Terms of use
Date: April 2024
Welcome to https://bfrndgame.balenciaga.com/ (” Website”).
Legal Notice
The Website is owned and operated by BALENCIAGA a simplified joint-stock company incorporated under the laws of France with a share capital of 23.271.525 €, registered with the Paris Trade and Corporate Register under unique identification number 775 668 122 and with registered office at 16-18 rue Vaneau 75007 Paris France (“ Balenciaga” or “ we”, “ us”, “ our”).
The Website’s publishing director is Mr. Cédric Charbit. The Website is hosted by Amazon Web Services, Inc. P.O. Box 81226, Seattle, WA 98108-1226 (tel: 001 206 266 7010).
You can contact us by email at contact@balenciaga.com .
Purpose of the Website
Please carefully read the following Terms of use of the Services (the “ Terms”) before using the Services.
The Website gives access to obstacle course video game (“ Game “). Please read these Terms of Service as they govern your use of such Game and more generally your use of any Balenciaga services (together with Game, the “ Services”).
By using the Services, you are agreeing to these Terms. If you don’t agree to these Terms, you may not use the Services. Balenciaga may modify these Terms at any time, and if we do, we will notify you by posting the modified Terms on the Website or in the Game. It’s important that you review any modified Terms before you continue using the Services. If you continue to use the Services, you are bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Services.
1. Privacy Statement
When using the Services, Balenciaga may process your personal data to provide you with the services and administer, optimize, improve, or secure the Services. This processing is carried out in accordance with the provisions of the Terms and Balenciaga Privacy Policy . Cookies may also be present on the page in accordance with the conditions of the Balenciaga Cookies Policy . Privacy laws may grant you certain rights such as the right to access, delete, modify, and rectify your data, or to restrict or object to processing, as well as the right to data portability. You can also lodge a complaint with your competent regulator. For further information regarding our privacy practices and your rights, please contact us at privacy@balenciaga.com.
2. Use of the Services
2.1 - Safe and Appropriate Use
While you are using our Services, please be aware of your surroundings, and play and communicate safely. You agree that your use of the Services is at your own risk, and that you will not use the Services to violate any applicable law, regulation, or instructions as outlined in these Terms, and you will not encourage or enable any other individual to do so.
Further, you agree that in conjunction with your use of the Services you will not make available any unlawful, inappropriate, or commercial content. You agree that you will not submit inaccurate, misleading, or inappropriate content, including data submissions, edits, or removal requests.
2.2 - Eligibility
If you want to use the Services, you will have to agree to these Terms
Ensure that you have all necessary equipment, hardware, software, operating systems, network cards, Internet browser and other elements allowing you to access and use the Website and the Content. You assume all responsibility for any access to the Website and the Content.
2.3 - Access Suspension
We may suspend or terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you, including if (a) you fail to comply with these Terms; or (b) we suspect fraud, or misuse by you of Content or Services.
2.4 - Eligibility
By using our Services, you warrant that you are 18 years of age or older and have the legal authority to enter into these Terms.
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, BALENCIAGA DECLINES ANY RESPONSIBILITY REGARDING ANY ACTIVITIES CONDUCTED BY A MINOR WITH OR WITHOUT THE PERMISSION OF A PARENT. IF YOU ARE A PARENT AND YOU GIVE YOUR PERMISSION FOR YOUR CHILD TO USE THE SERVICES, YOU THEREBY AGREE TO THE TERMS RELATING TO USE OF THE SERVICES BY YOUR CHILD.
2.5 - Limited License to Use
Subject to your compliance with these Terms, Balenciaga grants you a limited, nonexclusive, nontransferable, non-sublicensable, license to use and access the Game on a mobile device or a desktop computer and to run such Game solely for your own personal non-commercial purposes. Except as expressly permitted in these Terms or under applicable law, you may not: (a) copy, modify, or create derivative works based on the Game; (b) distribute, transfer, sublicense, lease, lend, or rent the Game to any third party; (c) reverse engineer, decompile, or disassemble the Game; or (d) make the functionality of the Game available to multiple users through any means. Balenciaga reserves all rights in and to the Game not expressly granted to you under these Terms.
2.6 - Upgrades to the Services
Balenciaga is constantly changing and improving the Services. As part of this continual evolution of the Services, Balenciaga reserves the right, in its sole discretion, to manage, update, change, modify, suspend, discontinue, or upgrade, temporarily or permanently, part of or all of the Services, at any time, to ensure optimum performance or for any other purpose. Balenciaga will try to provide notice beforehand.
These Terms will apply to such new services, features, or functionality, unless they come with separate additional terms, in which case you will be required to agree to such additional terms before being permitted to use the new services, features or functionality. Any additional terms will become part of these Terms.
3. Content and Content Rights
Subject to your compliance with these Terms, Balenciaga grants you a personal, noncommercial, nonexclusive, nontransferable, non-sublicensable, revocable, limited license to view, display, and use the Content solely for your permitted use within the Services. “ Content”means the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, communications, interactive features, works of authorship of any kind, and information or other materials that are generated, provided, or otherwise made available through the Services.
