TERMS OF USE



Terms Of Use - Ludokado - LUDOFACTORY company

> Preamble
> Article 1Participation and Registration
> Article 2Participant's loyalty
> Article 3Participant's Resonsibility
> Article 4The company Responsibility
> Article 5Games Principle and functionning
> Article 6Gifts and Prizes
> Article 7Fraud, fraud attempts and embezzlement
> Article 8Personal information, IT and liberties
> Article 9Publication of winners'identity
> Article 10Legal Force
> Article 11Intellectual Property rights
> Article 12Copyrights and access to these terms of use
> Article 13Notification of amandments to these terms of use
> Article 14Claims
> Article 15Applicable law and Jurisdiction

Preamble

The website (hereafter also referred as to « The website », « the game », or « Ludokado ») is edited/offered by the company LudoFACTORY, a French company listed on the LYON Registrar of Companies as number B 479 048 589. Its headquarters are located at 79 Rue François Mermet, 69160 Tassin la Demi Lune, France.

Ludokado is a platform offering entertainment and free games with no obligation to purchase, and this for an unlimited period. Other services payable, or not, may be offered on the website. The website and all rights attached are the exclusive property of Ludokado.

The present Terms of use represent a contractual document binding LudoKado and/with the Participants to its games. By using the website Ludokado, you implicitly accept all of the present Terms of Use in their entirety. Participants are invited to read carefully the present Terms of Use before using Ludokado. Using the website Ludokado means you have read and understood the present Terms of Use. The Terms of use may be completed when required, by proper rules for each game or services offered by Ludokado.

Meaning of the following terms :

« User account » : means information related to a participant.

« Winner » : is considered so, any Participant who wins a prize, of any kind (the following list is not exhaustive : extra games, credits, prizes, games or free games...).

« Subscription » : means the action giving access to Ludokado for the first time, i.e completing a subscription form, agreeing to the Terms of Use, and indicating his/her identity, contact details as well as a Username and a password.

« Player », «Member » or « Participant » : means any physical person accepting the present Terms of Use, and thus accessing LudoKado by creating an account.

« Prize » or « Gift » : means a product, whether it is a good or service, extra games obtained on Ludokado, credits, prizes, games or free games (this is not an exhaustive list).

« Website » : means the website accessible through the URL http://ludokado.com, directly or through any other URL, hyperlink, tab, button, as well as through any alternative website created by the company LUDOFACTORY.

Article 1 - Participation and subscription

Ludokado is only open to individuals aged 18 or more, with the exception of people who worked with Ludokado,their family members or anyone who collaborated in any way in organising the games offered by LUDOFACTORY.

Therefore, the following are not allowed to subscribe to the website, except to check that it is working properly :

  • Current employees of the LUDOFACTORY company, as well as relatives in the ascending and descending line and any other members of their family.

  • Anyone who directly or indirectly developed the site, as well as their relatives in the ascending and descending line and any other members of their family.

  • All external service-providers (and their employees) that directly or indirectly developed the site, as well as their relatives in the ascending and descending line and any other members of the family.

Minors are allowed to play the game on the condition that they first get the consent of their parent or guardian. Their participation is taken to mean that this consent has been given. LUDOFACTORY cannot be held responsible for any breach of this regulation and reserves the right to request written proof at any moment and carry out any checks required. Participation will be cancelled if any erroneous or fraudulent claim is uncovered.

To become a member of Ludokado, the Participant is asked to choose a username (his/her email) and a confidential password in order to gain access to the services offered by Ludokado. The Participant must not choose a username which is offensive, against good morals and disrespectful of the present Terms of Use, at risk of being subject to article 8 of the present Terms of Use. To subscribe to Ludokado, the Participant needs to have access to the Internet and to provide a valid email address.

Subscription is valid for an unlimited duration, without prejudice to the right of each party involved to terminate the present binding contract unilaterally, at any moment, without prior notice or justification. Thus, any Participant can terminate his account at any moment by writting to our subscription service (Ludokado - Subscription Service - 79 rue François Mermet 69160 TASSIN, France) or by writting to our customer service via the contact link at the bottom of the website. In the event that your account is terminated or cancelled, no refund will be granted, and you will have no further access to your account or anything associated with it (such as points, credits, codes, games and prizes). Similarly, if an account is inactive for three months, Ludokado reserves the right to terminate this account under the above conditions.

Any person willing to become a member of Ludokado undertakes to complete a subscription form, providing truthful and accurate information. Subscriptions are limited to a single account per person (same last name, same first name and same address) and to two accounts per household. If need be, Ludokado reserves the right to terminate a multiple account opened by a single person, in order to ensure equal chances between members. Participants are not allowed to use a pseudonym instead of their last name and first name in the subscription form or when this information is required, as well as to provide inaccurate contact details.

