null and void or unenforceable for any other reason, this provision shall be deemed severable from the Terms and shall not affect the validity or applicability of the remaining provisions.
These Terms 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 Terms and all notices provided in electronic form may be requested in legal or administrative proceedings in connection with the Terms. The parties agree that all correspondence relating to these Terms shall be written in French or English.

Article 10 – Dispute Resolution
The terms “Publisher” or “We” in Article 10 of the Terms shall be understood as referring to Quantic Dream or any company within its group authorized by it.

10.1 – Applicable law
a) If You are resident in the European Union, Switzerland or the United-Kingdom, then the laws of France will govern these Terms, without regard to principles of conflict of laws. Nothing in these Terms limits your right to initiate a proceeding according to mandatory laws of your country of residence.
(b) If You reside in North America, then these Terms shall be governed by California law, without regard to principles of conflict of laws. For any Dispute (defined below) deemed not subject to binding individual arbitration, You and Publisher agree to submit to the exclusive jurisdiction of Orange County, California, or, if federal court jurisdiction exists, the United States District Court for the Central District of California. You and Publisher agree to waive any jurisdictional, venue, or inconvenient forum objections to such courts (without affecting either party's rights to remove a case to federal court if permissible).
(c) If You reside outside of the EEA, Switzerland, the UK, or North America, then the laws of Singapore will govern these Terms, without regard to principles of conflict of laws. Nothing in these Terms limits your right to initiate a proceeding according to mandatory laws of your country of residence.
(d) The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.

10.2 - Informal Dispute Resolution.
Publisher is committed to customer and Users satisfaction and aim to resolve all your concerns amicably and efficiently. As a first step We always encourage You to contact our customer support team as this is usually the quickest and most efficient way to resolve potential problems. If the problem persists, You and Publisher agree to give each other an opportunity to resolve any disagreements first through the following informal dispute resolution process before resorting to more formal means of resolution ("Informal Dispute Resolution").
To initiate Informal Dispute Resolution, a party must give notice in writing to the other party according to this section ("Notice"). Notice to Publisher must be sent to [email protected]. The Notice must:
(i)        include your full name, address, and contact email address.
(ii)       explain what the disagreement is about; and
(iii)     explain what You want as a solution.
If We have a disagreement with You, We will send a Notice and a description of the disagreement to your email address.
Both You and Publisher will endeavor to resolve the disagreement for a period of sixty (60) days after We receive the Notice, and during this period You agree that
(i)           neither party will submit the disagreement to arbitration or "small claims" or another court and
(ii)          all applicable statute of limitations and filing fee deadlines shall be tolled as of the day a compliant Notice was received by a party. You and we agree that either party has the option to ask the other to meet and confer telephonically for an informal dispute resolution conference ("Conference").
The Conference shall be individualized such that a separate Conference must be held for each user, even if the same law firm or group of law firms represents multiple users in similar cases, unless all parties agree; multiple users cannot participate in the same Conference unless all parties agree. If You are represented by counsel, your counsel may participate in the Conference, but You must also personally participate.
If the Dispute is not resolved within the sixty (60)-day period by Informal Dispute Resolution, You or We may start arbitration or file in the appropriate court in accordance with these Terms.

10.3 – Arbitration agreement
(a) The terms in sections 10.3 through to 10.13 shall collectively be referred to as the "Arbitration Agreement".
(b) Applicability of the Arbitration Agreement. Any dispute, controversy, or claim arising out of or related to these Terms, the Website, the services or Content or any aspect of your relationship with Publisher that cannot be resolved through Informal Dispute Resolution ("Dispute"), shall, to the fullest extent permitted by applicable law, be resolved exclusively by final, binding arbitration. This Arbitration Agreement will survive the termination of your relationship with Us. For purposes of this Arbitration Agreement, Dispute will also include disputes that arose or involve facts occurring before the existence of this or any prior versions of these Terms as well as claims that may arise after the termination of these Terms.
(c) Confidentiality. You must keep the existence of the arbitration, all materials and documents exchanged during the arbitration proceedings, and the arbitration award confidential and You must not share with anyone except your attorney or other professional advisors, and then subject to the condition that they keep all materials and documents exchanged during the arbitration proceedings confidential. If an arbitrator orders any exchange of information during arbitral proceedings, You will seek from the arbitrator protection for any confidential, proprietary, trade secret, or otherwise information, documents, testimony, or other materials that might be exchanged or the subject of discovery in the arbitration, before any such information becomes the subject of discovery in the arbitration.
(d) Arbitration Rules. The arbitration will be conducted in the English language before a single arbitrator. The arbitration hearing (if any) will be held by videoconference, unless either party requests an in-person hearing and the arbitrator agrees. Unless You and We otherwise agree, an in-person hearing will be held in the county where You reside (for U.S. residents), Irvine, CA (for non-U.S. residents), or as determined by the arbitrator (in the case of Batch Arbitration). A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the "Request"). A Request to us should be sent by email to [email protected]. A Request to You will be sent to your email address. The Request must include: (1) the name, telephone number, mailing address, e‐mail address of the party seeking arbitration and the account username (if applicable) as well as the email address associated with any applicable account; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy in United States Dollars; (4) a statement certifying completion of the Informal Dispute Resolution process as described above; and (5) evidence that the requesting party has paid any necessary filing fees in connection with such arbitration.

