TERMS AND CONDITIONS OF USE
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEBSITE OR
DOWNLOADING THE GAME TRANSFORMICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED
HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT
USE THIS WEBSITE OR THE GAME.
Atelier 801 SARL would like to thank you for visiting our website. This document contains the terms and conditions
("Terms") for governing your access to, and use of , the Website located at www.transformice.com (or any
subsequent URL which may replace it) and all officially associated websites and micro-sites(collectively, the
"Website"), and all features, functions software and services offered through this Website. The Website, the Game
and the features, functions, software and services offered through this Website collectively constitute the "Service."
1. Legal Agreement
These Terms constitute a legal agreement between you and Atelier 801 SARL. Your using this Website or otherwise
accessing or downloading any of our Games, shall constitute your agreement to accept and be bound by the terms
and conditions appearing in these Terms, and your agreement to comply with any Rules of Conduct posted on the
Website or otherwise provided to you by Atelier 801 SARL (the "Rules of Conduct") and any end-user license
agreement ("EULA") applicable to our Game software or other software that we may provide in connection with the
Service (the "Software"), as they may be amended from time to time. If you do not agree with any of these Terms,
please do not access or otherwise use the Atelier 801 SARL Website and our Game (Transformice). In this
Agreement, the terms "We/us/our" mean Atelier 801 SARL "You/your" means you as a user of the Website or of our
Game. The "Game" means the multiplayer online game developed by Atelier 801 SARL - Transformice.
You hereby represent that you have the legal capacity to enter into this Agreement and you are not barred from
receiving services offered by the Website under the French laws or other applicable jurisdiction. You understand that
the services being offered may include certain communications from Atelier 801 SARL, such as service
announcements, administrative messages or other information, and that these communications constitute part of
the Service being offered by the Website and you may not have the right to opt out of receiving them.
Your use of the Website and the Service is subject at all times to these Terms, the Rules of Conduct, and any
applicable EULA. All user identities created on the Website are governed by these Terms. This includes, but is not
limited to, proper in-game and out-of-game conduct relating to the Game. This Agreement is in addition to, and
does not in any way replace or supplant, any EULA or any additional terms and conditions that may apply when you
use or purchase certain other Atelier 801 SARL products, services, affiliate services, third-party content or third-
party software.
2. Changes to terms
Atelier 801 SARL may amend these Terms, the Rules of Conduct, and any EULA at any time in our sole discretion.
Amendments and modifications will be effective immediately after publishing them on the Website or otherwise
providing you a copy thereof, and you waive any right you may have to receive specific notice of such changes or
modifications.. You agree to and are responsible for checking this Agreement, the Rules of Conduct and any EULA
periodically so you will be familiar with their contents as they may be amended or modified from time to time. By
continuing to use any portion of the Service, you are signifying your acceptance of any revised or updated terms. If
you do not agree to the amended terms, you must stop using the Service.
3. Description
Atelier 801 SARL provides free-to-play, multi-player online Games and related features, functions and services
available through the Website, such as community forums and other interactive areas. To access our Games, you
may be required to download and install certain client software, and such access entails the use of hardware,
software and Internet access (which you acknowledge play a crucial role in your user experience). You agree that
Atelier 801 SARL is not responsible for any hardware, software or Internet access, quality, suitability or unavailability
issues. Atelier 801 SARL does not provide Internet access, and you are responsible for all fees relating to telephone
and Internet access charges along with all necessary equipment, servicing, repair or correction incurred in
maintaining connectivity to the servers.
4. Proprietary Rights
Atelier 801 SARL is the owner of the Website, the Game, the Software and the Service, which are protected by French
and international law including copyright laws. All rights and title in and to the Website, the Game, the Software and
the Service, all features and content thereof (including without limitation any user accounts, titles, computer code,
files, game software, client and server software, tools, patches, updates, themes, objects, characters, character
names, stories, storylines, objects, content, text, dialogue, catch phrases, themes, locations, concepts, artwork,
designs, graphics, pictures, video, animation, sounds, music, musical, compositions, sound recordings, audio-
visual effects, information, data, documentation, , "applets", chat transcripts, character profile information, game
play, and recordings ) and the selection and arrangement thereof (collectively the "Proprietary Materials") are the
proprietary property of Atelier 801 SARL or its licensors and are protected by French and international copyright and
other proprietary rights laws. In the event that you make any modifications, adaptations or derivative works of any
kind to the Proprietary Materials (the "Modifications"), whether authorized or unauthorized, you understand and
agree that you shall retain no rights of any kind in and to such Modifications and that all rights therein shall belong
solely to Atelier 801 SARL. You hereby assign and transfer to Atelier 801 SARL, without any compensation, any and
all rights you may have in and to such Modifications.