In general, Ludokado reserves the right to terminate or suspend any subscription :

  • not complying with the present Terms of use,

  • from individuals living in countries, states or provinces prohibiting gambling or tournaments,

  • from individuals attempting to defraud the payment methods or the very functionning of the website.

When subscribing, the Participant undertakes to use Ludokado according to the rules of the website and of the games, as well as to the applicable laws. Any participation in the different games requires full acceptance of the present Terms of use. By ticking « I accept the present Terms of Use » at the moment of subscription, the Participant declares full acceptance of the Terms of Use. The Participant expressly recognizes and is fully aware that this acceptance constitutes an electronic signature which expresses his consent : Law of March 13th 2000 Art,1316-3 about electronic signature.

Ludokado reserves the right to demand, at any moment, the production of proof related to a Participant's identity or residence, such as an ID card, a proof of residence. Ludokado also reserves the right to demand the production of proof related to purchases, depending on the payment methods used, such as a telephone bill, an ISP bill, or a bank statement accompanied by bank details. If a Participant does not answer such a request, his/her useraccount will be terminated.

The Participant expressly authorizes Ludokado to use, in compliance with the legal provisions, data given at the moment of the subscription. The Participant undertakes, for example, to eventually receive newsletters, emails or offers from third parties.

Article 2 - Participant's loyalty

Any Participant undertakes loyalty to LUDOKADO; as any Internet user, the Participant shall not attempt to modify, corrode or distort, by any means, games offered by LUDOKADO. The Participant shall not attempt to modify the results, or any other element determining winners of a game. Particularly,any Participant shall forbid hiself/herself from using software programs in order to pretend a personal action aiming to create automatic requests and thus misleading LUDOKADO.

Furthermore, and as an example, the Participant expressly agrees that it is strictly forbidden to post messages or images (the following is not an exhaustive list) :

  • containing pornographic, racist, shocking or offensive content;

  • containing advertising or commercial content unrelated to the website;

  • in another language than the one you use to log in LUDOKADO;

  • incomprehensible or not making any sense;

  • encouraging any action which is contrary to the interests of LUDOKADO (e.g fraud, cheating, boycott,...)

  • denigrating, insulting or defaming the Website, the LUDOFACTORY company, its products, services or employees;

In general, the Participant's loyalty must be guided by respect for prevailing laws. In particular, this loyalty means that the Participant gives an undertaking that the content of his or her messages, publications and communications with third parties or, more generally, his or her behaviour, does not :

  • Infringe the rights of third parties (especially intellectual or industrial property rights such as brands, drawings, models, patents, databases, know-how, etc.);

  • Transgress prevailing laws and regulations in the participant's country of residence or the country where the message is to be received.

Any violator to the previous provisions runs the risk to be excluded, immediately and for good, from the website without prior notice. Ludokado reserves the right to remove the violator's winnings and to undertake legal proceedings in accordance with article 8 of the present Terms of Use.

Article 3 - Participant's responsibility

LUDOKADO participants must use the service solely for their own personal purposes. Participant bear sole responsibility for protecting their logins (email) and passwords. Accordingly, the participant bears sole responsibility for all connections to the service and data transmissions performed with his or her account and these shall be considered to have been made by him or her or under his or her responsibility. In the event of any dispute arising with regard to the disclosure of a login or password to a third party, no responsibility may be attributed to LUDOKADO.

LUDOKADO recommends the participant not to :

  • communicate his/her password to anyone;

  • use the same password for other services or websites;

  • register the password when asked by the Internet browser;

  • use passwords easy to guess (name, first name, surname, city, date of birth, phone number...).

The participant is also responsible for giving accurate personal data when subscribing to our website (username or email has to be valid), or before we send a prize to you (Last name, first name, address, postal code, etc.). The participant is aware and accepts that any false, invalid or misleading information given when subscribing, or afterwards, may be considered as a fraud attempt and may deprive the participant of his/her winnings. When a participant wins a prize in any game, we make a copy of his/her personal data (last name, first name, address). The prize will only be sent to the person specified in the information we copied and that we kept in our archives. In case of dispute regarding the winners'identity, only the name and the contact details appearing in our archives will be taken into consideration. The participation of an Internet user in our games is at his sole responsibility.

Any participant receiving a gift or a prize sent by LUDOKADO is liable for taxes, customs duties or any other duty which might be payable in application of the law. It is at the participant's sole responsibility to declare the value of his/her winnings and to undertake to pay any tax, social contribution or other duty which might be payable pursuant to the applicable law.

