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Terms Of Use

for the FaceBelote App

 

  1. Purpose

These Terms Of Use (“Terms”) is a legal agreement between You and Cluster13 Ltd (registration 516366176, having registered office at Kikar Haatzmaut 12, Israel (4227129), represented by its executive officer, and with its contact email address as contact@cluster13.com, hereafter “Cluster13”, “We”, “Us” or “Our”).

These Terms provide the conditions under which Cluster13 allows persons (User, You) to use its app, named FaceBelote.

 

  1. Changes and severability

    1. The App can be downloaded from most common app online stores (such as Google Play Store or Apple App Store, e.g., Your IAP Provider), with a smartphone, tablet or computer.

    2. By downloading or using the App, You agree to and accept the Terms (which may be updated from time to time) and Our Privacy Policy, for each of Your use of the App. Your IAP Provider App also provides for terms and conditions You should review carefully, as they apply for some matters such as in-app purchases. 

    3. Your use of the App is for a recreational purpose only. 

    4. These Terms prevail over any conditions that may be provided in any other document. You agree to read them carefully and thoroughly, before any use of the App. If You disagree with any part of these terms, You must not use the App in any manner: please do not download, install, use or otherwise access the Service.

    5. These Terms might be updated at any time. We reserve the right, at our discretion, to change, modify, add, or remove some provisions of the Terms, at any time, by posting amended Terms. We may also provide additional notice within the Service. Unless We state otherwise, the changes are effective immediately upon posting. Each time You access Our App, the current version of the Terms applies. If You continue to use the App after the changes are posted, You agree that the changes apply to Your continued use of the Service. If you do not agree with any amendment to the Terms, Your only remedy is to cease use of the Service.

 

  1. Definitions

For the purposes of these Terms of Use, capitalized terms, whether in the singular or plural, shall have the following meaning:

  1. App: means the FaceBelote.

  2. User: means a person aged over 18 (or equivalent older age applicable), acting as a consumer. You can be a User without creating a User Account.

  3. In-App Purchase: means the purchase of virtual items in the App.

  4. Service(s): means the FaceBelote App and its content, including its In-App Purchases.

  5. Registration: means the creation of a User Account.

  6. Username: refers to the unique combination of the identifier of the User and its password, for the User Account. You do not have to create a User Account in order to be able to use the App to play.

  7. Password: refers to the combination of letters, numbers and signs that must be provided to access Your User Account.

 

  1. User

    1. Age and full legal capacity

By installing, accessing or using the Service, You confirm that You are at least 18 years of age and have full legal capacity to enter into this agreement. This is an express requirement to use.

For each use of Your Service, You declare and guarantee that: 

  • You are at least 18 years of age and have full legal capacity; and

  • You will always provide full, accurate and updated information all along Your use of the Services.

Any incorrect or incomplete data provided, willingly or not, that causes a damage to Cluster13 shall be borne by the User and Cluster13 reserves the right to initiate any legal action it shall deem necessary for violations of this undertaking. Cluster 13 also reserves the right, in its sole discretion and at any time, to suspend or terminate Your right to use the Services.

Your registration through a User Account is strictly personal. As a User, You are only allowed to play for Your own account, and You are not allowed to transfer Your User Account to a third party.

  1. User Account

You may use the Services without creating a User Account.

You are only allowed to have one User Account.

To create a User Account:

  • You can access the Service with a mere email address, by providing the following information: email address, Username of Your choice, password of Your choice ;

  • You can access the Service by using Your Apple account or Your Facebook account.

  • as a User, You choose a Username and a password for Your User Account. Your Username and Your password are strictly personal. You shall not provide anyone with Your Username and Your password. Multiple connections simultaneously with Your Username and Password is not allowed. Any connection to the Service using with Your Username and Password will be considered as made by You. 

Cluster13 reserves the right to forbid the use of some words as a Username, if they are considered as inappropriate.

You may ask to delete You User Account, by sending an email at support@facebelote.com.

 

  1. Description of the Services

    1. Content of the Services

    2. The Service is available 24 hours a day, seven days a week, all year round. It may be temporarily unavailable from time to time, due to maintenance or repair or if there is case of force majeure or any event out of Cluster13’s control.