5. Account / Registration procedure / Purchasing procedure
5.1 Account/Registration procedure
You may be required to create an account (an "Account") to access our Game and certain features and functions or
our Service.
If you are under the age of 13, you must have your parents or guardian agreement to create an account and we require
that you review these Terms with your parents or guardian to ensure they read and agree to them. If you are the
parent of guardian of a user of our website and you have questions about this website or these terms,
please contact us at contact@atelier801.com
By creating an Account or otherwise using the Service, you represent that you are at least age 18 and agree to these
Terms, or that you are over 13 years of age and your parents or legal guardian have read and agreed to these
Terms, and you understand and agree that we are relying upon that representation in allowing you to use the
Service.
Notwithstanding the above, certain portions of our Website and some of our games may contain mature contents
not suitable for anyone younger than 18 years of age. We will require that you confirm that you are 18 years of age
or older to access such content. If you enter any portion of the Website which is intended for or is marked for
mature audiences only, you are certifying that you are at least 18 years old or the applicable age of majority in the
jurisdiction in which you reside and have the legal right to access such content. We shall not be responsible in any
way for your failure to accurately confirm your age per the terms hereunder.
You, as creator of your Account and User ID, are solely responsible for your User ID . Atelier 801 SARL will not
tolerate offensive or obscene User IDs. If a User ID violates any part of these terms, we may immediately,
temporarily, or permanently ban such a User ID, with or without notice.
Atelier 801 SARL is not responsible for any misuse of your Account or your User ID, you agree to accept all risks of
unauthorized access to your Account and to hold Atelier 801 SARL and its affiliates harmless from and against any
improper use of your Account or your User ID, including, but not limited to, improper use by someone to whom you
revealed your password.
Please note that, you are responsible for maintaining the confidentiality and security of your User ID and password,
and you agree to notify us if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise
may have been compromised. You are solely responsible for all activities and transactions that occur under your
Account, and Atelier 801 SARL is not responsible for any unauthorized use of your account, including without
limitation in the event that your password is stolen or revealed to a third party. You agree to immediately notify us
of any unauthorized use of your Account or any other breach of security in relation to the Website, the Service or
our Games known to you. Atelier 801 SARL provides you with choice to change your password in order to safeguard
your Account.
5.2 Purchasing procedure
5.2.1 Credits: "Fraise"
Atelier 801 enables you to purchase items to customize your character. You can purchase these items for free by
using the in game money - "Cheese" .
Some items can also be purchased by buying credits - "Fraise".
Please note that character customization is only available to registered users.
Only registered users that have linked an email address to their account can purchase Fraises.
5.2.2 Fraise purchasing procedure
To purchase Fraise, please follow this procedure:
1. Log in the game
2. Open the shop
3. Choose "Buy Fraises"
If you did not link an email address to your account, a window to validate an email address will open.
4. Choose the amount of Fraises
5. Choose the purchase platform (Zong or Paypal)
Purchase with Paypal
6. Check your order on Paypal
7. Log in Paypal
8. Validate your order on Paypal
9. Go back to the game
10. Validate your order in game.
Only when you have validated your order in game, your bank account will be debited. Fraises will be immediately
credited on your in game account.
Purchase with Zong
a. Type in your phone number
b. You will receive a text message. Depending on what country you�re in, you will be asked to either type in a
4 digit PIN (provided in the text message) or reply to the text message to confirm the payment.
Fraises will be credited on your account when you have finish Zong procedure.
5.2.3 Paypal
Paypal is an international payment platform.
Paypal is used to pay by card or bank transfer. Registration is not required to pay by card. Registering enables to
pay with other ways (bank transfer) and to save your choices for ulterior purchase.
Paypal guarantees the security of payments and confidentiality of the personal data.
Atelier 801 SARL is not liable for any problem occurring with Paypal . Customer support is available at :
https://www.paypal.com/fr/cgi-bin/helpweb?cmd=_help .
5.2.4 Zong
Zong is an international payment platform.
Zong is used to pay by text messages. Registration is not required to use Zong services. a. Depending on what
country you�re in, you will be asked to either type in a 4 digit PIN (provided in the text message) or reply to the text
message to confirm the payment.
Zong guarantees the security of payments and confidentiality of the personal data.
Atelier 801 SARL is not liable for any problem occurring with Zong. Customer support is available at :
http://www.zong.com/help .
6. Privacy
Please review our Privacy Policy, for information regarding the collection, use and distribution of personal
information collected through this Website, which is published on the Website, currently at "Privacy Policy"
7. Game Updates
Update or "patch" are made directly on servers and do not have any consequences on your computer.
