General terms and conditions of use

Applicable from 31 July 2024

ARTICLE 1. PURPOSE AND ACCEPTANCE

1.1.            These General Terms and Conditions of Use (hereinafter the “GCU”) cover the use of your Focus Together Account, which can be accessed by clicking here.

1.2.            They are published by Focus Entertainment Publishing, société par actions simplifiée [simplified joint stock company] registered under No. 898 472 170 in the Trade and Companies Register of PARIS, and its parent company PulluP Entertainment, société anonyme à conseil d’administration [public limited company with board of directors], with share capital of €7,795,831.20 euros, registered in the Trade and Companies Register of Paris under No. 399 856 277, both established at Parc du Pont de Flandre, Bâtiment 28 “Le Beauvaisis”, 11 rue de Cambrai, 75019 PARIS (France). The terms “Focus”, “we” or “our” hereinafter refer, collectively or individually, to PulluP Entertainment and Focus Entertainment Publishing.

1.3.            The GCU is a binding agreement between you, as a natural person, and Focus.

1.4.            Any use of the Focus Together Account and its Products and Services implies the acceptance, without restriction or reservation, of these GCU as well as the knowledge of the General Personal Data Protection Policy (GPDP), which forms an integral part of these GTCU.

1.5.            The GCU come into force upon the creation of your Focus Together Account, and constitute a binding agreement between you, as a natural person, and Focus. If you do not accept the GCU in their entirety or submit reservations, you are responsible for leaving the page dedicated to the Focus Together Account.

1.6.            Focus reserves the right to modify these GCU at any time. In the event of substantial changes, Focus undertakes to notify you thereof through the Focus Together Account. It is your responsibility to regularly consult your Account in order to read any updates or changes to the GCU, which take effect as soon as they are posted online. Focus also reserves the right to modify, interrupt or suspend all or part of the features or Protected Content of the Account, at any time and without notice. Focus cannot be held liable for such changes.

ARTICLE 2. DEFINITIONS

In the GCU, the terms below will have the following associated meanings:

“Code of Conduct” refers to the rules of use and moderation relating to the Community Platform which can be accessed by clicking here.

“Focus Together Account” and “Account” means the personal user account opened by a User to make use of the Products and Services made available at https://account.focus-entmt.com/.

“Third Party Account(s)” refers to the User’s accounts created on Third Party Websites (i.e., but not limited to, Steam, Xbox, PlayStation, Epic Games, Facebook, Google) and with which they may link their

Focus Together Account to allow faster connection to the Sites, and/or to allow Focus to access their preferences and gaming activities.

“Protected Content” refers to all content personalised and made available by Focus on the Websites, the Focus Together Account and the associated Products and Services, and which remain the exclusive property of Focus. This Protected Content includes, but is not limited to, any image, sound, video, photograph, article, logo, registered trademark or pending registration, graphic, textual, visual or downloadable element, document, etc., as well as the general structure of each of these Websites.

“User Content” refers to any information, material and content published by Users through their Focus Together Account and in particular during their use of the Community Platform or within the Games and other products published by Focus. This User Content includes any comment, image, sound, video, photograph, graphic, textual, visual or downloadable element or document.

“Personal Data” and “Data” mean information, in any form whatsoever, directly or indirectly relating to an identified or identifiable natural person.

“DSA” refers to Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market for Digital Services and amending Directive 2000/31/EC (Digital Services Regulation), also known as the Digital Services Act.

“Game(s)” refers to games published by Focus, including games under development and their derivatives.

“Player” refers to any player, whether or not a User, accessing the Games and/or participating in test programmes (Beta and Playtests) via the TestZone.

“Digital Majority” refers to the minimum age from which parental permission is no longer mandatory for a User to consent to create their Account.

“Products and Services” refers to all products and services accessible via the Focus Together Account, including access to the Community Platform and the TestZone, whose terms of use are defined in these GCU.

“Partners” refers to Focus’s business and commercial partners, including external development studios.

“Community Platform” refers to Focus Entertainment’s community interface, accessible via https://community.focus-entmt.com/, where Users can contribute.