Article 4 - Responsibility for the company

By connecting to, using and taking part in LUDOKADO, Participants implicitly assert that they have full knowledge and awareness of the limitations of the internet with regard to the technical aspects of data transfer, virus protection and other constraints.

Given current computer conditions, LUDOKADO cannot be held responsible for any of the following should they arise (the following is not an exhaustive list) :

  • connection faults with computers or networks relating to use of the internet,

  • temporary or permanent faults with computer or telephone networks,

  • temporary or permanent faults with a participant's computer equipment,

  • temporary or permanent faults with a participant's software,

  • damage to a participant's computer equipment,

  • Internet malfunctions resulting in faults with the administration, security, integrity or management of the games or services offered on the application,

  • changes to the site schedule resulting in an update and/or temporary unavailability of the site,

  • any losses of a participant's data or settings,

  • any consequence or damage caused by a computer virus,

  • problems encountered by a participant in connecting to www.ludokado.com,

  • external advertising URLs on the website,

  • the content of other sites linked to the website www.ludokado.com.

Furthermore, LUDOKADO cannot bear any liability arising from (the following list is not exhaustive) :

  • any modification, suspension, cancellation or postponement by it – without notice or explanation – of one or more of the games or services offered on the site. By the same token, LUDOKADO cannot be held responsible in any way for any issue arising from such actions and participants shall not be entitled to make any claim for damages,

  • a participant's behaviour contrary to the law, good morals and public order,

  • a delay in prizes delivery,

  • any prize deterioration arising during the shipment,

  • a poor manufacturing of a prize as LUDOKADO cannot be considered as a manufacturer, supplier, seller, distributor or a retailer of the prize sent.

When subscribing to LUDOKADO, the Participant must choose a username and a password allowing him/her to get access to the website. In accordance with article 3 of the present Terms of Use, the participant must make a confidential use of his/her password. Any illegal use of the username and/or password, should be reported to LUDOKADO as quickly as possible and by any means, in order to enable LUDOKADO to stop this fraudulent use.

Article 5 - Games principle and functionning

General Functionning

The website www.LudoKado.com offers games in which participants can win directly prizes, of any kind (the following list is not exhaustive : extra games, Credits, games or tokens ...).

Each Participant has 50 tokens per day. These tokens are available for each of the games offered on the website. Each day you receive automatically 50 tokens, the free ones you did not use on the previous day are lost. The 50 tokens are offered to the participant as soon as he/she completes the registration form with an email address. If a player wins a prize and wants to receive it, he must, in addition to the email, complete the contact details of the registration form.

Points on LUDOKADO : Points are the virtual currency of our website. You get some when playing games, even free ones. You can exchange points for real prizes or (game) Credits in our shop. You can also use points to play some of the games (e.g tournaments).

Credits on LUDOKADO : (Game) credits enable you to play again all the games of the website. When playing with credits, the player can directly win prizes or more points. To get extra credits, the player can use any method of payment offered on LUDOKADO. The number of « Game Credits » required to participate in each game is set and can be modified by LUDOKADO. As such, no claim will be accepted.

The aim is to directly win a prize or win points that can be used to play again, or to exchange for real prizes. The more you have points, the more you can buy great prizes. As such, a shop is available on our website.

The player will find specific instructions next to each game.

Article 6 - Gifts and Prizes

Nature and availability of Gifts and Prizes

All the gifts and prizes available on the website are presented for information purposes, images or reproduction presenting the products are not contractual.

LUDOKADO reserves the right to modify, at any moment and without prior notice, the list of prizes available as well as the conditions required to obtain a prize. LUDOKADO points out that points you win on LUDOKADO have no monetary value, they are only intended to be a point of reference for participants, indicating an abstract scale of values.

In case a prize is out of stock, in case of a supplier's cessation of activity, a product's cessation of sales, LUDOKADO will directly inform the Participant by email and will try to find an amicable equivalent solution : to add credits to the player's account, to allow the player to choose another prize, but in any case the player can claim for a compensation from LUDOKADO.

Receiving gifts and prizes

As soon as there is a winner, he automatically receives an email to be informed of his victory. To receive the prize, the winner must demand it by replying to the email sent by LUDOKADO and by completing his personal space (my user account), his last name, first name, address, postal code, city and country.

After a detailed verification, LUDOKADO confirms, or not, the prize, in its sole discretion.

The postal address, given by the player when subscribing, shall not contain the last name, first name of another person than the account holder.