4. Content Ownership
Balenciaga and its licensors exclusively own all right, title, and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of France and foreign countries. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services or Content.
5. Conduct, General Prohibitions, and Balenciaga’s Enforcement Rights
You agree that you are responsible for your own conduct while using the Services, and for any consequences thereof. In addition, you agree not to do any of the following, unless applicable law mandates that you be given the right to do so:
- use the Services or Content, or any portion thereof, for any commercial purpose or in a manner not permitted by these Terms, including but not limited to gathering in-Game items or resources for sale outside the Game;
- attempt to access or search the Services or Content or download Content from the Services through the use of any technology or means other than those provided by Balenciaga or other generally available third-party web browsers (including without limitation automation software, bots, spiders, crawlers, data mining tools, or hacks, tools, agents, engines, or devices of any kind) ;
- attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services or Content;
- bypass, remove, deactivate, descramble, or otherwise circumvent any technological measure implemented by Balenciaga or any of Balenciaga’s providers or any other third party (including another user) to protect the Services or Content;
- use, display, mirror, or frame the Services or any individual element within the Services, Balenciaga’s name, any Balenciaga trademark, logo, or other proprietary information, or the layout and design of any page or Game without Balenciaga’s express written consent;
- post, publish, submit, or transmit any Content that infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy;
- access, tamper with, or use nonpublic areas of the Services, Balenciaga’s computer systems, or the technical delivery systems of Balenciaga’s providers;
- attempt to probe, scan, or test the vulnerability of any Balenciaga system or network or Service, or breach any security or authentication measures;
- use any meta tags or other hidden text or metadata utilizing a Balenciaga trademark, logo, URL, or product name without Balenciaga’s express written consent;
- delete, obscure, or in any manner alter any attribution, warning, or link that appears in the Services or the Content;
- violate any applicable law or regulation; or
- encourage or enable any other individual to do any of the foregoing.
Although Balenciaga is not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right to remove or disable access to any Content, at any time and without notice. Balenciaga may remove any Content we consider to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users and others who violate the law.
ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICES, INCLUDING WITHOUT LIMITATION UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY SITE OR GAME, IS A BREACH OF BALENCIAGA’S TERMS AND MAY BE A BREACH OR VIOLATION OF CRIMINAL AND CIVIL LAWS.
6. Third Party Websites or Resources
Services may contain links to third party websites or resources. Balenciaga provides these links only as a convenience and is not responsible for the content, products, or services on or available from those websites or resources, or links displayed on such websites. To the extent permitted under applicable law, you acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
Balenciaga is not responsible for the availability or quality of third-party services, including cell phone networks, hotspots, wireless internet, and other services. Such third-party services may affect your ability to utilize the Services and you hereby waive and release Balenciaga and any other party involved in creating or delivering the Services from all claims, demands, causes of action, damages, losses, expenses, or liability which may arise out of, result from, or relate in any way to such third-party services.
7. Disclaimer of Warranties
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NONINFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT.
8. Limitation of Liability
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER BALENCIAGA NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BALENCIAGA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
9. Dispute Resolution
These Terms and any matter relating to your access to, or use of, the Services shall be governed by and will be interpreted in accordance with the laws of France (without reference to its conflict of law provisions).
You and we agree to submit any dispute arising out of, or relating to, these Terms including the validity, interpretation, breach, or termination thereof, to the exclusive jurisdiction of the courts within the jurisdiction of the Paris Court of Appeal.
10. General
10.1 - Entire Agreement
These Terms constitute the entire and exclusive understanding and agreement between Balenciaga and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Balenciaga and you regarding the Services and Content.
10.2 - Severability
If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Balenciaga’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Balenciaga may freely assign or transfer these Terms without restriction, and the transferor or assignor shall not remain jointly and severally liable. Subject to the foregoing, these Terms will bind and insure to the benefit of the parties, their successors and permitted assigns.
10.3 - Force Majeure
Neither Balenciaga, any user, nor any other party involved in creating, producing, or delivering the Services or Content shall be liable with respect to any damages, injuries, nonperformance, or delay in performance by reason of any act of God, weather, fire, flood, acts of terror or foreign enemy, satellite or network failure, governmental order or regulation, trade dispute, or any other cause beyond its respective control.
10.4 - Notice
Any notices or other communications provided by Balenciaga under these Terms, including those regarding modifications to these Terms, will be given: (a) via email; or (b) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted to any email address You provided.
10.5 - Waiver
Balenciaga’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Balenciaga. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
10.6 - Contact Information
If you have any questions about these Terms or the Services, please contact Balenciaga:
- By regular mail to BALENCIAGA – 16-18 rue Vaneau 75007 Paris France
- By telephone at + 33 1 56 52 17 17