“Test Programme” refers to the possibility for the User to participate in the Beta and/or Playtests phases of the Games through the TestZone.

“Data Controller(s)” refers to the Focus companies, which jointly determine the purposes and methods of processing the Data.

“GDPR” refers to (EU) regulation 2016/679 of the European Parliament and Council of 27 April 2016 concerning the protection of natural persons with regard to the processing of the personal data and

the free circulation of this data, repealing directive 95/46/EC (General Data Protection Regulation).

“Website(s)” refers to the websites published and operated by Focus, including websites that allow access to the Community Platform and TestZone.

“Third Party Site(s)” refers to any site published and operated by a natural or legal person, different from Focus, which can be accessed through a hyperlink present on the Sites; the content, use, but also the processing and confidentiality of the Data transmitted by the Use on this Third Party site does not fall under any control operated by Focus and for which Focus cannot be liable.

“Support” refers to the support portal which can be accessed by any User at https://support.focus-entmt.com or through their Focus Together Account.

“TestZone” refers to the platform which can be accessed via the address https://testzone.focus-entmt.com/ allowing Users to register and participate in test Programmes (Beta and Playtests) especially on games under development.

“User” or “you” or “your” means any Visitor who creates a Focus Together Account to access the Products and Services and therefore consents to these GCU.

“Visitor” refers to any adult natural person who accesses the Websites.

ARTICLE 3. AGE VERIFICATION

3.1.            Access to the Products and Services offered through the creation of a Focus Together Account is reserved for Users who have reached the required Digital Majority in their country:

3.2.            Under European regulations, any country not listed above is presumed to have set the Digital Majority of its nationals at 13 years.

3.3.            Focus reserves the right to (i) carry out any checks regarding the age of the data subject and, where appropriate, (ii) immediately delete any Focus Together Account if this condition is not met.

ARTICLE 4. CREATING A FOCUS TOGETHER ACCOUNT

4.1.            The User is not authorised to create a Focus Together Account if they have not reached the Digital Majority in their country, the list of which by country is reproduced in Article 3 of these GCU.

4.2.            To create a Focus Together Account, the User must complete an Account creation form by providing mandatory personal information, such as their User name (pseudonym), surname and first name, email address, date of birth, and a password that must consist of at least 12 (twelve) characters, including at least 1 (one) uppercase, 1 (one) lowercase, 1 (one) number and 1 (one) special character among the 37 (thirty-seven) possibilities listed.

4.3.            The User acknowledges and agrees to be fully responsible for the use of their username and password, which they undertake to keep secret and not to disclose in any form to third parties. In the event of loss, theft or any fraudulent use of their username and/or password, the User must immediately inform Focus. The User may then either (i) request the replacement of their username and/or password when there is a risk that these will be used by a third party, or (ii) request the secure restoration of their username and/or password.

4.4.            Any login or transmission of data made using the User name and associated password will be deemed to have been made by the User and under their exclusive responsibility. Consequently, Focus cannot be held liable for their fraudulent use by a third party.

4.5.            The information required to create the Focus Together Account is indicated by an asterisk. If this information is not provided, the User will not be able to validate the creation of the Focus Together Account and, consequently, will not be able to access the accessible Products and Services associated with the Focus Together Account. The User is informed that the Data that they are required to transmit on this occasion is processed under the conditions provided for in Article 11 of these GCU.

4.6.            This information will be stored and used in accordance with Focus’s Privacy Policy and will identify the User subsequently to facilitate access to the Products and Services offered via their Focus Together Account. It can be modified in the Account settings after creation. The date of birth can only be changed once per 6-month period by contacting Support.

4.7.            The User must finalise their registration by accepting these GCU and having read the provisions of the Privacy Policy. A double authentication system with the sending of a confirmation code by email is set up to confirm their registration.

4.8.            The User may also create an Account by logging into a Third Party Account which will then be linked to the User’s Focus Together Account. If the information from the Third Party Account is not sufficient for the creation of the Focus Together Account, the User will be asked to complete the missing information.

