Terms of Use

Foreword

Welcome to the Glimster service!
The Terms below describe the conditions under which the company Atomic Marlin offers access to Glimster services (hereinafter "Services" or "Atomic Marlin Services").
The applicable Terms of use are those in force when connecting and using Glimster Services. Glimster is accessible via the Internet and via mobile applications. Registration for Glimster and its use assumes that you acknowledge having read the Terms and Conditions of Glimster (hereinafter "Terms of Use") and fully accept the following provisions:

Article 1 – Purpose of Glimster

Glimster is a downloadable application on smartphones, and a website (www.glimster.me). Glimster allows users to turn their city into a playground. Using a map, the player must conquer territories on which he can post photos and comments.

Article 2 – Registration

To be a member of Glimster, you must be at least 13 years old and fill in all required fields on the registration form. Equipment (computers, smartphones, tablets, software, means of communication) allowing access to Glimster is at your sole responsibility, as are the telecommunication costs incurred by their use. You guarantee that the data you provide is accurate and truthful. You agree to provide a real email address of which you certify to be the actual owner. In case of non-receipt of service messages from Glimster could send you, you waive any claims and / or legal action against Glimster. We can deny you the use of a user name that would represent the name of another person, violates a trade mark, a domain name of a third party and / or more generally Trademark Law or Intellectual Property Rights, or is vulgar, offensive or otherwise inappropriate, would damage our image, that we will judge at our discretion. After registering you have a login and a personal and confidential password. Under no circumstances should you disclose such information. Glimster cannot be held responsible for the loss of these elements of identification. If you use this information in a manner contrary to their destination, Glimster reserves the right to terminate your account without notice. In all cases, you are solely responsible for the use, fraudulent or not, by others of your login and password as well as the actions and statements made through your account. Glimster will not be responsible and you warrant Glimster against any claim in this respect. Moreover, Glimster does not have the means to ensure the identity of people registering for its services. Glimster will not be liable for impersonating a member. You hereby agree and acknowledge that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access Glimster. If you think someone is using your account or your identity, you must inform us immediately by email. Glimster reserves the right to deactivate the accounts of members who have not connected to the service for a period greater than or equal to six (6) months, which could result in the loss of your personal data.

Article 3 - Use of the Services Glimster

You agree to comply with all laws and local, national and international regulations in force and are solely responsible for any act or omission occurring in connection with your account, in particular as regards the contents of your transmissions through the Glimster Services. For example, and without limitation, you agree to:
• Comply with applicable laws, respect the rights of third parties and these Terms of Use;
• Behave fairly towards Glimster and other users;
• Never distract Glimster from its originally intended use;
• Do not use personal data of other members for a purpose other than to establish contact and / or participate in Glimster Services;
• Communicate Glimster and other users with information or contents which may not cause any carry harm to you;
• Do not distribute information or content not conform to reality;
• Do not create a false identity, impersonate any person or entity, not falsely state or otherwise misrepresent his affiliation with a person or entity to mislead others as to the identity of the sender of a message or to gather or otherwise collect information about others;
• Do not distribute information or contents that would break the rights of others or that is defamatory, libelous, obscene, offensive, violent or inciting violence, political, racist or xenophobic and generally any content contrary to public order and morality;
• Do not distribute information or contents resulting in the effect of diminishing, disorganizing or preventing normal use of Glimster or interrupting and / or slowing down normal circulation of communications between members;
• Respect the rights of intellectual property and any other rights (such as those relating to image, privacy) held by Glimster and third parties or by members and / or any third party.
In case of failure by a member to one or more of these rules, Glimster reserves the right to unilaterally terminate the contract without notice, to block account(s) of the Member concerned, to automatically delete litigious messages, to prevent publication of all or part of a member's profile, and / or block his access to all or part of Glimster Services, temporarily or permanently, without any compensation. Glimster cannot be held liable for false statements made by a member. Glimster assumes no responsibility for meetings (virtual or not) between members and / or non-members Glimster following the use of its site and its services. If questioned, the responsibility of Glimster resulting from your breach of any of your obligations above, you agree to hold Glimster immediately away from any action and / or corresponding demand, and you will indemnify Glimster direct or indirect damage that may result.

