General terms and conditions
BLACKNUT is a simplified joint-stock company formed and existing under the laws of France, having its registered office at 1137 A, avenue des Champs Blancs – 35510 Cesson-Sevigné in France, with a registration number 817 885 049 R.C.S. Rennes (hereinafter "Blacknut").
Blacknut offers a subscription service to access and play a video game catalogue (the "Games") online (the "Service") using compatible connected devices.
ARTICLE 1. OBJECT
The purpose of these terms and conditions is to define the conditions under which the User may access the Service (hereinafter the "Terms and Conditions"). Any access to the Service implies the acceptance of all the terms of the Terms and Conditions.
ARTICLE 2. CREATION OF YOUR ACCOUNT
The subscription to the Service requires the prior creation of a user account through the information you provide us (the "User Account"). You are responsible for the confidentiality of your username and password, as well as the security of your computer equipment and systems.
To create an account and subscribe to the Service, you must be 18 years old. It is your responsibility to determine what level of access to the Service is appropriate for people in your care and to take the necessary precautions to restrict access to the Service.
Once you have subscribed and abide by the terms of the Terms and Conditions, you and the members of your household can access the Service. You are responsible for the use of the Service by minors who may have access to your User Account.
ARTICLE 3. YOUR FREE TRIAL AND YOUR SUBSCRIPTION PACK
Blacknut grants you the opportunity to try the Service for free for a period of fourteen (14) days from the date of subscription (the "Free Trial Period") to a subscription pack automatically renewable each month and terminable at any time (hereinafter the “Subscription Pack”).
The price and terms of the Subscription Pack are available on the Service homepage. Your Subscription Pack allows you to connect to the Service with your compatible connected devices within the limit of one connected device at a time. Technical prerequisites for accessing the Service are detailed in Article 5 of these Terms and Conditions. The Games catalogue is subject to change throughout the term of your Subscription Pack, Blacknut reserves the right to add, substitute or remove Games from its catalogue at any time.
If major changes in the Service are likely to affect your Subscription Pack, they are notified to you at least thirty (30) days before being effective, by email.
The Free Trial Period is limited to fourteen days per User. You are not permitted to subscribe to multiple Free Trial Periods via multiple User Accounts. Blacknut reserves the right at its discretion, to refuse, reduce, suspend and / or revoke your free trial to prevent the occurrence of any abuse identified by its services with the personal data that you have provided while creating your User Account and / or subscribing to your Subscription Pack.
ARTICLE 4. YOUR PAYMENT METHOD AND INVOICE
The subscription to a Subscription Pack requires that you provide valid and up-to-date credit card details. You agree to notify us via your User Account any change in your credit card number, expiration date and / or billing address or in case your credit card expires or is cancelled.
Upon expiration of the Free Trial Period, Blacknut will debit the Subscription Pack fees for the coming month using the credit card data that you have provided.
You may choose to use third party billing system (e.g. Amazon, Google Play, ...) and will be billed in the same way as for credit card.
Subscription Pack fees, as well as any other charges related to your use of the Service, such as taxes and any transaction fees, will be billed and collected each month, upon the first day of your monthly Subscription Pack. Any month started, excluding the Free Trial Period, will be charged unless payment fails. Internet connection fees are your responsibility.
Upon successful payment, you agree that Blacknut may issue an electronic invoice of the corresponding amount. You can find your invoices in your User Account.
In the event of payment failure for any reason, the Subscription Pack will immediately be suspended. The User may at any time reactivate his Subscription Pack by providing a new valid and up-to-date credit card details. The provision of these credit card details should allow immediate payment of any pending fees. The payment reactivates the Subscription Pack for a new period of one month renewable from month to month unless terminated. The day of the month of this payment becomes the new debit date.
ARTICLE 5. TECHNICAL AND GEOGRAPHICAL PREREQUISITES
You acknowledge and accept that the very nature of a videogame on demand service such as the Service requires a suitable technical environment.
In order to access the Service, you must have a broadband connection to the Internet, a connected device compatible with the Service such as PC, Mac, mobile or tablet. In the context of Service’s beta testing, the access to the Service may be limited to one type of connected device.