ARTICLE 5. USE OF THE FOCUS TOGETHER ACCOUNT AND ASSOCIATED PRODUCTS AND SERVICES

5.1.            Description of Products and Services associated with the Focus Together Account:

5.1.1.      Focus provides Users with the following Products and Services:

-          Access to community features via the Community Platform;

-          Participation in Games testing programmes;

-          Registration for our newsletter to receive information about Games, sales offers and promotions, surveys, competitions and Beta programme;

-          Personalisation of communications and user experience of the Websites and Games by providing optional information to Users.

5.1.2.      Access to Products and Services, such as access to the Community Platform, is subject to the creation of a Focus Together Account. The creation of this Account allows the User to manage their Account as well as the Products and Services:

-          Management of the Focus Together Account:

o   Modification of personal information;

o   Management of security settings, including the provision of double authentication;

o   Access to privacy settings and the management of Personal Data;

o   Communications preferences:

§  Receipt of Focus newsletters (informative and marketing);

§  Display of Protected Content on our Websites or in our Games;

§  Display of personalised advertising on third-party sites via the “customer match”;

§  Receipt of emails about the Beta programme.

-          Access to Products and Services:

o   Linking with Third Party Accounts allowing a faster connection to the Focus Together Account but also access to the User’s gaming activity to unlock rewards in the Community Platform;

o   Access to the Beta programme and TestZone;

o   Access to “My Player Profile” to enter information about the type of Player, as well as their favourite genres of Games. This information, which may be Data, makes it

possible to enrich the User’s profile and to provide targeted communications. The optional information given by the User as well as the Data obtained by linking to Third Party Accounts are aggregated in order to offer a personalised experience to each User;

o   Access to the Community Platform and its community features organised under the following tabs:

§  “Forums” allowing Users to discuss topics with other Focus Players, in compliance with the Code of Conduct, and the developers of the Focus Games;

§  “News” allowing Users to access the latest need-to-know information about the Games;

§  “Ideas” allowing Users to submit an idea for improving or adding content for one or more Games;

§  “Help” allowing Users to request or offer assistance to other Players in a Game;

§  “Bugs” allowing Users to inform the Focus team in charge of the quality of the Games and the Games development studio of a malfunction or possible defect in the Game;

§  “Contest” allowing Users to participate in various competitions or promotional campaigns offered by the Games Development Studio or Focus;

§  “Tutorials” allowing Users to obtain advice on the Games directly from the Focus Games development studio or from Focus;

§  “Encyclopaedia” allowing Users to access a complete database of information about the Game, from a Third Party Website;

§  “Votes” allowing Users to participate in any choices and surveys proposed by Focus or the Games developer, as part of the improvement of a Game or Community Platform;

§  The Community Platform is accompanied by a gamification programme that unlocks points and profile personalisation objects, in particular badges, avatars or titles, which may be allocated to a User at each step of using their Focus Together Account (for example, when using the linking feature with Third Party Accounts, or by contributing to the Community Platform) and in the detailed terms and conditions on how to get these at each stage of the said gamification programme on the Focus Together Account and/or on the Community Platform.

5.2.            Deletion of the Focus Together Account and/or cessation of use of the associated Products and Services

5.2.1.      The User may at any time decide to delete their Focus Together Account by writing to the email address personaldata@focusent.com. Through these GCU, the User is hereby notified and informed that:

-          the deletion of their Focus Together Account relates only to the Products and Services which can be accessed through this Account;

-          the deletion of their Focus Together Account will result in the deletion of all their information and Data, except for those that Focus, in its capacity as Data Controller, must keep as specified in our Privacy Policy, as well as, where appropriate, the information and Data relating to their previous orders placed on the Focus store, which can be accessed at https://store.focus-entmt.com/ and in accordance with the general terms and conditions of sale specific to the latter.

5.2.2.      Once the Focus Together Account has been permanently deleted, the User cannot reactivate it or retrieve the deleted information. All User Content posted on the Community Platform will be anonymised. The User is informed that Focus nevertheless retains a copy of this User Content on its servers to respond to possible judicial requests, in compliance with the legal requirements.

