Clash of Decks is a card game created, published and distributed by GRAMMES ÉDITIONS, a limited liability company (SARL) with a capital of €1,000, registered in the SAINT-NAZAIRE trade and companies register under number 891843609, whose head office is located 9 rue de la chapelle in COMMER (53470), represented for the purposes of these general conditions of use by its manager, Mr. Léandre PROUST (hereinafter “GRAMMES EDITION” ).
Clash of Decks is an illustrated card game inspired by a fantastic world imagined by GRAMMES ÉDITIONS in which players compete using a deck of cards in order to destroy the opposing Fort (hereafter “the Game” ).
The cards each have their own card name, illustration, type, number of health points, attack and mana cost, as well as possibly one or more special abilities. The user may also be offered the opportunity to create their own custom cards.
Players can compete through multiple game modes : either in player versus player mode, or in solo mode through a quick game or a custom game.
- PURPOSE AND SCOPE OF THE TERMS OF SERVICE
These Terms of service (hereinafter the “TOS” ) are intended to determine the rights and obligations of Game Users as well as any person browsing one of the websites managed by GRAMMES EDITION: https://grammesedition.fr/ , https://clashofdecks.com/ and https://cardgenerator.clashofdecks.com (hereinafter “the Sites” ).
The Game includes or may include the following elements (hereinafter ” the elements “) :
- Cards created and published by GRAMMES EDITION, whether printed by GRAMMES EDITION or directly by the User;
- Cards customized by the User, whether printed by GRAMMES EDITION or directly by the User;
- The Game storage boxes;
- The Game boards;
- The Game card holder;
- The Game’s rules (i) in digital format, such as in PDF format, or as it appears on the clashofdecks.com website, or (ii) in paper format printed by GRAMMES ÉDITION or directly by the User.
The term “ User ” designates any person holding at least one Element included in the Game in accordance with the list above and/or any person browsing at least one of the Websites.
Thus, the term “ User ” designates in particular:
- The contributor to the crowdfunding campaign of Clash of Decks season 1 or 2 (via Kickstarter) having received at least one Element in return;
- The buyer who purchases at least one item through a purchase (i) in an online store or (ii) in a physical store, regardless of whether said store belongs to GRAMMES EDITION or not;
- The person who obtained a “demo” version of the game or a starter kit by downloading it from the clashofdecks.com website, Kickstarter, or by any other means offered such a download and then by personal impression;
- The holder of at least one item. (For example: a person who is given cards in the hand to participate in a game.);
- The Internet user browsing at least one site.
All strictly relevant matters of the crowdfunding campaign are governed by the general or specific conditions of service of Kickstarter (available on https://www.kickstarter.com/ ).
- ACCEPTANCE AND VALUE OF THE TOS
The User is deemed to have read the TOS and to have accepted them as soon as they come into possession of an Element in accordance with Article 1 or, in the case of navigation on one of the Sites, upon arrival of the User on said Site.
The TOS have, from their acceptance and throughout the duration of detention of at least one element or during the duration of navigation on the site, contractual value with regard to the User.
The latter undertakes, therefore, to respect all the stipulations contained in the TOS and carries out its obligations which will entail them in good faith.
- USE OF MATERIALS AND SITES
The User undertakes to use the Elements and the Sites in accordance with the stipulations of the TOS and, in any event, make sure not to infringe any legitimate interest of GRAMMES ÉDITION.
In this way, the User is forbidden :
- Any use that would undermine public order and morality;
- Any use that does not comply with the laws and regulations in force;
- Any use infringing the rights of a third party;
- Any use infringing the intellectual property rights held by GRAMMES EDITION;
- Any denigrating use with regard to the Game, GRAMMES EDITION or any natural or legal person affiliated with GRAMMES EDITION ;
- Any commercial exploitation of the Elements not expressly authorized by GRAMMES EDITION.
- INTELLECTUAL PROPERTY
- Scope of intellectual property rights of GRAMMES EDITION
GRAMMES EDITION is the holder, and/or the beneficiary of express authorization from the holders where applicable, of all the intellectual property rights relating to the Game, its Elements and the Sites.
GRAMMES EDITION holds all the copyrights:
- Concerning the Sites: the sites and their layout, the logos, images, photographs, videos, illustrations, graphic charters, texts, as well as all the other elements contained on the Site;
- Concerning the Game: the rules of the Game and the context designed especially for the Game;
- Concerning the Game Elements: the cards and their layout, images, logos, texts, the layout and illustrations of the Game board.
This list is not exhaustive.
Where applicable, GRAMMES ÉDITIONS has the necessary authorizations, collected from the authors, to use the illustrations appearing on the Elements.
- Absence of transfer of rights
The TOS do not operate any transfer of intellectual property rights, between GRAMMES EDITION and the User, as mentioned in 4.1 and its stipulations cannot under any circumstances be interpreted as operating any transfer of said rights.
The possession of one or more Elements does not entail any transfer of intellectual property rights between GRAMMES EDITION and the User.
- Permission to use
As the holder of the related copyrights, GRAMMES ÉDITION authorizes the User to exercise all the rights that are necessary for the latter to be able to use the Game in accordance with the TOS.
The User is thus authorized to print the cards, for their sole private use and to the exclusion of any commercial exploitation, when they have chosen the Print and Play (Option available only for Starter Kit, Season 2 Demo Kit and Custom cards).