8. Monitoring
You understand and agree that when you communicate with other players within a game or utilize any interactive
features available on the Website, such as instant messaging, forums or chat rooms; thereby these communications
are recognized as public. Such communications and postings are transmitted through our servers, and we may, but
are not obligated to, monitor all such communications and postings.
You acknowledge that you have no expectation of privacy with respect to any such communications or postings, and
you expressly consent to such monitoring.
9. License
Subject to these Terms and any applicable EULA, Atelier 801 SARL grants to you, for your noncommercial and
personal use only, a limited, non-exclusive, revocable, nontransferable and nonsublicensable license to access and
use the Service and the Proprietary Materials
Except as expressly permitted in these Terms or in the applicable EULA, such license does not include, and you
agree not to engage in, any: (a) resale, sublicense, lending or commercial use of the Services or the Proprietary
Materials therein; (b) distribution, public performance or public display of any Proprietary Materials except in
connection with game play in the ordinary course, (d) modifying, adapting, altering, enhancing, or otherwise making
any derivative uses of any Games, game content or other Proprietary Materials, or any portion thereof ; (e) use of
any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page
caching) of any portion of the Proprietary Materials or any information contained therein, except as expressly
permitted on the Site; (g) reverse engineer or decompile the Proprietary Materials, or otherwise attempt to derive
source code from the Game or other software included in the Proprietary Materials; or (h) any use of the Services or
the Proprietary Materials other than for its intended purpose. Any use of the Service or the Proprietary Materials
other than as specifically authorized herein, without the prior written permission of Atelier 801 SARL is strictly
prohibited and will, at Atelier 801 SARL�s option, terminate the license granted herein. Such unauthorized use may
also violate applicable laws including without limitation copyright and trademark laws and applicable
communications regulations and statutes Unless explicitly stated herein, nothing in these Terms shall be construed
as conferring any license to or rights in intellectual property rights, whether by estoppel, implication or otherwise.
This license is revocable at any time with or without cause.
10. User Content
The Service may include discussion forums, chat rooms, user feedback, messaging features, comments and other
interactive areas or services ("Interactive Areas") in which you or other users create, post, send or store any content,
messages, materials, data, information, text, music, sound, photos, video, graphics, code or other items or
materials on or through the Website (the "User Content"). User Content posted to the Website is publicly available
and not confidential and will become the sole property of Atelier 801 SARL. Atelier 801 SARL strongly recommends
that you not publish any personal information about yourself or others on or through the Website. In consideration
of your use of the Service, you hereby transfer and assign to Atelier 801 SARL all right, title and interest in and to
the User Content you create, post, store or transmit on or through the Website, including all intellectual property
rights therein, and Atelier 801 SARL shall be entitled to the unrestricted use, dissemination and other exploitation
of such User Content for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You are solely responsible for the User Content you post and for your use of such Interactive Areas.
You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the
following:
(a) User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive,
harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise
objectionable;
(b) User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of
any party, or that would otherwise create liability or violate any local, state, national or international law,
(c) User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary
right of any party. By posting any User Content, you represent and warrant that you have the lawful right to
distribute and reproduce such User Content
(d) User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or
entity;
(e) Unsolicited promotions, political campaigning, advertising or solicitations;
(f) Private information of any third party, including, without limitation, addresses, phone numbers, email addresses,
Social Security numbers and credit card numbers;
(g) Viruses, corrupted data or other harmful, disruptive or destructive files; and
(h) User Content that violates the Rules of Conduct or that, in the sole judgment of Atelier 801 SARL, is
objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site,
or which may expose Atelier 801 SARL or its users to any harm or liability of any type.
Atelier 801 SARL takes no responsibility and assumes no liability for any User Content posted, stored or uploaded
by you or any third party, or for any loss or damage thereto, nor is Atelier 801 SARL liable for any mistakes,
defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use
of Interactive Areas is at your own risk.
As a provider of interactive services, Atelier 801 SARL is not liable for any statements, representations or User
Content provided by its users in any public forum, personal home page or other Interactive Area. Although Atelier
801 SARL has no obligation to screen, edit or monitor any of the User Content posted in any Interactive Area, Atelier
801 SARL reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or
stored on the Site at any time and for any reason without notice, and you are solely responsible for creating backup
copies of and replacing any User Content you post or store on the Site at your sole cost and expense.. Any use of
the Interactive Areas or other portions of the Site in violation of the foregoing violates these Site Terms and may
result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site.