5.2.3.      The User may also decide at any time to unlink their Focus Together Account from one or more Third Party Accounts; the latter is invited to raise a Support ticket.

The User is informed that by using this feature, anti-fraud measures are implemented, namely:

-          A Third Party Account linked to a Focus Together Account may be unlinked. However, only this same Third Party Account may be re-linked with the same Focus Together Account in the future;

-          In the event of a link error between a Focus Together Account and a Third Party Account, the User may unlink completely only once during the period of activity of their Focus Together Account;

-          Once a Third Party Account has been linked to a Focus Together Account, it can no longer be linked to another Focus Together Account, even if it has been unlinked previously.

ARTICLE 6. USER COMMITMENTS AND GUARANTEES

6.1.            Commitments relating to the use of the Focus Together Account and associated Products and Services

6.1.1.      The User acknowledges that the use of their Focus Together Account and the associated Products and Services, including the Community Platform, are optional and that they are solely responsible for the use they make of it. They thus undertake to comply with these GCU, the Code of Conduct, the legislation in force in France, as well as, where applicable, the mandatory rules of their Country.

6.1.2.      In this respect, the User undertakes to:

-          Communicate true, accurate, up-to-date and complete information, which is in no case likely to mislead Focus or third parties. In this respect, the User undertakes not to create a Focus Together Account with false registration information (email address, date of birth, etc.). The User also undertakes not to create a false identity or impersonate another natural or legal person (for example, to pretend to be another User or a Focus employee) and to keep the information initially communicated up to date if it has changed;

-          Not to insult, harass or intimidate other Users through the Products and Services enabling them to create User Content, in particular on the Community Platform, or Focus employees and/or members of our community (for example, our moderators or Support agents);

-          Comply with the Community Platform Code of Conduct, in particular when they wish to contribute to the “Forums”, request or offer help via the “Help” tab, notify a malfunction via the “Bug” tab, participate in promotional operations displayed under the “Contest” tab

or share their opinion during a “Vote”, the User undertakes not to engage in the practices known as:

(1)    "trolling", corresponding to the act of posting inflammatory, extraneous, or off-topic messages with the primary intent of provoking other Users;

(2)    “flaming”, corresponding to continuously insulting other Users; and

(3)    "spamming", corresponding to repeatedly posting absurd or off-topic messages or identical or similar messages;

-          Not to transmit User Content of an unlawful nature, contrary to the legislation in force in France, of a defamatory or slanderous, abusive, obscene, insulting, threatening, sexual, pornographic or child-abuse nature or harmful to public policy as well as to the interests and/or image of Focus or any third party;

-          Ensure that any User Content transmitted is not intended to (i) harm Focus’s computer system, (ii) harm, alter or interrupt the operation of the Focus Together Account and associated Products and Services, including the Community Platform, and (iii) bypass, disable or interfere with said Focus Together Account and associated Products and Services, including through resorting to or using for example:

(1)    viruses, worms, Trojans, bombs, corrupted files, etc., likely to generate interference, disturbances or any other use creating an excessive load on the Focus Together Account and/or the associated Products and Services and/or Focus’s networks;

(2)    cheat software, loopholes, automation software, robots, hacking methods and any other unauthorised software; or

(3)    spamming;

-          Ensure that any User Content transmitted is not likely to affect:

(1)    the Protected Content, the intellectual property rights of Focus or any third party, for example by granting a sub-licence, rental, sale, exchange, donation, offer, bequest or any other transfer of your Focus Together Account to a third party; and

(2)    any other commercial, financial or moral rights or interests of Focus or any other User;

-          Not to collect any information, including Personal Data of other Users that may appear on the Products and Services, in order to reuse it without authorisation, in particular for the purposes of commercial solicitations.

6.2.            Reporting illicit User Content

6.2.1.      User Content may be considered unlawful when it is contrary to the legislation in force in France or the User’s country, the rules detailed above, or the Code of Good Conduct.

