TERM OF USE TOP PILOTS

The purpose of these terms of use (hereinafter the “ToU”) is to define the relationship between SAFETYN, a SAS with a capital of € 618 537, registered with the Bourg-en-Bresse Trade and Companies Register under number 2016B01523 Siren 823 945 662, whose head office is located at Technopole Innogex CERN – 50 rue Gustave Eiffel – 01630 SAINT-GENIS-POUILLY (hereinafter the “Company”), publisher of the website www.top-pilots.com (hereinafter the “Website”) and users (hereinafter the “User(s)”) using the services available on the Website and/or the games developed by the Company (hereinafter the “Games”).

These ToU are applicable to the Website as well. They can be found at :

https://www.top-pilots.com/confidentialite/

 

Article 1 : Acceptance/Modification of the ToU

Acceptance of the ToU

If the User wishes to participate in the World e-Championship, organised by SAFETYN, he/she must accept the rules corresponding to this competition.

 

In order to register and play on the Website, the User must have expressly accepted the rules, which is equivalent to acceptance of these ToU at the time of registration. These ToU constitute a legally binding contract between the Company and the User. The User therefore confirms that he/she has read all of the rules and these ToU before using the Services.

 

These ToU, together with the privacy and personal data protection policy, constitute the entire contract between the User and the Company.

Minors are required to obtain the consent of their parents or legal guardians. By using the Company’s Services, the User undertakes to comply with these ToU.

Modification of the ToU

The Company may amend these ToU at any time. The User must accept the new ToU at the time of login to his/her account. The User will only be bound by the new ToU once he/she accesses his/her User account.

 

Article 2 : Description of the Services accessible on the Website

The Company offers two types of Games on its Website:

– Precision Flying Championship – Precision Category: games that evaluate the quality of flying according to three main criteria: pilot observation, quality of landing and efficiency of mission completion.

– Precision Flying Championship – Combat Category: games that evaluate the quality of combat precision flying

The Website also provides access to the following Services:

– TOP-PILOTS PLAYER : Software allowing Users to play games organised by
TOP-PILOTS

– TOP-PILOTS DEBRIEF : Debriefing platform that allows to analyse the track and to relive the flight to debrief the performance of the User and improve his score. (Link to follow).

– SAFETYN’ Coach : the User can access a complete system of support for pilots in improving their skills by following a link.

 

Article 3 : Registration process / account creation

How to register/create an account

The User declares that he/she is a real person of full age in his/her country of residence, or has obtained the authorization of his/her legal representative if he/she is a minor, to access the Services and the Games. The persons exercising parental authority are responsible for the minor User’s compliance with the ToU.

To create a User account, the following information is required:

  • Name & first name / Nickname
  • Email
  • Password

Once the form is completed, the User validates the information given and its accuracy by clicking on the validation button.

The User must provide additional Information to appear in the rankings and to participate in the e-Championship (Precision and combat)

  • Surname, First name, Postal code, City, email, Date of birth

The information provided must be accurate, complete, verifiable and updated by the User.

In the context of official competitions, the user undertakes to :

– provide accurate, current and complete information as prompted by the registration form for the relevant game (“Profile”)

– Maintain and promptly update the data to ensure that it remains accurate, precise, current and complete.

If the User provides, or if TOP-PILOTS can reasonably assume that the User has provided incorrect, inaccurate, not current or incomplete information, or if TOP-PILOTS reasonably believes that the User has breached its obligations under these terms and conditions, TOP-PILOTS is entitled to suspend or terminate the User’s account and prohibit the current and/or future use of the games.

 

Nickname :

The nickname is visible to other Users. The User undertakes to choose a nickname that is available and legal. The choice of the pseudonym must not infringe any intellectual property right (use of a protected trademark, use of the name of a protected work, …), trade name or personality right of third parties.

The nickname should not refer to a political orientation, ethnicity, community or religion. It must not be vulgar, insulting, discriminating, racist, or violate the rights of any third party. It must not have a sexual or pornographic connotation.

