Blacknut Terms and Conditions
BLACKNUT is a French “société par actions simplifiée” with a capital of € 52.152,40, having its registered office at 1137 A Avenue des Champs Blancs, Cesson-Sévigné (35510), registered in the Trade and Companies Register of Rennes under number 817 885 049 (hereinafter referred to as “Blacknut”).
ARTICLE 1. DEFINITIONS
In these Terms and Conditions, Parties agree on the following use and definition regarding the terms reproduced in this article.
Whenever used in these Terms and Conditions, including the Article headings, the following terms, used with initial capital letters, shall have the meanings set forth in this Article, without distinction as to whether they are used in the singular or plural:
- “Subscription” means Blacknut Service’s subscription against a fee and under the terms and conditions set forth therein.
- “Application” means the application software developed by Blacknut so as to access the Service.
- “User Account” means a User’s personal account to which personal information related to his or her use of the Blacknut Service is attached.
- “Terms ans Conditions” means the following terms and conditions.
- “Game” means a video game that a User can access through his or her Subscription.
- “Player” means the natural person with a player profile attached to or created from a User Account, within the limits set forth therein.
- “Blacknut Service” or “Service” means the online Game Subscription service offered by Blacknut as defined in Article 3.
- “Website” means Blacknut’s website, accessible at https://www.blacknut.com/en
- “User” means the natural person who has subscribed to the Service.
ARTICLE 2. PURPOSE
The purpose of these Terms and Conditions is to define the terms and conditions applicable to Blacknut Service’s User access.
These Terms and Conditions apply to the exclusion of all other terms and conditions, unless otherwise expressly agreed in writing by Blacknut. They are accessible at any time on the Website and are systematically communicated to the User upon request.
Any access to the Blacknut Service implies acceptance of these Terms and Conditions.
ARTICLE 3. BLACKNUT SERVICE
The Blacknut Service consists in the provision of a catalog of online Games to which the Players have access on demand, through compatible connected devices and in compliance with the Subscription’s length and conditions selected by the User.
The main features of the Service and Subscriptions are presented on the Website. As part of the Service, the User has access to the following features:
- Creation of a User Account;
- Creation of several Player profiles from the User Account, the maximum number of which is set in the selected Subscription;
- Access to all the Games available on the Website and the Application;
- Connection to multiple compatible devices, the number of which is set in the selected Subscription;
- Parental Controls.
It is the User’s responsibility to take this into account before selecting a Subscription.
ARTICLE 4. CREATION OF YOUR USER ACCOUNT
Selecting a Subscription requires the prior creation of a User Account using the information that you communicate to us via the Application or the Website. You are responsible for the confidentiality of your identifiers and password, as well as the security of your computer equipment and system.
To create an account and subscribe to the Blacknut Service, you must be 18 years old or at least 16 years old and emancipated. It is the responsibility of the holders of parental authority to determine which service is, or is not, appropriate for their minor child(ren) and to take the necessary precautions to restrict access to certain services and content. Use of the Blacknut Service by a minor remains the responsibility of the parents (or guardian).
Once you are a Subscriber and abide by these Terms and Conditions, you and members of your household may access the Blacknut Service by creating Player profiles, limited to the maximum number included in the selected Subscription. To this end, parental features are available when creating a new player profile and allow you to configure the use of the Service to be adapted to their age and filter the content. The User is responsible for the use of the Blacknut Service by all Player and in particular by minors who may have access to their User Account.
ARTICLE 5. YOUR SUBSCRIPTION
The price, duration and conditions of the Subscription are presented on the Blacknut Service home page. Your Subscription allows you to connect to the Blacknut Service with your compatible connected devices within the limits set by the Subscription you have purchased. The technical requirements for accessing the Blacknut Service are set forth in Article 7.
ARTICLE 6. YOUR METHOD OF PAYMENT AND YOUR INVOICE
6.1. Payment. Selecting a Subscription requires the use of a valid and up-to-date payment method from among the available payment methods. You agree to update any expired payment method by logging into your User Account.
The amount of the Subscription is charged for the coming month, via the selected payment method.
Subscription fees, as well as any other fees related to your use of the Blacknut Service, such as taxes and transaction fees, will be charged and debited each month on the first day of the Subscription month. Any Subscription month that begins, excluding the free trial period, if any, will be charged. You are responsible for any cost related to Internet connection.
If payment fails for any reason whatsoever, the Subscription will be immediately suspended. The User may reactivate his Subscription at any time by entering a new means of payment. When he or she enters this new payment method, a payment is immediately made. This payment reactivates the Subscription for a new period of one month, renewable from month to month unless cancelled. The day of the month of this payment becomes the new debit date.
6.2. Payment by gift code. Subscription may be selected by using a gift code purchased by the User or a third party via the Website.
Gift codes are valid for the duration indicated on you gift code order confirmation, from the date of issue of the gift code, and are loaded with a subscription duration according to the options chosen by the User or a third party when ordering the gift code on the Website.
The User has the option, at any time during his Subscription, to enter another method of payment in his User Account, under the conditions of Article 6.1. above, in order to extend the duration of his Subscription.
Unused gift codes whose validity date has expired will not be returned or claimed, they will not be taken back or exchanged.
6.3. No right of withdrawal.
In the context of a Subscription, by clicking on “I subscribe” and/or “confirm” and by entering the means of payment, the User expressly agrees to the immediate start of the Blacknut Service, and agrees to expressly waive his right to exercise the right of withdrawal within 14 days, in accordance with Article L221-28, 13 of the French Consumer Code, without this affecting his right to cancel the Blacknut Subscription at any time, in accordance with the terms of Article 10.