6.2.2.      If a User notices, when using their Focus Together Account, the associated Products and Services and/or the Community Platform, the publication by another User of illicit User Content, they are invited to send a report to Focus by submitting a ticket to Support.

6.2.3.      Illicit User Content is reported from the “Support” tab of the Focus Together Account of the User making the report, or directly from the Support page which can be accessed at: https://support.focus-entmt.com/.

6.2.4.      The Support team is the single point of contact provided by Focus for Users to fight against illicit content, in accordance with the European regulations in force and in particular the DSA.

6.2.5.      All Users or Players undertake not to abuse the use of the Support and not to send inaccurate reports.

6.2.6.      Any Player accessing the Games, whether or not a User, wishing to report the unlawful or unfair behaviour of another Player within a particular Game, is invited to directly report such unlawful or unfair behaviour to the address: https://support.focus-entmt.com/ and to select the relevant Game.

6.2.7.      Players are reminded that the rules of good conduct applicable to the Games are detailed in the End User Licence Agreement (“EULA”) and are likely to be recalled in respect of each Game.

6.3.            Consequences of breaches

6.3.1.      Moderation of User Content on the Community Platform

6.3.1.1. In order to effectively combat illicit User Content on the Community Platform, Focus reserves the right to review User Content expressed or provided on the Community Platform.

6.3.1.2. Focus implements (i) automatic moderation prior to any contribution to the Community Platform through the anti-spam service that prevents the publication of User Content that may constitute spam insofar as such Content is not withdrawn from publication, and (ii) a team of moderators specifically tasked with reviewing User Content on the Community Platform.

6.3.1.3. In the event that the moderators consider that User Content does not comply with the Community Platform Code of Conduct and/or the legislation in force in France or in the User’s country, the following procedure will then be followed:

-          Implementation of corrective actions:

(1)    Moderators take note of the discussion threads containing User Content considered illicit and reported by Users;

(2)    Moderators try to keep these threads active by any means necessary;

(3)    The discussion thread containing the illicit and reported User Content may be temporarily locked by moderators up to 72 hours following the report made by a User to Support. This lock allows the moderators to edit the unlawful User Content.

(4)     Moderated threads may be permanently closed at the end of the previous moderation step; where appropriate, a thread on the same topic will be opened to allow Users to continue publishing User Content.

-          Implementation of punitive actions:

(1)    In the event that the previous corrective actions prove impossible to implement or that the Users concerned do not wish to make any modification to their illicit User

Content on the Community Platform, the moderators may be required, in accordance with their own arbitration:

§  to issue warnings and/or temporary bans ranging from 6 months to 1 year and/or permanent bans, from accessing the Community Platform (“ban”) depending on the severity of the action;

§  to withdraw, within the legal deadlines according to the nature of the offence, the User Content reported and/or defined as illicit due to its nature contrary to the legislation in force in France or in their Country.

(2)    The User will be notified by Focus of such a “ban” decision by message in the personal messaging portal of their Focus Together Account and/or on the email address indicated for the creation of their Account. This notification, pursuant to the DSA, will indicate the reasons for its “ban” decision, namely in particular the facts and circumstances on which this decision was taken, the underlying legal basis and explanations as to why this information is considered to be illicit content.

(3)    The User subject to a temporary or permanent ban on accessing the Community Platform may challenge this. To do so, they are invited to contact the Support service via the following link: https://support.focus-entmt.com.

6.3.1.4. The User is informed that when Focus is aware of information leading to suspect that a criminal offence posing a threat to the life or safety of one or more persons has been committed, is being committed or is likely to be committed, it has the obligation to promptly inform the competent law enforcement or judicial authorities.

6.3.2.      Other breaches

6.3.2.1. In addition, in the event of a breach by the User of any other rules mentioned in Article 6.1 of the GCU and/or the legislation in force in France, Focus may, immediately and without notice or compensation, temporarily suspend and/or permanently terminate the User’s access to all or part of their Focus Account and the associated Products and Services. The User will be notified of such a decision by message in the personal messaging portal of their Focus Together Account and/or on the email address indicated for the creation of their Account.

