TERMS AND CONDITIONS OF USE OF THE JYROS TOOL
FROM THE WEBSITE WWW.JYROS-VIDEOGAME.COM
APPLICABLE FROM OCTOBER 01, 2023
To support the environmental transition of the video game industry, the “National Consortium for Video Games for the Environment” has been formed around eight (8) regional associations: Atlangames, Bouftang, Capital Games, East Games, Game In, Game Only, Push Start, and SO Games, as well as the National Syndicate of Video Games and the Syndicate of Leisure Software Editors, to create and provide a tool, called ” JYROS,” for measuring environmental impact dedicated to the video game industry.
JYROS is a free tool for companies in the video game sector, allowing users to measure their main environmental impact factors in their production chain.
Access and use of said tool and associated services are subject to these terms and conditions of use and imply the express, prior, full, and complete acceptance by users of these.
The aforementioned consortium recommends that users keep a printed version of the terms and conditions of use applicable at the time of using the aforementioned tool and services for their personal records.
Article 1: Definitions
In the context of these terms and conditions of use, the terms used below have the following meanings, whether used in the singular or plural:
- “Credentials ”: refers to the user’s email address, as well as the confidential code or password allowing the user to access their Account;
- “Consortium ”: refers to the “National Consortium for Video Games for the Environment” composed of eight (8) regional associations: Atlangames, Bouftang, Capital Games, East Games, Game In, Game Only, Push Start, and SO Games, as well as the National Syndicate of Video Games and the Syndicate of Leisure Software Editors;
- “Tool ”: refers to the tool called “ JYROS ” which is an internal self-assessment tool to help companies in the video game sector measure the main environmental impact factors in their production chain. The tool is available for free. The tool includes, in particular, all data, databases, computer components, graphic design (including projects, mock-ups, prototypes), infrastructure as well as content (including texts, still or animated images, videos, and databases) belonging to the National Consortium of Video Games for the Environment;
- “Services ”: refers to all services offered by the Consortium through access to the website and allowing users, once they have created an Account, to use the Tool, in particular:
- to access sections related to users’ premises and games;
- to complete said sections with user information;
- to create reports;
- to read and consult articles available via the website;
- to watch videos available via the website;
- to access a help center related to the Tool;
- to store information.
- “Website ”: refers to the website accessible at the following address: www.jyros-videogame.com, and from which users can access the Tool and Services;
- “Smartphone ”: refers to smart mobile phones allowing access to websites via the Internet;
- “Tablet ”: refers to touch screens allowing access to websites via the Internet;
- “User ” : refers to any natural or legal person, regardless of their location and the methods of connection to the Tool, acting as a professional in the video game industry, who has created an Account professionally and who accesses the Tool, Services, and the Website.
Article 2: Purpose – Enforceability
- define the terms and conditions under which users access the Tool and/or Services,
- present the terms applicable to any process carried out by users through the Tool and/or Services.
IMPORTANT: NOTE TO USERS
Article 4 – Interest of the Tool and Services
The Tool assists the user in measuring their main environmental impact factors in their production chain.
The Services aim to allow users to create reports on this subject after filling in various sections related to users’ premises and games.
In this regard, the Consortium strives, as far as possible, to provide accurate, relevant, and understandable information. However, the Website, the Tool, and/or the Services are not intended to replace professional services and opinions required for this type of approach. The results obtained should not in any case serve as a basis for legal, economic, and/or strategic decisions crucial for users. The information from the Tool is provided for indicative purposes, and users are solely responsible for their use of the Tool and Services and assume the direct or indirect consequences of the use of results and reports, reports, and generally information from the Tool and Services.
Article 5: Prerequisites for the Use of the Tool and Services
5.1- The use of the Tool and Services requires that Users:
- Have a secure internet connection, especially in the case of wireless access; Users must activate the most reliable technical security measures provided by their internet service provider.
- Have a valid email address.
- Possess a computer, smartphone, and/or tablet connected to an internet network.
- Access the Tool and/or Services via the Website.
5.2- Users guarantee that they have the legal capacity to use the Tool and Services, specifically:
- For individuals, be eighteen (18) years or older.