    3. To the maximum extent permitted by the applicable law,

- the Services are provided on a “as is” basis, with all faults and without a warranty of any kind;

- Cluster13 expressly disclaims any and all warranties, express or implied, statutory or otherwise, including, but not limited to the implied warranties of fitness for a particular purpose, merchantability, title, accuracy, quiet enjoyment and non-infringement of third-party rights, and any implied warranties arising from course of dealing or performance;

- Cluster13 makes no warranty that the Services and the quality thereof will meet Your requirements and expectations, that they will be uninterrupted, timely, correct, error-free, or that defects will be corrected;

- Cluster13 makes no warranty of the absence of violation of the Terms by other Users.

  1. Access to the Services require an Internet connection, that is not provided by Cluster13. The data transfer performance and system response for the data through the internet is not guaranteed. Cluster13 is not responsible for the data transfer performance, it mainly depends on the characteristics of the networks.

  2. Cluster13 does not provide any personalized assistance, but Cluster13 remains at Your disposal for any question about the Service. For maximum responsiveness, please submit Your questions by completing our contact form in the game. You can also contact the Customer Support team at support@facebelote.com.

  3. Access to Services and Registration

To use the Services, You will need a terminal suitable for these required settings and equipped with internet access.

Neither the terminal nor the internet connection is provided by Cluster13.

The User is solely responsible for providing them in appropriate condition and at his own costs.

 

  1. Playing

    1. Playing rules for the Belote and for the Coinche are available in the game by clicking on the “i” button in the “play online” section.

You must review the playing rules before using the App.

To familiarize Yourself with the playing rules, the User can play against the computer, without paying nor winning chips, by clicking “Practice” in the “play online” section.

  1. Loyalty, fair play

As a User, You declare and guarantee that:

  • You will play according to the playing rules;

  • You will not use any software to manage the game;

  • You will not disclose information about Your hand or about Your intended moves against several opponents;

  • You will not make intended disconnections in order to obtain some additional time to assess Your move;

  • You will always play with loyalty, fairly, honestly and in good faith. 

In case of problems encountered whilst playing the game, You can contact us by completing our contact form available in the game.

 

  1. Liability

Cluster13 undertakes to use all reasonable means to achieve the desired results in terms of operation and continuity of the Service, but without guaranteeing that result.

The User guarantees and shall hold Cluster13, as well as its subsidiaries, employees/partners, or any third parties, harmless against any damage, claim or demand from third parties as a result of use that does not comply with hereby Terms of Use.

  1. Use of Your Username and Password 

Cluster13 does not have any access to Your Username or Password. You are solely responsible for all access to You User Account. Cluster13 strongly recommends that You frequently change Your Password.

  1. Malfunction

Cluster13 does not guarantee: 

  • that the use of the Service will meet the User’s needs (the User shall feel free to use the Service without paying for any In App-Purchase, as all features can be tested or enjoyed without payment);

  • that the quality of User’s connection through the internet will always allow the continuity of the Service;

  • that the functionality of the Service will not be interrupted, that there will be no virus or other harmful components in the Service, the internet connection, the hosting of the servers running the Services or the equipment of the User, and that potential defects in the operation or functionality of the App can be corrected.

    1. Audio / Video

You can access this feature by using some Drinks previously won, or with an In-App Purchase. 

The functionality of real time audio-video during the game is meant to simply offer further interactivity when playing with friends. This feature is dedicated to that private use only. The User is solely responsible for the use of that feature. The User remains free, at all times, to not activate this feature (neither audio, nor video). Recording of the video is strictly forbidden. The User shall though remain aware that another user may develop a way to undertake such a recording and that all Users shall therefore, and at all times, refrain from any action or behavior that he/she would not want to be recorded. The User shall abstain from activating the audio-video functionality to avoid any risk/damage directly or indirectly related to potential inappropriate use of these audio-video features.   

  1. In-App Purchases

The User is solely responsible for the confidentiality and the security of its User Account (Cluster13 cannot access any User Account), for the purchases made on the User Account or by using the User Account, and for all costs they may incur.

 

  1. Financial terms

    1. Use of the Service without any payment

Scope of the Service You may access without making any In App-Purchase

The User is free to use the App to play, without paying for any feature.

To avoid paying for any feature, the User shall simply refrain from using the “Shop” section in the App.

