Terms of Service

1.      Preamble

2.      Use of the Service

3.      User Account

       3.1 Use of the Account.

      3.2. Security.

3.3. Password.

3.4. Service access for minors.

3.5. Account suspension and closure.

4.      Paid services

4.1. Payment.

4.2. Prices.

4.3. Deadline for withdrawal and refund policy.

4.4. Minors.

5.      Use of the Service during the test period (“beta-test”)

6.      Content submitted by you

7.      Confidentiality

8.      Intellectual property

9.      Operation of the Service and equipment

9.1. Technical restrictions.

9.2. Temporary closure of the Service.

9.3. Modifications and cancellation of the Service.

10.  Modifications to the contract

11.  We do not provide any warranty

12.  Limitation of liability

13.  Applicable law

14.  User Assistance

1. Preamble

This document constitutes a contract between you and ITCHY SAS with capital of € 68,200, whose head office is located at 863 route de campagne, 40300, Saint Etienne d’Orthe (France), registered in the Bayonne (France) Trade and Companies Register under the
number 809 732 084 (VAT number: FR 44 809 732 084).
Email: contact@itchy.fr
The publication director is M. Caumont.

Within the framework of this contract, we will be designated by the terms « SAS Itchy », « we », « our « Or » our « . You will be referred to as « User », « you », « your » or « your ». The User is a single natural person.