6.3.2.2. The User in question thus guarantees Focus against any grievance, complaint, action and/or claim that they may suffer due to any breach committed relating to any of their commitments.

6.3.2.3. In such a case, the User undertakes to compensate Focus, in proportion to their liability in the commission of said breach, for any charges (including any costs, losses, expenses, legal costs, legal fees and sums paid as damages in particular) that Focus may incur.

ARTICLE 7. FOCUS’S LIABILITY AND OBLIGATIONS

7.1.            Commitments relating to Content published by Focus in the context of the provision of Products and Services

7.1.1.      Focus strives to provide information on the Products and Services that is as accurate as possible. However, Focus cannot be held liable for any oversights, inaccuracies and shortcomings in the update, whether at its own fault or that of the third-party partners who provide this information.

7.1.2.      All information indicated in connection with the provision of the Products and Services is provided for information purposes only, and may change.

7.2.            Commitments relating to the provision of the Products and Services

7.2.1.      Focus undertakes to use its best efforts to ensure that access to and operation of the Focus Together Account and the associated Products and Services are ensured 24/7, without interruption, it being specified that this commitment constitutes an obligation of means only. Focus undertakes to regularly carry out checks to verify the operation and accessibility of these, including the Community Platform.

7.2.2.      The Focus Together Account and associated Products and Services may be temporarily offline for maintenance, updating, technical incident or for any other reason whether or not beyond Focus’s control. Focus accepts no liability for any damage, whether direct or indirect, arising from the interruption, suspension or inability to access the Focus Together Account and/or the Products and Services which can be accessed on the latter.

7.2.3.      Focus undertakes to implement all necessary measures to ensure that the Account and the associated Products and Services are accessible, reliable and complete. Focus cannot be held liable in the event that the Account and the Products and Services do not meet the specific requirements and needs of the User.

7.3.            Limitation of liability

7.3.1.      Focus cannot guarantee the complete information security of the Websites. Focus accepts no liability in the event of direct or indirect damage suffered by the User resulting from:

-          any interruptions, breakdowns, malfunction of the Account and the associated Products and Services, regardless of the origin and regardless of the medium used, likely to impact, among other things, Users’ access to the Websites;

-          any temporary or permanent unavailability of the Account and/or the associated Products and Services for any reason whatsoever, including due to technical failures (logging out, interference by third parties, piracy, virus, etc.), regardless of the origin and/or in the event of temporary or permanent unavailability of the Internet network;

-          any unlawful use or use under conditions not in accordance with the terms of these GCU of the Websites and/or the associated Products and Services by another User.

7.3.2.      If the event causing the unavailability is foreseeable, Focus will inform the User in advance, by any means, of the circumstances and terms of the unavailability of the Focus Together Account and/or the associated Products and Services.

7.3.3.      In the event of a defect and/or malfunction of the Websites and/or Games, the User is invited to report this to Support via the dedicated tab of their Focus Together Account or to access the Support page directly via the following link: https://support.focus-entmt.com.

7.3.4.      Focus accepts no liability for any defect and/or malfunction, of any nature whatsoever, relating to the User’s computer hardware and/or Internet connection, when accessing the Focus Together Account and/or the associated Products and Services.

7.3.5.      Focus may be held liable only under the conditions of ordinary law, due to direct and foreseeable damage suffered by the User resulting from any failure by Focus in respect of these GCU. Focus would not under any circumstances accept liability for any indirect damage, such as any non-material, commercial or financial harm, loss of profits, loss of earnings, loss of opportunity, or action directed against the User by a third party and the resulting consequences.

ARTICLE 8. HYPERLINKS

8.1.            The Focus Together Account and associated Products and Services may contain links to Third Party Websites, which are not operated or controlled by Focus.

8.2.            Focus cannot be considered liable for these Third Party Websites and accepts no liability relating to their content, legality, accuracy or function, or products or services available on or from these websites.

