GAMELOFT CLUB TERMS OF USE

GENERAL

Gameloft Club:

The Gameloft Club allows you to access special benefits and features in connection with a catalog of Gameloft games. By subscribing to the Gameloft Club, we will use your email address to create a global user identifier across Gameloft games that are part of this program on all available platforms, allowing cross-platform progress saving, access to the Gameloft portfolio, but also special deals via a dedicated store, welcome gifts and more.

You can consult the F.A.Q. webpage of the Gameloft Club program to obtain detailed information about it and its core features: https://gameloft.helpshift.com/hc/en/57-gameloft-club/ 

These Terms of Use detail the conditions of use of the Gameloft Club program. Please read them carefully before signing up.

These Terms of Use are effective as of September 11, 2024.

How to opt in / opt out: 

1. To opt in to our newsletters, you can register from our website, www.gameloft.com and/or by creating your Gameloft Club user account. To opt out, click on the “unsubscribe” link in the body of the newsletter/email you received. You can also request it via the unsubscribe page: https://www.gameloft.com/zz/un-subscription-page. 


2. To opt in to our Gameloft Club program, you can register from within a Gameloft Game participating in the program.

 
3. If you wish to exercise your rights, namely (but not limited to) deleting your Gameloft Club account and/or the personal data accessed by Gameloft, please consult our Privacy Policy under section 10 “Your rights”. Your rights can be exercised by contacting us through this form.  


How to get help or support: To get help, please visit our Customer Care portal at http://support.gameloft.com/. 


Gameloft SE ("we," "our" or "us") offers the Gameloft Club program along with certain other features, content, or contests from time to time (collectively, the “Services”).

These Terms of Use ("Agreement") include our policy for acceptable use of the Services and govern your rights, obligations and restrictions regarding your use of the Services. You are only authorized to use the Services if you agree to abide by all applicable laws and this Agreement. By using the Services, you agree to be bound by this Agreement. 

Because your privacy is important to us, this Agreement also incorporates, by this reference, our Privacy Policy (http://www.gameloft.com/privacy-notice), which explains how we collect and use your content and information. Please read the Privacy Policy. 

Your access to and use of the Services constitutes your representation and warranty that you have reached the age of majority in your country of residence, and if not of legal age to form a binding contract, that you access and use the Services with the permission of a parent or legal guardian, and that you are not a person barred from using or receiving the Services by any local, state, federal or international law. Some features of the Services are reserved for an older audience only, therefore you may be restricted from accessing them if you have not reached the age of majority in your country of residence, even if you have obtained the permission of a parent or legal guardian. In order to participate in certain Services, you may be notified that you are required to agree to the general Gameloft Terms of Use (https://www.gameloft.com/en/conditions-of-use), which are hereby incorporated into this Agreement by this reference. In case of conflict between the general Gameloft Terms of Use and this Agreement, the latter will prevail.

We may modify this Agreement from time to time and such modifications shall be effective upon posting on the Services. You will be deemed to have agreed to any such modifications by your further use of the Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes. If you do not agree with the modifications, please discontinue use of the Services immediately. 

I. YOUR ACCOUNT / PASSWORD SECURITY / SUSPENSION, TERMINATION 

In order to benefit from the Services, you will be required to register a Gameloft Club account (an "Account").

To create an account in Gameloft Club, you need to download (at no charge) and open a game included in the program and enter the Settings menu. Tap on the “Gameloft Club” icon and follow the steps.

Creating an Account is entirely optional, and not necessary to play Gameloft games. However, you may not be able to access useful features if you choose not to create an Account.

When creating or updating an Account, you are required to provide us with certain personal information, which may include your email address. This information will be held and used in accordance with our Privacy Policy at http://www.gameloft.com/privacy-notice. 

You may never use another's Account without permission. You may not create more than one Account. You may be prohibited from registering a new Account if you have previously had an Account terminated.

 You are responsible for (i) keeping confidential any password that you created for use with any aspect of the Services that require registration, and (ii) restricting access to your computer, console, or mobile device. You agree to accept full responsibility for all activities that occur within your Account. You must notify us immediately of any breach of security or unauthorized use of your Account.

Although we will not be liable for your losses caused by any unauthorized use of your Account, whether with or without your knowledge, you may be liable for our losses or the losses of our third-party licensors, content providers, and service providers (collectively, "Gameloft Providers") due to such unauthorized use.

Without limiting anything in this Agreement, we reserve the right, in our sole discretion, to restrict, suspend, or terminate your Account and/or your access to any or all parts of the Services at any time, for any or no reason, with or without prior notice, and without liability, including in the event we stop offering any aspect of the Services. We expressly reserve the right to restrict, suspend and/or terminate your access to any part of the Services if we determine, in our sole discretion, that you have violated any of the terms of this Agreement. 