In addition, and to access the Service with compatible connected devices, you must download an application (the “Application”) and subscribe to a Subscription Pack. You agree that updated versions of the Applications will be sent to you automatically.
When you connect to the Service, we may use discovery tools to examine your technical environment and determine if your configuration meets our minimum technical requirements.
You acknowledge that the quality of the display of the Service and of the Games depends on your technical environment, including your connected device, your location, the quality of the available bandwidth and/or the Internet connection. A download speed of at least 6 Mb/s is recommended to access the Service under optimal conditions.
Consequently, Blacknut cannot be held responsible for the difficulties of broadcasting or, more generally, any disruption of the Internet network affecting the use of the Service. The Service is provided “as is”, Blacknut makes no warranty as to the conditions of the broadcast, the quality of the broadcast, transmission and accessibility of the Service and the Games(s).
You will assist us in identifying the source of any problem with the Service that, in our reasonable opinion, may be attributable to items under your control.
Exceptionally, Blacknut may suspend the access to all or part of the Service if we consider that (a) your use of/registration for the Service; (i) may result in a security problem; (ii) could have a detrimental effect on the Service or systems or one or more Game(s); (iii) may expose us, our affiliates or any third party to liability; or (iv) may be fraudulent; or (b) you fail to comply with any of your obligations under the present Terms and Conditions.
The Service is made accessible to you through the territory of the United Kingdom only.
ARTICLE 6. INTELLECTUAL PROPERTY
Blacknut grants you, during the term of your Subscription Pack and within the territory of the United Kingdom only, a personal, non-exclusive and non-transferable right limited to the access the Service, to consult and play the catalogue of Games available under the conditions set forth in these Terms and Conditions.
Any other use and, in particular, any public representation and/or reproduction and any exploitation outside household, or for professional, commercial or promotional purposes of all or part of the Service, the Application and the Game(s) are prohibited, without the expression prior written consent of Blacknut. You agree to refrain from modifying, decompiling, translating, adapting, distributing, diverting or copying all or part of the Service, any of the Games and/or the Application, and their constitutive elements, in any way.
You agree and acknowledge that the Games and their constitutive elements as well as the rights to the trademarks and any associated goodwill is the property of their respective owner(s).
When you post content or other material on Service and/or Blacknut’s social networks, you grant Blacknut a free, transferable and sub licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works, distribute, display your content worldwide and or any type of media, for the duration of the applicable intellectual property. You represent and warrant that you own or have full rights to the contents so as to grant the above license to Blacknut.
ARTICLE 8. YOUR TERMINATION RIGHTS
In any case, you can terminate your Subscription Pack at any time by logging into your User Account. In the event of termination, you will no longer have access to the Service upon the expiry date of your current Subscription Month. You may re-subscribe at any time under the conditions defined herein.
The Service is the provision of digital content that is made available for download and use promptly upon your subscription to the Subscription Pack.On subscription, you waive your right of withdrawal or to a "cooling off" period.
ARTICLE 9. ASSISTANCE
You can contact us to inform us of any difficulties encountered viacontact form.
ARTICLE 10. MISCELLANEOUS
If for whatever reason all or part of these Terms and Conditions are canceled or voided in the light of a legislative or regulatory provision in force and / or a court decision, the remainder of these Terms and Conditions shall remain effective.
Blacknut reserves the right to assign, transfer, or transfer to any third party, in any form, all or part of the rights and obligations herein or substitute a third party for the performance of any or all of the rights and obligations herein provided this assignment cannot lead to a reduction of your rights.
ARTICLE 11. APPLICABLE LAW
The Terms and Conditions are governed by English law. If you live in England and Wales, you can bring legal proceedings in the English courts. If you live in Scotland you can bring legal proceedings in Scotland or England. If you live in Northern Ireland you can bring legal proceedings in Northern Ireland or England.
If you are not happy with how we have handled any complaint, but do not wish to go to court, disputes may be submitted for online resolution to the European Commission Online Dispute Resolution ("ODR Service"). The ODR Service will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings.
Last updated on: March 26th, 2018