The company IPKISS (“IPKISS”) has developed an application which enables video game players to match with one another (“The Application BeatMe”).
By downloading or using The Application BeatMe on a mobile device or computer, you are agreeing to the current terms of service (“Terms of Service”). Any and all changes made to the Terms of Service must be agreed to in order to continue using the services of The Application BeatMe.
The current Terms of Service are intended to explain the use and terms of The Application BeatMe. Please read them carefully.
I. ABOUT THE APPLICATION BEATME
The Application BeatMe is a service that matches players “1 versus 1” (the term 1 versus 1 used as such describes an encounter between an individual (“User”) and another in a virtual environment generated by a platform intended for that purpose: computer, mobile or home video game console and cellular device) based on both a reward between the Users and the notion of Fairplay.
The Application BeatMe also matches players via “multiplayer” (multiplayer is an encounter against multiple individuals on the same team against other individuals that make up the opposing team).
II. GAMES AVAILABLE ON THE APPLICATION BEATME
IPKISS does not own the exclusive rights to any one video game or franchise.
When choosing games, IPKISS takes into account the popularity and the how the games are perceived by the community as a whole.
IPKISS performs its own analysis to determine the relevance of a video game that could be used with The Application BeatMe.
IPKISS reserves the right to freely choose its selection of video games to be offered by its service (video games, general knowledge quiz or others).
IPKISS is free to take down or add any video game of its choice on The Application BeatMe.
IPKISS reminds its users that using audiovisual devices for lengthy periods of time is strongly discouraged.
IPKISS reminds its users that the risks related to a prolonged exposure to an audio visual device by persons with neurological or cerebral disorders are greatly increased.
III. ACCOUNT SETUP AND USE
1) Creating an account
In order to use The Application BeatMe, the User must create a count on The Application BeatMe (“Account”). The User must fill in the required information. The User must supply IPKISS with complete, precise and exact data and if any of this data should ever be modified, the User must immediately update it. This information is necessary to be able to use the services offered by IPKISS.
Use of The Application BeatMe is strictly forbidden for minors; the User confirms that he/she is 18 years or older upon the creation of an account.
IPKISS reserves the right to ask for any supporting documents that are deemed necessary and appropriate to verify the information supplied by the User.
The User may only hold one Account on The Application BeatMe. IPKISS may delete any duplicate Accounts created by the same User or those associated with the same person (see section “Account Suspension and Deletion”).
2) Username and Password
For the User to create an Account on The Application BeatMe, he/she must choose a username that has not already been claimed by another User, as well as a password.
The username or “ID” of the User must not be obscene, threatening, racist, offensive, derogatory, defamatory or otherwise in violation of the current Terms of Service, nor should it contain any intellectual property or any other third party rights.
The confidentiality and security of the User’s password is maintained by the User. The User is thus the sole entity responsible for possible future damages due to the access of an Account by a third party through his/her username and password. The use of a username and password is determined entirely by the User, who relieves IPKISS of all responsibility related to the use of such information by itself or a third party.
The User’s Account is strictly personal. Furthermore, the User is forbidden from loaning his/her Account to any and all third-parties, or to let any third party use his/her account in any which way.
3) Account Suspension and Deletion
The Application BeatMe encourages Fairplay between Users. Thus, the User shall behave in a respectful manner towards IPKISS and other Users. The User thus agrees to not cheat while using The Application BeatMe, respect his/her opponents and stay courteous in all situations. If the user does not abide by these guidelines, IPKISS shall take necessary measures to rectify such behavior:
(i) Suspension: IPKISS reserves the right to suspend the Account of a User whenever deemed necessary without warning and for an indefinite period of time and without compensation if the current Terms of Service are Violated by the User.
(ii) Deletion: A User’s Account can be deleted at any time, without warning and for an indefinite period of time. This can occur in the following instances:
- A user intentionally deleting his/her account
- IPKISS intentionally deleting an account that violates the Terms and Conditions
A Reward within the context of The Application BeatMe is a monetary payment, is not required and based on the sole discression of the User, of an amount between 1€ and 10€ by one or more Users at the end of a “1 versus 1” or “multiplayer” match.
