Terms of use
General Terms of Use and Sale
The present General Terms of Use are up-to-date as of July 25, 2024.
1. DEFINITIONS
1.1. The present General Terms of Sale (hereinafter "GTS") are proposed by the company Erisia (hereinafter "the Company"), SAS with a capital of 2,000 euros, registered with the Trade and Companies Register of Grasse under number 832 737 849, whose head office is located at 2405 ROUTE DES DOLINES, 06560, VALBONNE. Its email address is [email protected] and its individual intra-community VAT identification number is FR34832737894.
1.2. The company is the owner and publisher of the website curry.gg (hereinafter "the Site"). The Site is hosted by Hetzner Online GmbH, located at Industriestr. 25, 91710 Gunzenhausen, Germany.
1.3. The publication director is ALBERT Gaëtan.
1.4. The Site offers the Client (hereinafter "the Client") the opportunity to share their experience and skills related to several video games, to search for and contact players or esports teams, as well as to subscribe to a premium membership including services to improve their experience and visibility on the platform (the "Services").
1.5. Before using the Site, the Client must ensure that they have the technical and IT means to use the Site and order Services on the Site, and that their browser allows secure access to the Site. The Client must also ensure that the configuration of their equipment is in good condition and does not contain any viruses.
2. APPLICATION AND OPPOSABILITY OF THE GTS
2.1. The purpose of these GTS is to define all the conditions under which the Company sells the Services as offered for sale on the Site to Clients. They therefore apply to any order ("Order") of Services placed on the Site by the Client.
2.2. The Client declares having read and accepted these GTS before placing their Order.
2.3. The validation of the Order constitutes acceptance of these GTS. They are regularly updated, and the applicable GTS are those in force on the Site at the date of the Order.
2.4. Any contrary condition posed by the Client, unless expressly accepted, will be unenforceable against the Company, regardless of when it may have been brought to its attention.
2.5. The fact that the Company does not avail itself at a given time of any provision of these GTS, cannot be interpreted as a waiver to avail itself later of any provision of said GTS.
2.6. In any case, any visitor or user of the Site must comply with the terms of use stipulated in these GTS.
3. ACCOUNT CREATION
3.1. Any visitor to the Site can access the entire Site. A visitor wishing to interact with the Site, and if applicable, benefit from the Services, must create a user account.
3.2. To create a user account, the visitor is invited to provide a certain amount of personal information, including their email address.
3.3. When creating the user account, the visitor is invited to create a first CV (Curriculum Vitae) with their profile in video games and to choose an avatar.
3.4. Creating a user account is free, except for subscribing to a premium membership ("Curry Premium").
3.5. The user must comply with the terms of use included in these GTS. In case of violation of the terms of use, the user may be banned from the Site, and have their identifiers destroyed, without notice or compensation in case of serious violation, or receive a warning from the administrator(s) and/or moderators of the Site. After 3 warnings, the User may be banned from the Site.
3.6. Subscribing to a Curry Premium user account grants access to additional features on the Site, including:
- No advertising on the Site;
- Highlighting of the CVs covered by the subscription;
- Advanced filters;
- Additional features via Discord;
- Personalized notifications;
- The ability to change the name of their CV.
4. ACCESS TO AFFILIATION
4.1. Opening a user account allows access to affiliation on the Site.
4.2. The user can earn points by performing actions and then exchange these points for a Curry Premium subscription on the site.
4.3. Affiliation actions the user can perform:
- Share their affiliation link;
- Include the name Curry.gg in their Discord username.
4.4. Any spam with the affiliation link, point manipulation, or creation of fake accounts will result in a ban from curry.gg and the points will be deleted without any compensation.
5. ORDERING SERVICES ON THE SITE
5.1. The Company allows ordering on its Site:
- The purchase of a Curry Premium account by subscription of 1, 6, or 12 months, payable in euros or dollars depending on the user's country, according to the rates in effect at the time of the Order as listed on the Site;
5.2. The Company reserves the right to correct the content of the Site at any time.
5.3. The Client selects the Services they wish to purchase and can access a summary of their Order at any time.
5.4. The Order summary presents the list of Services the Client has selected, including any additional fees that may be added to the price of the Services in the Order. The Client can modify their Order and correct any errors before proceeding to accept their Order.