10.4 Additional Terms - North America. If You reside in North America, then the following terms shall apply:
(a) FAA. These Terms affect interstate commerce, and the enforceability of this Section will be substantively and procedurally governed by the U.S. Federal Arbitration Act ("FAA"), 9 U.S.C. § 1, et seq., and federal arbitration law.
(b) Rules and Forum. The arbitration shall be administered by National Arbitration and Mediation ("NAM") in accordance with its Comprehensive Dispute Resolution Rules and Procedures (the "NAM Rules") in effect when the arbitration is commenced, as modified by these Terms. The NAM Mass Filing Supplemental Dispute Resolution Rules and Procedures (the "NAM Mass Filing Rules") will apply if twenty-five (25) or more similar claims are asserted against Publisher or any of its parents company, by the same or coordinated counsel or are otherwise coordinated ("Mass Filing"). The arbitrator's decision is final, except for a limited review by courts under the FAA, and can be enforced like any other court order or judgment. Subject to the NAM Rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of the arbitration. If NAM is not available to arbitrate, the parties will select an alternative arbitral forum. The parties' responsibility to pay any NAM fees and costs will be solely as set forth in the applicable NAM Rules. The parties further agree that any Dispute must be initiated within the applicable statute of limitation for that claim or controversy, or it will be forever time barred. Likewise, the parties agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction.
(c) Batch Arbitration. You agree that if there are twenty-five (25) or more individual arbitrations of a substantially similar nature filed against Publisher or any of its parents company by or with the assistance of the same law firm, group of law firms, or organizations, within a ninety (90) day period, NAM shall (i) administer the arbitration demands in batches of 100 claims per batch (or, if between twenty-five (25) and ninety-nine (99) individual arbitrations are filed, a single batch of all those arbitrations, and, to the extent there are less than 100 claims left over after the batching described above, a final batch consisting of the remaining arbitrations); (ii) appoint one arbitrator for each batch; and (iii) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award ("Batch Arbitration"). Applicable statutes of limitations will be tolled for claims asserted in a Batch Arbitration from the time a compliant Notice has been received by a party until the Mass Filing is filed in NAM or in court. To the extent the parties disagree on any issue arising out of or relating to the Batch Arbitration, the disagreeing party shall advise NAM, and NAM shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process ("Procedural Arbitrator"). The Procedural Arbitrator's fees shall be paid by Publisher or its parent company. This provision shall in no way be interpreted as authorizing a class, collective, or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision. All parties agree that arbitrations are of a "substantially similar nature" if they arise out of or relate to the same event or factual scenario, raise the same or similar legal issues, and seek the same or similar relief.
(d) Arbitrator. The arbitrator will be a neutral party (not a judge or jury) who is either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from NAM's roster of consumer dispute arbitrators, provided that if the Batch Arbitration process under subsection 10.4(c) is triggered, NAM will appoint the arbitrator for each batch. The arbitrator shall have exclusive authority to resolve any Dispute and aspect thereof, except that all Disputes arising out of or relating to class action waiver including any claim that it is unenforceable, illegal, void or voidable, or that it has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator, and any arbitration shall be stayed pending a decision by the court in such a matter.

10.5 Additional terms - EEA, Switzerland, or the UK: We encourage You to refer to the Informal Dispute Resolution process (see Section 10.2). If You reside in the EEA or are making a claim against one of the NetEase entities based in the EEA, then You are also entitled to submit your complaint to the European Commission's Online Dispute Resolution ("ODR Platform"). ODR Platform allows EEA consumers to resolve disputes related to the online purchases of goods and services without going to court. Any Disputes between us not resolved by the Informal Dispute Resolution Process described above or through the ODR Platform, will be decided in the courts of London, England, except to the extent prohibited by law. If You are an individual consumer, then You may be entitled to invoke the mandatory consumer protection laws where You live, or bring legal proceedings in the courts where You live. If We needs to enforce its rights against You as an individual consumer in the EEA, then We will do so in your country of residence.

