Latest update on 09/10/2024
These Terms are a legal agreement between you and CYBER SPHERE SARL (referred to as "CYBER SPHERE," "us," "we," or "our" in these Terms). All users of this website (the “Site”) are subject to the following terms and conditions of use (the “Terms of Use”).
Please read these Terms of Use carefully before accessing or using any part of this Site. By accessing or using this Site, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use, which may be amended from time to time. If you do not agree with these Terms of Use, you should not access or use any part of this Site.The Company may revise and update these Terms of Use at any time without prior notice by posting the amended terms on this Site. By continuing to use the Site after changes are made, you agree to accept and comply with the revised Terms of Use. If you disagree with the Terms of Use (including any amendments) or are dissatisfied with this Site, your sole remedy is to stop using the Site.
A.CYBER SPHERE General Terms & Conditions
1.Why should you read these Terms?
You should read these Terms because they contain our legal commitments to you and a number of DOs and DON'Ts which you need to be aware of when you use our Services. Please read these Terms carefully to make sure you understand them. By using our Services, you agree to accept and be legally bound by these Terms. If you do not agree with the Terms, you should not access or use our Services.
· You should also read our Privacy Policy. The Privacy Policy explains how we use your personal data.
· If you wish to buy any virtual currency or items in our Services, you should read our CYBER SPHERE Virtual Items Terms and Conditions.
· Please note that if you are accessing third-party games that are hosted or displayed on the Website, additional terms and conditions for such third-party games may also apply. We recommend that you refer to the terms and conditions for such third-party games in addition to these terms.
2.Can CYBER SPHERE change these Terms?
We can update and change these Terms from time to time and the most current version of these Terms will be posted onto the Website and relevant apps and you may be invited to review and accept the revised Terms in order to continue using the Services. You can print and save a copy of these Terms for your future reference.
3.What do I need to do with my log-in details?
It is crucial to keep your login details secure. You are solely responsible for maintaining the confidentiality of your username, email address, and password, and for all activities conducted under your account. We recommend regularly updating your password and avoiding the use of the same email and password combination across multiple services.Fair play is a core value at CYBER SPHERE, and as such, you agree not to share your login credentials with any other individual or third party, nor engage in any activity that would allow others to access or use your account. If we detect, at our discretion, that multiple individuals are using your account, we reserve the right to suspend, terminate, or cease supporting your account without prior notice or liability.
As we are unable to verify the identity of users, we disclaim any liability if your account is accessed by someone else using your login details. Should you become aware of any unauthorized use of your account, please notify us immediately. Note that we may require identity verification and proof of account ownership. Be vigilant against fraudulent websites or services falsely claiming affiliation with us. If in doubt, contact us at: [email protected].
4.How do I close my account?
If you wish to close your account(s) with any of our Services, please contact us by email at: [email protected].
5.What am I not allowed to do when using the Services?
You agree that when you access and use the Services you should comply with the following rules ("the Rules"). You agree that you will not post, distribute, promote or otherwise make available or transmit any data, text, message, graphic or computer file that we believe:
is a personal attack on other individuals;
bullies, stalks or otherwise harasses any other user of our Services;
contains any personal data;
is a form of cheating, including without limitation the use, promotion or participation (directly or indirectly) in the use of cheats, exploits, bots, hacks, mods or any unauthorized third-party software designed to modify the Services;
infringes and/or violates any right of a third-party including but not limited to: (a) copyright, patent, trademark, or other proprietary rights; (b) right of privacy (specifically, you must not distribute another person's personal information of any kind without their express permission) or publicity; (c) any confidentiality obligation;
contains a virus or other harmful component, or otherwise tampers with, impairs or damages our Services or otherwise interferes with any person or entity's use or enjoyment of the Services;
promotes and/or generates money for yourself and/or any third-party business activity;
deletes any legal notices, disclaimers, or proprietary notices such as copyright or trademarks, or modify any logos that you do not own or have express permission to modify;
does not generally pertain to the designated topic or theme of the Services; or
is, more generally, not in compliance with the European Union's (or any of its member state's') applicable legislation;
6.What is CYBER SPHERE not responsible for?