5.5. After validating the Order with an obligation to pay, the contract is validly concluded between the Company and the Client and binds them irrevocably.
5.6. After validating their Order, the Client proceeds to payment of their Order according to the methods specified below.
5.7. The Company then sends a confirmation of the Order by email, including the elements of the Order summary.
6. PRICE AND PAYMENT CONDITIONS OF THE ORDER
6.1. The prices are mentioned on the Site in the descriptions of the Services, in euros or dollars and all taxes included.
6.2. The total amount is indicated in the Order summary, before the Client accepts these GTS, validates their Order, and proceeds to payment. This total amount is indicated inclusive of all taxes.
6.3. Ordering Services on the Site is payable in euros or dollars. The full payment must be made on the day of the Order by the Client, via Paypal or Stripe only, unless special terms of sale are expressly accepted by the Client and the Company.
6.4. The Client guarantees to the Company that they have the necessary authorizations to use the payment method during the Order.
6.5. The Company reserves the right to suspend or cancel any execution and/or delivery of an Order, regardless of its nature and level of execution, in case of non-payment or partial payment of any amount due by the Client to the Company, in case of a payment incident, or in case of fraud or attempted fraud related to the use of the site and the payment of an Order.
7. USE OF SERVICES
7.1. The Service(s) is (are) automatically delivered to the Client upon validation of their Order. In this regard, the Client is informed that each Order may be subject to manual validation by the Company, so the delivery may occur within a maximum of 48 working hours from the Order by the Client.
7.2. The Client must ensure that the information provided during the Order is correct.
8. CUSTOMER SERVICE
8.1. For any request for information, clarification, or any complaint, the Client must contact the Company's Customer Service first, to allow the latter to try to find a solution to the problem.
8.2. The Company's Customer Service is accessible from 7 PM to 12 PM and from 2 PM to 5 PM using the following contact details:
- Email: support[at]curry.gg
- Discord: https://discord.gg/gvYvxeFyT9
9. CONTRIBUTIONS TO THE SITE
9.1. Each user of the Site can contribute to its content by publishing their CV (Curriculum Vitae) or commenting on the CVs of other users.
9.2. After the manual validation of at least one CV written by the user, they can then automatically publish on the site.
9.3. Each first CV is checked and published by an administrator or moderator of the Site.
9.4. The Site is free to refuse any CV it deems inappropriate, unjustified, and/or irrelevant, without this giving any right to any compensation for the user for any reason whatsoever.
9.5. User contributions can be reported to the administrator or moderator of the Site by their warning via the CV from the Report button or to the following email address: abuse[at]curry.gg.
9.6. The user's contribution to the site grants the Site and the Company the right to use and publish their content without restriction.
10. CLIENT'S OBLIGATIONS
10.1. The Client agrees to comply with the terms of these GTS.
10.2. The Client agrees to use the Site and the services in accordance with the Company's instructions.
10.3. The Client agrees to use the Site only for their personal use, in accordance with these GTS. To this end, the Client agrees to refrain from:
- Using the Site in any illegal manner, for any illegal purpose, or in any manner inconsistent with these GTS;
- Selling, copying, reproducing, renting, lending, distributing, transferring, or sublicensing all or part of the content appearing on the Site or decompiling, reverse engineering, disassembling, modifying, displaying in a readable format by the Client, attempting to discover any source code or using any software activating or comprising all or part of the Site;
- Attempting to gain unauthorized access to the Site's computer system or engaging in any activity disrupting, diminishing the quality, interfering with the performance, or impairing the functionality of the Site;
- Using the Site for abusive purposes by voluntarily introducing viruses or any other malicious program and attempting to gain unauthorized access to the Site;
- Infringing the intellectual property rights of the Company;
- Disparaging the Site;
- Spamming users via the internal messaging intended for teams and multigaming.
10.4. The Client is solely responsible for the content they publish on the Site.
10.5. If, for any reason, the Company considers that the Client does not comply with these GTS, the Company may at any time, and at its sole discretion, delete their access to the Site and take any measures including any civil and criminal legal action against them.