Each User is able to withdraw money from their virtual account on The Application BeatMe. It is from this account that the payments, otherwise called Rewards are made.
IPKISS uses the Euro for monetary transactions.
The payment of a potential reward is entirely voluntary and is the sole discretion of the victor / loser of a “1 versus 1” or “multiplayer” match. The loser can in no case claim compensation for a wrongdoing that they have suffered during the course of said match.
The User declares, that by accepting the Terms of Service and this article, he/she fully understands that the possibility of rewarding another User at the end of a “1 versus 1” or a “multiplayer” game in which he/she participated, depends entirely on his/her own volition.
By transferring a reward, the User agrees to the terms of our partners. BeatMe uses Stripe to manage transactions on The Application BeatMe; their terms of service can be found here: https://stripe.com/fr/privacy.
The User declares, by accepting the Terms of Service and this article, that they are able to complete the payment of the Reward.
V. SERVICE FEES AND THE NATURE OF THE PAYMENT
Each time a Reward is issued between Users, IPKISS takes a service fee of 0.5€.
Service fees are taken from Rewards to ensure that IPKISS can continue to operate and to support the maintenance of The Application BeatMe, the development of future features that The Application BeatMe wishes to create and fees associated with the payment service.
These service fees are separate from the Reward completed by the User and from the bank transaction fees taken out when withdrawing from his/her Account.
VI. ORGANISATION AND FAIRPLAY LEVEL
The Application BeatMe aims to promote respectful relationships between its players and those that follow the rules. It is with this goal in mind that there is a Fairplay level (“Fairplay level”) in the application defined by an algorithm that takes two key factors into account:
- The Reward score (Based on the number of Rewards given)
- The Troll score (Based on the number of reviews left by Users at the end of a “1 versus 1” or “multiplayer” game)
The organisation of “1 versus 1” or “multiplayer” matches, according to the criteria that include the number or wins, the Fairplay level and availability shall not in any case be considered by the User as an encouragement, motive, incentive or requirement to issue a payment to Reward a User or any other financial transaction outside of The Application BeatMe to another player or a third party.
The acquisition of Fairplay points that occurs after the completion of the payment the User after a “1 versus 1” or “multiplayer” match, shall not in any case be considered by the User as an encouragement, motive, incentive or requirement to issue a payment to Reward a User or any other financial transaction outside of The Application BeatMe to another player or a third party.
In rare and temporary cases, IPKISS can modify the Fairplay level of a User in order to facilitate the matchmaking process, or in the event of a technical issue.
IPKISS cannot guarantee that The Application BeatMe will not have any bugs or errors, nor can it guarantee that The Application BeatMe will work continuously and without failure. IPKISS also cannot assure that it will work adequately when used in a certain manner, be compatible with a certain device or a specific configuration.
It is possible that platforms that host online matches such as MICROSOFT (Xbox) or SONY (Playstation) will experience one or multiple bugs (“Bugs”).
These Bugs may distort gameplay conditions and slow or interrupt an ongoing match. IPKISS is in no case responsible for these Bugs that originate from game publisher platforms.
VIII. USER DISPUTES
It is possible that one of the Users of a “1 versus 1” or “multiplayer” match, disconnects in the middle of a game – whether by accident or intentionally.
In the case of an accidental disconnect before the end of a “1 versus 1” or “multiplayer” match, the User who is winning at the moment of the disconnect shall be considered the winner.
In the case of an intentional disconnect before the end of a “1 versus 1” or “multiplayer” match, the User who left the match shall be considered the loser.
In the case of a User dispute in which both Users declare victory, the Users must provide proof of the result in the form of a screenshot or a picture.
IPKISS’s moderation team will mediate the dispute by inspecting the evidence provided by both Users.