You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you
otherwise have the right to post such User Content to the Site; (b) the User Content is accurate and not misleading;
and (c) use and posting of the User Content you supply does not violate these Terms or the Rules of Conduct and
will not violate any rights of or cause injury to any person or entity. You shall be solely liable for all royalties, fees,
damages and any other monies resulting from any infringement of such right or any other harm resulting from any
User Content you provide
11. User Conduct
11.1 Global rules
You must observe these Terms, all Rules of Conduct, all applicable laws and all basic rules of etiquette and common
courtesy when using the Website and the Service. Any conduct that violates the law in an offline, real world
community is also a violation of these terms. Atelier 801 SARL will not tolerate any illegal or offensive conduct.
Without limiting the foregoing, in addition to the User Content rules set forth in Section 10 above, you agree not to
take any of the following actions:
(a) Harm minors in any way;
(b) Impersonate any person or entity, including any ATELIER 801 SARL officials, forum leaders, guides, hosts,
employees or agents, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(c) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any message transmitted
through the Website;
(d) Upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising,
promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation;
(e) Interfere with or disrupt the Service, the Website or servers or networks connected to the Website, or disobey any
requirements, procedures, policies or regulations of networks connected to the Website;
(f) "Stalk," threaten or otherwise harass or cause discomfort to another;
(g) Collect, store, post or otherwise disseminate any personal data about other users;
(h) Impede or disrupt the Service or the normal flow of game play or dialogue in the game or in Interactive Areas on
the Site or use vulgar language, abusiveness, use of excessive shouting (ALL CAPS) "spamming" or any other
disruptive or detrimental methods in an attempt to disturb other users or ATELIER 801 SARL employees;
(i) Engage in, encourage, or promote any illegal activity, or any activity that violates these Terms or the Rules of
Conduct;
(j) Engage in any actions that defraud or attempt to defraud, scam or cheat others out of any items that have been
earned through authorized game play;
(k) Cheat or utilize unauthorized exploits in connection with the Game or the Service;
(l) Using or exploiting any bugs, errors, or design flaws to obtain unauthorized access to the Service or to gain an
unfair advantage over other players,
(m) trade, sell, auction or otherwise transfer any virtual items or goods of any nature outside the game; and/or
(n) Take any action that disrupts the Service or that negatively affects or may prohibit other users from enjoying the
Website, the Game or any other aspect of the Service.
11.2 Specific rules
In addition to global rules in 11.1, some prohibited conducts are specific to the Game.
(a) Cheat
- Cheating (aka Hack)
- Cheating on an alt account
- Asking for cheats
- Giving out cheats
(b) Chat
- Spam/Flood
- Caps-lock abuse
- Advertising
- General vulgarity
- Inappropriate or vulgar links
- Severe insulting
- Insults to the staff
- Misleading players
- Provocation
- Promoting trollish topics
- Xenophobia
- Wrong languages in chat
(c) Accounts
- Sentinel/Mod/Admin Impersonation
- Claiming to be a mod
- Vulgar names
- Phishing
(d) Maps
- Crash Maps
- Offensive Maps
- Copying/Stealing Maps
?
(e) Totem
- Offensive Totem
- Crash Totem
(f) Evasion
- Mute evasion (Mute : prevents you to speak on the in game chat box)
- Ban evasion (Ban : prevents you to access to the game)
Evading a ban or mute will result in a higher punishment. If you feel that you were punished unfairly it is
best to contact a moderator via the forum.
(g) Voteban
- Voteban abuse with your tribe/friends
- Voteban abuse with the entire room, group of players from the room
- Using voteban as a game
The command /ban is a very useful command that allows you to punish some players for minor
offenses by yourself. It shouldn't be used indiscriminately or for fun; it's not here to resolve conflicts or to
punish each newbie shaman. Forming a group or tribe to purposely invade a room and ban any random
player for no reason will lead to a ban. Abusing the voteban command in this manner is not advised.
Using the /ban command for "lotteries" will always result in a ban against the people abusing the voteban
command.
(h) Others
- Glitch abuse (cf 11.1.L)
- Crashing a room (as shaman)
- Inappropriate tribe name
- Leaking/Sharing private information relevant to the game
Nota bene :
Vulgar / Innapropriate : Please refer to 11.1
Crash map/totam/chamane : Can cause other players to lag or even crash a room (Cf 11.1)
Phishing : Any method of obtaining in-game items, cheese or fraises outside of the game is illegal. These illegal
sources often require players to provide their username, password and e-mails, and create a huge security risk.
These websites are often an imitation of the real website and are controlled by a malicious person. If the user enters
any personal information, they will be transmitted directly to the scammer.
Upon discovery of any player promoting or using these illegal websites, we will take serious action. Atelier 801 and
Transformice are in no way affiliated with these website and don�t support them.
Please report any players advertising or using a phishing website.