This contract covers your use of SAS Itchy’s online games, regardless of
means used to access it (for example on our websites, our applications
for mobiles and tablets, or any other current or future means).
By registering on the game belonging to Itchy, you must have read the
this contract and registration implies acceptance of all the provisions of this contract.
Itchy’s sites are hosted by ScaleWay.com.
We do not provide any warranty for the Service, other than legal warranties
provided within the framework of the applicable legislation.
The cost of using the remote communication technique used is the normal cost
billed to the User by their internet service provider. This cost is fully borne
by the User.
2. Use of the Service
You must not :
• Use the Service to harm third parties or the Service (for example, you must not
use the Service to harm, threaten or harass another person, group of
people, an organization or Itchy);
• Damage, put out of service, saturate or deteriorate the Service (or a network
connected to the Service);
• Resell or redistribute the Service or part of the Service; use a means no
authorized to modify, redirect or access the Service; or attempt to accomplish
these activities ;
• Use the Service or elements of the Service for commercial purposes except
explicit authorization from us;
• Use an automated process or service (such as a bot, crawler,
periodic caching of information recorded by Itchy or « meta
research ”,“ datamining ”) to access or use the Service or to copy or
extract data from the Service;
• Use unauthorized third-party software, service, or device to access the
Service;
• Interrupt or attempt to gain unauthorized access to an account, computer,
hardware or network related to the Service;
• Obtain or attempt to obtain data from the Service or associated material, to
except for the data we intend to provide or return to you
available;
• Use the Service or associated material to design, develop or update
unauthorized software;
• Use or distribute tips, “cheats”, “mods”, “hacks”, macros or scripts
not allowed; or
• Exploit a bug or make unauthorized modifications to software or
data to take undue advantage of it in a game, competition or promotion.
In addition, your use of the Service implies that you comply with the Code of Conduct
from SAS Itchy. You agree that we may also interrupt your access to the
Service if you do any of the following while connected to the Service:
• Defame, insult, abuse, abuse, harass, stalk, threaten or infringe
in any way rights (such as privacy rights
and advertising) of third parties;
• Publish, distribute or distribute content, subject, name, material, file or
inappropriate or rude, defamatory, obscene, indecent information
or illegal;
• Publish, distribute or distribute content, subject, name, material, file or
information that incites, advocates, promotes, depicts, constitutes or
expose child pornography, profanity, hatred, bigotry, racism,
illegal drug use, gratuitous violence or graphic representation
acts of violence, or criminal or fraudulent activity;
• Usurp the identity of a third party;
• Create an avatar or insert outrageous text in the Service. This includes
comments that resemble graphically or phonetically, support,
allude, abbreviate or imply the following: words or expressions
obscene, sexual subjects or content, hate speech (including but not limited to
but not limited to racial, ethnic or religious insults), drugs
illegal / controlled substances, or illegal activities;
• Use the Service, or material or information made available by
through the Service, in a manner that infringes copyright,
trademark, patent, trade secret or other proprietary rights
SAS Itchy or a third party;
• Load files that contain viruses, Trojans, worms,
logic bombs, message cancellation robots, damaged files or
similar programs likely to affect the functioning of the Service,
authorized equipment or other property of a third party;
• Download or use material sent or supplied by another User of the
Service that you know, or must reasonably know, cannot be
legally shared or distributed (unless expressly authorized by us);
• Use the Service to participate in pyramid schemes or chain letters;
• Collect or otherwise collect information relating to
third parties, including their email addresses, without their consent;
• Phishing or creating a false identity under any
what other form with the intention of deceiving others;
• Falsify or delete a copyright, legal notice, property designation or
labels stating the origin or source of the software or other hardware
included in a transferred file;
• File false complaints or provide false comments regarding others
Service users;
• Use, download, copy or provide in any way (free or
no) to a third party: (i) a directory of Service Users, (ii) information
concerning the Users of the Service or (iii) information on the use of the
Service;
• Consult, intercept or attempt to intercept private communications that do not
are not intended; or
• Unless expressly authorized by us, use the communication tools provided
by the Service to provide or offer to provide other external services or
links to other services external to the SAS Itchy service package (« spam
« ). Page 4
3. User Account
3.1. Use of the Account.
Anyone wishing to use one of the services offered on the Service must
previously open an Account. Opening an Account is free. When registering,
you agree to communicate exact data, and to inform us of any
modification of this data.
You ONLY can use YOUR ACCOUNT and you can only use ONE
SINGLE ACCOUNT .
You must not reveal your password, nor must you authorize a third party to access or
use the Service with your Account.
Any loan, sharing, exchange, donation or sale of Account is strictly prohibited .
You must not access someone else’s account.
The use of any Account used by more than one person is specified as « loan of
Account ”.
The use and / or creation of more than one Account by a person is specified as « use
of multiple accounts « . These two uses are strictly prohibited.