Article 4 - Intellectual Property

You acknowledge and agree that Glimster holds all the intellectual property rights relating to the service. The trademarks, domain names, trade names, logos and any other distinctive sign of Glimster, graphics, photographs, animations, videos and texts contained on Glimster are the intellectual property of Glimster and may not be reproduced used or represented without the express permission of Glimster under penalty of prosecution. Assuming you have an agreement with Glimster expressly granting you the right to use such identification, you agree to use them in accordance with the provisions of that contract. Rights of usage are granted by Glimster to you in digital form, on your computer, smartphone or tablet, for viewing the pages consulted by your navigation software. Printing is permitted for private copying for the exclusive use of copyist within the meaning of Article L.122-5-2 ° of the French Intellectual Property Code. Any other use is prohibited without the written permission of Glimster. You are specifically prohibited to modify, copy, reproduce, download, distribute, transmit, publish, perform, display, commercially exploit and / or distribute in any way any proprietary information which Glimster owns, including text, software, photographs, images, layouts, graphics. Subject to the limited license set forth in Article 6 of these Conditions of Use, Glimster acknowledges and agrees that no intellectual property rights relating to the content you submit, post, transmit or post to Glimster or through Glimster, is transferred or assigned to Glimster by yourself or your licensors. Unless agreed otherwise in writing with Glimster, you agree to be responsible for content protection and enforcement of rights related to that content. Glimster has no obligation to do so on your behalf. You agree not to remove, obscure or alter indications relating to intellectual property rights may be affixed to or contained within Glimster Services. Unless you have been specifically authorized in writing by Glimster you acknowledge that as part of your use of Glimster Services, you will not use any trade mark, service mark, trade name, logo or any other distinctive sign belonging to a company or organization under conditions likely to cause deliberately or not, confusion about the owner or the person licensed.

Article 5 - License Glimster

Glimster grants you free with a personal, non-transferable, non-exclusive and worldwide license to use the software provided to you by Glimster (hereinafter referred to as Software). This license is intended to allow you to use Glimster Services in accordance with these Terms of Use. You may not copy, modify, create a derivative work, disassemble, reverse engineer, decompile or attempt in any other way to extract the source code of all or part of the Software, unless by law require explicitly or if you have been specifically authorized by Glimster. Unless expressly authorized in writing by Glimster, you may not assign (or sub-license of) your software use rights, grant a security interest in the Software or your rights to use or dispose in any other way all or part of your software use rights.

Article 6 - License Content

You retain ownership of intellectual property rights you already hold in Content that you submit (hereinafter "Content"), post or display on Glimster or through Glimster. By submitting, posting or displaying Content on / through Glimster, you agree to grant to Glimster and its agents and assigns a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, up be sub-licensed to reproduce, adapt, modify, translate, publish, publicly perform, display and distribute any Content which you submit, post or display on / through Glimster. This license is for the sole purpose of enabling Glimster to display, distribute and promote Glimster. The license does not confer the right to Glimster to sell your Content. You acknowledge that Glimster, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make the necessary changes to your Content to conform and adapt to technical requirements of networks, devices or media. You agree to grant a free license to Glimster, allowing it to take these actions. You confirm and warranty to Glimster you hold all the rights, power and authority necessary to grant the above-mentioned license. Glimster will not be responsible for the Content that you post or display on Glimster you will not have any intellectual property rights. You authorize expressly Glimster to modify those contents to respect the graphic charter of the website (www.glimster.me) or other communications media cited above and / or to make them compatible with its technical performance requirements or the formats of related media.