11. RIGHT OF WITHDRAWAL
11.1. In accordance with the provisions of article L.221-28 of the Consumer Code, the Client agrees to waive their right of withdrawal for the Order of Services, as these constitute digital content not provided on a tangible medium whose execution has begun with the prior express consent of the consumer, who also acknowledged that they would thus lose their right of withdrawal.
11.2. By placing an order on the site, the Client expressly waives their 14-day right of withdrawal to obtain the Services within the time limits set out in article 7.1 of these GTS.
12. LIABILITY
12.1. The Company implements all measures to ensure the Client is provided, under optimal conditions, with quality Service(s). However, it cannot be held liable for any non-performance or poor performance of all or part of the services provided for in the contract, which is attributable either to the Client, or to the unforeseeable and insurmountable act of a third party unrelated to the contract, or to a case of force majeure. More generally, if the Company's liability were to be engaged, it could not under any circumstances accept to indemnify the Client for indirect damages or damages whose existence and/or quantum would not be established by evidence.
12.2. The Site may contain links to other sites not edited or controlled by the Company, which cannot be held responsible for the operation, content, or any element present or obtained through these sites.
12.3. The establishment of such links or the reference to any information, articles, or services provided by a third person cannot be interpreted as an express or tacit endorsement by the Company of these sites and these elements nor their contents.
12.4. The Company is not responsible for the availability of these sites and cannot control their content or validate the advertising, services, and other information disseminated on these websites.
12.5. It is expressly stipulated that the Company cannot under any circumstances be held liable, in any way whatsoever, if the Client's computer equipment or email system rejects, for example due to an anti-spam system, emails sent by the Company, and in particular, without this list being exhaustive, the copy of the payment ticket or the summary of the Order.
12.6. The Client is fully aware of the provisions of this article and in particular the guarantees and limitations of liability mentioned above, essential conditions without which the Company would never have contracted.
13. PERSONAL DATA - COOKIES - SECURITY
13.1. The Company attaches great importance to respecting privacy and takes all necessary measures to ensure the confidentiality and security of Clients' personal data.
13.2. In the context of providing the Services, the Company collects personal data from Clients, including the following data:
- Email address
- Date of birth
- Country
- Password
- Consumption data
- Pseudonyms or identifiers related to video games or social networks
13.3. The Company collects and processes Clients' personal data for the following purposes:
- Provision of the Service(s) on the Site;
- Order management;
- Payment, billing, etc.;
- Information about the Company, the Services, and the Company's activities;
- Responding to any questions/complaints from Clients;
- Elaboration of statistics for advertising targeting purposes;
- Management of access, rectification, and opposition rights;
- Management of unpaid debts and litigation.
13.4. Data related to the management of Clients' personal data is retained for the duration strictly necessary as defined by the Data Protection Act as amended, i.e., three years after collection or the last contact with the Client.
13.5. Clients' personal data is processed by the Company's sales department as well as by the Company's partner and subcontractor companies.
13.6. The Company may also disclose personal data to cooperate with administrative and judicial authorities.
13.7. The Company ensures the adequate and appropriate security of Clients' personal data and has taken the necessary precautions to preserve the security and confidentiality of the data, including preventing it from being distorted, damaged, or accessed by unauthorized persons.
13.8. Obligations of Clients
- Clients acknowledge that the personal data they disclose is valid, up-to-date, and adequate;
- Clients agree not to infringe on the privacy, image, and protection of personal data of any third party and therefore not to disclose to the Company the data of third parties without their consent.
13.9. Under Decree No. 2011-219 of February 25, 2011, concerning the retention and communication of data enabling the identification of any person who has contributed to the creation of online content, the Client is informed that the Site's host is required to retain for one year from the day of content creation, for each operation contributing to the creation of content:
- The identifier of the connection at the origin of the communication;
- The identifier assigned by the information system to the content, the object of the operation;
- The types of protocols used for the connection to the service and for the transfer of contents;
- The nature of the operation;
- The date and time of the operation;
- The identifier used by the author of the operation when provided.
13.10. In case of termination of the contract or closure of the account, the host must also retain for one year from the day of the contract termination or account closure the information provided when subscribing to a contract (Order) by the Client or when creating an account, namely:
- At the time of account creation: the identifier of this connection;
- The names and surnames or corporate name;
- Associated postal addresses;
- Used pseudonyms;
- Associated email or account addresses;
- Telephone numbers;
- Password and data allowing verification or modification, in their last updated version.