SAS Itchy can carry out checks to ensure compliance with these conditions.
Any violation may result in the permanent deletion of your Account and accounts
in violation without notice or compensation.
SAS Itchy reserves the right to limit the number of registrations and use of accounts by
foyer.
3.2. Security.
You are responsible for the security of your Account and the reliability of your data.
connection.
SAS Itchy disclaims all responsibility in the event of access to the Account by a third party
person (including when the identification on our Service is carried out via a third-party service,
such as Google or Facebook). You are solely responsible for all
activities undertaken with your Account. You must not allow a third party to access and / or
use the Service on your behalf. Page 5
If you suspect misuse of your Account or any other security breach
Service, you must notify us immediately via the User Support site
( http://itchy.fr/contact/ , more details in article 14).
3.3. Password.
The User can choose a password when registering for the service, or
later. It is strictly confidential and must never be communicated to a
third parties . Itchy can set up automated procedures allowing the User to
find or change your password.
To recover a forgotten password, the User must have previously indicated a
means, among those offered on the service, to transmit information to it in a way
confidential (by indicating its electronic address for example). The User is the only one
responsible for the information transmitted by this means.
If no means of password recovery has been previously indicated by the User,
the password cannot be transmitted.
3.4. Service access for minors.
Minors can only open an Account and use the Service with the assistance of their
legal representative, and under the full responsibility of the latter.
Also, if you authorize or allow a minor to open an Account, and play on the
Service:
• You declare that you are the parent or legal guardian of this minor;
• You acknowledge that you are aware that certain features of the Service or certain
content available through the Service, may contain or display
Users of material not suitable for minors, and you agree to
monitor the use of the Service by minors to whom you have given
authorization to use the Service.
SAS Itchy insists that it is prohibited to broadcast content that is not suitable for
minors as soon as it is likely to be seen by a minor.
Games of a character not suitable for minors will be duly notified when
registration for the Service, and it is your responsibility not to authorize access to these games for
minors.
For more information and advice on accessing the Service for minors, you can
ask your questions via our formula (http://itchy.fr/contact/ )
3.5. Account suspension and closure.
At any time, SAS Itchy can, without notice, proceed:
• To the temporary suspension of your access to your Account, in the event of suspicion
improper use of our services; Page 6
• The blocking or final closure of a User Account as a sanction following
a violation of one or more provisions of this contract.
If the Service is not used by the User for a period exceeding 12 months
SAS Itchy can automatically close the unused Account.
The User can also close his Account himself, procedure
accessible from their personal Service area.
Unless otherwise stated in this contract or exceptional agreement by SAS Itchy, it does not
there will be no refund in the event of suspension or closure of the Account by
the User or by Itchy.
4. Paid services
Most of the services offered by SAS Itchy are free.
However, certain bonuses, options, access and other services may be chargeable. The user
who wishes to access these services must therefore make a payment to SAS Itchy.
Different means of payment are offered to the User. The price and the elements obtained
may vary depending on the payment method chosen. This information is indicated at
the User in the section allowing him to make his payment.
4.1. Payment.
When you have chosen a payment method, you must be authorized to use this
payment method and you agree to provide valid, accurate and
day.
If you stop using the Service or if you close your Account, this has no effect
affect the amounts already invoiced and there will be no refund.
If SAS Itchy detects a fraudulent payment from your Account, it will be suspended by
definitively.
SAS Itchy or its payment providers may limit access to certain means of
payment as a precautionary measure, following suspicious use of attempted fraud.
You will have the possibility to check the detail of your purchase and its total price, and to correct
any errors, before confirming it to express your acceptance.
4.2. Prices.
You will find the detailed prices for the Service in the payment section of the Service.
Certain costs are not dependent on SAS Itchy or its payment providers. These
costs may be related to the services of telecommunication operators and exchange of Page 7
currencies, for example. SAS Itchy warns as far as possible when costs
additional can be added to the final price.
We may occasionally change the Service rate and you will be notified by
global communication on the Service.
The prices and offers offered by SAS Itchy are valid for the duration of their implementation
online.
If your Service offer is subject to a specific price and duration and that we modify
the Service rate, the original rate remains in effect for the duration specified.
4.3. Deadline for withdrawal and refund policy.
You have a period of fourteen clear days to exercise your right of withdrawal without
have to justify reasons or pay penalties. This period runs from the acceptance of
the offer for the provision of services, in accordance with article L121-21 of the
consumption.
When this right is exercised, the sums paid will be refunded to you within a period
maximum of thirty days.
SAS Itchy draws the User’s attention to the fact that under article L121-21-5 of
consumer code, no withdrawal period will be granted if, with his agreement,