- For individuals, have legal capacity and full possession of their intellectual or cognitive abilities (not being in a state of dependence, under guardianship and/or curatorship, etc.).
- Not be a competitor of the Consortium and/or not use the Tool and Services to compete with the Consortium, fraudulently, and/or in a way that harms the interests of the Consortium.
5.3- Users undertake to use the Tool and Services personally for their own professional needs and acknowledge having the competence to use and access them.
Article 6: Account Creation
6.1- To access the Tool and Services, Users must create an Account. Users commit to creating only one Account in their name. To create their Account, Users must visit the Website and provide:
- A valid email address.
- Create a unique and personal password for accessing their Account, the Tool, and the Services.
- First name and last name.
- Company name.
The Account is opened upon successful validation of the registration form.
6.2- The Consortium encourages Users to use “strong” passwords, combining numbers, letters, symbols, as well as uppercase and lowercase letters. Users are solely responsible for the protection of their credentials. If any part of the Identifier is lost or stolen, Users must promptly inform the Consortium, which will then cancel and/or update the relevant Identifier.
Once the Account is created, Users can access the Tool and Services. Users can modify their Account at any time by clicking on the “edit profile” and/or “change password” tabs.
Users commit to providing true, accurate, up-to-date, and complete information, especially regarding their identity. The Consortium is not responsible for the accuracy or reliability of the information provided by Users.
In case Users provide false, inaccurate, outdated, incomplete, misleading, or deceptive information, the Consortium may immediately, without notice or compensation, delete the fraudulent Account and refuse access, temporarily or permanently, to the Tool and Services.
Article 7: Conditions and Modalities of Use of the Tool and Services
The conditions and practical modalities of using the Tool and Services are accessible by consulting the user guide available at the following address www.jyros-jeuvideo.com and/or through training provided to Users in webinars and/or via videos/tutorials accessible on the same website.
7.1- Use of the Tool and Linked Services
7.1.1- Use of the “Locals” Section
Once logged into their Account, Users are prompted to click on various sections, including the “Locals” section. In this section, Users must answer various questions about their premises, such as the site name, country, studied year, number of full-time employees, and whether a policy of generalized telecommuting (100% of employees working remotely) is in place.
7.1.2- Use of the “Games” Section
Similarly, Users, when logged in, are invited to click on various sections, including the “Games” section. Here, Users answer questions about their games, such as the game name, studied year, supported platforms (PC, console, mobile, cloud gaming), and whether the game is a demo.
7.1.3- Use of the “Annual Reports” Section
Upon login, Users can click on different sections, including the “Annual Reports” section. Here, Users can generate reports based on data obtained in the “Locals” and “Games” sections.
7.2- Use of the Service linked to Articles
Articles in various forms (editorial, report, interview, brief, etc.) may be disseminated via the Website. These are written by the Consortium and made available to Users for reading. To access articles, Users click on the corresponding section.
The articles are the exclusive property of the Consortium and/or their authors and/or Consortium partners, and their dissemination via the Website should not be considered as the granting and/or transfer of any rights to Users. Consequently, Users undertake not to infringe on the rights of the owners of articles, particularly by reproducing them in whole or in part.
7.3- Use of the Service linked to Videos
Videos can be broadcast via the Website, produced by the Consortium or external contributors. Users can watch these videos by clicking on the corresponding section. The videos are the exclusive property of the Consortium and/or their authors and/or Consortium partners, and their dissemination via the Website should not be considered as the granting and/or transfer of any rights to Users. Consequently, Users undertake not to infringe on the rights of the owners of videos, particularly by reproducing them in whole or in part.
7.4- Other Services
Users have the option to store information generated by the Tool (data, results, reports) hosted by the Consortium via Scaleway Dedibox.
Article 8: Duration of Access to the Website, the Tool, and/or Services
The Consortium makes its best efforts to ensure that the Website, the Tool, and/or Services are accessible 24/7, subject to possible breakdowns, maintenance interventions, and necessary updates.
However, the Consortium cannot guarantee continuous access to the Website, the Tool, and/or Services due to the nature of internet access and operational elements beyond the Consortium’s control or resulting from force majeure events.