In practice, here is the scope of the Services You may access free of charge (no In-App Purchase required):

  • You can play against the computer;

  • You can play and use only the sole coins won by, or

    • playing (no in app-purchase of coins), or

    • drawing a “chance” card in the game, or

    • earning fidelity bonus (in the “bonus” menu), or

    • watching an ad, or

    • referring a friend.

In practice, as a User, You are able to test all features of the App (including the private table feature, with optional audio–video features) without making any In-App Purchase. The coins and drinks you may earn without paying anything give You the opportunity to test the content of the In-App Purchases, without any cost. 

Setting up Your IAP provider to block in-app purchases.

The platform You use to download the App (e.g., Your IAP provider) provides setup options that allow You to block all In-App Purchases. This option may be of use to prevent unauthorized or accidental purchase of In-App Purchases. Several options are generally available for the purpose thereof: requirement of a password to undertake an in-app purchase, restrictions of in-app purchases depending on criteria of Your choice, turning-off of the possibility to make any purchase at all. Further levels of control are available to make in-app purchases unavailable; this list is not exhaustive.

  1. In-App Purchases in FaceBelote

You may also decide to enjoy the Service, while accessing to some features through In-App Purchases (such as Coins or Drinks) rather than winning them.

In-App Purchases available at FaceBelote are of various types (recurrent, one-time, among others, see the “Shop” section).

  1. Payments

All payments for In-App Purchases are organized by Your IAP account: (All In-App Purchases are made through Your IAP account, not directly with Cluster13): You must therefore refer to the general terms for in-app purchases that apply to Your IAP account. 

  1. In the App

The In-App Purchases You have made are available in the “Shop” section of the App. 

  1. Payment term

All payments due for In-App Purchases are made in accordance with the payment term mentioned in the Shop, when choosing an In-App Purchase, and will be charged in accordance with those terms as well as with the general terms for in-app purchases that apply to Your IAP account. If You purchase an auto-recurring periodic subscription through an In-App Purchase, Your IAP Account will be billed continuously for the subscription until You cancel in accordance with Your IAP platform terms. In all cases, please refer to the terms of Your application platform (IAP Provider) which apply to Your In-App Purchase

  1. Means of payment

All payments due for In-App Purchases are made in accordance with the general terms for in-app purchases that apply to Your IAP account. 

  1. Right of withdrawal

You are entitled to a right of withdrawal pursuant to the terms of Article L.121-20-12 of French Code de la consommation (consumer code), if the conditions provided for by French law are met.

The right of withdrawal, for a consumer concluded at a distance, allows the consumer to cancel, without justification, the consumer contract within 14 days after he receives the good, or after he concluded the contract for services or digital content.

  • If the consumer withdraws after having requested the start of services, he must pay the proportionate costs of service used up until that moment.

  • In certain cases, the consumer will not have the right to withdraw from the contract. The right of withdrawal will, for example, not exist in the following circumstances :

  • for the provisions of services after the service has been fully performed, provided that the performance has begun with the consumer’s prior express consent, and with the acknowledgement that he will lose his right of withdrawal once the contract has been fully performed by the trader;  

  • for the supply of goods or services for which the price is dependent on fluctuations in the financial market which cannot be controlled by the trader, and which may occur within the withdrawal period ;

  • for the supply of digital content which is not supplied on a tangible medium if the performance has begun with the consumer’s prior express consent and his acknowledgment that he thereby loses his right of withdrawal.  

A model withdrawal form is provided hereafter. You may use this mode or inform Cluster13 of Your decision to enforce Your right to withdrawal by any equivalent statement. Pursuant to the right of withdrawal, no penalty is due when You exercise Your right to withdrawal.

 

 

Model withdrawal form

 

  

Last name:

​

​First name:

​

Email address:

 

​Address:

​

Phone number:

​

Information concerning your order:

​

Ordered on:

​

Payment date:

 

Content of the order:

 

Price paid for the order you want to withdraw from:

​

Date and Signature of consumer(s) User (only if this form is notified on paper):

 

​Other:

 

​

 

You can choose the way in which You decide to inform Cluster13 about Your decision to withdraw from the contract. The statement setting out the decision to withdraw from the contract must, however, be straightforward.

