International version applicable to all users
Publisher: TIMING CORPORATION, a simplified joint-stock company (société par actions simplifiée), with a share capital of one hundred (100) euros, registered with the Paris Trade and Companies Register under number SIREN 991 278 284
Registered office: 24 rue du Cotentin, Paris (75015), France
These General Terms and Conditions of Use (the “Terms”) are intended to define the conditions for accessing and using the ABSOLUTE CINEMA application (the “Application” or “Game”), operated by TIMING CORPORATION (the “Publisher” or “we”).
You may use the Application via a web browser, a social network (e.g., Facebook) or through applications (e.g., the App Store, Google Play Store) (each a “Platform”, and collectively the “Platforms”).
By installing, accessing or using the Application, you (the “User” or “you”) acknowledge that you have read these Terms and accept them without reservation.
If you do not accept these Terms, you must stop using the Application.
These Terms constitute a legally binding agreement and you must read them carefully. By installing, using our Application or otherwise accessing it, you confirm your agreement to be bound by these Terms. If you do not accept any of these Terms, you may not install, use or access our Application.
The Publisher may suspend or delete/terminate the User’s account in the event of fraud or breach of these Terms.
ABSOLUTE CINEMA is a mobile entertainment application offering several mini-games about cinema and series, available in solo mode or online multiplayer mode, as well as:
The Publisher may add, modify or remove games at any time.
The Publisher may also freely modify, add or remove features without prior notice, provided that this does not affect the consumer’s essential rights under applicable laws.
In order to obtain the right to play our Application and purchase virtual items (“Virtual Items”), you must represent that:
you must not:
You must be a certain age to play our Application and access our services. This age varies depending on your country of origin.
If you have an account on a Platform and download ABSOLUTE CINEMA from that Platform, or if you participate in our Game via a browser, a website or any other platform, you are deemed to accept these Terms of Use. If you do not accept these Terms, do not download, play or participate in our Application, as doing so is prohibited without having accepted the Terms.
You acknowledge that these Terms:
The Publisher may amend these Terms at any time without prior notice. If you do not agree with the changes made to these Terms, you must stop using the Game. If you continue to play, you implicitly accept the amended Terms.
The Platform provider’s terms and conditions (including the Platform’s general terms) also apply to your use of the Application and your purchases of Virtual Items (the “Platform Terms”). If there is a conflict between our Terms and the Platform Terms, the Platform Terms prevail if the conflict relates to use of the Platform.
In addition to the Platform Terms, additional specific terms may also apply to our Application depending on how you access it. We or one of our business partners or a third party may occasionally organize a contest or promotion subject to additional terms. These are the “Specific Terms”. In the event of a conflict between these Terms and the Specific Terms, the latter shall prevail.
Information, including personal data, that we collect about you and how we use it are described in our Privacy Policy (the “PP”), which you can view in our Application.
The Application may be used without an account, via a guest mode. Certain features may require the creation of an account.
To create an account, the User must provide certain information (nickname, email, etc.).
The User warrants:
The User is responsible for maintaining the confidentiality of their account information and restricting access to their device.
The Publisher of ABSOLUTE CINEMA shall not be liable for any loss or damage resulting from unauthorized access to the User’s account. Any activity carried out via the User’s account is deemed to have been carried out by the User.
The user’s nickname, avatar, profile picture, bio and scores are visible to other ABSOLUTE CINEMA players.
In consideration of your acceptance of these Terms, the Publisher grants the User a personal, non-sublicensable, non-exclusive, non-transferable, revocable license to use the Application strictly for personal, non-commercial entertainment purposes. The User is prohibited from attempting to hack or gain unauthorized access to any part of the Application.
By using our Application under license, you obtain no intellectual property rights in our Application.
Any reproduction, distribution, modification, decompilation or unauthorized exploitation of the Application is strictly prohibited.
The User undertakes not to:
In the event of a breach, the Publisher may suspend or delete the User’s account.
The Code of Conduct also applies and forms an integral part of these Terms.
The User may be required to create, transmit or publish content (e.g., avatar, bio, profile picture).
The User warrants:
Data, texts, graphics, charts, photographs and any other content uploaded or otherwise made available in our Game by you or another User (the “User Content”) are the responsibility of the person who originated the User Content. The Publisher does not guarantee the accuracy, quality or integrity of User Content posted in the Game. You acknowledge that the Publisher cannot be held responsible for User Content, including without limitation any errors it may contain or any loss or damage resulting from its use.
You declare and warrant that the User Content you transmit or submit is original and that you own all rights, title and interest, including without limitation intellectual property rights, in such content. This includes the right to grant all rights and licenses in these Terms without the Publisher incurring any obligations or liability to third parties arising from the exercise of such rights and licenses.