II. PURCHASES / PAYMENTS / REFUNDS 

Creating an Account to use the Services is free of charge, but Virtual Items (as defined below) featured in the Services require a purchase to be obtained. You need to create an Account to purchase and access the Virtual Items. Such products or services may be made available for purchase on specified pages of the Services' website or otherwise as indicated through the Services.

 The price of any product or service purchased through the Services will be the price specified at the time of your purchase. Prices for all products and services exclude all applicable taxes and telecommunication charges, unless otherwise indicated. To the extent permissible by law, you agree to be responsible for any such applicable taxes and telecommunication charges. 

Your purchase of Virtual Items or other content constitutes your representation and warranty that you are of legal age to form a binding contract, and if not of legal age, that you have placed such order with the permission of a parent or legal guardian, and that you are not a person barred from using or receiving the Services by any local, state, federal or international law. 

When you provide credit card information to us or our service providers, you represent that you are the authorized user of the credit card that is used to pay the purchase fees. We reserve the right to collect applicable taxes and impose premium surcharges for certain Services. 

Virtual Items can be downloaded in connection with the Services for a charge. We assume no liability for trial versions; software purchased for the wrong telephone, device or platform; promotional codes or discounts not provided at the time of purchase ("Purchaser Errors"). We will not be liable for any errors on billing statements issued to you by the Gameloft Providers’ websites or platforms (including third-party marketplaces). You accept full responsibility for confirming that the phone or other device manufacturer, phone or other device model, and carrier are supported and that the phone or other device is compatible with the products or services purchased, downloaded or otherwise obtained by you through the Services. Although we will make commercially reasonable efforts to help you obtain the proper Virtual Items for your game, device or platform, we will not be liable or responsible for any Purchaser Errors. If you have other questions in connection with any product or service available through the Services, please contact the Gameloft technical team at support@gameloft.com or http://support.gameloft.com/. Please read the system requirements very carefully before making any purchases. 

Right of cancellation: If you choose to cancel your order, you may do so within 14 days from when you received your receipt without giving any reason. To cancel your order, you must inform us of your decision via a declaration by mentioning the reference of the purchase, the date of the purchase, your name and your address, sent to the following address: support@gameloft.com or http://support.gameloft.com/. To meet the cancellation deadline, you must send your communication of cancellation before the 14-day period has expired. If you choose to cancel your monthly subscription, you may do so pursuant to the terms.

Effects of cancellation: We will reimburse you no later than 14 days from the day on which we receive your cancellation notice. We will use the same means of payment as you used for the transaction, and you will not incur any fees for such reimbursement. 

Exception to the right of cancellation: You cannot cancel your order for the supply of digital content if the delivery has started upon your request and acknowledgement that you thereby lose your cancellation right. 

III. VIRTUAL ITEMS 

Certain parts of the Services allow you to "purchase" (a) virtual currency, including but not limited to virtual coins, cash, tokens, or points, all for use in the identified Gameloft game at the moment of the purchase; (b) virtual in-game items (together with virtual currency); or (c) certain in-game benefits ("Virtual Items"). Virtual Items have no real-world value and cannot be redeemed for actual currency, goods or other items of monetary value, including in the event that you have unused Virtual Items remaining in your account at the time your account is closed, whether such closure was voluntary or not. All sales of Virtual Items are final. Aside from the right of cancellation described in section II above and to the extent permitted by law, no refunds will be given, except in our sole and absolute discretion.

The purchase of any Virtual Item is merely the purchase of a license to use the Virtual Item in the applicable Gameloft game(s) and does not transfer ownership of that Virtual Item to you. This license is personal to you and cannot be sold, transferred, assigned, gifted, traded or sublicensed. Accordingly, we expressly prohibit and do not recognize any purported sales, transfers, assignments, gifts, trades or sublicenses of Virtual Items, whether for "real money," goods or any other exchange outside of the Services. Any such transfer or attempted transfer is prohibited and void, and may subject you to a termination of your account, a lifetime ban from our products and services, and even legal action. 

