Update: June 5, 2019
Billy Games (hereinafter "Billy Games" or "We" ("Us", "Our")), is a company domiciled in Mansarde Rancée Nord - 97240 Le François - FRANCE . It is registered at the trade and corporate register of Fort-de-France under the number (en cours d'immatriculation) and is validly represented by Mr. Arnaut Billy as its Manager. VAT not applicable (i.e. not subject to VAT), article 293B of the French General Tax Code (CGI).
Billy Games is a company that creates and publishes Internet browser games, including its game "Quest Islands" (hereinafter "Quest Islands" or the "Game") and virtual digital content (hereinafter "Digital Content-s") that compose it. The Game is only available on the website "www.questislands.com" (hereinafter the "Website") published by Billy Games, it is intended solely for users having the status of non-commercial individuals (hereinafter "User-s" or "You" ("Your")).
Warning to Minors
Are you a minor? So read this carefully.
Article No. 1 - Purpose
The following additional documents and the clauses that they contain are expressly added to the present TOU:
- Our General Conditions of Sale, applicable for the only Users making purchases of Digital Content on the Website, accessible at any time at this address: https://www.questislands.com/en/general-conditions-on-sale/.
Article No. 2 - General provisions
YOU DECLARE TO BE ABLE TO CONTRACT LEGALLY UNDER FRENCH LAWS OR REPRESENT VALIDLY THE NON-COMMERCIAL PHYSICAL PERSON FOR WHICH YOU ARE ENGAGING.
YOU DECLARE TO HAVE REACHED YOUR MAJORITY IN ACCORDANCE WITH THE LEGISLATION OF YOUR COUNTRY OF RESIDENCE OR, IF YOU ARE MINOR, THAT YOUR LEGAL TUTOR AUTHORIZES YOU TO USE THE WEBSITE.
IF YOU ARE A PARENT OR LEGAL GUARDIAN AND YOU AGREE THAT YOUR CHILD USES THE WEBSITE, YOU AGREE TO THE CONSTRAINTS IN THESE TOU RELATING TO THE USE OF THE WEBSITE BY THE CHILD.
The acceptance of the present TOU is done in successive stages: at the moment of the access to the Game, the acceptance is tacit. A gaming account (hereinafter the "Account") is automatically delivered to the User. We assume that everyone will strive to respect, in a spirit of benevolence, the rules of use on the Internet and those specific to the Website. These are made available to the user systematically at the bottom of each page of the Website. Then, the acceptance becomes express and formal for all the Users when an update of the present ones is carried out, and when a User wishes to secure his Account. This acceptance is materialized by a checkbox, accompanied by an explanatory text containing the appropriate hypertext links. You should not check the box if You disagree with the TOU. If necessary, the refusal by the User of these TOU will result in the impossibility to continue the Game with the Account in use.
Billy Games reserves the right at any time to modify this document by the publication of a new version whose update date will be mentioned on this document. The new TOU will then be applicable to all Users as soon as they are posted. The new TOU will be subject to the acceptance of each User through a checkbox. In the event of disagreement, the access to his Account will be limited to the page of presentation of the new TOU, and, if he has secured his Account, to the page of modification of his personal data (https://www.questislands.com/en/my/pirate/), making it impossible his access to the different Digital Contents and to normal and complete use of the Game.
Any User who does not respect these TOU could see his account closed by Billy Games (cf. Article No. 9).
Article No. 3 - Technical requirements
Article No. 4 - Account creation and Game access
The User accessing the Game is automatically assigned an Account on the Website. Each User of the Website is considered as a member (hereinafter the "Member") of the Game. He then becomes a pirate (hereinafter the "Pirate"), according to the terminology of the Game inspired by the world of piracy of the 17th and 18th centuries.
If a Member does not comply with or no longer complies with the TOU, his Account may be closed by Billy Games (cf. Article No. 9).
Your Account is the property of Billy Games, which grants You rights of use under the conditions defined by these TOU. Only You have access to it using Your session token defined in Your cookies, or Your identifiers if You have a secure Account. Billy Games has no access to any password, each password is encrypted before it is registered on Our servers. This is why, if You have secured Your Account, We will never be able to send You Your password if You forget it: We do not know it. You will have to follow the procedure of forgetting password. Never communicate Your password to avoid any risk.
