Services and Apps Terms of Use

1. General

1.1. Spooklight.

The following Terms of Use of Spooklight (the ToU) shall apply notably without limitation to the innovative augmented reality mobile applications available on smartphones, tablets, AR- or VR glasses, and other electronic devices, on iOS, Android and other operating systems (the Apps), and to the website accessible at www.spooklight.ch and any other products and/or services available at the same URL address (together the Services), which are provided by Spooklight SA, rue du Pré-de-la-Fontaine 10, 1242 Satigny, Switzerland (Spooklight).

1.2. Acceptation of the ToU.

Any access or use of the Services are subject to these ToU as may be amended from time to time. Anyone who accesses, browses and/or uses the Services through whatever platform acknowledges to have read, understood and agreed to these ToU and the Privacy Policy accessible here.

1.3. Links to third party platforms.

The Services may contain links to third party platforms maintained by other content providers. Spooklight hereby disclaims any representations and warranties regarding the content or accuracy of materials on such third party platforms.

1.4. Amendments.

The ToU may be amended from time to time and such amendments shall be notified to visitors on Spooklight’s website or through the Apps. By continued access or use of the Services after any amendment of the ToU, you agree to be bound by any such amendment.

2. Registration

2.1. Account.

Certain Services and sections of it require the registration of an account (the Account) and to sign-in before they can be used. By registering an Account or using the Services through any other means, you warrant that you are of legal age and have unrestricted legal capacity in your country of domicile or residence, or that you are nine (9) years old and that you duly obtained the consent of your legal representative(s).

2.2. Accuracy.

You warrant that all information provided to Spooklight in the registration process or otherwise is true and accurate. You shall keep such information up to date at any time.

2.3. Confidentiality.

You agree to keep your login and password confidential. You acknowledge that you are fully responsible for the use that is made of your Account, including any third party use irrespective of whether you authorized such use or not. You shall be fully liable for any losses and/or damages that may result from any such use. You agree to immediately notify Spooklight of any unauthorized access or use of your Account or any other breach of security.

2.4. Cancellation of Account.

Spooklight reserves the right to temporarily or permanently cancel your Account at any time without notice and without any compensation, for any reason whatsoever, without incurring any liability.

3. Use of the Services and license

3.1. License.

Subject to your compliance with the ToU, Spooklight grants you a non-exclusive, non-transferable, revocable and limited license, without right of sublicense, to use the Services for private entertainment and non-commercial use.

3.2. Restrictions.

To the extent permitted by applicable law, you are not allowed to (i) copy, modify or create derivatives of the Services, in particular of the Apps; (ii) resell, transfer, assign, lease, lend, or license the Services, in particular the Apps, to third parties; and (iii) deep-link, reverse engineer, disassemble or monitor (e.g. spider, scrape) the Services, in particular the Apps. Without prejudice to the ToU, Spooklight and/or its licensors reserve all rights on the Services not expressly granted herein.

3.3. No obligations of Spooklight.

Spooklight shall have no obligation to monitor the use of the Services or to edit, review or modify any content of the Services. Spooklight reserves its right to edit, review or modify the content of the Services without prior notice at any time notably without limitation for purposes of compliance with the ToU or any applicable law. Spooklight reserves its right to investigate on any infringement or behavior affecting the Services. Spooklight reserves its right to cooperate with competent authorities in case of violation of any applicable law.

3.4. Representations and warranties of the user.

You represent and warrant (i) to use your Account and the Services for private entertainment and non-commercial use only; (ii) not to infringe, or cause a third party to infringe, any applicable law or regulation; (iii) not to use your Account and the Services for any unlawful purpose; (iv) not infringe any intellectual property right, or other proprietary right or right of publicity or privacy; (v) not to include incomplete, false or inaccurate information about yourself or any information about any other individual, company or other legal entity; and (vi) that your use of the Services shall not contain any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

4. User Content

4.1. User Content.

By using the Services, you are granted the possibility to post on, transmit through, or link from the Services text, files, images, photos, video, sounds, or other materials (the User Content).

4.2. Responsibility.

You understand and agree that all User Content posted on, transmitted through, or linked from the Services, is the sole responsibility of the user from whom such User Content originates. Spooklight shall have no liability related to the User Content, whether arising under intellectual property laws, libel, privacy, obscenity, or otherwise.