Article 7 - Termination of your account

You retain the right to interrupt at any time and without cause your Glimster account by sending a request by mail. Deleting your account and your personal data will be effective in the next 24 hours. In case of breach by you of these Terms of Use, Glimster reserves the right, in its sole discretion to suspend or terminate your account without notice at any time. You agree that any termination of your access to the Service under the Terms of Use may be exercised without notice, and acknowledge and agree that Glimster may immediately deactivate or delete your account and all related information and files in your account and / or you prohibit any further access to such files or Glimster Services. Wherever possible, Glimster will use reasonable efforts to inform the members of the termination or suspension of their access to Glimster. In addition, you agree that Glimster and the site provider are not liable either to you or to any third party for any suspension or termination of your access to or modification of Glimster Services. Such termination shall take effect without prejudice to any damages that might be claimed by Glimster or his assigns and legal representatives for damages suffered as a result of such breaches.

Article 8 - Limitation of Liability

The information provided by a member must be accurate and conform to reality. The consequences of its disclosure on your life and / or those of other members are your exclusive responsibility. You waive any claim against Glimster, including on the basis of any possible damage to your image rights, your honor, to the intimacy of your private life, resulting from the dissemination or disclosure information about you. Glimster cannot be held responsible for the accuracy or inaccuracy of information and content provided by other members, visitors to the Service and / or yourself. Similarly, Glimster can not be held responsible for contents such as data, text, information, images, photos, profiles, audio and video clips, links and other content disseminated, published by a member and may violate the rights of a or more other members. The quality of services as required by Glimster by its members implies respect of certain ethics in the expression and behavior of members, the rights of third parties and compliance with laws and regulations. In the service of this quality requirement, individual responsibility and ethics, Glimster allows any member to report to it on the site www.glimster.me data (photography, text), behavior or words of a member who it seems to infringe applicable laws and regulations, the image or the object of Glimster, rights of third parties or morality. Consequently, members acknowledge and accept that the data they provide, as well as their behavior or their words are likely to be the subject of a report by other members, moderated and / or control by Glimster, based on objective assessment criteria. In the event that this notification or monitoring reveals a breach by a Member of the laws and regulations or contractual obligations, the provisions of these Terms of Use, including Article 7 - "Termination of your account" may be applied. If the responsibility of Glimster would be sought because of a failure by a Member to fulfill its obligations under the law or these conditions, this Member commits to ensuring Glimster against any judgment against him, this guarantee covering both compensation which may be paid as well as attorney fees and court costs that may be charged to Glimster.

Article 9 - Exclusion of Warranties

Glimster cannot guarantee the following:
• That the use of the Services will meet your requirements;
• That the use of the Services will be uninterrupted, timely, secure or error free;
• That the defects and / or errors will be corrected to the extent that Glimster would not the cause. In other cases, Glimster will make every effort to address them in reasonably possible conditions;
• That any information you get from the use of Glimster will be accurate or reliable.
• That the use or result of the use of Glimster or Content made available as part of Glimster Services will be correct, accurate, timely or otherwise reliable.
No warranty, condition or other provision (including any implied warranties of satisfactory quality, fitness for a particular purpose or conformance with description) apply to Glimster, except as provided herein and in the limit of this provision. Glimster expressly disclaims all liability for the conduct of any other Member.
The Glimster Services and all content, information (including, without limitation, any text, graphics, links or other information or content obtained or reached via Glimster), products and services included are provided "as is" without warranty of any kind. Glimster disclaims all warranties, express or implied, concerning any information or related element, or referenced by Glimster Services, including without limitation any implied warranties of merchantability, non presence of computer viruses and not broken property rights. Nothing in the Terms of Use shall affect the rights that you as a consumer have and whose modification or waiver by contract is impossible.

Article 10: Banners

Glimster is financed by advertising revenue and may display advertisements and promotions. These ads can target content through the information withheld from you in the application. The terms and scope of advertising by Glimster in Glimster are subject to change without notice. In return for access and use of the application, you agree that Glimster uses such advertising.