Securing an Account allows You to find Your progress on the Game on different devices and different browsers, and to no longer depend on the relative persistence of a session cookie to save Your progress on the Game. Securing an Account is not mandatory. If You wish to secure Your Account, You MUST IMPERATIVELY fill in an e-mail address that belongs exclusively to You and a password. Securing an Account MANDATORY requires the EXPRESS acceptance of these TOU by means of a check box, otherwise the securing can not be done. You can also define the nickname of Your choice (Your Pirate name) at the end of the securing process, provided that it is not already assigned. By default, Your Pirate name is created randomly on the basis of a pattern. The creation of a secure Account is mandatory to make purchases on the browser version of the Game.
To summarize, the rights of use that We grant You to an Account are conditioned by the presence of these mandatory information: a time zone, the history of Your IP addresses over a year, a name of Pirate, random or personalized if Your Account is secure, and if You choose to secure Your Account, a password and an e-mail address which belongs only to You exclusively. If You wish to delete one of these five information without replacing it with another valid one, We will access Your request but it will also mean the revocation of Your right of use on the Account: Your Account will be closed, You will not be able to use it anymore (cf. Article No. 9).
This paragraph is for those Members who have secured their Account. To log in to Your Account, You will need Your e-mail address OR Your Pirate name, as well as Your Password. You agree that the entry of Your identifiers is worth proof of Your identity. Your e-mail address is the only information that allows Us to contact You. It is obligatory that it is Your own and that it is valid. It is Your responsibility to keep Your personal information up to date. Your Pirate Name is subject to the rules governing User contributions (cf. Article No. 6).
Your Pirate name is unique and it is public: it is it that will serve You to be identified to other Users of the Game.
It is strictly forbidden to create an Account using any or all of the following ways: automated Account creation, spoofing of e-mail address.
The connection to an unsecured Account requires on Your device the presence of 2 cookies each containing a unique session token, they are named "PHPSESSID" and "REMEMBERME". If these cookies are deleted from Your browser, or You access the Game from another browser or device, a new Account will be created and assigned to You automatically, and We will no longer be able to link Your new Account to any Account used previously. As a result, the data in this old Account will not be deleted from Our server but will not be able to be attributed to You unless You find a way to prove to Us Your link to that old Account. We are not able to prove this link unilaterally with the automatic Accounts information, which is why We call this type of Account "Unsecured Accounts". When You use an unsecured Account, We have no way to contact You outside the Game, and We do not have the information to identify You personally. We simply have clues, with relative reliability, that are the IP addresses and information of the connection material (the "User Agent").
Article No. 5 - Secret Crew, Gems, Coins, Artefact, Avatar, Flag, Den
Secret Crews are groups of Pirates. In a secret Crew, some Pirates have more extensive rights to use their secret Crew than their teammates, they are the "officers". The name that You can assign to a secret Crew and its presentation are subject to the rules governing the contributions of Users (cf. Article No. 6).
Gems, Coins, Artefacts, Avatars, Flags and Dens are Digital Content of which Billy Games is and remains the exclusive owner. We allow You to benefit from a revocable right of use on these Digital Content. This right of use is limited to the Website only, it is conditioned by the existence of a right of use on the Account with which You acquire this right, and it is not transferable. Therefore, whether on the Website or outside the Website, and with the exception of the special cases dealt with in this article for uses internal to the Website, You have no right to exchange them, to give them, to sell them, to buy them, to lend them, or to pretend to do so on pain of exposing You to sanctions. In addition, Billy Games may modify, add or even delete Digital Content, including those for which You have obtained rights of use.
The Coins, Artefacts, Avatars, Flags and Dens are more specifically Game elements, that is, computer code forming virtual objects that have no value in the real world and that are used exclusively within the Game.
Coins are a virtual currency internal to the Website, from which You may acquire rights of use as You progress in the Game. Coins are used as currency for the acquisition of Game elements. More specifically, Your rights of use on Coins may be exchanged for a variable amount for Game element usage rights, either with other Pirates (in which case there is the transfer of Game element usage rights) or directly from Billy Games.
Gems are credits whose rights of use are exclusively exchangeable for rights of use on Game elements directly from Billy Games. You can also give Your rights of use of Gems to Your secret Crew, without any compensation, and without possibility to recover them if You are excluded from this secret Crew or You leave this secret Crew. Only the officers of a secret Crew are authorized to use the Gems accumulated by the said secret Crew, for the sole purpose of exchanging them for rights of use on Game items intended for secret Crews.
You can purchase usage rights on Gems exclusively at Billy Games. The sale of the Gems (ie the sale of the rights of use on Gems) is ruled by the General Conditions of Sale, which You must imperatively take note of and that You will have to accept before proceeding to any order.
The amount of usage rights on Gems or Coins required for the acquisition of usage rights on Game items may vary at any time without notice.