In the event of non-compliance with the above provisions, the Company reserves the right to delete a User account or a pseudonym.

Article 4 : Responsibility/Security

The User is solely responsible for his/her User account and identifiers.

The User’s login and password are personal and confidential.

To guarantee the security of his/her User account, the User undertakes in particular to :

  • Not to disclose to third parties his/her login ID or password
  • Take all necessary precautions to prevent third parties from gaining access to it
  • Use a personal mailbox and do not share it
  • Do not play on a third party’s User account.

The lending, sharing, exchange, donation, purchase, transfer and sale of User accounts is prohibited. Any loan, sharing, exchange, gift, purchase, transfer or sale of a User account shall not be enforceable against the Company and may give rise to the penalties provided for in Article 9 of these ToU.

In the event of fraudulent use of his/her User account and/or password, or in the event of loss or theft of his/her identifiers and/or password, the User undertakes to immediately inform the Company.

Any action will be considered as carried out by the User until receipt of an email informing the Company that its confidential data has been usurped.

Article 5 : Obligations of the User

Rules of conduct governing the use of the Website and Services

The User undertakes to comply with the following rules when using the Services:

  • The User undertakes not to insult, threaten, harass or embarrass other Users and/or employees of the Company.
  • The User undertakes not to discredit, denigrate or defame the Company, its representatives, and/or any of its employees and/or collaborators.
  • The User undertakes to respect the privacy of all other users and not to infringe the rights of third parties. In particular, he undertakes not to seek to collect information on other Users and not to make available information he has collected on other Users.
  • The User undertakes not to damage the interests of the Company and the Games, in particular by not using faults, bugs or any other form of error to obtain advantages over the Games (in particular, but not exclusively, speed gain, ranking gain, circumvention of limitations, synchronisation of trajectories, duplication of heading orders between several accounts).
  • The User agrees not to use VPNs or proxy serversto connect to the Games.
  • The User undertakes not to access or attempt to access another User’s account.
  • The User undertakes not to hinder or disrupt the proper functioning of the Services.
  • The User undertakes not to collect or store data in order to create a database concerning all or part of the Services or the Users of the Services.
  • The User undertakes not to use the Services for promotional and commercial purposes and in particular, without limitation, to collect elements of the Website for commercial purposes.
  • The User acknowledges that the Website, the Application and all content of the Services are the exclusive property of the Company in accordance with Article 6 of these ToU. Consequently, the User undertakes not to use all or part of the Services, nor to extract data from the Website and/or the Application to offer other services such as level optimization services or special ranking services.
  • The User acknowledges that the Company’s provision of the Services is for strictly personal use only. Any use of the Services other than strictly personal is prohibited without the prior written consent of the Company.
  • Users are strictly prohibited from offering other Users to sell options/credits on the Website.
  • The User undertakes not to create, use or promote any program or tool that may damage the Games or other Users or alter the Gamesexperience, such as bots, viruses, Trojan horses, hacking tools, cheating devices, automation software, modification software or other unauthorized software, without this list being exhaustive, intended to modify the Games.
  • The User undertakes not to spy on and intercept the communication protocols used by the Company, nor to use an interceptor for the data or the protocol.
  • The User undertakes to immediately notify the Company when he/she notices a flaw or an error in the Games via the link located at the bottom of the home page Contact the TOP-PILOTS team https://www.top-pilots.com/partenaire/  or by private message contact@top-pilots.com

Commitments of the user participating in an official competition.

In the context of official competitions (e-precision or e-comabat)

The User participating in an official competition undertakes to :

  • Participate in a photo session or video report planned by the Organiser or TOP-PILOTS, and authorize the latter to use and exploit these images under the conditions specified in the competition regulations.
  • Respond to interviews with local, national or foreign newspapers at their request.
  • Participate in events that may be organized by the Organizer following the Operation.