Article 11 – Glimster’s Operation

You must have the skills, hardware and software required for Internet use. You acknowledge that the characteristics and constraints of the Internet do not guarantee the availability, security and integrity of Internet data transmissions. Glimster does not guarantee that Services will operate without interruption and without malfunction. Their operations may be interrupted for reasons of maintenance, update or technical improvement, or to change the content and / or presentation.
Wherever possible, Glimster will previously inform its members of updates and maintenance. You waive to seek for Glimster responsibility in accordance with malfunction of the Services. Similarly Glimster’s responsibility could not be sought under dysfunction, inability to access or bad conditions of operation of Glimster due to inadequate equipment, to interruptions related to the user's ISP, to Internet network congestion, and / or for any other reason related to an external fact to Glimster.
Glimster should not be responsible in any way for direct or indirect damages including loss of data (including copies) suffered or recording that you could have done. Glimster reserves the right to modify or to upgrade at any time the contents of Glimster, the Services or the Terms and Conditions that apply to it. These changes will be effective as soon as they are posted on the website www.glimster.me without prejudice to the possibility for members to terminate their membership. Otherwise, you will be deemed to have accepted these modifications by continuing to use Glimster. The presence of a member on the site and / or on the application assumes its full acceptance of any revision or modification of the website and the application.
Glimster cannot guarantee the inviolability of means of payment, secure means of payment being provided by a third party provider.

Article 12 – Hyperlinks

Any member of Glimster may include links to websites of third parties. Some of these sites may contain content that may be objectionable, unlawful, or inaccurate. These links do not mean that we approve or endorse third-party sites or services in question and Glimster may, in its sole discretion, delete such links. We are not responsible for any content, products or services, or other content offered on these sites. Anyone establishing hyperlinks must first obtain the consent of the holder of the related resources protected by intellectual property. The use of hypertext links to any page of the site www.glimster.me, even partially, is subject to the following conditions:
Are allowed without prior formalities:
Hypertext links to the site "www.glimster.me";
Image links (buttons, zones) to the site "www.glimster.me".
Require specific authorization from the responsible of the publication:
Any reproduction of all or part of the site;
The representation of a page of the site "www.glimster.me" in a frame not belonging to it (by the technique called framing);
The insertion of an image belonging to the site "www.glimster.me" in a page not belonging to it (by the technique called inline linking).

Article 13 - General Operation of the platform Glimster

1) Gameplay

Glimster is a geolocalized social game for mobile phones and tablets. Glimster basic principles are the following: After installing and launched one of Glimster applications available on iOS or Android or logging in to the service at www.glimster.me, the user is geolocalized on a map and has to conquer available lands or attack occupied lands around his position. On each conquered territory the user can publish content (pictures, comments).
The goal is to conquer as much as possible territories.
To conquer, protect, attack a territory, the player must use, respectively, glimster (the eponymous game mascot), glim, or darkster.

2) Gold coins and glim

The glimster and darkster are obtained through gold coins (virtual currency of the game). The gold and glim are obtained by viewings ads or by in app purchases.
The purchasing parities and can be modified at any time by the Service without having to justify and without liability being incurred.
It is possible that the purchasing or advertising scheme provided by our partners might be unavailable by moment. Glimster can in no way be held responsible for this failure.
It is also possible that from time to time Glimster Service is unavailable due to poor Internet connectivity or geolocalization services. Glimster can in no way be held responsible for the connectivity to these services.

Article 14 - Applicable law - Attribution of jurisdiction

These Terms of Use are governed, interpreted and applied by French law.
The language of interpretation shall be French if challenged on the meaning of a term or provision of these Terms of Use.
You agree that all disputes between you and Glimster Services shall be governed by the laws of France, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Glimster Services must be resolved exclusively by a court located in Paris, France.

