General conditions of use and rental
FIELD OF APPLICATION AND ACCEPTANCE OF THE CONDITIONS
These general conditions of use govern, without exception, the legal and contractual relationships between NitroServ SAS, the users of the www.nitroserv.com website and its various pages as well as the services offered by NitroServ SAS on these pages, subject to any contrary stipulation confirmed in writing by NitroServ SAS. The use of the web pages or the services of the site www.nitroserv.com implies unreserved acceptance by users of these general conditions of use and rental. In the absence of acceptance of these general conditions of use and use, the use of the pages of the site and the subscription to the services offered by NitroServ SAS is not authorized. Conditions for subscribing to the game server and voice server rental service: Any user wishing to rent one of the game servers offered on the site www.nitroserv.com must complete a form made available on the site, by responding accurately and sincerely to the requests for information that will be presented to him. He certifies that he has previously ensured that he meets all the requirements for accessing and playing the games for which he is renting a server, in particular the age and license requirements. If, for whatever reason, he no longer meets the requirements, the User must immediately stop using the corresponding server (s). If and only if the reason is not his fault, then the User may request reimbursement of the rental in question in proportion to the period remaining until the end of his rental, and this within 48 hours following the occurrence of this new fact by registered letter with acknowledgement of receipt to the attention of Customer Service at the address of the head office of NitroServ SAS specified below.
NitroServ SAS warns Users, and in particular persons with parental authority, about the diversity and nature of the content accessible via the servers of the site www.nitroserv.com, in particular the content of games, which may be likely to harm minors. The User undertakes to take all necessary measures to ensure the protection of minors who may use the game and dialogue spaces on the www.nitroserv.com site. In any event, the use of the site by a minor person is under the sole control and responsibility of the User. The User declares to have read:
- That the data circulating on the Internet is not protected against possible misuse, and that therefore the communication of any sensitive information is done at the risk and peril of the User.
- That it is up to him to take all necessary measures to protect the data and software stored on his computer hardware from contamination by viruses, in particular possible viruses introduced by third parties via the Internet.
As a result of these statements, the User releases NitroServ SAS from any responsibility relating to the risks described above.
OBLIGATIONS OF THE USER
The use of the services offered by NitroServ SAS is carried out under its sole controls, risks and responsibilities. The User is prohibited from bringing to the site www.nitroserv.com and its Internet pages content in the form of text, image or other content that violates the law and from engaging in any activity of an illicit nature or likely to cause harm to NitroServ SAS or to a third party or to interfere with the proper functioning of the site www.nitroserv.com. It is forbidden for the User to broadcast the following content, without this list being exhaustive:
- Documents, information, statements or content that are contrary to criminal law, defamatory, defamatory, obscene, obscene, violent, threatening, inciting to hatred, violence or discrimination or to acts under criminal law, racist, pornographic or similar, infringing the right to the protection of privacy or likely by their nature to undermine respect for the human person and his dignity, equality between men and women, to the protection of children and adolescents.
- Content that uses data belonging to third parties without authorization and protected under copyright, trademark law or competition law.
IT IS ALSO FORBIDDEN TO THE USER, WITHOUT THIS LIST BEING EXHAUSTIVE
- To transmit files containing a virus or altered data over the network
- To delete any mention of copyright or property designation
- To use the site in a way that interferes with the access of other Users to the site
- To transmit information or documents for advertising or piracy purposes of any kind.
The User is authorized to use the services and benefits offered by the site www.nitroserv.com for personal use. However, it is forbidden to use the site for professional, commercial or promotional purposes without the prior written authorization of NitroServ SAS. By renting a private server, the User undertakes to never remove the password from it and not to include the server password in the server name. The User undertakes not to exceed the number of locations he has rented. The user undertakes not to use bots on his server, although they are tolerated, their intensive use may force us to ask you to cut them off. In the event of a refusal to comply, the server may be shut down without notice. We remind you that the purpose of a network game server is to allow Internet users to play together, not to play alone against bots.
NitroServ SAS cannot be held liable in the event of possible malfunctions of the Internet network that have resulted in failures in the administration, processing and/or management of the site, and more generally for any problem related to telecommunications networks, online computers, servers, servers, access providers, access providers, providers, access providers, providers, access providers, computer equipment, computer equipment and software of the site, indirect or intangible, suffered by the user as a result of the use of the services and benefits offered by NitroServ SAS. The download via the site and/or the use of data contained in the services and services of NitroServ SAS is carried out under the exclusive responsibility of the User who is solely responsible for any damage to his computer system related to the downloads and use of the data referred to above.