8.3.            The establishment of any hyperlink by a third party to all or part of the Focus Together Account, the associated Products and Services, and more broadly, any Website published by Focus, is strictly prohibited, unless previously authorised in writing by Focus.

8.4.            Focus cannot be held liable due to:

-          access by the User to the content of the resources consulted via the hyperlinks of Third Party Websites; and

-          potential security and/or integrity problems and/or any other damage that may result from the use of Third Party Websites by the User for which they remain solely responsible.

ARTICLE 9. INTELLECTUAL PROPERTY

9.1.            Rights related to Focus’s Products and Services

9.1.1.      The Protected Content made available on the Websites, in particular on the Focus Together Account and the associated Products and Services, is the exclusive property of Focus, without prejudice to the rights of third parties. They are protected by the laws on intellectual property and any other right recognised by the legislation in force applicable to this Protected Content.

9.1.2.      Any use of Protected Content that differs from the normal use defined by the GCU of these Websites is strictly prohibited. Consequently, the User does not have rights, directly or indirectly, over all or part of the Protected Content, to:

-          copy, use, reproduce, record, fix, modify, adapt, translate, add, remove or delete without the express prior permission of Focus;

-          publish, transmit, distribute, communicate, represent, for consideration or free of charge, this Protected Content on any medium;

-          create or exploit derivative works from the Protected Content;

-          transfer in any way all or part of the rights relating to the Websites.

9.1.3.      Such contrary use of the Websites, in particular the Protected Content, may constitute an offence of infringement and/or a violation of the rights and regulations in force.

9.1.4.      Subject to compliance with these Terms and Conditions and any relevant documentation and policy related to the Products and Services, Focus grants the User a personal, limited, non-transferable, non-exclusive licence, revocable at any time, to use and access the Products and Services and Protected Content. This licence is strictly limited to personal and non-commercial use for entertainment purposes, consistent with the intended purpose of the Products and Services. The User agrees not to use the Products and Services and Protected Content for any purpose other than those expressly described in this licence.

9.2.            The rights attached to User Content

9.2.1.      User Content

In the context of its use of the Products and Services, in particular the Community Platform, the User may be required to submit User Content.

9.2.1.1. By accepting these GCU, the User:

-          guarantees that they own the User Content or have all the rights and permissions necessary to share it;

-          grants to Focus, a non-exclusive, royalty-free, irrevocable, assignable and transferable licence, over all User Content, including all patents (applied for or registered), trademarks (applied for or registered), copyrights (from their creation and within the limits of moral law) and other related intellectual property rights, allowing Focus to use, reproduce, fix, publish, modify, adapt, translate, copy, execute, represent, communicate and distribute them by any means and on any medium and in whole or in part.

9.2.1.2. The User acknowledges and accepts that the licence granted above by the User over their User Content is perpetual and revocable under the conditions defined below.

9.2.1.3. If the User requests the withdrawal or deletion of their User Content during the use of the Products and Services, or requests the permanent closure of their Focus Together Account, they acknowledge and accept that this User Content posted on the Community Platform will remain on the Community Platform in anonymised format.

9.2.1.4. The User is informed that Focus retains a copy of this User Content on its servers to respond to possible judicial requests, in compliance with the legal requirements.

9.2.1.5. Without prejudice to the licence granted above by the User to Focus, and with the exception of the specific provisions provided below concerning the “Ideas”, the User retains all rights relating to and applicable to their User Content.

9.2.1.6. The User acknowledges and accepts that each User retains full ownership of the User Content that they express or make available through the Products and Services. In this respect, no right, licence or authorisation may be automatically granted by one User to another during the use of the Products and Services. A User may not modify, remove, delete, increase, add, publish, transmit or participate in the transfer or sale of, create derivative works from, or exploit in any way, in whole or in part, any User Content belonging to another User.

9.2.1.7. The User is informed that Focus may be required to disclose any User Content or any electronic communication of any kind to (i) comply with any French and/or European law or regulation (including Regulation (EU) 2022/2065 of 19 October 2022 on a Single Market for Digital Services) and/or request from the authorities; (ii) protect the rights and/or properties of Focus and its officers, directors, employees and agents; or (iii) protect its suppliers and any other User.