We do not guarantee that our Services will always be available, uninterrupted, secure, or free from bugs, viruses, or errors. There may be times when the Services are unavailable due to maintenance or technical issues, and we may modify or discontinue certain Services without notice.We are not responsible for third-party content, such as games or ads, hosted on our Website or Services. We are also not liable for any loss, damage, or upset you experience if Services become unavailable or are affected by other players' actions. Additionally, we are not responsible for:
· Temporary or permanent connection issues
· Damage to your device or data loss (including from viruses)
· Loss or upset caused by other users' actions
· Losses that were unforeseeable when you started using our Services
· Interruptions due to events beyond our control, like natural disasters or labor disputes
Our liability for death, personal injury caused by negligence, or fraud is not limited by these Terms.All Services are provided "as is" and "as available." We do not guarantee any specific results or promises, and we may offer different features to different users. While we take steps to protect our Services from viruses, we recommend using antivirus software.
7.What should I do if someone has made an unauthorized charge on my account?
CYBER SPHERE is not liable for any charges made by third parties on your account that you have not authorized (this includes fraudulent purchases or purchases made by minors). If you wish to pursue a refund for such charges, you should contact your bank or the payment provider.
Any charges purported to be made by CYBER SPHERE which are not made through the above payment providers are not genuine and you should notify your bank and the payment provider immediately.
8.Is CYBER SPHERE responsible for third-party websites or content?
On some pages you may see links to third-party websites, advertising or content provided by third parties. These links are provided by third parties and not by us. We do not endorse any third-party website or content which is linked from our Services. Subject to applicable law or regulation, we are not responsible or liable for anything that happens to you or your data when you visit these third-party websites or use third-party content. If you visit any third-party website, please be aware that it may have its own terms of use, license agreement and privacy policy which you will need to be aware of.
9.What happens if I am not happy with these Terms or the Services?
By using our Services, you agree to accept and be legally bound by these Terms. If you do not agree with the Terms, you should not access or use our Services. We will do our best to resolve any disputes over these Terms. If you wish to take court proceedings against us you must do so within France.
If we are unable to resolve any disputes between us regarding the delivery of services, you have the right to refer the dispute to the EU's Online Dispute Resolution platform at: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage.
10.Do I have to be a certain age to use the Services?
The Services are not directed at children under the age of 13. For some Services you may need to register and should be at least 13 or over to do so.If you help someone who is under 13 to register for or otherwise use any Services you assume full liability for any consequences and that, under no circumstances including, but not limited to, negligence, neither we nor any third-party content provider nor their respective agents shall be liable for any direct, indirect, incidental, special or consequential damages arising out of such use.
B.CYBER SPHERE Virtual Items Terms and Conditions
Please read these terms and conditions ("Virtual Items Terms") carefully before purchasing any virtual items, benefits, upgrades, unlockables, gameplay features or bonus, tokens or other in-game currency, in each case, available through or otherwise in relation to our Services (together "Virtual Items"). By directly or indirectly (such as through Subscriptions) purchasing any Virtual Items, you agree to be bound by these Virtual Items Terms and the Terms. These Virtual Items Terms are in addition to the Terms and if there is a conflict between the Virtual Items Terms and the Terms, the Virtual Items Terms shall apply.
1.Where can I buy Virtual Items?
Some of our games let you buy Virtual Items. You can recognise these games because they have an option to purchase Virtual Items, either in an in-game store or, in the case of Bonus, usually at the top of the specific game playing window. Games may allow you to buy different amounts of Virtual Items and may have temporary offers or sales for Virtual Item purchases.
We do not permit third parties to give or sell Bonus and other Virtual Items outside of our games. Accordingly, as a condition to playing our games, you agree not to receive, purchase and/or use Bonus or Virtual Items from such third parties. Any unauthorized Bonus or Virtual Items that you purchase are subject to forfeiture at any time.
2.How do I use my Virtual Items?
You can spend your Bonus in order to acquire other Virtual Items within the game within which you purchased the Bonus. When you use Bonus to acquire another Virtual Item within a game, the relevant amount of Bonus will automatically be deducted from your account that is connected with that game.
3.What am I not allowed to do with my Virtual Items?
Users are prohibited from holding and using Virtual Items in multiple accounts in any manner that is contrary to the general purpose of the CYBER SPHERE game and in violation of any relevant clauses of these Terms and Conditions.
You are strictly prohibited from giving, selling or otherwise transferring an account or any Virtual Items to any other person. Any violation or abuse of the account limitations will be flagged and may result in suspending or disabling your account or any other measures CYBER SPHERE deems necessary.