Game items You have obtained usage rights may not be exchanged or converted into usage rights on Gems or Coins. The only exception to this rule is the Artefacts You may assign Your usage right to another Pirate exclusively in exchange for a varying amount of his usage rights on Coins, but only on the Website and only in the places provided for this purpose.
Billy Games grants each Pirate, during the creation of his Account, rights of use on a certain number of Gems and Coins, as well as on an Avatar. With each creation of a secret Crew, Billy Games grants rights of use on a Flag and a Den to each Pirate who is member of the secret Crew. The number and quality of Digital Content whose usage rights are granted by Billy Games when creating an Account or a secret Crew are at the sole discretion of Billy Games, and may be subject to change at any time, without notice.
The rights of use of Gems and Game elements granted by Billy Games to a Pirate are extinguished in case of closure of the said Pirate's Account (cf. Article No. 9), the suppression by Billy Games of the Game elements concerned, or during exchanges authorized against other rights of use of Digital Content on the Website. The rights of use of Gems and Game elements granted by Billy Games to the members of a secret Crew are extinguished in the event of the dissolution of the said secret Crew or the removal by Billy Games of the Game elements. In addition, the Pirates officers of a secret Crew lose their right to use the Gems of the secret Crew when they are no longer officers of the secret Crew or when they leave the secret Crew.
Article No. 6 - User contributions
Users' contributions to the Website (hereinafter the "Contributions") are all forms of written, visual or audio expression accessible by at least one other User. Your Contributions concern therefore Your private messages, the conversation with Your secret Crew, Your candidacies to the secret Crews, the presentation of Your secret Crew, but also the name of Your Pirate and the name of Your secret Crew.
Any Contribution must respect the following requirements:
- not to be defamatory, malicious, slanderous, threatening or to infringe on the privacy of others;
- not be hateful, violent, vulgar, obscene or explicitly sexual;
- not to discriminate against a third party, whether by age, physical appearance, ethnicity, nationality, race or religion, health status, sexual identity, sexual orientation, pregnancy, marital status, disability, surname (We recommend You never communicate it), sex, union activities, genetic characteristics, morals, political opinions, origin or place of residence (We recommend that You be relatively vague if You wish to publish a geographical indication of Your place of residence);
- not to violate the rights of any third party, including, but not limited to, in terms of human dignity, identity theft, physical and mental integrity, and intellectual property;
- not to encourage or advocate illegal activities, or to give the impression of committing or wanting to commit them;
- not soliciting or advertising any activity whatsoever, including, but not limited to, commercial, political, religious (prohibited proselytism), for the benefit of a private organization, whether formal or non-formal;
- not contain any viruses or other harmful elements that are damaging the Website or that prevent another User from using the Website;
- not to be part of a large volume of Contributions with a malicious aim of network overload ("flood");
- not to be sent in bulk to the same User or to different Users (does not apply by nature to the names of Pirates and secret Crews);
- be written in such a way as to be understood by as many people as possible and with the respect of the orthographic and grammatical rules in force;
- do not suggest that You have any role on the Website, in the Game or at Billy Games, if this is not the case;
- do not seek to circumvent all applicable rules by any means whatsoever;
For reasons of consistency of the Game or good understanding between Users, We add specific rules to the name of the Pirates and secret Crews. The name that You give to Your Pirate or secret Crew must respect, in addition to the preceding rules, these additional rules:
- not to resemble any Pirate or User name who is an administrator or moderator of the Website;
- do not let appear Your surname (Your last name);
- do not try to deliberately imitate the name of another Pirate or secret Crew in order to harm him.
Billy Games can not be held responsible if You violate these rules. The moderation that We exercise is done afterwards.
We reserve the right to evaluate by Ourselves the compliance of each Contribution with respect to all the rules in force on the Website. If necessary, We may modify or even eliminate any Contribution contravening these rules and establish the consequences for the User in his use of the Website (cf. Article No. 7).
You have the possibility to report the contributions of other Users: on the page of presentation of a Pirate (to report a name of Pirate), on the page of presentation of a secret Crew (to report a Crew name or a Crew presentation), on each of Your private messages and on each Crew message (to signal a message), and finally on each cover letter sent to Your secret Crew. We will give the best to process Your reports as soon as possible. Any abuse will be punished.
Article No. 7 - Sanctions
The blocking by Billy Games of the access to the Website of a User is the sanction envisaged for the actions leading to compromise the integrity of the Game or causing to compromise the normal use of the Website by all or some of the Users. This sanction is accompanied by the closure of the User's Account if he has one. This concerns the attempt to use or the use of any technical process with the followinf probable or proven consequences:
- the alteration of internal mechanisms of the Website;
- the manipulation of data or access to data other than the User's personal data or the ones necessary for its normal use of the Website (including, but not limited to, in terms of Account theft, theft of identity, unauthorized access to Our databases, manipulation of the data transfer protocol);
- an excessive load on the technical capacities of the Website or the Game.