Article 9: Interruption of the Tool, the Website, and/or Services
9.1- The Consortium reserves the right to interrupt the operation of all or part of the Tool, the Website, and/or all or part of the Services at any time, with or without notification, particularly for the purpose of corrective and evolutionary maintenance, or to evolve their content or presentation. Whenever possible, the Consortium will inform Users in advance of any significant operation of corrective or evolutionary maintenance.
Furthermore, Users acknowledge that the Tool, the Website, and/or the Services may be interrupted for reasons beyond the control of the Consortium, and therefore, the Consortium cannot guarantee continuous access to the Tool, the Website, and/or the Services.
In any case, the Consortium cannot be held responsible for any interruption and/or malfunction of the Tool, the Website, and/or the Services, regardless of the cause.
9.2- Users are invited to inform the Consortium of any technical problems they encounter during their navigation and/or use of the Tool, the Website, and/or the Services by writing to the following address and describing the problem:email@example.com
Article 10: General Commitments of Users – Restrictions
10.2- In the use of the Tool, the Website, and/or the Services, Users undertake, in particular:
- To provide accurate, complete, and truthful data and to update it systematically in case of changes;
- To comply with the prerequisites for their use;
- To respect the image and reputation of the Consortium and its members;
- Not to create or attempt to create fake accounts;
- Not to modify or alter all or part of the Tool, the Website, and/or the Services;
- Not to restrict in any way their use and not to falsify any mention or element;
- Not to distribute or attempt to distribute computer viruses or any other harmful elements through them;
- Not to intrude into a computer system, not to alter the content or commit any of the offenses punishable by Articles 323-1 and 323-7 of the Penal Code (“hacking”), not to engage in the mass sending of unsolicited messages, a practice punished by Article 226-18 of the Penal Code;
- Not to extract the content and their database, notably using automated programs;
- Not to attempt to recreate all or part of the Tool, the Website, and/or the Services through reverse engineering techniques;
- Not to transmit their personal password to a third party;
- Not to use them for purposes contrary to the applicable rules and infringe on the rights of third parties (including intellectual property and privacy);
- In general, report any content that does not comply with the Consortium’s standards and/or is suspicious and/or illegal. The relevant content and the procedure to follow are described by the government directly on the following site:https://www.interieur.gouv.fr/A-votre-service/Ma-securite/Conseils-pratiques/Sur-internet/Signaler-un-contenu-suspect-ou-illicite-avec-PHAROS;
- Not to attempt and refrain from circumventing, disabling, or otherwise disrupting any security-related function, or preventing or restricting the use or copying of the content, or imposing limitations on the use of the Website, the Tool and/or the Services or the content accessible from the Website, the Tool, and/or the Services;
- Not to use the Website, the Tool, and/or the Services for commercial purposes;
- Not to distribute all or part of the Website, the Tool, and/or the Services, including the content, on any other medium, without the prior written authorization of the Consortium;
- To respect other Users;
- In general, not to harm the Consortium and/or any User.
10.3– The Consortium reserves the right to delete a User’s Account and/or their access to the Website, the Tool, and/or the Services without notice and without prejudice to other rights and actions it may claim if the User uses the Website, the Tool, and/or the Services inappropriately.
10.4– The use by Users of images from the Tool, logos associated with the Tool, visuals or animations of the Tool, or any other elements of intellectual property protected, owned, or controlled by the Consortium (collectively, the “Tool Elements”) in any communication, sponsorship, advertising, promotion, or marketing operation with a third party is prohibited.
10.5– The Website, the Tool, and/or the Services may provide links, applications to other websites, or other sources of information managed by partner sites.
As the Consortium cannot control these partner services and external sources, the Consortium informs Users that it makes no commitment regarding the availability and content of these sites and external sources, and disclaims any responsibility for the content, advertisements, products, services, or any other material available on or from these sites or external sources.
The Consortium also disclaims any responsibility for proven or alleged damages or losses, consequential or related to the use, or reliance on the content, goods, or services available on these partner services or external sources.
Article 11: User Responsibility
11.1- Users are solely responsible for choosing to use the Website, the Tool, and/or the Services and their suitability for their needs, securing their computer system, and backing up their data.