4.3. License on User Content.

You hereby grant Spooklight a worldwide, free of charge, perpetual, irrevocable, transferable, assignable license, with right of sublicense, and any intellectual property rights related thereto, to use the User Content in connection with the Services and in accordance with the Privacy Policy available here.

4.4. No obligations of Spooklight.

Spooklight reserves the right (but not the obligation) to take any action with respect to the User Content, if Spooklight believes that it may create liability for Spooklight, or may cause Spooklight to lose the services of Spooklight’s Internet service providers or other licensors, suppliers and/or providers.

4.5. No representations and warranties.

Spooklight cannot, nor does Spooklight undertake any obligation to, control the User Content. By its very nature, the information in the User Content is changed frequently, may be inaccurate and in some cases, may be mislabeled or deceptively labeled. Spooklight does not make any representation or warranty, express or implied, as to the accuracy, timeliness, or completeness of such information, nor does Spooklight undertake to verify, update or correct such information. Spooklight also does not make any representation or warranty, express or implied, regarding any User Content. Spooklight reserves the right to adjust, refuse or remove any User Content at Spooklight’s sole discretion, in particular to comply with any applicable law.

5. Online purchases

5.1. Online Purchases.

1.1. The Apps allow you to acquire, purchase and use virtual content and virtual goods, which shall be used within the Apps only (the Virtual Goods), and to acquire and purchase physical goods such as merchandising goods or goodies (the Physical Goods, collectively with the Virtual Goods: the Online Purchases).

5.2. Purchase.

The acquisition and purchase of Online Purchases are authorized to Account holders only. For underage users, such as children, the acquisition and purchase of Online Purchases are subject to the prior consent of your legal representative(s), which is deemed duly obtained. Spooklight recommends to such legal representative(s) to consult, configure and modify the settings of any electronic device making use of the Services or to use technical safeguards to limit Online Purchases. Spooklight also recommends to such legal representative(s) to watch and monitor their children’s Account in particular any unexpected use of it (for more information in French, German or Italian, see www.jeunesetmedias.ch.

5.3. Price and availability.

Price and availability of the Online Purchases are subject to modifications and changes without prior notice. Spooklight reserves its right to modify at any time the stock and inventory of Online Purchases. Any acquisition and purchase of Online Purchases are firm and definitive. To the extent permitted by applicable law, Spooklight will not proceed to any exchange, reimbursement, revocation or cancellation of any Online Purchases.

5.4. Delivery of Physical Goods.

Spooklight will deliver the Physical Goods to internationally. Delivery costs are indicated upon the purchase of the Physical Goods and are subject to your approval before a binding purchase. Delivery times are indicative and not binding. Without prejudice to Section 8.3 below and to the extent permitted by applicable law, Spooklight shall not be held liable for any delivery delay or issue arising from or in connection with the delivery of a Physical Good. Transfer of risk takes place once Spooklight delivers the Physical Good to a postal service or a carrier.

5.5. License on Virtual Goods.

Virtual Goods are specific categories of content of the Apps. Spooklight grants you a limited, revocable, non-transferable, non-assignable license, without right of sublicense, to acquire, purchase and use the Virtual Goods within the Apps only for purposes of private entertainment and non-commercial use.

5.6. No property on Virtual Goods.

Without prejudice to Sections 4.3 and 6.2, you acknowledge that you do not own any property right in and to the Virtual Goods or to any other content of the Services whatever their mean of acquisition or purchase through the Services. Any balance of Virtual Goods shall not mean, correspond or reflect any monetary value or other value, and does not constitute any title, right or interest in and to real property or actual good.

5.7. Representations and warranties of the user.

You represent and warrant that you shall not sell, re-sell, transfer, assign, sublicense, trade or use for commercial purposes any Virtual Good in order to benefit or receive non-virtual money, goods or services from third parties outside the Services. Any such act or attempts to do so is strictly forbidden and can lead to the cancellation of the specific operation and/or of your Account. You acknowledge and agree to acquire and purchase Virtual Goods only from Spooklight, or through or on the Services, unless authorized expressly differently by Spooklight.

5.8. No warranties for defect.

Without prejudice of Section 8 below and to the extent permitted by applicable law, any warranties for defect of the Online Purchases, in particular the Physical Goods, are fully excluded. Furthermore, Section 8 below applies.