The closing of Your Account is a definitive action to which Billy Games may resort in sanction for serious mistakes committed by a User, including, but not limited to:
- the attempt or the making of fraudulent payment;
- a payment made without the authorization of the holder of the method of payment used;
- the attempt or the realization of exploitation of bugs or faults in the mechanisms of the Website leading to an abnormal use of the Website or to an abnormal progression in the Game;
- the attempt or the actual use of scripts or any technical process aiming to automate the actions of the User on the Website or to interact with the Website;
- inaccurate information of any personal data;
- multiple recidivism of significant misconduct despite warnings or prior sanctions;
- in general, any illegal action on the Website or involving Billy Games, its members and partners outside the Website;
For any fault committed, or for any suspicion of fault when checks on Your Account are necessary, Billy Games may also suspend Your Account temporarily, for a duration proportional to the gravity of the fault concerned or for a duration corresponding to the needs of the investigation. The suspension period is a minimum of 24 hours and a maximum of two weeks.
Billy Games may suspend Your ability to send and receive private messages for a minimum of 24 hours and up to two weeks.
For the slightest mistakes, Billy Games can simply send You a warning.
Billy Games may also revoke Your right to use any Digital Content, including, but not limited to, Gems for which You may have paid user fees, if it appears that said Digital Content has been acquired in violation of the rules in force.
Billy Games may also freely rectify any information specific to Your Pirate and its evolution in the Game, including, but not limited to, Your Xp or Your rankings, if it turns out that they are the result of an action that contravenes the rules in force.
Finally, Billy Games may at any time and without notice modify Your Account (with the exception of Your e-mail address and Your password) and Your Contributions, if said Account or Contributions contain contravening information to the rules in force.
Please note that penalties apply even if a User has rights to use Digital Content (including Gems or Coins).
No User subject to sanction may request or obtain any compensation from Billy Games. On the other hand, Users whose Account has been suspended for the duration of an investigation that will not have found fault, will be compensated by Billy Games in a way it will define alone.
Article No. 8 - Personal data
Article No. 9 - Closing account
Closing an Account consists of four simultaneous steps:
- its deactivation (no one will be able to access it);
- the deletion of all personal data contained (deletion of e-mail address, password, Pirate name, time zone, country of residence, preferred currency, address history IP);
- the revocation of the User's right of use on the said Account (he no longer has any rights to this Account).
- the revocation of the User's right of use on all Digital Content for which he has obtained rights of use, these rights being linked to the use of the Account. He will no longer have any right of use including on Digital Content that he would have purchased (Gems), or obtained in any way whatsoever with said Account.
No User who is the subject of an Account closure may request or obtain any compensation from Billy Games due to the extinction of his rights of use, including those he would have acquired on a costly basis from Billy Games.
Billy Games, who still remains the owner of the same Account, even closed, will then assign a neutral name to this Account.
Two scenarios allow the closure of an Account: the express request of the User who holds the rights of use, or on the initiative of Billy Games.
The User who holds the rights to use an Account may expressly request, without having to justify in any way, that Billy Games closes the Account. The User who requests that We delete mandatory information, that is, cumulatively or not cumulatively, his e-mail address, his Pirate name, his time zone, his password, without replacing them with new valid information, will in fact request the revocation of his right of use on his Account, and thus the closing of his Account. You may request to close Your Account by e-mail at email@example.com, only by using the e-mail address entered on Your Account, and enclosing a signed copy of Your identity card.
The closing of an Account can be done on the initiative of Billy Games in sanction of a fault committed by the User (cf. Article No. 7).
Article No. 10 - Liability of the parties
BILLY GAMES PROVIDES THE WEBSITE AND ITS DIGITAL CONTENT "AS IS". YOU AGREE THAT THE USE OF THE WEBSITE AND ITS DIGITAL CONTENT IS AT YOUR OWN RISK AND UNDER YOUR ENTIRE LIABILITY, BILLY GAMES CAN NOT BE HELD RESPONSIBLE FOR YOUR USE.
BILLY GAMES DISCLAIMS ANY LIABILITY FOR NON-COMPLIANCE BY THE USER OF THESE TOU.
Billy Games declines any responsibility in case of inaccuracy, omission or forgetfulness on the part of the User concerning his personal data.