Additionally, they are personally responsible for the use of the Website, the Tool, and/or the Services, as well as the information provided, especially in the creation of their Account and the use of the Tool and/or Services.
Article 12: Consortium Responsibility – Guarantees granted by the Consortium
12.1.1- The use of the Tool, the Website, and/or the Services is at the Users’ own risk.
Users are solely responsible for the use of the Website, the Tool, and/or the Services and their suitability for their needs, as well as securing their computer network and backing up their data.
Users act under their sole responsibility in their relationships with third parties in the use of the Website, the Tool, and/or the Services. In no case does the Consortium assume any obligation of results related to the provision of the Website, the Tool, and/or the Services by the Consortium.
12.1.2- In particular, in the context of responding to questions asked through the help forum as stipulated in Article 7.2, it is expressly understood that the Consortium offers a service of intermediation to Users by allowing them to exchange and/or help each other but does not control the responses and/or the conditions of the help offered via the forum. The Consortium does not guarantee the content of Users’ publications and/or the quality of the assistance provided. The Consortium simply provides a service to connect Users. In this regard, the Consortium is not subject to any obligation of results.
12.1.4- The Consortium cannot be held responsible for direct or indirect damages, losses, or expenses resulting from the use of the Website, the Tool, and/or the Services, or the inability to use them, or malfunction, interruption due to maintenance, technical server failure, or related to an interruption of internet access or for any other reason, virus, or a problem with the line or system.
The Consortium cannot be held responsible for any damage to Users’ computer systems, data losses, or any other damage resulting from access to or use of the Website, the Tool, and/or the Services by Users.
Furthermore, the Consortium cannot be held responsible towards Users, to the maximum extent permitted by applicable laws in force in France:
- For any indirect damage that may be caused to them, including any loss of profit (whether direct or indirect), loss of customer base or commercial reputation, or any loss of data that Users may suffer;
- For any loss or damage they may suffer, particularly due to:
- The trust placed in the completeness, accuracy of the information provided through the Tool and/or Services;
- Any changes that the Consortium may make to the Website, the Tool, and/or the Services in general, or any temporary or definitive removal of the Tool and/or Services;
- Users’ failure to communicate precise information regarding their Account;
- Inaccuracy of the data published, if applicable;
- Access or use or inability to use or access the Tool and Services in general;
- Users’ inability to securely and confidentially retain a password or the information provided in the Account creation process.
USERS UNDERSTAND AND ACCEPT:
- THAT THE TOOL AND THE SERVICES OF THE WEBSITE ARE PROVIDED “AS IS.” FURTHERMORE, THE CONSORTIUM CANNOT GUARANTEE THE CONSEQUENCES OF THE USE OF THE TOOL AND SERVICES;
- THAT IT IS THEIR RESPONSIBILITY TO TAKE ALL APPROPRIATE MEASURES TO PROTECT THEIR DATA AND/OR SOFTWARE FROM CONTAMINATION BY ANY POTENTIAL VIRUSES CIRCULATING THROUGH THE TOOL AND/OR SERVICES (SERVERS, ETC);
- IN PARTICULAR, THAT THE CONSORTIUM DOES NOT GUARANTEE:
- THAT THE WEBSITE, THE TOOL, AND/OR THE SERVICES MEET USERS’ EXPECTATIONS;
- THAT THE WEBSITE, THE TOOL, AND/OR THE SERVICES WILL OPERATE WITHOUT INTERRUPTION, SECURELY, OR WITHOUT ERROR;
- THAT THE RESULTS ARISING FROM THE DATA COLLECTED BY THE DIFFERENT SECTIONS OF THE TOOL ARE COMPLETE, COMPREHENSIVE, TRUTHFUL, ACCURATE, AND RELIABLE.
Article 13: Personal Data
In accordance with Law No. 78-17 of January 6, 1978, as amended, relating to information technology, files, and freedoms, known as the “information technology and freedoms” law, and Regulation (EU) 2016/679 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, Users are informed that the Consortium processes their personal data by automated means for the purpose of using the Tool and Services when creating an Account.