6. Intellectual property

6.1. Ownership of Spooklight.

Without prejudice to Section 6.2 below, Spooklight and its licensors (see notably Section 14 below) own the copyright and all intellectual property rights in and to the Services and on the content published on or through the Services, or have acquired an appropriate consent or license from third parties.

6.2. Ownership of user.

Without prejudice to Section 4.3, you or your licensors retain ownership of all rights, title and interest in and to your User Content.

6.3. Infringement.

If you think that the Services or the provision of any content of the Services infringe any copyright or other intellectual property right, you may at all times contact Spooklight at contact@spooklight-studio.com and ask us to remove such content from the Services.

7. Privacy and data protection

Privacy Policy.

Spooklight Privacy policy is accessible here

8. No warranties and liability

8.1. No warranties.

You agree that your access and use of the Services shall be at your sole risk and liability. You acknowledge that the content of the Services is provided to you “as is” and “as available”, and that to the fullest extent permitted by applicable law, Spooklight disclaims all warranties, express or implied, in connection with the Services and your access and use thereof.

8.2. No further representations and warranties.

Furthermore, Spooklight makes no warranties or representations about and bears, unless fraudulent intent or gross negligence, no liability for (i) the accuracy or completeness of the content of the Services, notably User Content, including but not limited to any errors, mistakes, inaccuracies of content, as well as its timely and proper delivery; (ii) limitations; (iii) personal injury; or (iv) property damage, of any nature whatsoever resulting from (a) your access or use of the Services; (b) any unauthorized access or use of any and all data, personal information and/or financial information stored through or on the Services; (c) any interruption or cessation of transmission to or from the Services; (d) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Services by any third party; (e) any errors or omissions in any content; (f) or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, published, uploaded, linked from, or otherwise made available via the Services.

8.3. No liability.

To the extent permitted by applicable law, Spooklight waives all liability for any direct, indirect, consequential or special losses or damages of any kind whatsoever, arising from, or in connection with, the access and use of the Services, including authorized or unauthorized third party use of Accounts, or any reliance on any of the content, notably User Content, provided on or otherwise in connection with the Services.

9. Indemnification

Indemnification.

You shall defend, hold harmless and indemnify Spooklight for any claim, demand, dispute, litigation, damage or loss (including reasonable attorney’s fees) incurred by Spooklight from another user of the Services or a third party arising out of your access and use of the Services and/or any infringement of the ToU.

10. Suspension and termination of use

Suspension and termination.

You agree that Spooklight may, at Spooklight’s sole discretion, suspend or terminate Account, and/or your access and/or use to all or part of the Services with or without notice and for any reason, including, without limitation, breach of these ToU. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to access and/or use the Services will immediately cease, and subject to applicable law, Spooklight reserves the right to remove or delete any information and/or content, in particular User Content, including any Account or login information.

11. Miscellaneous

Miscellaneous

If any provision of these ToU is or becomes invalid, unenforceable or non-binding, this shall not affect any other provision thereof. In such event, such invalid, unenforceable or non-binding provision shall nonetheless be enforced to the fullest extent permitted under applicable law, insofar as the invalid, unenforceable or non-binding provision shall be replaced by a valid, enforceable and binding provision reflecting to the greatest extent possible the intent of the original provision.

12. Contact

Contact.

If you have any questions regarding the Services, or the ToU please contact Spooklight at contact@spooklight-studio.com.

13. Governing law and jurisdiction

13.1. Governing Law.

These ToU shall be governed by and construed in accordance with Swiss substantive law, without reference to its conflict of laws provisions.

13.2. Jurisdiction.

1.1. Any dispute or difference arising out of or in relation to these ToU shall be subject to the exclusive jurisdiction of the courts of Geneva, Switzerland, subject to the right of appeal to the Swiss Federal Tribunal.

14. Third party legal notices

Legal notices.

The Services contain without limitation such third party content:

Story bible: Cédric Pilot and Romain Van Liemt;

Graphical bible: Bertrand Gatignol;

TV serie directed by: Luc Chalifour and Tarik Hamdine;

© 2016 – Method Animation – AB Productions – Nexus Factory – Umedia
ZDF-ZDF Enterprises – RTBF (Télévision belge) – OUFtivi – Jeem TV.