You acknowledge that You are solely responsible for Your actions on the Website, including, but not limited to, Your Contributions. Any legal action taken by a third party against the Website will be borne by the User.
Without this being any guarantee on Our part, Billy Games is committed to producing its best efforts to secure the access, the consultation and the use of the Website and its Digital Content, including the correction of reported computer errors. Our obligation is an obligation of means, not results.
The Website is accessible at all times, except in cases of force majeure (cf. Article No. 12), and subject to any breakdown or maintenance required for the proper functioning of the Website. Maintenance interventions may be carried out without prior notice, even if We will do Our best to inform You sufficiently in advance.
Billy Games can not be held liable for interruptions in services due to the characteristics of the Internet network, especially in the case of interruption of access networks, technical performance and response times to consult, query or transfer data contained on the Website, including its Digital Content.
Due to the intrinsic characteristics of the Internet, Billy Games does not guarantee You against the risks of misappropriation, intrusion, contamination and piracy of Your data, and any damage to Your computer or mobile device following the use of the Website. It is Your responsibility to take all appropriate measures to protect Your data, software and files, especially against computer viruses.
It is Your responsibility to take all necessary measures to ensure that the technical characteristics of Your equipment, and in particular the configuration required to access the Website (cf. Article No. 3), allow You to use Our Digital Content properly.
Billy Games can not be held responsible for any direct or indirect damage that may result from browsing the Website or from content posted on the Website.
THE USER EXPRESSLY ACKNOWLEDGES THAT HE CAN NOT OBTAIN ANY INDEMNITY, COMPENSATION OR REFUND AFTER THE INTERRUPTION, SUSPENSION OR MODIFICATION OF THIS AGREEMENT.
Article No. 11 - Intellectual property
The Website, its presentation, its content, its computer code, all its data, logos, trademarks, and other content of the Website (hereinafter collectively the "Original Material") are, unless otherwise indicated, the property of Billy Games and are protected by international laws, by the French Code of Intellectual Property and more particularly by copyright.
Therefore, unless otherwise indicated, the followings are strictly prohibited without the express prior written consent of Billy Games: any reproduction, adaptation, use, translation and any communication to the public of the Original Material, under pain of prosecution. Use of the Website and / or its content for commercial purposes is strictly prohibited.
Some works are not the property of Billy Games, and belong to various authors. In addition, Billy Games freely distributes certain of its contents under a public license. To see a detailed presentation of the works used on the Website, their respective authors and the licenses attached to them, please consult Our Credits.
Article No. 12 - Force majeure
The occurrence of a case of force majeure has the effect of suspending the performance of the contractual obligations of Billy Games.
Constitutes a case of force majeure any event beyond the control of Billy Games and hindering the normal operation of its activity.
Article No. 13 - Partial nullity and non-waiver
The nullity of a contractual clause does not entail the nullity of the present TOU, the other clauses will retain all their force and all their range.
In addition, the fact that Billy Games does not avail itself temporarily of one or more clauses of this TOU can not be interpreted as a waiver of Billy Games to avail itself of it in the future.
Article No. 14 - Hypertext links
Article No. 15 - Applicable law and dispute resolution
These TOU are governed by French law and any conflict under it will have to be resolved in accordance with French law.
In case of translation of these TOU, only the French version will prevail.
The parties undertake to do their utmost to settle any dispute amicably. In case of failure, the French courts will be competent.
Article No. 16 - Health of the User
Read before using a video game by Yourself or Your child.
Some people may experience epileptic seizures or loss of consciousness when seeing certain types of flashing lights or items common in our everyday environment. These people are exposed to seizures when they watch certain television images or when they play certain video games. These phenomena may appear even when the subject has no medical history or has never been confronted with an epileptic seizure.
If You or a member of Your family has previously experienced symptoms related to epilepsy (seizures or unconsciousness) with light stimulation, please consult Your doctor before use.
We advise parents to be attentive to their children when playing video games. If You or Your child have any of the following symptoms: dizziness, blurred vision, eye or muscle contraction, loss of consciousness, impaired orientation, involuntary movement or convulsion, please stop playing immediately and consult Your doctor.
Precautions to be taken in all cases for the use of a video game:
- When using a video game, play a good distance from the screen;
- Preferably use video games on a small screen;
- Avoid playing if You are tired or if You miss sleep;
- Make sure You play in a well-lit room;
- When You play, take breaks of ten to fifteen minutes every hour.
Article No. 17 - Support technique et Service client
You can contact Us by the following means:
by email to: firstname.lastname@example.org ;
by post to the following address:
Billy Games - Service Clients
Mansarde Rancée Nord
97240 Le François