A Participant’s proven intent to commit fraud or attempted cheating, in particular by creating false identities or using different accounts to participate several times in a competition, may be sanctioned by a formal and definitive prohibition to participate in the Game. Participants who attempt to participate by means such as automated participation systems, programs developed for automated participation, use of information, email, identifiers other than those corresponding to their identity and address and more generally by any means not in accordance with the respect of equal opportunities between the Participants in the Game would be automatically eliminated.

The Participants in an official competition, whether or not they have been selected by lot, authorize TOP-PILOTS and the Organiser to fix and reproduce their images on all media, for commercial and/or advertising purposes, as well as to include such reproductions in any future work, in whole or in part and on all media known and unknown to date without being entitled to any remuneration. They waive any recourse against TOP-PILOTS or the Organiser due to the use of their images and cannot claim any compensation in this respect. They also guarantee the Organiser that their image is available and that they can freely and peacefully use it under the conditions set out in these ToU, without infringing the rights of third parties. This authorization is given for the whole world and for the entire legal term of protection granted by the law applicable to intellectual works.

Failure to comply with the rules set out in this Article 5 will result in the application of sanctions, as specified in Article 9 of these ToU.

 

Article 6 : Respect for intellectual property.

The Company holds the intellectual property rights attached to :

  • The Website and their general structure and all their content and functionalities, the Games and Services and their content, including editorial content, images, sounds, videos, multimedia, texts, photographs, drawings, icons, databases, software or graphics, including the geographical positioning of Users and User rankings
  • The Top Pilots brand, Top-pilots.com and any other distinctive sign, registered by the Company as a trademark or protected under any intellectual property legislation.

Some of the intellectual property rights relating to the Services and the Games may also be owned by third parties who have granted the Company a right of use.

The User undertakes to respect these rights. These ToU do not imply any transfer of ownership by the Company to the User, and do not in any way imply, in particular, authorization to represent, modify, reproduce, translate, sell, transfer, publish, broadcast, exploit or use commercially the various elements of the Website, the Games and/or the Services.

The Company only grants the User a right of access and use of its Games and Services, which remain the property of the Company and/or the Company’s third party partners.

This right of use is personal, non-exclusive and non-transferable. It is strictly limited by the terms of these ToU.

In addition, the User may not modify, create derivative works, decompile, disassemble, reverse engineer or make any other unauthorized use of the content, elements and data relating to the Games and Services.

Any representation, reproduction, modification, commercial use, in whole or in part, without the prior written authorization of the Company and, in general, any fraudulent use of the various elements of the Website, Games and/or Services is prohibited and exposes its author(s) to prosecution.

 

Article 7 : Liability of the Company

Temporary lack of accessibility of the Website/Services/Games

The Company makes every effort to ensure the proper functioning of the Website, Services and Games.

Taking into account in particular the technical uncertainties related to the decentralized operation of the Internet network, it cannot guarantee the User uninterrupted availability of the Website, the Services and the Games, which the User understands and accepts.

The Company may also be obliged to temporarily suspend access to the Website, the Games and Services, in particular for technical maintenance reasons, which the User also understands and accepts.

The Company shall not be held liable for any prejudice resulting therefrom for the User, such as in particular the loss of any benefits in the Games, the loss of the chance to perform an action or the loss of places in the ranking.

In the event of a malfunction of the Website or a Game or the inability to access the Website, and/or a Game, the Company will make its best efforts to restore the service within a reasonable time.

Limitations related to the nature and operation of the Games

As in real life, flying in the Games is impacted by external factors beyond the User’s and the Company’s control, which the User understands and accepts.

Flying during the Games can therefore be affected by weather conditions.