11.3 Penalties
Atelier 801 SARL may take any actions and impose any penalties we deem necessary to discourage and punish any
violation of these terms or any other illegal or inappropriate conduct, all without prior notice or warning. The
determination as to whether a violation has occurred and who is responsible for such act is solely within Atelier 801
SARL's discretion, and is based on what we deem best for the community and the Website. By using the Website, you
agree you will be bound by Atelier 801 SARL's determination as to whether a violation has occurred and any penalty
we choose to implement.
Violation of the rules displayed in 11.1 and 11.2 will be punished by either a mute(1), un ban(2), or even a permanent
ban depending of the gravity and recurrence of these conducts.
(1) mute : prevents you to speak on the in game chat box
(2) ban : prevents you to access to the game
12. Hyperlinks
You are granted a limited, non-exclusive right to create a text hyperlink to the Website for noncommercial
purposes, provided such link does not portray Atelier 801 SARL or any of its products and services in a false,
misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain
any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right
may be revoked at any time. You may not use a Atelier 801 SARL logo or other proprietary graphic of Atelier 801
SARL to link to this Website without the express written permission of Atelier 801 SARL. Further, you may not use,
frame or utilize framing techniques to enclose any Atelier 801 SARL trademark, logo or other proprietary
information, including the images found at the Website, the content of any text or the layout/design of any page or
form contained on a page on the Website without Atelier 801 SARL's express written consent. Except as noted
above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent,
trademark, copyright or proprietary right of Atelier 801 SARL or any third party.
Atelier 801 SARL makes no claim or representation regarding, and accepts no responsibility for, the quality, content,
nature or reliability of third-party Web sites accessible by hyperlink from the Website, or Web sites linking to the
Website. Such sites are not under the control of Atelier 801 SARL and Atelier 801 SARL is not responsible for the
contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites.
Atelier 801 SARL provides these links to you only as a convenience, and the inclusion of any link does not imply
affiliation, endorsement or adoption by Atelier 801 SARL of any site or any information contained therein. When you
leave the Website, you should be aware that our terms and policies no longer govern. You should review the
applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from
the Website.
13. Third Party Content
Atelier 801 SARL may provide or make available third party content on the Website or through the Service and may
provide links to Web pages and content of third parties (collectively the "Third Party Content") as a service to those
interested in this information. Atelier 801 SARL does not monitor or have any control over any Third Party Content
or third party Web sites. Atelier 801 SARL does not endorse or adopt any Third Party Content and can make no
guarantee as to its accuracy or completeness. Atelier 801 SARL does not represent or warrant the accuracy of any
information contained therein and undertakes no responsibility to update or review any Third Party Content. Users
use such Third Party Content contained therein at their own risk.
14. Advertisements and promotions; Third-party products and Services
Atelier 801 SARL may run advertisements and promotions from third parties on the Website or may otherwise
provide information about or links to third-party products or services on the Website. Your business dealings or
correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or
representations associated with such dealings or promotions are solely between you and such third party. Atelier
801 SARL is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings
or promotions or as the result of the presence of such non- Atelier 801 SARL advertisers or third party information
on the Website.
15. Official Service and Beta Testing
The Game is designed for play only as offered through our Services at the Website. You agree not to access, create
or provide any other means through which the game may be played by others, such as through server emulators.
You agree not to use any hardware or software, including but not limited to third party tools, or any other method
of support which may in any way influence or give you an advantage in the use of the Services which is not
authorized by Atelier 801 SARL, including but not limited to the use of �bots� and/or any other method by which the
Service may be played automatically without human input. You acknowledge that you do not have the right to
create, publish, distribute, create derivative works from or use any software programs, utilities, applications,
emulators or tools derived from or created for the Game, except that you may use the Software to the extent
expressly permitted by these Terms and the applicable EULA. You may not take any action which imposes an
unreasonable or disproportionately large load on our infrastructure. You do not have ownership of and may not sell,
transfer, trade or auction any Accounts, Cheese, Fraise or Proprietary Materials, nor may you assist others in doing
so, except as expressly authorized by Atelier 801 SARL. Atelier 801 SARL does not recognize any transfers occurring
outside of the Service of anything related to the Service.
You may be given the opportunity to Beta test new Website features. Your participation as a Beta tester is subject to
the terms and conditions below.
You acknowledge that the you are using a preliminary, preview edition of the Websites features and that you are
participating in a beta test thereof (the "Beta Test"), and that Website features may contain bugs, may not operate
properly or perform all intended functions, may interfere with the functioning of other software applications, and
may cause errors, data loss or other problems. Closed Beta Tests are confidential, and you agree to that all
information about the Services and the Beta Test, including without limitation any comments, ideas or other
feedback (collectively the "Feedback") you provide to Atelier 801 SARL regarding the Services or the Beta Test, shall
be treated as confidential (the "Confidential Information"). You agree not to use the Confidential Information in any
manner, except for your personal use for the sole purpose of testing Website features, and you agree to prevent and
protect the Confidential Information, or any part thereof, from disclosure to any person.