In case a prize sent to a winner by LUDOKADO is returned (postal address not found, false declaration...) or in case it is rejected by the winner, it is certified that the prize has been sent by LUDOKADO. LUDOKADO cannot be held responsible if the winner gave an incorrect address or contact details, nor if the winner did not confirm the prize within 30 days. In such cases, LUDOKADO won't be able to send the prize.

The prize will be sent to the winner within 30 working days as soon as it has been confirmed by LUDOKADO (outside the end-of-year period. During this period, time delivery is extended to 60 working days.) All prizes are delivered « as is ». Any charges related to the prize (shipment, implementation costs, installation, use, administrative procedures) and not included in the prize description, are at the expense of the winner.

The recipient is responsible for prizes sent by post or by a carrier. LUDOKADO shall not be held responsible for loss or deterioration of the prizes sent. LUDOKADO shall not be responsible for any delay in a prize shipment which is not attributable to the company. LUDOKADO shall not be legally liable for the operations related to the prizes shipment.

It expressly states that LUDOKADO is not bound to send the prizes to winners who :

  • behaved in a detrimental way to the website, the games or to LUDOOKADO,

  • cannot be correctly informed of his/her prize by LUDOKADO (false email address...),

  • delivering a prize to the address given has been unsuccessul,

  • did not go to the delivery point given by LUDOKADO's service provider.

  • haven't logged in for more than 12 months.

In all these cases, the receiver won't have the right to claim for damages.

LUDOKADO reserves the right to verify all the information given by the winner and to carry out detailed research in case of doubt about the information given by the winner, pursuant to article 8 of the present Terms of Use concerning FRAUD, FRAUD ATTEMPT and EMBEZZLEMENT.

In the case, despite all these precautions, a prize had been sent to a player who did not respect the present Terms of Use, LUDOKADO would be entitled to claim for the prize return or for a compensation.

Article 7 - Fraud, fraud attempts and embezzlement

Preliminary data checks

In order to check whether the equity between players has been respected, LUDOKADO may ask the participant to give the following documents and written proof :

  • the player's Bank account details

  • a proof of residence

  • a copy of an ID card (ID card, passport, driving licence)

In case a player refuses to give the documents he/she is asking for, LUDOKADO will cancel all the player's winnings and will block the user account.

Provisional measures

In the case during our daily verifications of the system, we find that a player's prizes, spendings or scores lead to any suspicion of irregularity, LUDOKADO reserves the right, in its sole discretion and without prior notice, to :

  • proceed to the above preliminary data checks before sending a prize;

  • cancel all or a part of the winnings.

Sanctions and legal proceedings in case of Fraud or Fraud attempt

Any participant who attempted to defraud or defrauded on the website www.ludokado.com will be excluded and will lose his/her winnings. In case of recognized manipulation or manipulation attempts of the LUDOKADO system, LUDOKADO reserves the right, in its sole discretion and without prior notice, to :

  • disable the player's user account immediately,

  • cancel all the player's winnings, orders and participations in the Games offered by LUDOKADO,

  • claim for a reimbursement or a return of the prizes already won by the player.

It is expressly stated that the implementation by LUDOKADO of one or several of the above measures won't give to the receiver the right to claim for any damages.

Furthermore, from a legal point of view, LUDOKADO reserves the right to sue the defrauders in order to keep ensuring respect of the games principles.

Thus :

  • any fraud, or fraud attempt especially commited to unduly receive a prize will be subjected to prosecutions, persuant to articles 441-1 to articles 441-12 of the French Penal code,

  • any breach of the LUDOKADO's system of automatic data processor will be subjected to prosecutions, persuant to articles 323-1 to 323-7 of the French Penal code,

  • any forgery and falsification will be subjected to prosecutions, persuant to articles 441-1 to 441-12 of the French Penal code,

  • any operation aiming to, or having the effect of harming the professional secrecy or data related to the player's privacy, will be subjected to prosecutions, persuant to the applicable civil and penal provisions,

  • any unlawful rejection of payment will be subjected to FRAUD, persuant to article 313-1 of the Penal code. Co-authors or accomplices will also be sued.

Article 8 - Personal information, IT and liberties

Pursuant to the French Commisision nationale de l'informatique et des libertés (Law 78-17 of 6 January 1978 concerning computers, files and liberties) and European Directive 95/46 of 24 October 1995 on the protection of individuals with regard to the processing of personal data and the free movement of such data, participants registered on the website have the right to object to, access and correct data concerning them.