the execution of the Service started before the expiration of the period of fourteen clear days.
Refund requests should be sent:
• Through the Support Service (http://itchy.fr/contact/)
• Or by post, to the following address:
SAS Itchy
863 country road
40300 Saint Etienne d’Orthe
FRANCE
Requests must contain the contact details of the requester, the subject and the
payment date, payment method used, Service and Account identifier
User concerned, as well as proof of payment (invoice or receipt for example) if
this was not done by credit card or Paypal.
Incomplete or late applications will not give rise to any refund.
4.4. Minors.
Minors may use the Service, under the full responsibility of their representative
legal.
The minor who uses the Service should only make payment in the presence and with
the express agreement of its legal representative. Page 8
No appeal / complaint, in particular as regards payments, is admissible with the
SAS Itchy.
5. Use of the Service during the test period (“beta-test”)
During the beta-test phase the User is invited to carry out on a voluntary and voluntary basis
feedback on the Service to help finalize the Service before it goes online
operational. He undertakes not to reveal any content of the Service during this period and he
accepts that the Service is subject to modifications and interruptions given the context
of experimentation. The User acknowledges that he will not be entitled to any compensation following
his collaboration during the “beta-test” phase.
6. Content submitted by you
You can edit content in certain parts of the Service provided for this purpose.
This edition can take place in areas accessible to all, (such as the forum
or the user’s public profile), or in areas for which you can
control access by third parties (such as private messaging or grouping
players). You acknowledge and agree that SAS Itchy does not control or assume the
content that you and others post online.
You grant to SAS Itchy, free of charge, not exclusive, for the duration of your rights and
for the whole world, the authorization, on the Service:
• Use, modify, represent, reproduce, distribute and display your
content related to the Service for which you have given access authorization;
• Publish your name, avatar or other information that you provide in connection with
the contents.
If you submit a photograph or other digital image, you waive
explicitly to the confidentiality and publicity rights relating to the image, and authorize the
SAS Itchy to distribute it on the Service.
You are requested to respect the rights of artists, inventors and creators. Content such as
music, photos and videos can be protected by copyright. If you share
content on the Service in a manner that infringes copyright, rights of
intellectual property or the privacy of third parties, you are violating this contract. You
declare and guarantee that you have all the rights necessary to grant the
permissions mentioned in this article and that the use of this content does not infringe
no law. We may refuse to publish your content for any reason. We
may withdraw your content from the Service at any time if you breach this contract or if
we cancel or suspend the Service.
SAS Itchy reserves the right to modify Account names, nicknames,
characters and the grouping names of Users who do not respect the rules set out
in the Service Usage article (article 2). If necessary Itchy may also Page 9
temporarily or permanently suspend access to the Account or consolidation
of Users without notice or compensation.
If you believe that content clearly infringes your rights, you can
report to SAS Itchy via the support site (http://itchy.fr/contact/) or by other means
specified in the Service.
If we consider this content manifestly unlawful, we will delete it.
Given the general interest attached to the suppression of illegal activities, SAS Itchy has
set up, a device accessible at the address contact@itchy.fr. This allows
Users to report online public communication services held to
objectionable by the public authorities competent in the matter. SAS Itchy informs
also risks incurred by the User due to acts of games carried out in violation of
the law.
7. Confidentiality
In order to operate and provide the Service, we collect certain information from you
concerning. We protect this information.
You are informed that your personal data may be communicated to third parties
to meet legal or regulatory requirements. In addition, the information you
concerning may be used to act in good faith when such access or
Disclosure Seems Necessary To Protect The Personal Safety Of SAS Employees
Itchy, customers or the public.
The personal data collected by SAS Itchy is mainly stored and used
in France, but they can also be stored or used in any other
countries where SAS Itchy or one of its service providers has servers.
In order to provide the Service to you and improve the Service, we, or our service providers, may
collect certain information relating to the performance of the Service, to the use that you
do Service and your equipment.
Certain data concerning you may be communicated to our service providers only
as part of a need related to the technical or commercial operation of the Service. In
outside this framework, SAS Itchy undertakes not to distribute, distribute or transmit under
in any form or publish your information to affiliates, resellers, suppliers or other
third.
SAS Itchy undertakes to respect the security of the collection, use and retention of your
personal information and data.
For the proper functioning of our websites and applications, we may use
cookies. These are small files stored by an application or an Internet browser.
By using our services you accept the use of these cookies.
In application of law n ° 78-17 of January 6, 78 relating to data processing, files and
freedoms, modified by the law n ° 2004-801 of August 6, 2004 of the French territory, the Users Page 10
have the rights of access, opposition (art.38 of the law), interrogation (art.39 of the law), and
rectification / deletion (art.40 of the law) of personal data concerning them.