We may from time to time limit the use of Virtual Items, including applying limits to the number of Virtual Items allocated to your account at any time, and/or the number of Virtual Items usable or redeemable within a given time period.
4.What legal terms do I need to be aware of when I am purchasing Virtual Items?
When you buy Virtual Items, you are buying a limited personal revocable license to use the Virtual Items. You agree that the Virtual Items do not constitute personal property and Bonus are not legal tender or currency of any kind. All Virtual Items purchased by you are non-refundable.No interest is paid or earned on any Bonus balance.
5.Can I cancel my order once I have bought my Virtual Items?
By purchasing Virtual Items from us, you agree that we can transfer them to your account as soon as we can. By agreeing to these terms, each time you click to confirm a purchase, you acknowledge that you expressly consent to the supply of the Virtual Items immediately and acknowledge that you will lose your right to change your mind and cancel such order within the 14-day cooling-off period otherwise provided by law.
6.What happens to my Virtual Items if my account is temporarily or permanently terminated?
We reserve the right to temporarily or permanently ban your account if:
· we or our designated payment processor are unable to verify or authenticate any information (including payment information) you provide in connection with the purchase or use of the relevant Virtual Items;
· we or our designated payment processor are notified of or reasonably suspects any cheating, fraudulent, abusive or other unlawful activity whatsoever in relation to your account, Virtual Items or Bonus balance;
· you are otherwise in breach of these Virtual Items Terms, the terms of the third-party payment service provider or any other Terms; or
· your account is inactive for a period of 3 years.
· If we temporarily or permanently ban your account, we may remove any or all of the Virtual Items in your account. If this happens, you are not entitled to any reimbursement, refund or any other compensation, except at our sole discretion.
7.What should I do if someone has made an unauthorized purchase on my account?
You are responsible for the security of your account and ensuring that no unauthorized purchases occur on your account. CYBER SPHERE is not liable for any unauthorized purchases (including fraudulent purchases or purchases made by minors). If you wish to pursue a refund for such purchases, you should contact your bank or the payment provider.
8.What is CYBER SPHERE not responsible for?
We are not responsible for the following types of loss or damage which may arise (and have no obligation to refund for any purchase of Virtual Items):
· damage or loss not caused by our breach of the Virtual Items Terms;
· unauthorized purchases made by persons who have gained access to your account (including, without limitation, minors or unauthorized third parties);
· loss or liability incurred by you as a result of accidentally entering a match or purchasing a Virtual Item through misclick or other mistake;
· loss of progress or Virtual Items as a result of our decision to terminate a game or remove certain features or supporting services from a game;
· any loss or damage if the Virtual Items are not provided to you are interrupted or suspended or if we do not comply with the Virtual Items Terms because of events beyond our control, such as an act of God, accident, fire, lockout, strike or other official or unofficial labor dispute, civil commotion or other act or event beyond our reasonable control.
C.MISCELLANEOUS
1.Entire Agreement and Legal Remedies
These Terms of Use, as updated periodically, represent the complete and exclusive agreement between you and CYBER SPHERE regarding the Site. Any prior communications or agreements, whether oral or written, are superseded by these Terms. Any legal claim you have regarding the Site must be filed within one (1) year of its occurrence, or it will be barred. Violations of these Terms, particularly unauthorized use of the Site or disclosure of Confidential Information, may cause irreparable harm to the Company. In such cases, CYBER SPHERE is entitled to seek injunctive relief in addition to other available legal remedies.
2.Rights of Third Parties and Enforcement
The Company's licensors and contractors are considered third-party beneficiaries of certain provisions within these Terms of Use, particularly those related to disclaimers, warranties, and liability limitations. They hold the right to directly enforce applicable terms, representations, warranties, and obligations against you. If any provision of these Terms is deemed unenforceable, it will be adjusted to reflect the original intent as closely as possible, while the remaining terms will continue to be valid.
3.Survival of Terms and Waivers
The sections concerning intellectual property protection, liability limitations, warranty disclaimers, choice of law, binding arbitration, and indemnification will survive the termination of these Terms of Use. The Company's failure to strictly enforce any provision of these Terms shall not be considered a waiver of its right to enforce it in the future. Additionally, neither the course of conduct between you and the Company nor any trade practices will modify these Terms of Use.