The personal data collected for the creation of the Account includes the following information: name, first name, company, and email address of the User. They are necessary for access to the Tool and Services. They are kept as long as the management of the Account requires this personal data. The recipients of this personal data are the employees of the Consortium.
Each User has the rights of access, modification, rectification, limitation, portability, and deletion of their data, as well as a right of opposition. For this purpose, it is necessary to contact the support service by email at the following address: firstname.lastname@example.org. It is recalled that regarding the rectifications and updates of the data relating to their Account, Users proceed directly to the necessary modifications and deletions on their own Account.
Access and use of the Website, the Tool, and the Services offered by the Consortium are valid for an indefinite period from the creation of the User’s Account, unless terminated by the User or by the Consortium according to the modalities provided below.
- The Consortium is compelled to do so by applicable law.
This termination may result, at the Consortium’s discretion, in the deletion of Users’ Accounts and will have the same consequences as those provided for in Article 15 below.
Article 15: Account Deletion
15.1- Users’ Accounts remain active as long as they are registered on the Website.
Once the User deletes their Account, and/or the Consortium blocks it, access to the Tool and Services is disabled.
15.2- Users retain the option to delete their Account on the Website at any time, without stating a reason.
To do so, they can go directly to their Account and delete it.
Deleting an Account leads to the permanent and irreversible deletion of all the information it contains.
15.3- Deleting an Account does not prevent Users from re-registering and creating a new Account.
Article 16: Intellectual Property
16.1- The Consortium grants Users, for personal use, the non-exclusive, non-transferable right, free of charge, for the duration specified in Article 14, to use the Tool, with the understanding that they are prohibited – directly or indirectly – from copying, modifying, creating a derivative work, reversing the design or assembly, selling, assigning, sublicensing, or transferring in any way any right related to the Tool.
Users agree not to modify the Tool in any way and/or not to use modified versions of it, especially (but not limited to) for gaining unauthorized access. In particular, Users agree not to access the Tool and Services by any means other than the Website.
Users are informed and acknowledge that the Tool may contain confidential information or information protected by intellectual property rights or other laws. Users undertake not to modify, rent, borrow, sell, distribute this content, or create derivative works incorporating all or part of this content, unless they have received express permission from the Consortium.
16.2- The Tool, the Website, and/or the Services contain texts, images, animations that are the exclusive property of the Consortium (hereinafter ” Intellectual Property Elements“). Intellectual Property Elements are made available to Users, free of charge, for the duration of Article 14, for the sole use of the Tool, the Website, and/or the Services and within the framework of normal use of their functionalities and in accordance with these terms.
This authorization to use the Intellectual Property Elements is for personal, non-exclusive, free, and non-transferable use. The Consortium may revoke this authorization to use the Intellectual Property Elements at any time.
Users are prohibited – directly or indirectly – from copying, modifying, creating a derivative work, selling, assigning, sublicensing, or transferring any right related to the Intellectual Property Elements. Users undertake not to modify the Intellectual Property Elements in any way.
In the event of non-compliant or abusive use of the Intellectual Property Elements, the Consortium reserves all legal avenues to stop the infringement of its intellectual property rights and to delete and/or disable User Accounts under the conditions of Article 15.4 above.
16.3- Certain elements (including texts, illustrations, photographs, and videos) on the Website are protected by laws relating to intellectual property, especially copyright, and are the exclusive property of the Consortium and/or its partners.
Likewise, trademarks, logos, graphics, and animations on the Website are the exclusive intellectual property of the Consortium.
In case of use and/or reproduction of these elements by Users, the Consortium reserves all legal avenues to stop the infringement of its intellectual property rights and to delete User Accounts under the conditions of Article 15.4 above.
Similar to Intellectual Property Elements, Users undertake not to copy, modify, use, sell, distribute this content or create derivative works incorporating all or part of this content, unless they have previously received express permission from the Consortium, which owns the intellectual property rights related to this content.
Article 17: Miscellaneous
Article 18: Applicable Law
For any difficulty and/or question regarding the Tool, Services, and/or the Website, Users are invited to send an email to the following address:email@example.com
Version of January 29, 2024