You can exercise your right by contacting us by post and indicating your names,
first names, email address and home address and proof of your identity.
Requests should be sent to the address indicated above.
8. Intellectual property
SAS Itchy owns copyright to the Service and its content, including software and
databases, as well as holder of the sui generis right of database producer.
All of the elements constituting the Service, in particular brands, domain names,
texts, data, structure, tree structure, thesaurus, sections, logos, graphics, images,
photographs, names, game, character as well as the Service itself, are the property
exclusive of SAS Itchy.
Any extraction, reuse, representation, reproduction, exploitation, adaptation,
translation, modification, sale, of the Service and of all or part of its content is prohibited, except
express and prior authorization from SAS Itchy.
As such, the User specifically refrains from communicating to any third party, free of charge or
no, data extracted from the Service, including to another entity linked to it
administratively, financially or capitalistically.
SAS Itchy can finally freely modify the presentation of the Service and its content.
All the elements, functionalities, tools, documents that are part of the Service provided by the
SAS Itchy (without limitation the game, the client, the characters, the game accounts, the
objects, the graphic charter, logos, music, software, servers, etc.) are
protected by French and international laws on copyright and property
intellectual property and belong to SAS Itchy. You cannot use these items without
the prior written authorization of SAS Itchy.
You do not have the right, in whole or in part, to copy, reproduce, translate, extract, modify the
source code, disassemble, decompile, modify, rent, sell, distribute or create
derivative works inspired by the Service or the content without the prior written consent of the SAS
Itchy. Reverse engineering is strictly prohibited.
9. Operation of the Service and equipment
9.1. Technical restrictions.
You should not seek to circumvent the technical restrictions of the Service. It is you
forbidden to decompile, to create derivative works, to reverse engineer, to modify,
license, distribute or use the Service for purposes other than those authorized by the SAS
Itchy. Violation of this provision may result in the permanent closure of your
Account and / or your ability to access the Service. SAS Itchy can undertake a
legal action against the User who undermines the security of the network or systems
Itchy. Page 11
9.2. Temporary closure of the Service.
SAS Itchy may temporarily interrupt, without or with a prior message, access to any
or part of the Service, for any reason, but in particular in the event of
automatic or manual maintenance.
You cannot claim any damages for loss of profits relating to the Service
or not, special, indirect, incidental or punitive following a temporary closure of the Service.
9.3. Modifications and cancellation of the Service.
We may modify the Service in its entirety or certain functionalities, certain
games or any other content at any time, for any reason (or without reason) and
without notice.
We may completely and permanently close the Service for any reason.
is. However, SAS Itchy undertakes to respect a minimum period of 6 consecutive months
between the closure of the means of payment and the final closure of the Service. This
period allowing Users to use their credits, bonuses or any other acquired element
by means of payment.
No reimbursement will be made in the event of modification or closure of the Service.
Your right to use the Service expires upon termination of the Service. Once the Service is closed,
the data you have stored on the Service may not be recoverable
later.
Our closure of the Service does not affect your obligation to pay any fees charged to
your Billing Account for amounts incurred before the Service closed.
10. Modifications to the contract
We can modify this contract. If we modify this contract, we will
will notify with seven (7) clear days notice.
Continuing to use the Service will constitute agreement and acceptance of the new contract
your part.
If you do not accept the Agreement, you have the right to close your Account at any time and
for whatever reason. See article 3.5 for more details.
11. We do not provide any warranty
We provide the Service « as is », « with all its imperfections » and « as
available ”. We do not guarantee the accuracy or timeliness of the information
Page 12
available from the Service. You acknowledge and agree that computer systems
and telecommunications are not free from defects and that downtime may
occur. We cannot guarantee that the Service will be uninterrupted, timely, or without
mistake. We and none of our service providers make any express warranties or
no conditions. You benefit from all the guarantees provided by law, but we do not
provide no other warranty. We exclude all implied warranties, including
those relating to the merchantability, the suitability for a particular use, the absence of
manufacturing defects and the absence of counterfeiting.
12. Limitation of liability
To the extent permitted by current French law, in the event of a claim, you
can only obtain damages from Itchy which cannot exceed
the amount of your various purchases made on the Service. You cannot claim any
other damages, in particular consecutive, for loss of profits, special, indirect,
accessory or punitive.
13. Applicable law
This contract is subject to French law, without prejudice to the mandatory provisions of
Rome Convention 80/934 / EEC.
14. User Assistance
The support site (http://itchy.fr/contact/ ) is the means of access to the assistance service of
Itchy for Service.
To contact Support, you must have an Account and be identified
or go through the official website of SAS Itchy.
SAS Itchy has discretionary power in the management of Support and reserves the right to
not respond to messages from the User.
Last modifications on July 16, 2020.