As a result, any participant registered on LUDOKADO has the right to demand that data concerning him or her be corrected, completed, updated or deleted. This right can be exercised by writing to the following postal address (the applicant shall give his/her contact details, username and password) :

LUDOFACTORY - LUDOKADO
Information Service

79 Rue François Mermet
69160 TASSIN (France)

The participant agrees that he/she has been informed of the fact that the website might implement « cookies » in order to save some information in his/her computer, and that he/she can object to the saving of these « cookies » by defining the browser's parameters. LUDOKADO may offer the Participants to take part in loyalty programs or any other activity on a third-party website. In this case, LUDOKADO is not liable for the activities of the third parties and suggests its visitors to carefully read the third parties' Terms of Use.

Article 9 - Publication of winners'identity

All the LUDOKADO's winners allow, expressly and without any reserve, LUDOKADO and its partners to communicate certain personal information(last name, first name, city, department and country of residence) in a commercial purpose. This allowance will not give rise to a financial, or any other compensation for the winner.

Article 10 - Legal force

The participant and LUDOKADO agree that only data saved on LUDOKADO information systems can serve as conclusive evidence with regard to connection components and information resulting from a computer operation linked to the service.

Consequently, it is expressly agreed that LUDOKADO may – especially in the event of a dispute or disagreement – use these elements to prove any act, fact or omission so as to uphold its rights in legal proceedings.

These various elements constitute admissible, valid and binding evidence between the parties irrespective of their form or the way they are presented.

Similarly, any operation performed after inputting the login and password assigned to the participant following registration shall be irrevocably binding and considered to have been carried out under the responsibility of the said Participant.

Article 11 - Intellectual Property Rights

The website and the rights attached are the exclusive property of LUDOKADO.

All of the programmes, brands, logos, illustrations, games, distinctive signs, texts, sounds, videos, images, interfaces and screens in LUDOKADO, and the present terms of use, are protected by French Copyright Law and Intellectual and Artistic Property Rights and international copyright agreements. Accordingly, any reproduction or representation of any of these components without the express consent of the relevant rights-holders constitutes fraud punishable by law.

Any unauthorised and/or illegal reproduction, disclosure, use, modification or other form of exploitation of the above-mentioned components - whether direct or indirect, via analogue or any other tool – will result in the appropriate legal actions being launched by LUDOKADO, the holders of the exclusive rights licensed to LUDOKADO and/or any third party affected by the breach(es).

Article 12 - Copyrights and access to the present Terms of Use

The present Terms of Use has been submitted to SCP Carlini-Montel-Simeone, huissiers de justice associés, 40 rue Sainte, 13001 Marseille (FRANCE).

The present Terms of Use can be consulted for free on LUDOKADO in the section « Terms of Use » at the bottom of each page, or by writting to the address mentionned above. Postal fees necessary for a request of a copy of the Terms of Use will be reimbursed, on request, based on the current slow postal rate in force.

The Terms of Use may be modified at any moment, in the form of an amendment, by the company, in respect of the above conditions and published on the website. The amendment is registered at the SCP huissiers de justice associés, agent of the Terms of Use before its publication. It will come into force from the date the modification comes into force. Any participant refusing the modification(s) shall stop participating the Game. The present Terms of Use is sent free of charge to any person who demands it by post, before the reporting date to the following address :

LUDOFACTORY - LUDOKADO
Terms of Use

79 Rue François Mermet
69160 TASSIN (France)

The Terms of Use can only be consulted online on the website www.ludokado.com. Postal fees necessary for a request of a copy of the Terms of Use will be reimbursed, on request, based on the current slow postal rate in force.

Article 13 - Notification of amendments to the Terms of Use

For operating conditions purposes, LUDOKADO may modify the present Terms of Use at any moment. Similarly and without prior notice, LUDOKADO reserves the right to close, temporarily or permanently the website www.ludokado.com and the games offered; to modify, remove the website www.ludokado.com and the games offered in the present Terms of Use, and this, without being held responsible and without transfering compensation to any participant or third party.

Article 14 - Claims

Any claim shall be sent to the following address :

LUDOFACTORY - LUDOKADO
Claims Service

79 Rue François Mermet
69160 TASSIN (France)

Article 15 - Applicable law and Jurisdiction

These Terms of Use are governed by French law.

In the event of any dispute, the parties shall make it their priority to reach an amicable solution. Where an amicable solution is not reached between the parties, the Court for the area where LUDOKADO's headquarters are located shall be the only competent jurisdiction. No exception can be made to this stipulation. Any disagreement regarding the interpretation, execution or validity of the present contract shall be subject to the exclusive jurisdiction of the relevant authorities of the Court of Appeal of Lyon (France - department 69).