EXCLUSION OF WARRANTY AND LIABILITY FOR ANY CONTENT FROM THIRD PARTIES
NitroServ SAS does not grant any guarantee and excludes all responsibility for any content, whether in the form of text, image or other, accessible on the site www.nitroserv.com through third parties (links, mels, mels, forums, chat rooms).
LIMITATION OF LIABILITY TO INTENTIONAL ACTS OR GROSS NEGLIGENCE
In any event, NitroServ SAS's liability is strictly limited to damage caused due to gross negligence or intentionally. The same applies in the event that the fault is committed by NitroServ SAS itself, by a social body or by an employee. In the event of force majeure, attacks or natural disasters, all liability is excluded. When the liability of NitroServ SAS is excluded in accordance with these general conditions of use and rental, this exclusion also applies to the personal liability of employees, employees, collaborators, representatives and agents of NitroServ SAS
The rental contract is initially concluded for a contractual period selected when ordering (1, 3, 6, 12 months). The User has an automatic renewal feature allowing him to extend the rental of his game server for the same duration by a new debit of the same amount at the end of the current period. This feature can be cancelled at any time. The characteristics of the account to be debited may be modified by the User at any time. The rental contract is governed by these general conditions of use and rental. The rental starts when the servers are made available by NitroServ SAS to the customer. These general rental conditions apply throughout the rental contract, including in the event of extension and during any use of NitroServ SAS servers. After the expiration of the rental contract, the server is automatically closed to the customer and his personal data becomes inaccessible to him. The cancellation process is automatic and takes place at the end of the last paid period. Therefore, the User's data may be deleted by NitroServ at any time. In the event of a breach by the User of his obligations or of non-compliance with these general conditions of sale, NitroServ SAS reserves the right to terminate the contract or to suspend it without notice or compensation.
TERMS OF PAYMENT
Payment for the services provided by NitroServ SAS is made upon order by check, bank card, bank transfer or in cash by postal order payable to NitroServ SAS before the start of the rental period. The automatic renewal feature is only available to Users paying by credit card. In this case, the debit corresponding to the new period is made no earlier than 48 hours before the end of the valid period, for the same duration and the same amount on the bank card specified by the User, unless changes are made by the User. The billing system is automatic and the services are subject to VAT. Any User who requests it written by post to the company's headquarters or by email sent to admin [at] nitroserv.com may receive the invoice corresponding to their rental electronically.
All software, information presentations, games, names, trade names, trade names, texts, texts, comments, images, illustrations, product or service marks, inventions, and in general, any creation of any kind whatsoever, that are accessible using the Nitroserv.com site, which are accessible using the Nitroserv.com site, remain the exclusive property of their respective owners. The creation and remote transmission of data, information, software, games are carried out under the control and responsibility of the User. The User is authorized to use all the programs, games, services, functionalities, made available to him within the www.nitroserv.com online service, in compliance with the intellectual property rights of NitroServ SAS, program providers, game publishers or any other right holder, provided that only use for private use is authorized. In particular, the User makes it his personal business to own the rights to use the games he uses and cannot engage the responsibility of NitroServ SAS. for any reason whatsoever if he himself or the users of the server to which he has given access did not have the rights required to have access to them.
It is recalled that in accordance with Law No. 78-17 of 6/01/1978, known as the Data Protection Act, the User has the right to consult, modify and rectify any personal data brought to the attention of NitroServ SAS when using the services offered by the site. This right may be exercised by post to the address of the headquarters of NitroServ SAS, by email to admin [at] nitroserv.com or in the customer area accessible on the site.
APPLICABLE LAW — DISPUTES
These conditions are subject to French law. In the event of difficulties in their application, the User will have the possibility, before any legal action, to seek an amicable solution. Otherwise, only the Grenoble Commercial Court would be competent.
For any complaint, information or question, our support service is at your disposal: email: info [at] nitroserv.com, or at the following address: SAS NitroServ, 545 Avenue de l'Europe, 545 Avenue de l'Europe, 38330 Montbonnot-Saint-Martin