13.11. Each computer connected to the Internet network has an IP address. When a Client navigates on the Site, the Company collects the Client's IP address to analyze Site traffic and control the Client's activity on the Site to ensure that they do not engage in acts likely to violate the General Terms of Sale on the Site.
13.12. Finally, in accordance with the Data Protection Act dated January 6, 1978, Clients have a right to access, rectify, delete, and oppose for legitimate reasons the processing of their data collected and processed by the Company, by directly contacting the Company at the following email address: support[at]curry.gg.
13.13. In accordance with Article 40-1 of the Data Protection Act as amended, the Company will respect the directives given by any Client regarding the conservation, deletion, and communication of their personal data after their death. In the absence of such directives, the Company will comply with the requests of heirs as set forth in Article 40-1, III of the Data Protection Act.
13.14. COOKIES AND STATISTICAL TOOLS
13.14.1. In the context of the Clients' use of the Site, the Company may use cookies.
13.14.2. In accordance with CNIL Resolution No. 2013-378 of December 5, 2013, the Company informs Clients that cookies store certain information that is stored in the memory of their equipment. This information is used to improve the use and functioning of the Site. An alert message asks each person visiting the Site in advance if they wish to accept cookies. These cookies do not contain confidential information about Clients.
13.14.3. The Client visiting the home page of the Site will be informed:
- Of the specific purposes of the cookies used;
- Of the possibility of opposing these cookies and changing settings by clicking on a link in the banner;
- And that continuing navigation constitutes agreement to the placement of cookies on their terminal.
13.14.4. To ensure the free, informed, and unequivocal consent of the Client, the banner will not disappear until they continue navigation.
13.14.5. Without prior consent from the Client, the placement and reading of cookies will not be carried out:
- If the Client visits the Site (home page or directly to another page of the Site) and does not continue navigation: a simple absence of action cannot be considered a manifestation of will;
- Or if they click on the link in the banner allowing them to set cookies and, if applicable, refuse the placement of cookies.
13.15. SECURITY
13.15.1. The Client agrees not to undermine the security of the Site. To this end, they agree not to engage in any unauthorized access and/or maintenance in the Company's information system. The Client must not infringe or hinder the Company's information system. Failing this, the Company may take any measures against them, including initiating their criminal liability under Articles 323-1 et seq. of the Penal Code.
For more informations, visit our Privacy Policy page.
14. INTELLECTUAL PROPERTY
14.1. All elements of this Site and the Site itself are protected by copyright, trademark, design and model rights, and/or all other intellectual property rights. These elements are the exclusive property of the Company. All these rights are reserved worldwide.
14.2. The name Erisia and the brand curry.gg, logos, designs and models, stylized letters, figurative marks, and all signs represented on this Site are and will remain the exclusive property of the Company.
14.3. No title or right in any element or software will be obtained by downloading or copying elements from this Site. It is strictly forbidden for the Client to reproduce (except for personal and non-commercial use), publish, edit, transmit, distribute, display, remove, delete, add to this Site and the elements and software it contains, or modify or perform any work based on them, or sell or participate in any sale related to this Site, the elements of this Site or any software related thereto.
14.4. The Company grants the Client a non-exclusive license to use the Site. This license is strictly personal and cannot be transferred or assigned to any third party. The license is granted for the duration of the use of the Site.
14.5. Any use by the Client of the corporate names, trademarks, and distinctive signs belonging to the Company is strictly prohibited except with the prior express agreement of the Company.
15. APPLICABLE LAW AND JURISDICTION
15.1. These GTS are governed and interpreted in accordance with French law, without regard to principles of conflict of laws.
15.2. In the event of a dispute that may arise during the interpretation and/or execution of these GTS or in connection with these GTS, the Parties shall first attempt to reach an amicable resolution through a conventional mediation procedure or any other alternative dispute resolution method.
15.3. In case of failure of this amicable procedure within 30 days from the knowledge of the dispute by both Parties, the Parties will be free to bring the matter before the competent jurisdiction.