Applicable from: 26 November 2013.
These terms of service were originally written in English. To the extent any translated version of this document conflicts with the English version, the English version controls.
These terms of service aim to define the terms in which the user (later referred to as “You”) browses any website whose URL ends with akinator.com (later referred as “Website”) and makes use of the features available on the Website.
The browsing of the Website falls under these terms of service. When using this Website, You acknowledge that You have read and accepted these terms of service. The use of the Website is strictly limited to entertainment purposes.
2. Website access
You can visit this Website without signing in, telling us who you are or revealing any personal information.
Elokence, the company which publishes the Website (later referred to as “Elokence”), is not liable for any direct or indirect damages which may result from accessing its Website and those of its partners, or from the inability to access them.
3. User content
All content generated by You can be used by Elokence for purpose of anonymous statistics.
Elokence takes your privacy matters very seriously. Please read our PrivacyPolicy ("Policy") available at the bottom of this website. This Policy details how Elokence receives, collects and uses information in connection with the App.
By visiting the Website, You are accepting the policies and practices described in this Policy, as such Policy may be amended from time to time. Each time You visit the Website, you agree and expressly consent to our collection, use and disclosure of the information that you provide as described in this Policy.
3.2. Akinator’s database
As a user of the Website, You can take part in expanding Akinator’s database with Submissions (question, character, picture, description), for which You are accountable.
You agree not to add Submissions if they do not comply with these terms of service, if they are not submitted for entertainment purposes or if they are:
- an infringement of a third party’s intellectual property rights
- harmful to others (in particular slander, insults, swearing, violence, racism, etc.) and their privacy
- prejudicing public order and morality (in particular the glorification of crimes against humanity, incitement to racial hatred, incitement to murder, incitement to suicide, incitement to discrimination, child pornography, etc.)
- generally speaking, in breach of current legislation in force.
If such Submissions were nonetheless sent, they would be immediately deleted and their submitters could face legal charges. As previously stated, every character added, every picture uploaded and every description entered remains the responsibility of its submitter.
You agree that these Submissions may be used by Elokence as they wish, in particular and not limited to the Internet, mobile and Facebook versions, or in operations with trading partners, and also that these Submissions may be translated and modified by Elokence. You agree to relinquish copyright on all the Submissions You have sent, You acknowledge that Elokence does not have to keep the Submissions You have sent, even if these Submissions comply with these terms of service, and may delete or modify them at any time.
You acknowledge being aware that when the Website displays the expected answers to Akinator’s questions, these answers are not the opinion of Elokence but the answers most frequently given by users.
You agree not to massively extract data. Moreover, You are forbidden to perform a substantial extraction, qualitatively and quantitatively, of the databases or to use these databases in an abnormal way and by any means. As a result, Elokence reserves the right to take legal action against any person who might use the data from any such extractions, in particular for commercial purposes.
At the end of a game, the Website allows You to submit and upload pictures representing the characters. By using this feature, You agree not to upload pictures that You are not sure can be used freely and without limitations.
Characters added to the Akinator database can only be public figures. You agree not to add characters which do not fall into this category, in particular people You know personally, even if they agree to it. Any claims can be made through the contact form available on the Website (see section 8 of these terms of service).
The Submissions are checked after they have been sent. Elokence does not check or validate the content of the Submissions when they are sent.
Elokence reserves the right to remove without notice Submissions (question, character, picture, description) You have sent if they do not comply with these terms of service.
5. Collection of personal data
When You access the Website, Elokence may ask You to provide information about Yourself. This information will enable Elokence to identify You, offer personalized extra services, improve our Website and serve you better.
Some pieces of information are mandatory if You wish to subscribe to the newsletter by clicking on the link or the icon available on the Website.
Data concerning age are collected strictly to allow your underage children to access a limited version of the game. In that mode, characters with sexual connotations have been removed.
If You have subscribed to the newsletter via email, You can unsubscribe by following the instructions present in each of these emails as You receive them, or by using the contact form available on the Website (see section 8 of these terms of service).
Personal data collected through the website are strictly used by Elokence and will by no means be sent to third parties without your consent. Only Elokence staff can access data that allows identification via email address and may use it for Website administration purposes, to manage competitions, to communicate, etc. Elokence is accountable for keeping all information confidential.
6. Rights of access, modification and removal
In accordance with the amended French Data Protection Act of January 6th, 1978, concerning data processing and privacy, the digital processing of personal data has been the subject of a declaration to the French Data Protection Authority (CNIL).