IV. ONLINE CONDUCT 

You, as a user, agree to use the Services only for lawful purposes. As specified in the general Gameloft Terms of Use (https://www.gameloft.com/en/conditions-of-use) prohibited activities include, but are not limited to: 

  1. 1. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;

  1. 2. promoting illegal or tortious activities or conduct that is abusive, threatening, obscene, defamatory or libelous; 

  1. 3. using photos and/or pictures that are sexually explicit or pornographic, exposing the female breast or full exposure of either male or female buttocks, or any or all portions of the human genitalia; exposing anyone or anything involved in explicit sexual acts and/or lewd and lascivious behavior, including masturbation, copulation, pedophilia, intimacy involving nude or partially nude people in heterosexual, bisexual, lesbian, or homosexual encounters; depicting anyone or anything that is crudely vulgar or grossly deficient in civility or behavior or that shows scatological impropriety and any other content contravening good moral standards;

  1. 4. attempting to circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein; 

  1. 5. using cheats, exploits, automation software, bots, hacks, mods or any other unauthorized software designed to modify or interfere with the Services, and taking advantage of cheats or exploits;

  1. 6. using any software that intercepts, mines, or otherwise collects information about other users or copies and stores any Proprietary Materials (as defined below); 

  1. 7. interfering with, disrupting, or creating an undue burden on the Services or the networks or services connected to the Services; 

  1. 8. attempting to impersonate another user or person; 

  1. 9. soliciting personal information from anyone under 18; 

  1. 10. collecting, harvesting, soliciting or posting passwords or personally identifiable information from other users; 

  1. 11. using the account, username, or password of another account holder at any time or disclosing your password to any third party or permitting any third party to access your Account; 

  1. 12. using any information obtained from the Services in order to harass, abuse, or harm another person;

  1. 13. using any unfair, misleading or deceptive content intended to draw traffic to one’s profile;

  1. 14. using the Services in a manner inconsistent with any and all applicable laws and regulations, including U.S. export and re-export control laws and regulations; 

  1. 15. sublicensing, renting, leasing, selling, trading, gifting, bequeathing or otherwise transferring your Account or any Virtual Items associated with your Account to anyone;

  1. 16. accessing or using a third-party account or any Virtual Items that have been sublicensed, rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the holder or the original account creator; 

  1. 17. using multiple accounts, manual procedures, bots, scripts or other processes in order to accumulate or “farm” Virtual Items; 

  1. 18. using the Services in a commercial manner, including the transferring of Virtual Items in exchange for “real-world” money; 

  1. 19. making any automated use of the Services or taking any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure.


You will immediately be banned from the Services if you are found to be participating in any one of these activities. Any conduct by you in violation of the foregoing prohibitions may result in the suspension or termination of your Account and your access to the Services. 

V. CONTENT 

A. Proprietary Rights 

All materials contained on the Services, including all content, the Virtual Items and the software, graphics, text and look and feel of the sites, and all trademarks (including GAMELOFT® and the titles of all of our Apps), copyrights, patents and other intellectual property rights related thereto ("Proprietary Materials"), are owned or controlled by Gameloft SE, our subsidiaries or affiliated companies and our third-party licensors. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any Proprietary Materials, or any other protectable aspects of the Services, in whole or in part. Subject to your compliance with this Agreement and any other relevant policies related to the Services, we grant you a non-exclusive, non-transferable, revocable limited license subject to the limitations herein to access and use the Services and Proprietary Materials for your own non-commercial entertainment purposes consistent with the intended purpose of the Services. You agree not to use the Service for any other purpose. 

As referenced above, even though you may buy Virtual Items with "real-world" money, you do not, in fact, "own" such items. By making such a purchase, you are merely being granted a license to use such Virtual Items in the applicable Apps or other Services for which such Virtual Items can be used. The Virtual Items have no real-world value and are not in any way a credit or balance of real currency or its equivalent. In no event can any Virtual Items be redeemed for actual, "real-world" currency. We have the sole and absolute right to manage, regulate, control, modify and/or eliminate such Virtual Items as we see fit in our sole discretion, and shall have no liability to you or anyone for the exercise of such rights. 


B. Unsolicited Submissions 


We are pleased to hear from our customers and welcome their comments regarding our Services. Unfortunately, however, long-standing company policy does not allow us to accept or consider creative ideas, suggestions or materials other than those it has specifically requested. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by our professional staff might seem to others to be similar to their own creative work. Accordingly, we must, regretfully, ask that you do not send us any original creative materials such as game ideas or original artwork. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products, and not submit any creative ideas, suggestions or materials.

C. Non-fungible Tokens 

Only limited personal, non-commercial use of, and resale rights of Non-fungible Tokens (NFTs) are granted and you have no right to license, commercially exploit, reproduce, distribute, prepare derivative works, publicly perform, or publicly display an NFT, or the music or the artwork therein. You have no right to modify and/or use the art to market or sell any products. All copyrights and other rights are reserved and not granted.