9.2.2.      Special case of "Ideas"

9.2.2.1. In the context of their use of the Products and Services, and in particular the “Ideas” feature which can be accessed from the Community Platform, the User may be required to submit feedback and proposals for improvement concerning the Products and Services and/or Focus Games.

9.2.3.      The User acknowledges and agrees that by accepting these GCU, and in the event that the above-mentioned proposals made by the User are subject to any protection by an exclusive right or intellectual property right, Focus will be expressly authorised by the User to use, re-use, adapt, directly or indirectly, or to be inspired in whole or in part, for the continuation of its activities, in particular content creation, and this, for the applicable legal term of protection and worldwide.

9.2.4.      Any content created by Focus based on the above proposals will be considered Protected Content exclusively owned by Focus.

ARTICLE 10. PERSONAL DATA

10.1.         In accordance with the Data Protection Act No. 78-17 of 6 January 1978, as amended, and the GDPR, Focus Entertainment Publishing and PulluP Entertainment act as joint data controller and implement the processing of Personal Data relating to Users.

10.2.         The processing of this Personal Data is the subject of a Privacy Policy which can be accessed here.

10.3.         The User is informed that they have a statutory right of access, rectification, erasure, opposition, limitation and portability of their data, and the right to formulate specific and general instructions concerning the storage, erasure and communication of data after death. These rights may be exercised with Focus:

-          by email at the following email address: personaldata@focusent.com; or

-          by post: Focus Entertainment Publishing, Parc du Pont de Flandre, Bâtiment 28 “Le Beauvaisis”, 11 rue de Cambrai, 75019 PARIS.

10.4.         Any data subject also has the right to bring an action with the CNIL (Commission nationale de l’informatique et des libertés [French National Data Protection Commission]).

ARTICLE 11. ENTIRETY

11.1.         These GCU and the Privacy Policy constitute the entire agreement between the User and Focus with respect to the purpose hereof. They cancel and supersede all previous promises, declarations, agreements and conventions of any kind between the parties.

11.2.         No failure by Focus to exercise or apply any right or provision of the GCU shall constitute a waiver of this right or provision.

11.3.         If any of the provisions of the GCU are ruled unenforceable or void by a competent court, the parties agree that the court shall endeavour to make the intentions of the parties reflected in this provision applicable while the other provisions of the GCU shall remain in force and continue to produce their effects.

11.4.         Focus reserves the right to assign or transfer, to any third party, in any way and at any time, all or part of its rights and obligations under the GCU.

ARTICLE 12. FORCE MAJEURE

12.1.         A case of force majeure is constituted by any event as defined by the French case law of the Court of Cassation.

12.2.         The User and Focus may suspend their obligations and may not be held liable in the event of non-performance or breach of these GCU due to a case of force majeure.

ARTICLE 13. GOVERNING LAW AND JURISDICTION

13.1.         These GCU as well as any resulting claim or claim relating to the Focus Together Account and/or the associated Products and Services, are governed and interpreted in accordance with French law, without prejudice to the mandatory rules of the law of the User’s country of residence. The language of interpretation is French.

13.2.         If an amicable agreement cannot be reached in the event of a dispute relating to the GCU, the competent courts will, for the User, be the courts of their place of residence located in one of the Member States of the European Union.

ARTICLE 14. CONTACT

14.1.         For any information requests, questions or suggestions relating to the Focus Together Account and/or the associated Products and Services, the User may contact Focus as follows:

-          by the single point of contact, using the Support which can be accessed from their Focus Together Account or at https://support.focus-entmt.com ; or

-          by post, writing to: PulluP Entertainment, Parc du Pont de Flandre, Bâtiment 28 “Le Beauvaisis”, 11 rue de Cambrai, 75019 PARIS.

ARTICLE 15. EFFECTIVE DATE

These GCU come into force on 31 July 2024.

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