You have a right of access, rectification and removal of personal data concerning You at any time, by writing to : ELOKENCE.COM – Service Marketing – 8, Rue Jules Vallès – 28300 Mainvilliers – France.
7. Publisher – Hosting
The Website is published by: Elokence.com – SARL a limited liability company with a share capital of 80,000€, whose head office is 8, rue Jules Vallès – 28 300 Mainvilliers – France, and registered with the Chartres Register of Companies under the number 501 030 316. The design and contents of the Website constitute a protected work under current intellectual property laws, of which Elokence is the rightholder. The Publications Director is Mr Arnaud MÉGRET, manager of Elokence.com.
This Website is hosted by the company OVH S.A.S. – 2 Rue Kellermann – 59100 Roubaix (FR) – website: www.ovh.com. The design of the Website was done for Elokence.com by CVMH Solutions, web Agency, Mainvilliers.
You can get in touch with Elokence via the contact form available on the Website at http://en.akinator.com/contact. Some pieces of information are mandatory and are presented as such.
All messages sent that way will be examined upon reception. Elokence will do its best to reply to messages as fast as possible. To contact Elokence directly, use the following email address: contact [@] akinator.com.
9. Banners, adverts and promotions
Adverts can target the content of information stored on the services, queries made through the services or other information. The manner, mode and extent of advertising by Elokence on the services are subject to change without specific notice. In return for accessing and using the services provided by Elokence, You agree that Elokence may place advertising banners.
Elokence uses the services of third parties for advertisement managing. Therefore, Elokence is not responsible for the content displayed, since these partners have their own obligations. Elokence will do their best to avoid any banners which would be offensive because of their design or because of the website they represent. It You have any remarks, contact Elokence (see section 8 of these terms of service).
10. Links to external websites
The Website can provide access to the external websites of its partners (later referred to as “Partner Sites”), in the form of hypertext links or the integration of partner content. Although the selection of links to Partner Sites has been done with the utmost care, Elokence cannot be held responsible for providing access to these Partner Sites. Elokence cannot accept any liability for the contents, adverts, products, services or any other material from these Partner Sites or available on or from these Partner Sites.
Elokence cannot be held responsible for the actions or potential omissions of their partners.
11. Intellectual property
This Website contains files and other material about Elokence, its products and services, as well as other similar material from our partners, licensors and licensees and other third parties (later referred to as “Content”).
The Content can be information, texts, data, pictures, graphics, button icons, trademarks, registered or not, illustrations.
The Website and all its different elements (logos, illustrations, applets, texts, trademarks…) are protected under intellectual property rights, in accordance with current French and international legislation.
The Website and all its different elements (Website presentation, trademarks, logos, service marks…) are the exclusive property of Elokence.
You cannot reproduce, distribute, publish, share, modify, adapt, translate, display, sell, license, represent publicly, create works based on the Content, or in any other way use or exploit the Content without the prior consent of Elokence.
The unauthorized use of the Content may consitute an infringement of legislation concerning copyrights and trademarks, privacy rights, publicity rights, communication rights, etc. Any such use may engage your personal responsibilty and may lead to legal prosecution.
You can contribute to the expansion of the database but this does not make You its owner.
Elokence informs You that they may use temporary “cookies” valid for the duration of one browsing session of the Website.
These “cookies” are data stored in the main memory of your computer. They do not allow Elokence to identify You; however they record information on how your computer navigates on our Website (the pages You have visited, time and date of visit, etc.), which Elokence can access during your following visits.
When You close your Internet browser, these data are not saved.
Elokence informs You that You can decide not to have “cookies” stored by changing your browser settings according to the procedure detailed on the French Data Protection Authority (CNIL) website (www.cnil.fr).
13. Technical disclaimer
Elokence will do their best to ensure that You can access the Website at any time and, should the Website be unavailable, will do all that is possible to remedy the problem promptly.
However, Elokence is not liable for any difficulties experienced when trying to access the Website or for the connection to the Website being interrupted, whatever the cause may be.
In particular, Elokence reserves the right to modify the website as they see fit, without prior warning, even if the access to the Website is interrupted because of that.
Moreover, Elokence is not liable for any damages, direct or indirect, such as the impossibility to access the Website, loss of data, damage to or destruction of data, viruses that might damage your computer hardware and/or the presence of viruses on the Website. You acknowledge having checked that the computer system contains no viruses and is in perfect working order.
14. Applicable law
This Website is governed by French law.
Elokence reserves the right to update and modify these terms of service at any time without notice. You are therefore invited to consult these terms of service on a regular basis.