The User is authorized to use all the Elements, in particular to exercise a right of reproduction strictly limited for private purposes and a right of representation strictly limited to the private circle of the User.
Any use, reproduction or representation, in whole or in part, outside the framework set by this article, and in particular any commercial exploitation not expressly authorized by GRAMMES EDITION, is strictly prohibited and constitutes, among other things, the offense of counterfeiting punishable by articles L335-2 and following of the French Intellectual Property Code (IPC).
- CUSTOM CARD GENERATOR
GRAMMES EDITION provides the User with a software tool allowing the generation of a custom card by the User, which can then be printed and sent by GRAMMES EDITION or printed directly by the User ( https://cardgenerator.clashofdecks.com/ ).
This tool allows you to customize a card in the format of the Game with its characteristics by adding, among other things:
- An illustration that can be imported by the User from his own terminal;
- A card name;
- A signature.
The customization of the card by means of the tool is carried out under the sole control and responsibility of the user. GRAMMES EDITION does not carry out any control of the content of the cards and cannot be imposed any general obligation of monitoring with regard to the latter, insofar as the User can choose to print the customized card by his own means. .
When he ticks the box “I have the rights to use this drawing” and he clicks on the “Create card” button triggering the downloading of the customized card on the User’s terminal, the User declares and guarantees to this fact to GRAMMES EDITION:
- being the holder of all intellectual property rights, in particular copyright and any trademark rights, relating to the elements being imported by the User from his terminal and to the various text elements constituting the customization .
- in the event that the User imports a photograph of a natural person, having previously obtained valid written authorization to use the image of the person(s) concerned from them.
In the event that the User has not obtained the necessary authorizations from the persons concerned and the holders of intellectual property rights, they are prohibited from proceeding with the creation of the card and its downloading.
GRAMMES ÉDITIONS cannot be held liable for any dispute, action, disturbance or other dispute whatsoever in connection with the customization elements added by the User, in particular any action for infringement, unfair competition, defamation, insult, denigration, violation of the private life, infringement of image rights committed by a third party.
The User bears full responsibility for the consequences of any kind of the creation of the card, as well as, among other things, its printing, its online publication by any means, its representation to the public, its reproduction, its modification.
- PERSONAL DATA
GRAMMES EDITION offers Users browsing the www.clashofdecks.com website to be alerted to certain events related to the Game, such as the start of a crowdfunding campaign, via an optional newsletter system.
GRAMMES EDITION is, as organizer of this newsletter system, responsible for the processing of personal data relating to the persons concerned.
The only personal data processed by GRAMMES EDITION is the User’s email address. The latter is processed on the basis of the consent of the person concerned and with the purpose of sending the information in question to the User by means of said email address.
Consent may be withdrawn at any time by sending a request to the following email address: firstname.lastname@example.org
This data is processed only for the strict needs of the operation of the newsletter to the exclusion of any other purpose whatsoever or any transfer of data internal or not to the European Union.
Only persons specially authorized to ensure the operation of the newsletter are intended to process the email address.
The email address is kept until the User unsubscribes from the newsletter.
In accordance with European Regulation No. 2016/679 relating to the protection of personal data, the data subject may exercise with the data controller their right of access, rectification, and, under the conditions invoked by Articles 17, 18 , 20 and 21 of the aforementioned Regulation, their right to erasure, limitation, opposition and portability.
In the event of the death of the User, and in the absence of directives from the User or mentions to the contrary in these directives, the heirs may exercise the aforementioned rights so that, in particular, GRAMMES ÉDITION takes into account the death of the User.
Requests and procedures for exercising rights should be sent to the following address: email@example.com
If they consider that their rights under the personal data regulations have been violated in the context of processing carried out by GRAMMES EDITION, the User may, after contacting GRAMMES EDITION at the contact email address info@grammesedition .fr , contact the CNIL ( https://www.cnil.fr/ ).
The use of the Elements is carried out under the sole control and responsibility of the User.
Thus, GRAMMES EDITION cannot be held liable for any damage of any kind improved by one or more Elements or by the malfunction of the Sites, unless proof of a fault on the part of GRAMMES EDITION and a causal link between the said fault and the damage is reported.
GRAMMES EDITION is in no way responsible for the impossibility of accessing the Sites or their content as well as any direct or indirect consequences of the impossibility of access, when this failure is due to a malfunction of the user’s terminal or a failure of the Internet network, in particular when this malfunction is attributable to the Internet service provider concerned.
- PARTIAL DISABILITY
In the event that one or more of the stipulations of the TOS should be canceled by law or by a court decision, the TOS, with the exception of the canceled stipulation(s), remain in force. and enforceable against the user.
- AMICABLE SETTLEMENT OF DISPUTES
Prior to any legal action, any dispute relating to the execution and interpretation of the TOS is the subject of an attempt to settle disputes amicably. If no agreement is found between GRAMMES EDITION and the User within thirty (30) days of receipt of a registered letter with acknowledgment of receipt requesting an amicable settlement of the dispute, the parties shall regain their full freedom of action with reference to Article 10.
- APPLICABLE LAW AND JURISDICTION
The TOS are governed by French law.
IN THE EVENT OF A DISPUTE NOT RESOLVED BY MEANS OF AN ATTEMPT FOR AMICABLE SETTLEMENT IN ACCORDANCE WITH ARTICLE 9, THE DISPUTE IS RESOLVED BEFORE THE COMPETENT COURTS WITHIN THE JURISDICTION OF THE COURT OF APPEAL OF RENNES.