However, it is specified that if the Subscription is taken out via a partner distribution platform, the Subscriber is invited to refer to the terms and conditions of the distribution platform applicable to him/her for the conditions of withdrawal.
ARTICLE 7. TECHNICAL AND GEOGRAPHICAL PREREQUISITES
The User agrees that the very nature of an online video game service such as the Blacknut Service requires the use of an adapted technical environment.
As such, in order to access the Blacknut Service, you must comply with the technical prerequisites available by clicking on the following link: https://www.blacknut.com/en/download. In addition, and in order to access the Blacknut Service with compatible connected devices, you must download the Application and select a Subscription. The Application is updated on a regular basis. You agree to download updates on a regular basis for the proper functioning of the Service.
When connecting to the Blacknut Service, we may use recognition tools to examine your technical environment and determine whether your configuration meets our minimum technical requirements.
You acknowledge that the display quality of the Service and the Games depends on your technical environment and compliance with the technical prerequisites available by clicking on the following link: https://www.blacknut.com/en/support/blacknut-cloud-gaming.
Thus, Blacknut cannot be held responsible for broadcasting difficulties or, more generally, for any disturbance of the Internet network affecting the use of the Service. The Service is provided “as is” and Blacknut makes no warranty as to the broadcasting conditions, quality of broadcasting, transmission and accessibility of the Service and the Games.
You will assist us in identifying the source of any problems with the Service that, in our reasonable opinion, may be attributable to matters under your control.
Exceptionally, Blacknut may suspend access to all or part of the Service if we determine that (a) your use of the Service (i) relates in a security concern, (ii) could adversely affect the Service or systems or one or more Games, (iii) could expose us, our affiliates or any third party to liability, or (iv) could be fraudulent; or (b) you are in breach of any of your obligations under these Terms and Conditions.
In application of the principle of cross-border portability of online content services, Blacknut allows the User temporarily present in a Member State of the European Union to access and use the Service in the same manner as in his or her Member State of residence from which he or she has taken out a Subscription. Verification of a User's place of residence can be made using the payment information entered into the User Account or via any request for proof of residence made by Blacknut. If such verification cannot be carried out or if a User is no longer a resident of a Member State of the European Union, Blacknut reserves the right to suspend the portability of the Service.
The User acknowledges that the quality of the Service may be impacted by the methods of connection to the Service chosen by the User and that the catalogue of available Games may vary under the conditions indicated in Article 8. Intellectual Property.
ARTICLE 8. INTELLECTUAL PROPERTY
Blacknut grants you, during the term of your Subscription and in the countries in which the Blacknut Service is available, a personal, non-exclusive and non-transferable license limited to access to the Service to access and play the catalogue of Games available under the terms set forth herein.
Any other use and in particular any public representation and/or reproduction and any exploitation outside the family circle, for professional, commercial or promotional purposes of all or part of the Blacknut Service, the Application and the Game(s), is prohibited without the express, written and prior authorization of Blacknut.
In particular, the User is prohibited from modifying, decompiling, translating, adapting, distributing, broadcasting, diverting or copying all or part of the Service, any of the Games and/or the Application, and their constituent elements, in any manner whatsoever.
The User acknowledges that the Games and all of their constituent elements, as well as the rights relating to the trademarks of their publishers, are protected by intellectual property law under applicable regulations, the violation of which is likely to engage the civil liability of its author. You further acknowledge that due to the existence of intellectual property rights on the Games, certain Games available on the Blacknut Service in your country of Subscription may not be available abroad depending on the authorizations granted to Blacknut by its assignees. Blacknut does not guarantee the availability of specific Subscription Games or the minimum number of Games available per Subscription.
When you publish content or other materials on the Service and/or Blacknut's social networks, you grant Blacknut a royalty-free, transferable and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display your content worldwide and in any media, for the term of the copyright. You represent and warrant that you own or have all the necessary rights in the content so published to grant this license.
ARTICLE 10. YOUR RIGHT TO CANCEL
Your Subscription can be terminated at any time by logging into your User Account. Upon termination, you will no longer have access to the Blacknut Service on the expiration date of your current Subscription month. You may re-subscribe at any time under the terms and conditions set forth herein.
ARTICLE 11. ASSISTANCE
You can contact us to let us know about any difficulty you may have via the contact form.
ARTICLE 12. MISCELLANEOUS
If for any reason, all or part of any of the above provisions is rescinded, the remaining provisions shall nevertheless remain in full force and effect. If any of the provisions of these Terms and Conditions should be invalid with regard to a legislative or regulatory provision in force and/or a court decision having the force of res judicata, it shall be deemed to be non-existent but shall not affect the validity of the other provisions, which shall remain fully applicable.
Blacknut reserves the right to assign, transfer or convey to a third party, in any form whatsoever, all or part of the rights and obligations hereunder or to substitute a third party for the performance of all or part of the rights and obligations hereunder without such assignment or conveyance resulting in any diminution of your rights.
ARTICLE 13. APPLICABLE LAW
Unless different public policy provisions apply to the User:
- The Terms and Conditions are governed by French law.
- In the event of any difficulty as to the existence, performance or interpretation of these Terms and Conditions or of any amendment thereto, the Parties agree to submit their dispute to the Paris Mediation and Arbitration Centre (CMAP) at the Chamber of Commerce and Industry, in accordance with the CMAP mediation rules to which the Parties declare they agree. IN THE ABSENCE OF AN AMICABLE AGREEMENT WITHIN ONE (1) MONTH, THE LEGAL RULES OF JURISDICTION APPLY TO DISPUTES WITH NON-PROFESSIONAL USERS.
Date of last update: November 26, 2020