Confidentiality

1. Publisher

The website www.glimster.me is edited by:
Atomic Marlin
SAS with capital of € 30,000
RCS Paris 808 138 705
APE code: 5829A
Registered office: 66 avenue de la Grande Armée 75017 Paris, France
Publishing Director: Arnaud Duault, President
Contact mail: contact@glimster.me

2. Host

Google Ireland Limited,
Gordon House, Barrow Street, Dublin 4, Ireland
https://cloud.google.com/terms/

3. Personal data

We take your privacy very seriously. The www.glimster.me website respects your privacy and is registered with the National Commission for Information and Liberties (CNIL).
As such Atomic Marlin remains sole decision-maker as to the content posted on www.glimster.me and can unilaterally decide not to publish or delete a campaign that would contravene the principles listed below. Responsibility for Atomic Marlin cannot therefore be engaged in this respect.
The information you enter is used to enjoy different Glimster services. All precautions have been taken to archive your information in a secure environment.
Due to the very functioning of a website, some non-personal information may be collected as the page visited, the browser version (Netscape, Internet Explorer, etc.), your operating system (Windows, Mac, Linux, etc.) and your IP address.
Some information, comments or content (including photographs) that users can optionally provide may, under the responsibility of the user concerned, reveal the ethnic origin of the user, nationality and / or religion. By providing such information, all optional, the user concerned demonstrates his wish and, consequently, his explicit consent to the processing of those "sensitive" data by Glimster and freely takes the exclusive responsibility of it.
You have at any time the right to access, modify, rectify and delete data relating to you (art. 34 of the law "and Freedoms"). You can exercise this right by writing to contact@glimster.me.
Your profile information is accessible on Glimster. Accordingly, you expressly authorize Glimster to reproduce and distribute your data throughout all or part of Glimster Services. If you no longer want Glimster reproduce or distribute information about you, you may terminate your account in accordance with "Article 7 - Termination of your account" provided in the Terms & Conditions.

Data Collected on Glimster

We collect the following information when using the Service Glimster:
The information you have provided to us: When you register as a member of Glimster, we collect personally identifiable information, such as your name and email address. This information is needed to create your personal profile. As part of your personal profile, you can also submit or add more information and other content.
Information collected automatically: Glimster collects and stores information automatically transmitted by your computer, smartphone or tablet when using the Glimster services. This information includes cookies (see below) and your IP address. We also collect information about your use of Glimster services, including information on the features and services you use.

Use and Disclosure of Information

For the proper functioning of Glimster and to offer quality services, we use the following information:
We will post your personally identifiable information on your profile according to the preferences you selected. We will use your name to identify you in our database and customize the services offered. We will use your email address to contact you from time to time. We may also use it for safety reasons to confirmation that you are who you say you.
We may use the information collected automatically, such as your e-mail address and information stored via cookies, and information about your use of Glimster to obtain statistics on the number of visitors to the Glimster Services and customize content and layout of Glimster Services.
Affiliates, advertising partners and suppliers offer advertisements displayed on Glimster Services. Glimster can send them information about you and your use of Glimster, such as your IP address, information stored via cookies and other demographic information. This information can be used to offer you advertisements, promotions and other products and services of interest to you. Thank you to check out the Cookies section below to learn more about the options proposed by Glimster in terms of targeted advertising.
Our advertising and promotional partners do not have access to your name or personal details stored by Glimster. Glimster does not disclose your name or personal contact information to an advertising partner when you interact with it or when you view a targeted ad. We may provide your personally identifiable information, the data generated by cookies and the aggregate information to vendors and service agencies that we may engage to assist us in providing our services. These third parties will be required to use your personally identifiable information only in connection with the services they provide to us.
Personally identifiable information about you as a user of Glimster, including the contents of your online communications, may be accessed or disclosed in response to legal process; when Glimster believes that the Services are used in the commission of a crime; when Glimster has good reason to believe there is an emergency that threatens your safety or the safety of another person; or when this is necessary to protect the rights or property of Glimster, or to allow Glimster provide the service you requested.
Personally identifiable information collected in connection with your use of the Service may be stored in France or in other countries where Glimster has facilities. By using the Service, you expressly agree to the transfer to France and elsewhere personally identifiable information you provide to Glimster. By publicly posting information on the service, you certify that the information published comply with local laws on data protection.
Glimster reserves the right to transfer your personal information in case of transfer of ownership www.glimster.me, for example following a merger or acquisition by another company. If an acquiring company planned to change this privacy policy, Glimster would inform you beforehand.

