Terms of use

Patrick Ellis, Pated, EIRL (the «Company» ) operates Pated website (the «Site»), provides various apps, games and social networks (the «Apps»), and offers certain other features, content, or contests from time to time (collectively, «Additional Features») (the Site, Apps, and Additional Features shall hereinafter sometimes be collectively referred to as the «Services»).

This Terms of Use Agreement («Agreement») includes our policy for acceptable use of the Services and governs 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 https://www.pated.net/privacy which explains how we collect and use your content and information. Please read the Privacy Policy.

We may modify this Agreement from time to time and such modification 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.

Your purchase of any App, Virtual Item or other content through the Services 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.

Apps, Additional Features and Virtual items can be downloaded in connection with the Services for a charge. We assume no liability for purchaser error, trial versions, software purchased for the wrong telephone, device or platform, promotion codes or discounts not provided at the time of purchase or any purchased item 90 days after the purchase date for any reason (“Purchaser Errors”). We will not be liable for any errors on billing statements issued to you by your carrier. 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 to 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 software for your telephone, 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 Pated support at support[at]pated.fr. In no event will we be liable for any defects or other problems associated with downloads or purchases through the Services after a period of ninety (90) calendar days has expired from the date of such download or purchase, as applicable.

We accept ABSOLUTELY NO RETURNS on software downloads. Please read the system requirements very carefully before making any purchases.

CERTAIN APPS ALLOW YOU TO PURCHASE VIRTUAL ITEMS (AS DEFINED BELOW) WITHIN THE APP. SUCH PURCHASES MAY BE MADE AVAILABLE IN BOTH APPS WHICH YOU MUST PURCHASE TO DOWNLOAD AS WELL AS APPS WHICH ARE FREE TO DOWNLOAD. IN ADDITION, CERTAIN APPS, INCLUDING THOSE THAT ARE FREE TO DOWNLOAD, MAY CONTAIN THIRD-PARTY ADVERTISEMENTS THAT MAY REDIRECT YOU TO A THIRD-PARTY SITE.

II. VIRTUAL ITEMS

Certain Services may allow you to «earn» or «purchase» (a) virtual currency, including but not limited to virtual coins, cash, tokens, or points, all for use in the Services; (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. No refunds will be given. The purchase of any Virtual Item is merely the purchase of a license to use the Virtual Item in the applicable Services 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 legal action.

III. ONLINE CONDUCT

You, as a user, agree to use the Services only for lawful purposes. Specific prohibited activities include, but are not limited to:

• 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;
• promoting illegal or tortuous activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
• 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;
• using cheats, automation software, bots, hacks, mods or any other unauthorized software designed to modify or interfere with the Services;
• using any software that intercepts, mines, or otherwise collects information about other users or copies and stores any Proprietary Materials (as defined below).
• interfering with, disrupting, or creating an undue burden on the Services or the networks or services connected to the Services;
• attempting to impersonate another user or person;
• soliciting personal information from anyone under 18;
• collecting, harvesting, soliciting or posting passwords or personally identifiable information from other users;

A. Proprietary Rights

With the exception of content posted by users of the Services («User Content»), 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 Pated® and the titles of all of our Apps), copyrights, patents and other intellectual property rights related thereto («Proprietary Materials»), are owned or controlled by the Company, our third-party licensors, and/or our advertising partners. 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. Distribution/Uploading Of Content

You are prohibited from posting on or transmitting through the Services (e.g., through uploaded content, a chat or user forum, online review or comment posted through the Services) any content that infringes upon a third party’s intellectual property rights or is defamatory, damaging, illegal, or offensive.

Without limiting the foregoing, you may not post, modify, distribute, or reproduce in any way on the Services any copyrighted material, trademarks, or other proprietary information belonging to others unless you have first obtained the prior written consent of the owner of such proprietary rights. It is our policy to terminate the account of anyone who repeatedly infringes the copyright rights of others upon our receipt of proper notification from the copyright owner or the copyright owner’s legal agent.

By submitting content or materials («Your Content») to us through the Services, including, without limitation, uploading any materials, choosing a username, or participation in any chats or forums, you automatically grant us, or warrant that the owner of such content has expressly granted us, the royalty-free, irrevocable, sublicensable and transferable, non-exclusive right and license to use, reproduce, publish, translate, prepare derivative works of, copy, perform and distribute Your Content, including all patent, trademark, trade secret, copyright or other proprietary rights in and to such content and your username, actual name, and likeness (if submitted), in whole or in part worldwide, including in connection with announcing you as the winner of a sweepstakes/contest or including you in leaderboards. You also hereby grant each user of the Services a non-exclusive license to access Your Content through the Services, and to use, reproduce, distribute, display and perform Your Content as permitted through the functionality of the Services and under this Agreement. The above licenses granted by you in Your Content are perpetual and will only terminate if you’ve requested the removal or deletion of Your Content from the Services (such license will terminate within a commercially reasonable time after your request to remove or delete Your Content). You understand and agree, however, that we may retain, but not display, distribute, or perform, server copies of Your Content that have been removed or deleted. The foregoing is subject to the provision regarding Unsolicited Submissions below.

Subject to these grants, you retain any and all rights which may exist in Your Content.

We may disclose any of Your Content or electronic communication of any kind to satisfy any law, regulation, or government request; if such disclosure is necessary or appropriate to operate our Services; (iii) to protect the rights or property of the Company; or to protect the Company’s providers and any other user.

C. Representations and Warranties

You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all of Your Content and to enable inclusion and use of Your Content in the manner contemplated by the Services and this Agreement. You further represent and warrant Your Content will not defame any third party and that the use of Your Content on the Services will not violate or infringe upon the intellectual property rights, or the rights of privacy or publicity, of any third party.

D. Third-Party Content & User Content

You acknowledge that the Company is an online service provider that may post content supplied by third parties and users. We have no more editorial control over the content posted by such third parties (including User Content) than does a public library or newsstand. Any opinions, advice, statements, judgments, services, offers, or other information that constitutes part of the content expressed or made available by third parties, including User Content, are those of the respective authors or distributors and not of the Company or its affiliates or any of their officers, directors, employees, or agents. While we retain the right to filter or reject User Content and other content posted by third parties, we review User Content and other third-party content in a limited gate-keeper fashion and have no obligation to investigate whether User Content and other third-party content violate any term of this Agreement and will not do so in most cases. We neither endorse nor are responsible for the User Content or any other content posted to the Services by anyone other than the Company.

Just as you retain complete ownership of Your Content (subject to the license to us granted above), all other users of the Services retain ownership of their User Content. 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 User Content in whole or in part.

E. 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. If, despite our request that you not send us any other creative materials, you send us creative suggestions, ideas, notes, drawings, concepts or other information (collectively, the “Unsolicited Submissions”), the Unsolicited Submissions shall be deemed, and shall remain, the property of Pated. None of the Unsolicited Submissions shall be subject to any obligation of confidence on the part of Pated, and we shall not be liable for any use or disclosure of any Unsolicited Submissions. Without limitation of the foregoing, we shall exclusively own all now known or hereafter existing rights to the Unsolicited Submissions of every kind and nature, in perpetuity, throughout the universe and shall be entitled to unrestricted use of the Unsolicited Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Unsolicited Submissions. You waive any and all moral rights in any such Unsolicited Submissions as well as any claim to a right of credit or approval. The foregoing shall also apply to any creative submissions you make at our specific request, unless otherwise agreed in writing.

 
V. NOTICE OF INFRINGEMENT