You hereby grant to TIMING CORPORATION a worldwide, irrevocable, non-transferable, perpetual, transferable, non-exclusive, fully paid and royalty-free license (with the right to sublicense) to use, copy, host, reproduce, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast, stream and otherwise exploit the User Content you transmit or submit, as well as any derivative works. To the extent permitted by applicable law, you hereby waive any moral rights you may have in the User Content. User Content is not confidential and cannot be returned to the user.
Notwithstanding the license above, and only with respect to profile photos, you grant to TIMING CORPORATION a worldwide, non-exclusive, transferable, free and royalty-free license to use your profile photo in accordance with applicable data protection laws and the provisions of the Privacy Policy, provided that the profile photo depicts a person. This license is revoked if you delete your profile photo. TIMING CORPORATION will not use your profile photo for marketing purposes without the prior consent of the person depicted therein.
The user undertakes not to use a profile image that may offend the sensibilities of other users, including younger users, in particular any profile image of an erotic or pornographic nature, inciting violence or reprehensible behavior under applicable laws. Any user who does not comply with these rules will have their relevant ABSOLUTE CINEMA account suspended or terminated.
The user undertakes not to enter a bio that may offend the sensibilities of other users, including younger users, in particular any text of an erotic or pornographic nature, inciting violence or reprehensible behavior under applicable laws. Any user who does not comply with these rules will have their relevant ABSOLUTE CINEMA account suspended or terminated.
You agree not to upload, post or transmit any User Content that is unlawful, infringing, defamatory, offensive, harmful, or that violates in any way applicable laws or the rights of third parties. TIMING CORPORATION reserves the right, in its sole discretion, to remove, block or modify any User Content it deems non-compliant with these Terms or harmful to the Game or other users.
You acknowledge that User Content shared via the Application may be accessible to third-party platforms, such as social networks, in accordance with their own terms of use and privacy policies. TIMING CORPORATION disclaims any liability for third-party actions relating to your User Content once shared on such platforms.
You are responsible for backing up your User Content. TIMING CORPORATION disclaims any liability in the event of loss, destruction or inability to retrieve your User Content.
By using the Application, the user consents to the collection, storage and use of their personal data that has been collected, in accordance with our Privacy Policy.
TIMING CORPORATION reserves the right, in its sole discretion, to remove and/or permanently delete User Content from its Game. The Publisher reserves the right to suspend or terminate your account in the event of a breach of these Terms.
In the event of termination of your account or deletion of your User Content, the rights granted to TIMING CORPORATION regarding such User Content will cease, unless such rights are necessary to comply with legal obligations or for the continued processing of prior User Content.
TIMING CORPORATION reserves the right, in its sole discretion, to monitor, edit or delete any User Content that violates these Terms or is otherwise deemed undesirable, without prior notice.
The Application offers:
These elements:
Purchases are made exclusively via the App Store or Google Play Store platforms.
The specific sales terms are set out in the Terms and Conditions.
The Application displays advertisements that may come from third-party partners.
Certain features allow you to remove advertisements (e.g., Premium subscription).
Advertisements may be personalized in accordance with applicable local law (GDPR in the EU, CCPA in the USA, etc.), as detailed in the Privacy Policy.
TIMING CORPORATION may generate revenue when you play its Game by advertising and promoting third-party goods and/or services, including: (i) displaying advertisements that you may see and to which you may respond or interact while using the Game; (ii) allowing Virtual Items to be endorsed by third parties; and (iii) offering you the chance to “earn” Virtual Items/rewards for use in the Game if you respond to or interact with third-party advertising in a predefined manner.
Certain links, including hyperlinks, present on ABSOLUTE CINEMA and on any social network platform you use, may cause you to leave the Game and the social platforms from which the Game is accessible and may redirect you to external websites not belonging to the Game or the Platform. This does not mean that TIMING CORPORATION has approved the linked site, its operator or its content. You acknowledge that TIMING CORPORATION has no control over the content of such external websites and does not guarantee their accuracy, integrity or quality. Such sites may be governed by their own terms, privacy policies and cookie policies and it is your responsibility to inform yourself about them.
None of the exclusions or limitations set out in these Terms shall exclude or limit TIMING CORPORATION’s liability for death or personal injury caused by its negligence, fraudulent misrepresentation, or any other liability that cannot be excluded or limited under applicable law. These Terms do not affect your statutory rights as a consumer.
The express provisions of these Terms replace and expressly exclude all warranties, conditions, terms, undertakings and obligations which, but for these Terms, would be implied or incorporated by any collateral contract, statute, common law, case law, custom, trade usage or otherwise. All such implied terms are excluded to the fullest extent permitted by law.
The Publisher provides the Game “as is” and endeavors to ensure continuous access to the Application but does not guarantee:
The Application is available online 24/7. However, the Publisher cannot guarantee that access to the Game will be uninterrupted, reliable or error-free, in particular given the complexity of the internet network and peak user traffic at certain times. The Publisher provides no guarantee of continuity or quality of service and shall not be liable in the event of temporary inability to access all or part of the Application. No right to compensation shall arise under this paragraph.