You further agree to take all steps reasonably necessary to protect the secrecy of the Confidential Information and
to prevent the Confidential Information from falling into the public domain or into the possession of unauthorized
persons. All Confidential Information shall remain the sole property of Atelier 801 SARL, and Atelier 801 SARL may
use such Confidential Information for any purpose without any obligation to you. You will carry out the testing
personally and not provide access to the Beta Test to any other person. You agree that breach of the above
confidentiality obligations will cause irreparable harm to Atelier 801 SARL, and Atelier 801 SARL is entitled to (in
addition to any other remedies available to it) ex parte injunctive relief without bond to prevent the breach or
threatened breach of your obligations. Your obligation to keep the Beta Test confidential will continue until Atelier
801 SARL publicly distributes, or has otherwise disclosed to the public through no fault of yours, each of the
content that you are testing.
As a Beta tester, you are invited to participate in Beta Test for the sole purpose of evaluating new features and
identifying errors. Nothing in these Terms, or on this Website, shall be construed as granting you any rights or
privileges of any kind with respect to the Game or content that you find here.
If you ever encounter a problem in the Game directly linked to your use of the Beta Test, you can contact us at:
contact@atelier801.com
16. Fees
Atelier 801 SARL may charge fees to acquire certain game items. To this end, Atelier 801 SARL may allow the
purchase of in game "points" that may be applied to the purchase of in game items ("Fraise") .
ANY APPLICABLE FRAISE, FEES AND OTHER CHARGES ARE PAYABLE IN ADVANCE AND ARE NON REFUNDABLE AND
NONTRANSFERABLE, IN WHOLE OR IN PART, FOR ANY REASON. FRAISE HAVE NO MONETARY VALUE AND CANNOT BE
REDEEMED FOR CASH.
Atelier 801 SARL may, from time to time, modify, amend, or supplement its fees, billing methods and terms
applicable to Fraise or to any purchases on the Website, and post those changes in these Terms, in separate Terms
of Sale or in other terms or agreements posted on the Website or otherwise provided to you by Atelier 801 SARL.
Such modifications, amendments, supplements or Terms of Sale shall be effective immediately upon posting on the
Website and shall be incorporated by reference into these Terms. If any change is unacceptable to you, you may
cancel your account at any time.
If you claim a chargeback for any reason, we have the right to investigate and dispute such chargeback. If we
believe that your chargeback requirement is spurious, unreasonable, or invalid, we may take the dispute to court. If
your chargeback is deemed invalid, you agree to pay for all fees and costs resulting from the disputed chargeback,
including but is not limited to legal fees and expenses, damages, monies lost due to non-operation, and
chargeback fees.
You may pay for Fraise by PayPal or Zong. For the time being, these are the only methods authorized by Atelier 801
SARL.
17. Interruption of Service
(a) Atelier 801 SARL reserves the right to interrupt the Service from time to time on a regularly scheduled basis or
otherwise with or without prior notice in order to perform maintenance. You agree that Atelier 801 SARL will not be
liable for any interruption of the Service, delay or failure to perform resulting from any causes whatsoever.
(b) You acknowledge that the Service may be interrupted for reasons beyond the control of Atelier 801 SARL, and
Atelier 801 SARL cannot guarantee that you will be able to access the Services or your Account whenever you may
wish to do so. ATELIER 801 SARL shall not be liable for any interruption of the Services, delay or failure to perform
resulting from any causes whatsoever.
(c) Atelier 801 SARL has the right at any time with or without reason to change and/or eliminate any aspect(s) of the
Services as it sees fit in its sole discretion.
(d) Atelier 801 SARL is not be obligated to refund all or any portion of any Account fee (if any), by reason of any
interruption of the Services by reason of any of the circumstances described in paragraph (a) or (b).
18. Disciplinary Action/Account Termination
ATELIER 801 SARL MAY SUSPEND, TERMINATE, MODIFY, BLOCK ACCESS TO OR DELETE THE SERVICE OR ANY
ACCOUNT AT ANY TIME WITH OR WITHOUT REASON, WITH OR WITHOUT NOTICE.
Atelier 801 SARL may at its option issue warnings and temporary suspensions and permanent terminations of
Accounts for user violations. We retain the sole discretion as to when and how to impose warnings, penalties and/or
disciplinary actions. We consider the severity of the violation and the number of infractions in making our
determination; however, any determination shall be under the absolute discretion of Atelier 801 SARL.
Notwithstanding the foregoing, Atelier 801 SARL always retains the right to terminate or suspend your account at
any time for any reason, or for no reason, with or without any warnings and with or without notice..