10.6 Additional Terms - Rest of World. If You reside outside North America, the EEA, Switzerland, or the UK, then You agree that all Disputes shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre ("SIAC") in accordance with the Arbitration Rules of the SIAC ("SIAC Rules") at the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. You further agree that following the commencement of SIAC arbitration, You will attempt in good faith to resolve the Dispute with us through mediation at the Singapore International Mediation Centre ("SIMC"), in accordance with the SIAC-SIMC Arb-Med-Arb Protocol at the time being in force. Any settlement reached in the course of the mediation shall be referred to the arbitral tribunal appointed by SIAC and may be made a consent award on agreed terms. The parties' responsibility to pay any SIAC fees and costs will be solely as set forth in the applicable SIAC Rules.

10.7 Arbitration Award. The arbitrator's award will be final and binding. Judgment on the award may be entered in any court of competent jurisdiction.

10.8 Costs of Arbitration. The parties shall bear their own attorneys' fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Request was frivolous or was brought for an improper purpose (for North America, as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

10.9 Waiver of Class Actions and Class Arbitrations. To the maximum extent permitted by applicable law, for any case not subject to the requirement to arbitrate (except to the limited extent discussed above for Mass Filings), You and Publisher agree to only bring disputes in an individual capacity and shall not (a) seek to bring, join, or participate in any class or representative action, collective or class-wide arbitration, or any other action where another individual or entity acts in a representative capacity, or (b) consolidate or combine individual proceedings or permit another to do so without the express consent of all parties to these Terms and all other actions or arbitrations. Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under the subsection 10.4(c) entitled "Batch Arbitration". Notwithstanding anything to the contrary in this Arbitration Agreement, if a final decision, not subject to any further appeal or recourse, determines that the limitations of this subsection are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), You and We agree that the particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the courts indicated in subsection 10.1(b) above. All other Disputes shall be arbitrated or litigated in small claims court. This subsection does not prevent You or Publisher and parents companies from participating in a class-wide settlement of claims.

10.10 Jury Trial Waiver. To the maximum extent permitted by applicable law, You and Publisher and its parent companies agree to waive right to a jury trial. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

10.11 Opt-Out. You have the right to opt out of this Arbitration Agreement by sending written notice of your decision to opt out to the following email address: [email protected], within 30 days after first agreeing or becoming subject to this Arbitration Agreement. Your notice must include your name and address, your contact email address, and an unequivocal statement that You want to opt out of this Arbitration Agreement. If You opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to You. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that You may currently have, or may enter in the future, with us.

10.12 Modification. We retain the right to modify this Arbitration Agreement in the future. Changes will be posted here, and You should regularly check for the most recent version. If We make any future, material change to this Arbitration Agreement, We will notify You through the contact information in your account, if any. Unless You opt out within thirty (30) days of such change becoming effective by informing us at the following email address: [email protected], your continued use of Website and services after the effective date of any changes to this Arbitration Agreement constitutes your acceptance of any such change. Changes to this Arbitration Agreement do not apply to any claim that was filed in a legal proceeding against Publisher or any of its parent company or You prior to the effective date of the modification. Changes to this Arbitration Agreement do not provide You with a new opportunity to opt out of the Arbitration Agreement if You have previously agreed to a version of these Terms and did not validly opt out of arbitration. If You reject any change or update to this Arbitration Agreement, and You were bound by an existing agreement to arbitrate Disputes, the provisions of this Arbitration Agreement as of the date You first accepted these Terms (modified by any subsequent changes to these Terms You accepted) remain in full force and effect. We will continue to honor any valid opt outs of the Arbitration Agreement that You made to a prior version of these Terms.

10.13 Exceptions. Notwithstanding anything in these Terms to the contrary, You and We agree that each party may: (a) bring a qualifying claim over a Dispute in a small claims court or tribunal, or (b) seek equitable relief in court for infringement or other misuse of intellectual property. Notwithstanding the foregoing, each party reserves the right to seek injunctive or other equitable relief in a court of competent jurisdiction with respect to any dispute related to the actual or threatened infringement, misappropriation or violation of a party's intellectual property or proprietary rights.