The User determined by IPKISS’s moderation team to be the loser of the match, will receive a warning in the form of a “yellow card” which is to be linked with his/her Account. If the User receives a second “yellow card”, they will immediately be given a “red card”. A red card will lead to the temporary or permanent suspension of an Account.
IPKISS reserves the right to increase a User’s punishment in the event of a dispute or fraud and to punish the User(s) in accordance with the current Terms of Service.
IX. TERMINATION / DELETION
The User of The Application BeatMe is free to close his/her Account and any time and at no cost. In the case that the User violates the Terms of Service or is guilty of cheating, IPKISS can decide to close the Account of the User. In such a case, any money in his/her virtual wallet will be transferred to his/her bank account within 10 work days.
Any User proven guilty of cheating will have his/her account temporarily banned for the first offense and permanently for the second.
IPKISS can be held liable pursuant to the applicable laws in the event of wilful misconduct and serious error on its behalf. All other liability of IPKISS is exempt. IPKISS can not be held liable for financial harm, indirect economic losses or damages, such as a loss of profit, data and the costs linked to the recovery of such data or programs.
The User is entirely responsible for his/her login data on The Application BeatMe and anywhere else they are stored. (Paper documents, computer, cellular device and anywhere else the data can be read or identified).
XI. PERSONAL DATA
XII. USER COMMITMENTS
By using The application BeatMe, the User agrees to the following:
- To not use The Application BeatMe for professional, commercial means or lucrative means.
- The accreditation of funds that he/she has obtained within the legal framework of the applicable laws to his/her virtual wallet.
- To not give IPKISS (especially when creating or updating an Account) or other Users any false, misleading, deceptive or fraudulent information.
- To not make any remarks, publish any content or behave in a way that could be considered defamatory, offensive, obscene, pornographic, vulgar, abusive, aggressive, inappropriate, violent, menacing, harassing, racist, xenophobic or sexual in any manner. Nor to incite hate, violence, discrimination, promote the use of illegal substances or more broadly speaking, any behavior in violation of the objectives of The Application BeatMe that may infringe on IPKISS’s rights or those of a third party or contrary to good morals.
- To not violate rights and image of IPKISS, notably in regard to its intellectual property.
- To not create more than one Account on The Application BeatMe and to not create an Account which impersonates a third party.
XIII. INTELLECTUAL PROPERTY
IPKISS owns the rights to the intellectual property relative to The Application BeatMe. Its icon, all images and logos displayed in the Application BeatMe belong exclusively to IPKISS.
The User shall not in any case copy, display, modify, convey, publish, adapt, on any medium, by any means, or exploit in any way, all or parts of The Application BeatMe.
XIV. UPDATING THE TERMS OF SERVICE
IPKISS reserves the right to change or update all or parts of the current Terms of Service at any time.
XV. APPLICABLE LAWS AND ATTRIBUTIVE LEGAL CLAUSES
This agreement is governed by French law.
All litigation related to the interpretation or enforcement of the Terms of Service will be subject to the exclusive jurisdiction of the of courts under the jurisdiction of the Appellate Court of Paris.
The Terms of Service comprise the entirety of the agreement between the User and IPKISS,
The Application BeatMe is operated by and owned exclusively by the SAS IPKISS located at 6 rue Claude Farrère 75016, Paris, n° SIRET : 82052883400022.
The Terms of Service was originally written in French and has been translated into English.
No provisions of the Terms of Service shall constitute or be deemed to constitute an association, cooperative agreement or a legal or de facto company, between IPKISS and the User. Moreover, the User, regardless of the situation or reasoning can never be considered an agent or employee of IPKISS.
If one or more of the provisions of the Terms of Service should be rendered nullified, determined non applicable or unenforceable, all other provisions shall nevertheless remain applicable.
If you have any questions concerning the Terms of Service or to submit a claim please contact us: firstname.lastname@example.org
Last updated on: 25/10/2018