For the avoidance of doubt, you herby acknowledge that Atelier 801 SARL has sole discretion with respect to
termination of your Account, even if there are credits remaining on your Account. If you feel you or your Account
has been unfairly warned or disciplined please contact us with a full detailed explanation.
You have the right to terminate or cancel your Account at any time by delivering notice to Atelier 801 SARL. You
understand and agree that the cancellation of your User Id is your sole right and remedy with respect to any
dispute, including, but not limited to, any related to, or arising out of: (i) any term of this Agreement or Atelier 801
SARL�s enforcement or application of this Agreement; (ii) the User Contents; (iii) your ability to access and/or use
the Service or the Website; or (iv) the amount or type of fees, surcharges, applicable taxes, billing methods, or any
change to the fees, applicable taxes, surcharges or billing methods.
You may cancel your Account by delivering notice to Atelier 801 SARL by the contact form on the website, or by
reaching a moderator.
In the event your Account is terminated or canceled for any reason, or for no reason, no refund will be granted, no
online time or other credits (e.g., points in an online game) will be credited to you or converted to cash or other
form of reimbursement, and you will have no further access to your Account. Any delinquent or unpaid accounts or
accounts with unresolved disputes must be settled before Atelier 801 SARL may allow you to register again.
19. Indemnification
You agree to defend, indemnify and hold harmless Atelier 801 SARL, its independent contractors, service providers
and consultants, and their respective directors, employees, agents, partners, affiliates, and subsidiaries, from and
against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys'
fees) arising out of or related to any User Content you post, store or otherwise transmit on or through the Website,
your conduct, your violations of these Terms, any misuse of the Service, or your violation of the rights of any third
party.
20. Acknowledgements
You hereby acknowledge and agree that:
(a) WHEN USING THE SERVICES, THE SOFTWARE MAY MONITOR YOUR COMPUTER'S RANDOM ACCESS MEMORY (RAM)
AND/OR CPU PROCESSES FOR UNAUTHORIZED THIRD PARTY PROGRAMS RUNNING CONCURRENTLY WITH THE
SOFTWARE. AN "UNAUTHORIZED THIRD PARTY PROGRAM" AS USED HEREIN SHALL BE DEFINED AS ANY THIRD PARTY
SOFTWARE, INCLUDING WITHOUT LIMITATION ANY "ADD-ON" OR "MOD," THAT IN ATELIER 801 SARL�S SOLE
DETERMINATION: (i) ENABLES OR FACILITATES CHEATING OF ANY TYPE; (ii) ALLOWS USERS TO MODIFY OR HACK THE
SOFTWARE INTERFACE, ENVIRONMENT, AND/OR EXPERIENCE IN ANY WAY NOT EXPRESSLY AUTHORIZED BY ATELIER
801 SARL; OR (iii) INTERCEPTS, "MINES," OR OTHERWISE COLLECTS INFORMATION FROM OR THROUGH THE
SOFTWARE. IN THE EVENT THAT THE SOFTWARE DETECTS AN UNAUTHORIZED THIRD PARTY PROGRAM, IT MAY
COMMUNICATE INFORMATION BACK TO ATELIER 801 SARL, INCLUDING WITHOUT LIMITATION YOUR ACCOUNT
NAME, DETAILS ABOUT THE UNAUTHORIZED THIRD PARTY PROGRAM DETECTED, AND THE TIME AND DATE THE
UNAUTHORIZED THIRD PARTY PROGRAM WAS DETECTED; AND/OR AND ATELIER 801 SARL MAY
EXERCISE ANY OR ALL OF ITS RIGHTS UNDER THIS SECTION OF THE AGREEMENT, WITH OR WITHOUT PRIOR NOTICE
TO THE USER.
(b) ATELIER 801 SARL MAY MONITOR OR RECORD YOUR CHAT SESSIONS AND OTHER ELECTRONIC COMMUNICATION
TRANSMITTED OR RECEIVED THROUGH THE GAME OR THE SERVICE AND YOU CONSENT TO SUCH MONITORING OR
RECORDING.
(c) You may not hold ATELIER 801 SARL responsible for any loss resulting from your use of the Service or any in-
game trading activities. You may not hold ATELIER 801 SARL responsible for any information that is passed between
players. ATELIER 801 SARL does not guarantee the safe keeping of information that is passed between players and
will not be held responsible for any resulting losses or consequences arising from the improper use of said
information. You may not hold ATELIER 801 SARL responsible for any in-game feature or item loss. ATELIER 801
SARL does not guarantee the availability of any in-game items, any Services or any levels to players.
21. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) THE SERVICE, THE GAME, THE WEBSITE AND ALL MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ATELIER 801 SARL
AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS DISCLAIM ALL
OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SERVICE, THE
GAME AND THE WEBSITE, INCLUDING ALL INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN. ATELIER
801 SARL DOES NOT REPRESENT OR WARRANT THAT THE SERVICE, THE GAME, THE WEBSITE OR THE MATERIALS
CONTAINED THEREIN ARE ACCURATE, COMPLETE, RELIABLE, AVAILABLE, CURRENT OR ERROR-FREE. ATELIER 801
SARL ALSO DOES NOT REPRESENT OR WARRANT THAT THE GAME, THE WEBSITE OR ITS SERVERS ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS.
(b) ATELIER 801 SARL AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND
LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE WEBSITE WILL BE
UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(c) WHILE ATELIER 801 SARL ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SERVICE SAFE, ATELIER 801 SARL
CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICE OR ITS SERVER(S) ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT
AND DISINFECT VIRUSES FROM ANY DOWNLOAD. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THE WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY SUCH MATERIAL.
(d) A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT
PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE WEBSITE OR THE SERVICE. CERTAIN
CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY
OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT
YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT
YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS,
ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY
MOVEMENT, OR CONVULSIONS.
(e) REFERENCE TO ANY PRODUCTS, SERVICES, PROCESSES OR OTHER INFORMATION, BY TRADE NAME, TRADEMARK,
MANUFACTURER, SUPPLIER OR OTHERWISE DOES NOT CONSTITUTE OR IMPLY ENDORSEMENT, SPONSORSHIP OR
RECOMMENDATION THEREOF, OR ANY AFFILIATION THEREWITH, BY ATELIER 801 SARL
22. Limitation of Liability
IN NO EVENT SHALL ATELIER 801 SARL, ITS DIRECTORS, MEMBERS, AFFILIATES, SUBSIDIARIES, EMPLOYEES OR
AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES
OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN
ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR
IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE WEBSITE, THE SERVICE, THE GAME OR ANY OF
THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE WEBSITE OR THE SERVICE,
INCLUDING WITHOUT LIMITATION ANY DAMAGES CASED BY OR RESULTING FROM RELIANCE BY USER ON ANY
INFORMATION OBTAINED FROM ATELIER 801 SARL, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS,
DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY
FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT,
DESTRUCTION OR UNAUTHORIZED ACCESS TO ATELIER 801 SARL'S RECORDS, PROGRAMS OR SERVICES.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ATELIER 801 SARL, WHETHER IN CONTRACT, WARRANTY, TORT
(INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER
THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICE, THE WEBSITE OR ANY OF
THE GAME EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO ATELIER 801 SARL FOR ACCESS TO OR USE THEREOF.
Some states do not allow the foregoing limitations of liability, so they may not apply to you and in such a case you
agree that ATELIER 801 SARL�s (or any such other released parties) liability to you shall be limited to the maximum
extent permitted by law. You agree that Atelier 801 SARL cannot be held responsible or liable for anything that
occurs or results from accessing or subscribing to the Services.
23. Repeat infringer Policy
Atelier 801 SARL has adopted a policy of terminating, in appropriate circumstances and at Atelier 801 SARL's sole
discretion, subscribers or account holders who are deemed to be repeat infringers. Atelier 801 SARL may also at its
sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual
property rights of others, whether or not there is any repeat infringement.
24. Copyright Complaints
If you believe that anything on the Site infringes upon any copyright which you own or control, you may file a
notification of such infringement with the contact form on the website or with: contact@atelier801.com
We may give notice of a claim of copyright infringement to our users by means of a general notice on the Site,
electronic mail to a user's email address in our records, or by written communication sent by first-class mail to a
user's address in our records.
25. General
This Agreement is governed by and shall be construed and enforced under the French laws, without applying any
conflicts of law principles which would require application of the law of any other jurisdiction. Atelier 801 SARL and
you each hereby irrevocably consent to the jurisdiction of the courts of Lille for all purposes in connection with any
action or proceeding which arises out of or relates to this Agreement and agree that any action or proceeding
instituted under this Agreement shall be brought only in the courts of Lille. Our failure to act with respect to a
breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Except as
otherwise permitted herein, you may not assign or transfer this Agreement or your rights hereunder, and any
attempt to the contrary is void. If any provision of this Agreement shall be unlawful, void, or for any reason
unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity
and enforceability of any remaining provisions. The section headings used herein are for reference only and shall
not be read to have any legal effect.
26. Closing
Thank you again for visiting our Website. We hope you enjoy your stay and take full advantage of the online
community we are developing. Please remember that you are a guest at the Website and act with the same courtesy
and respect you expect from other guests. Atelier 801 SARL always reserves the right to refuse or terminate service.
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