Gameloft is not responsible for the blockchain network and/or any other third-party service that you might access or use for the purpose of using, owning, or transferring the Non-fungible Tokens, and you warrant that you will hold Gameloft harmless from any and all claims of any nature that in any way arise from your use of any third-party service and/or platform.

In the case of resale of the NFT according to the conditions authorized above, no transfer of rights whatsoever will be granted, and the new owner will be subject to the same limitations.

VI. NOTICE OF INFRINGEMENT 

Without limiting the foregoing, if you believe that any content posted on the Services constitutes an infringement of your copyrights or trademarks, we will respond promptly to any properly submitted notice containing the information detailed below. Please send all notices to the following e-mail address: legal@gameloft.com. 

To be effective, the notification must be a written communication that includes the following: 1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; 3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; 4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted; 5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and 6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 

VII. NON-COMMERCIAL USE 

The Services are for your personal use only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. Any use of the Services in violation of this provision, including communicating any advertisement or solicitation, or collecting usernames and/or email addresses of account holders by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Services, is prohibited. 

VIII. ELECTRONIC COMMUNICATIONS 

When you use the Services or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this site and/or in our apps. You agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing. 

IX. LINKS 

The Services may contain links to websites operated by third parties. We do not monitor or control the linked sites and make no representations regarding, and are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any of the content uploaded, displayed, or distributed, or products, or services available at these sites. If you choose to access any third-party site, you do so at your own risk. The presence of a link to a third-party site does not constitute or imply our endorsement, sponsorship, or recommendation of the third party or of the content, products, or services contained on, or available through, the third-party site.

 We reserve the right to disable links from or to third-party sites. 

X. DISCLAIMERS AND LIMITATION OF LIABILITY 

THE SERVICES ARE PROVIDED BY US AND OUR WEBHOST ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANY GAMELOFT PROVIDER MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT USE OF THE SERVICES WILL BE 100% SECURE, UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, OR SERVICE, PROVIDED THROUGH THE SERVICES; OR (IV) THAT THE SERVERS, OR EMAIL SENT FROM OR ON BEHALF OF GAMELOFT SE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 

UNDER NO CIRCUMSTANCES SHALL WE OR ANY GAMELOFT PROVIDER BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE SERVICES 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 GAMELOFT SE’S RECORDS, PROGRAMS, OR SERVICES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SERVICES. 

TO THE EXTENT PERMITTED BY LAW, NEITHER WE NOR ANY GAMELOFT PROVIDER WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE SERVICES OR THE PURCHASE OF ANY PRODUCT, REAL OR VIRTUAL, THEREFROM, EVEN IF WE OR SUCH GAMELOFT PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL GAMELOFT SE BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID GAMELOFT SE IN THE ONE HUNDRED AND EIGHTY (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM AND IF YOU HAVE NOT PAID ANY AMOUNTS DURING THAT TIME PERIOD, YOU ACKNOWLEDGE THAT YOUR SOLE REMEDY SHALL BE TO CEASE USING THE SERVICES AND TERMINATE YOUR ACCOUNT. 

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH USER, AND SUCH USER MAY HAVE ADDITIONAL RIGHTS. 

XI. INDEMNITY 

You agree to indemnify and hold Gameloft SE, the Gameloft Providers, our subsidiaries and affiliates, and our respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if Your Content causes us to be liable to another. 

XII. SEVERABILITY 

The provisions of this Agreement are intended to be severable. If for any reason any provision of this Agreement is held to be invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction. 

XIII. OTHER 

This Agreement is deemed accepted upon any use of any of the Services. This Agreement constitutes the entire agreement between you and us regarding the use of the Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. 

XIV. SUPPORT 

Subject to the other provisions of this Agreement, Gameloft will attempt to help you with any queries or problems that you may have with the Services or any of your purchases through the Services. To reach our customer support team, please email us at support@gameloft.com or http://support.gameloft.com/. It will expedite your request for assistance by providing our representatives with all the information they need to solve your problem as quickly as possible. 

If you are a resident of the EEA, should any dispute or claim arise relating to these Terms or your use of the Services, you have a right to request a settlement by means of an independent mediation, provided you did not obtain a satisfactory solution by contacting our Customer Care service first (http://support.gameloft.com/).

You may do so via the European Online Dispute Resolution (ODR) platform provided by the European Commission: https://ec.europa.eu/consumers/odr/.

XV. MODIFICATION 

We reserve the right to make changes to the Services, posted policies and these Terms of Use at any time by posting such changes in the Services. The continued use of the Services as modified constitutes your acceptance of such changes.  


Please contact us at support@gameloft.com or http://support.gameloft.com/ for any questions regarding customer relations and any issues arising from your in-game activity.