You may use the model withdrawal form that  Cluster13 has  hereby provided before conclusion of  the  contract,  but  You  are not obliged to. As the burden of proof for having withdrawn from the contract within the 14 days period is on You, it is in Your own interest to use a durable medium.

If You decide to withdraw from a purchase, Cluster13 will reimburse You. The reimbursement will be done through the same means of payment as the one used to buy the service. 

 

  1. Intellectual Property

    1. Scope of the license granted pursuant to the hereby Terms Of Use

Cluster13 is the owner or licensee of the intellectual property rights of both the general structure of the Service and its content (program, texts, slogans, graphics, images, videos, photos, and other content), excluded any content that may be of the User. 

Cluster13 grants You a non-exclusive license on the App’s Intellectual Property Rights in the sole purpose of the use of the App as described in the hereby Terms Of Service. Beyond the sole purpose of this use for playing, any representation, reproduction, modification, distortion or exploitation of all or part of the Service, by any process whatsoever, without the express prior written consent of Cluster 13, is strictly prohibited and constitutes an infringement of copyright. You are not allowed to use the Service for anything else but playing on the App.

You therefore acknowledge, accept, and guarantee that access to the Service made available by Cluster13 does not imply any assignment or grant of intellectual property rights (in particular, copyright) or any other personal rights (image rights, privacy) to You.

Access to the Service is exclusively limited to Your private and personal use under the conditions and within the limits defined in hereby Terms Of Use.

The trademarks, logos, corporate names, acronyms, commercial names, signs of Cluster13 are distinctive signs that cannot be used without the express prior authorization of Cluster13. Any partial or total representation or reproduction, or exploitation of these distinctive signs is prohibited and constitutes trademark infringement, usurpation of a corporate name or trade name incurring the tort liability of the perpetrator.

Hereby license does not include any right to sub-license.

  1. Duration

The license granted pursuant to hereby Terms Of Use starts at the date of acceptance of hereby Terms Of Use or of Your first use of the App in the European Union.

Hereby license terminates at the end of the contract between You and Cluster13.

You therefore guarantee that You will cease all use of the App or the Service at the end of the contract between You and Cluster13, and that You will delete or uninstall the App from your equipment for the purpose thereof. 

 

  1. Closing of the User Account

Cluster13 can close the User Account: in the event of non-compliance by the User with these Terms Of Use and/or if the User has not logged in for more than 18 months and/or if the User does not wish to validate the new applicable Terms Of Use. In case of closure of User Account, In-App Purchases will be lost and will not be refundable.

 

 

  1. Confidentiality

Cluster13 is committed to respecting Your privacy and protecting Your personal data. All data is collected and processed pursuant to the provisions of the General Data Protection Regulation (GDPR, Regulation EU 2016/679 of the European Parliament and of the Council of 27 April 2016). Please consult Cluster13 Privacy Policy for further information about how data is collected and processed by Cluster13.

 

  1. Miscellaneous

    1. The Service is meant to be available for consumers in this territory: European Union.

    2. These Terms Of Use have been drafted in several languages, for the comfort of the consumer. However, only the French version shall prevail in the event of difficulty if interpretation.

    3. You guarantee and represent that You will execute and interpret hereby Terms Of Use in good faith, at all times.

    4. If any provision of these terms is deemed to be illegal or unenforceable, the remainder of the Terms shall be unaffected and shall continue to be fully valid, binding, and enforceable.

    5. Hereby Terms Of Use are governed by French law (the laws of the Republic of France). They shall be executed and interpreted in accordance with French law.

    6. Claims

      1. Cluster13 customer service remains at Your disposal

For all claims concerning the Service or the App, for maximum responsiveness, please submit Your questions by completing our contact form available in the game. You can also contact the Customer Support team at support@facebelote.com.

  1. European online dispute resolution system

Pursuant to the terms of the Regulation (EU) 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC, You may also, if the conditions command it, use the facility (the European Online Dispute Resolution Platform) provided by the European Commission for the online resolution of disputes of consumer disputes related to online purchases. 

You can access this platform at the following address: http://ec.europa.eu/odr  

The proposed mediation process does not constitute a prerequisite for a referral to the competent courts by You.

  1. Competent courts

You remain free to bring Your claim before the competent courts.

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