Recommendations

If you choose to use the Service to recommend Glimster to a friend, we will ask you the name and email address for that friend. We then send the friend a one-time email inviting them to visit Glimster. Glimster stores and uses this information exclusively in the context of sending this one-time email.

Gathering information on other sites

This privacy statement applies solely to information collected by Glimster only.
Glimster contains links to other sites and services of which Glimster is not the owner. Thank you to understand that these websites have their own privacy policies and that Glimster is not responsible for their practices in terms of confidentiality. We encourage you to review the privacy statements of each site that collects personally identifiable information.
Glimster can sometimes use masking. It may happen that the address remains that of Glimster when you're on another site. In this case, it is the privacy policy of the other site that applies.

Your profile information on Glimster

By default, users can view your profile information (Name, Age, your photo, awards you've won, the places where you played), the Content posted by you and contact you via email internal Site.
You can always change the content in the app or on the website.
You can always change, block or report about a user demonstrating abusive behavior through contact@glimster.me.
If you decide to disclose your personal information to others on the Internet, you do so at your own risk. Glimster cannot be held responsible.

Internet awareness

When you post personal information in public spaces, such as online newspapers, weblogs, chat rooms and forums, you should be aware that this information is public and can be used to send you unsolicited messages. Glimster recommends that you use caution when you choose to disclose information on the Internet.

Children

Minors under 13 are not allowed to use Glimster and should not attempt to register on Glimster and / or submit any personal information. Glimster never voluntarily collects personal information from persons under the age of 13, and does not allow the latter to register. If we learn that we have collected personal information from a minor under the age of 13, we will delete it as soon as possible. If you have good reason to believe that this is the case, thank you to contact us via contact@glimster.me. Then we will delete such information.
We recommend that children aged from 13 to 17 years should never provide information about anyone on the Internet without the permission of their parents or legal guardians.

Security and Privacy

Glimster uses various security features to protect your data, including technical, administrative and physical. However, keep in mind that Glimster cannot guarantee the infallibility of the security measures. For example, we cannot control illegal activities and / or other unforeseeable users allowing them to circumvent the privacy or security devices on Glimster. Therefore you acknowledge having read that unauthorized persons can access your personal information.
The security of your personal information depends on protecting your account and your password. Thank you not to disclose the password for your account to unauthorized persons. No password is stored in clear on server Glimster.
Access to your personal information is restricted only to authorized employees as part as their work within Glimster.
If you discover a data security breach, or if you have any questions about the security of Glimster Service, thank you to contact us via contact@glimster.me.

Cookies

Cookies are a standard Internet technology.
Glimster uses cookies when you visit our site to prevent you from having to enter the same information for each new page.
Glimster and its advertising partners can implement cookies or use other technologies, such as "web beacons" (electronic files to count the number of visitors to a page or to access certain cookies) to place ads on Glimster. Glimster and its advertisers may also use third party ad networks to optimize the management and presentation of advertisements. These ad networks use cookies, "Web beacons" or similar technologies on your computer, smartphone or tablet to present better, to better target their advertisements and to measure their effectiveness, using data gathered over time and through their Web site networks to determine or predict the characteristics and preferences of their audience. Glimster may share certain non-personally identifiable information about you (such as user age and zip code) with ad network providers, to help them deliver more relevant advertisements through their ad networks.
Last Updated: May 6, 2015 in Paris, France