As the Application is constantly evolving, errors may occur in its operation. The Publisher undertakes to correct them as quickly as possible when they arise.
The Publisher cannot guarantee that the Game will be accurate, complete or reliable. Although the Publisher uses its best efforts to make the Game available 24 hours a day, TIMING CORPORATION shall not be liable if, for any reason, the Game is unavailable at any time or for any period. Access to the Game may be temporarily suspended without notice in the event of system failure, maintenance or repair, or for reasons beyond the Publisher’s control. The Publisher may also need to change or maintain the Game at any time. If necessary, the Publisher may suspend access to the Game or any part of the Game or close it permanently. As the Publisher is subject to an obligation of means, it cannot be held liable for occasional operational issues with the application.
If the Game was downloaded from a Platform, you and TIMING CORPORATION acknowledge that the Platform provider has no obligation to provide maintenance or support services for our Game. You acknowledge that TIMING CORPORATION, and not the Platform provider, is responsible for handling claims relating to its products, failure to comply with legal or regulatory requirements, or claims relating to consumer protection or similar legislation.
The Publisher reserves the right to modify, extend, delete or limit certain features of the Application at any time, without prior notice and without incurring liability. The Publisher will nevertheless use its best efforts to inform users of changes to the application via the Application’s internal communication system.
To the extent permitted by applicable law:
Exclusion of liability
TIMING CORPORATION will be liable to you for any direct loss you suffer if TIMING CORPORATION breaches its obligations under these Terms and such loss was reasonably foreseeable by both parties when you started playing the Game. Otherwise, to the extent permitted by law, TIMING CORPORATION excludes:
TIMING CORPORATION’s maximum liability to you in connection with your use of the Game shall be limited to the amount of fees you paid to TIMING CORPORATION during the three (3) months preceding the date on which the act or omission giving rise to liability occurred.
You agree that each of these exclusions, limitations and disclaimers is reasonable having regard to the nature of the Game. Each of the exclusions, limitations and disclaimers above shall be interpreted as a separate and severable provision of our contract with you.
The Publisher may, in its sole discretion and at any time with immediate effect and for any reason (including breach of these Terms or the Code of Conduct, fraud, circumvention of systems, harmful or dangerous behavior, etc.):
TIMING CORPORATION may assign its rights and/or transfer its obligations under these Terms to any third party, including by sublicensing and/or subcontracting its rights and obligations under these Terms to a third party.
If any provision of these Terms is held, in whole or in part, to be illegal, invalid or unenforceable by a court or competent administrative body under any law or regulation, such provision or part thereof shall be severed from these Terms. The validity and enforceability of the remaining provisions of these Terms shall remain in full force and effect.
These Terms apply between TIMING CORPORATION and the User with respect to the matters described in this document, to the exclusion of any other terms (including any terms that you purport to apply) other than the Specific Terms described in Section 3.3. You may not rely on any agreement, understanding or arrangement that is not expressly set out in these Terms.
You and TIMING CORPORATION acknowledge that if the Game has been purchased/downloaded via a Platform, such as the Apple Store or Google Play Store, this Platform provider and its affiliates are third-party beneficiaries of these Terms and may enforce these Terms against you to the extent permitted by applicable law.
All elements of the Application (software, graphics, texts, databases, software code copyright, audiovisual effects, etc.) are protected by intellectual property rights.
Any unauthorized reproduction or extraction is prohibited.
Data processing is described in the Privacy Policy, incorporated by reference into these Terms.
The Application may contain links to third-party sites.
The Publisher is not responsible for the content or policies of such sites.
The Publisher may amend these Terms.
Any material change will be notified within the Application.
Continued use of the Application after modification constitutes acceptance of the new Terms.
These General Terms of Use are governed by and construed in accordance with French law, unless the law of another country applies due to mandatory provisions on consumer protection. Any dispute arising from or in connection with these Terms shall be submitted to the jurisdiction of the French courts, with the Paris Judicial Court (Tribunal Judiciaire de Paris) having jurisdiction at first instance. However, the consumer may also bring the matter before the court of their place of residence. In the event of a dispute, you also have the option of contacting the National Consumer Protection Commission (CNPC).
Please contact us immediately (our contact details are in Section 28 below) if you:
The Publisher will then review your concerns and decide what action to take, based on TIMING CORPORATION’s opinion as to whether another player has breached these Terms. TIMING CORPORATION will endeavor to inform you of the outcome of any review within a reasonable time after receiving your complaint. TIMING CORPORATION and the User both acknowledge that Platform providers have no obligation to investigate, settle, defend or resolve any dispute relating to the intellectual property of the Game. The right to complain about a defect in the Game or the Game’s Virtual Items/rewards is revoked after three years.
If you wish to contact TIMING CORPORATION at any time regarding your views on these Terms or the use of the Application, please email us at contact@absolute-cinema-app.com or write to TIMING CORPORATION, 24 rue du Cotentin, 75015 Paris, France.