The Company shall not be held liable for any prejudice resulting from the said weather forecasts for the User, or from any malfunction related to the weather forecasts, insofar as this cannot be analysed as a breach by the Company of its contractual obligations. Indeed, weather forecasts are probabilities and can change rapidly due to external data. They cannot therefore be scientifically considered as non-random data. Therefore, the User understands and accepts that the Company cannot be held liable for events such as the loss of any benefits in the Games or the loss of opportunity to perform an action, related to weather conditions.

The trajectories that may be proposed to the User within the framework of certains options of the Games that may be accessible cannot in any way replace the User’s judgment, which, depending on the real context, must assess for itself the opportunity not to follow the suggested trajectories.

The Company has no control over the User’s behaviour in connection with the Games and cannot therefore be held liable as a result.

Article 8: Personal data

The use of Users’ personal data is described in the privacy policy for the www.top-pilots.com website.

The creation of a User account is subject to the processing of personal data for which the Company is responsible, which the User accepts.

In accordance with the applicable regulations, you have a right of access, rectification, portability, deletion of your personal data and a right to request a limitation of the processing carried out. These rights and their implementation are detailed in our privacy policy

 

Article 9 : Sanctions

In the event of non-compliance with these ToU, the Company may sanction the User. Depending on the seriousness of the violation of the ToU, the Company may apply one of the following sanctions :

  • A warning : the Company will inform the User that he has violated these ToU. In the event of multiple warnings to the same User, the Company reserves the right to block or delete the account.
  • A temporary ban : the User will no longer have access to the Games for a limited period of time. He may be informed in advance of this ban and its duration by email.
  • The deletion of the account : the User will no longer be able to access the Services permanently. He may be informed in advance of the deletion of his/her account by email.

The Company reserves the right to apply any of these sanctions to a User, in proportion to the violation, without necessarily having previously applied a lesser sanction or one of a shorter duration.

 

Article 10 : Termination of the User Account

The User may terminate his/her User account at any time.

The User can delete his/her account from his/her profile in each of the games as soon as he is logged in.

The User may send an email to request termination to contact@top-pilots.com.

When a User account is inactive for a period of twelve consecutive months, the Company may automatically close the User account. The Company undertakes to inform the User of this in advance by e-mail within a reasonable time.

 

Article 11 : Users’ Questions and Support

User support

If you have any questions, please go to the home page ” Contact Top-Pilots or follow the link : https://www.top-pilots.com/partenaire/ or write to contact@top-pilots.com

No questions asked by any other means (email sent to another address, telephone call, fax…) will be processed by the Company.

Questions are answered in the order in which the emails are received. The Company undertakes to reply within a reasonable time.

Any question from the User accompanied by abusive comments towards the Company’s team will not give rise to any response and may result in the User’s account being banned or deleted.

 

Article 12 : Information value of translations

If the Company provides a translation of these ToU to the non-French-speaking User, such translation is provided for information purposes only and does not modify the French version of these ToU. In the event of any conflict between the translation of these ToU and the French version, the latter shall prevail in any event.

As for the Competition Rules: the Rules are in English: the reference language in e-gaming and e-sport.

Article 13 : Validity of the general terms and conditions

If one or more provisions of these ToU are held to be invalid or declared invalid pursuant to a law, regulation or following a final decision of a competent court, the other provisions shall retain their full force and scope.

The Company will replace the clause declared null and void by a new stipulation that is as close as possible, in terms of content and balance of the clause, to the one initially adopted.

 

Article 14 : Miscellaneous

Failure to require or force the User to perform certain provisions of these ToU or to assert a right provided for in these ToU shall not be construed as a waiver by the Company of its right to require or have the performance of these provisions enforced.

 

The User agrees that the Company may assign these ToU, in whole or in part, at any time. The transfer will take effect on the date of notification of this transfer to the User, by any means. Nevertheless, the User may not assign, transfer, or concede any of the rights or obligations of these ToU without the prior written consent of the Company.

Article 15 : Applicable law

These ToU are subject to French law.

The parties agree to do their utmost to resolve amicably any dispute that may arise from the interpretation, performance and/or termination of these ToU