Updates to the General Terms of Use on December, 2nd 2009.

INTRODUCTION

The Whosegame service is an online "flash" video games service.

This service is offered by the company Next.com, a Single Shareholder Simplified Joint Stock Company with a capital of 37,000 Euros, registered with the Trades and Companies Registry of Paris under number B 508 540 010 and whose registered office is at 6, place d'Alleray - 75015 Paris, France.

The Service is available at http://www.whosegame.com and is open to any adult individual or minor who has obtained permission from his or her legal representative.

Access to the Service and its use are subject to:

• these General Terms of Use (hereinafter "Terms") which the User expressly accepts when registering with the Service,
• the general rules of conduct and use of the Internet called "Netiquette" (available at http://tools.ietf.org/html/rfc1855). These rules should be seen as an integral part of the Terms.

ARTICLE 1 - DEFINITIONS

In these Terms, the following terms shall have, unless otherwise specified, the meaning given to them in this article :

User Account: refers to a personal area accessible from the "Login" section using the registered User's username and password and where the following are stored:

• the User profile recorded by the User;
• the User's personal identification data recorded by the User;
• the User games and Whose Studios uploaded by the User;

User Content: means any content (video games and/or posts, comments, messages or any other participations in the Forum, whether in text, audio, image or video format), other than a User Game or a Whose Studio Game, created and uploaded to the User Account or, where applicable, published on the Site by the User.

Forum: refers to the communications space accessible from the Site and which is run by the Whosegame team and which enables Users to express themselves or enter into dialogues or discussions on a given theme between Users by publishing or "posting" posts, comments, messages or any other participations, whether they are in text, audio, image or video format.

User Game: means any video game file in SWF format of a maximum size of 10 MB uploaded by the User, who is the creator of said file, to his or her User Account. Next.com provides the Players and other Users with access to the said video game file in the "Games" section of the Site.

User Game: means any video game file in SWF format of a maximum size of 10 MB uploaded by the User, who is the creator of said file, to his or her User Account. Next.com provides the Players and other Users with access to the said video game file in the "Games" section of the Site. Whose Studio Game: means any video game file in SWF format uploaded by the User, who is the creator of said video game file, using the creation engine made available on the Site, to his or her User Account. Next.com provides the Players and other Users with access to the said video game file in the "Whose Studio" section of the Site.

Player: means any natural person playing any of the flash video games (whether User Games, Whose Studio Games or any other video games) available on the Site. The Player does not need to register with the Service to use the aforementioned flash video games.

Partner: means any publisher or host of an online public communications service which (i) provides games destined for any audience and/or any other services and (ii) is accessible from the Site either via a hyperlink available on the Site or via the home page of the Partner's communications service integrated into the Site.

Service: means the online public communications system entitled "Whose Game" available at http://www.whosegame.com, offering flash video games (whether User Games, Whose Studio Games or any other video games) and a Forum.

Site: means the www.whosegame.com Internet site from which Players and Users can access the Service.

User: means any adult individual or minor over 13 years who has previously obtained the permission of his or her legal representative and who has registered with the Services for his or her own strictly personal and non-commercial purposes. The User is authorised (i) to upload to his User Account one or more User Games and/or Whose Studio Games which he has created and for which he is therefore entirely liable and (ii) to participate in the Forum by publishing or "posting" posts, comments, messages or any other participations, whether in text, audio, image or video format.

Widget: means the software application made available on the Site which enables the User to export User Games to his Vista, Dashboard and Air desktop and to play them there in connected mode.

ARTICLE 2 - PURPOSE

The purpose of these Terms is to establish the conditions under which:

• the Service is made available to Players and Users, and
• the Players and Users must use the Service.

ARTICLE 3 - ACCESS TO THE SERVICE

3.1 Technical Prerequisites

To use the Service from the Site, the Player and the User must have free use of a computer set and configured to access the Service and must have sufficient technical knowledge to use the Service. In general, the Player and User will need to have all necessary equipment including a computer, modem or any other connection tool, in order to ensure a connection to the Internet.

The use of the Service, and in particular the uploading of User Games, requires that the User holds a High Speed Internet connexion.

The User Games posted on the Site should be in SWF formats and have a maximum size of 10 MB.

Users will be asked to add a description to the uploaded User Games in order to index them in the Service, stating:

• Required: the title, description, instructions for playing, category, illustrations of the game (in jpg, png or gif format with a maximum size of 1MB);
• Optional: the number of players, keywords ("indexing" Tags), video game screenshots.

The titles of the User Games and the indexing Tags may be verified under the terms of article 7.2 herein. The indexing Tags can be changed at any time by the User.

3.2 User Account creation and Service activation

To access the Service and make full use of it (in particular to upload User Games and/or Whose Studio Games to a User Account), the User must register from the Site, giving his full name, postal address, valid e-mail address, country, town, postcode and birth date and by creating a username (pseudonym) and password that will be specific to him.

These are necessary to enable the User to use the various features of the Service (and in particular to upload User Games and/or Whose Studio Games to his User Account). The size of the username is limited to 6 minimum and 20 characters maximum:

• There must not be any blank spaces between characters in the User's Username;
• The Username chosen by the User may be already reserved or prohibited.
• Some characters are forbidden. We recommend using only numbers, letters, dashes, points, and underscores;
• We also recommend, in order to ensure that the privacy of the User is maintained, that the Username does not include personal information.

In order to ensure that the privacy of the User is maintained, it is recommended that the pseudonym, which will be shared with all of the other Uses, does not include any personal or misleading information. Furthermore, the login chosen shall not (a) violate a copyright, trademark or other proprietary right belonging to another person, (b) violate privacy or other personal rights, (c) impersonate the identity of another person or another User (d) violate public order or morality or any other applicable law.

The User undertakes that the information provided on their registration is reliable and updated continuously. In the event that the User provides false, inaccurate or incomplete information, Next.com, as soon as it becomes aware thereof, shall be entitled to terminate the User Account immediately.

A unique login and password are created for each User Account. The User shall keep them strictly confidential.

The User also agrees, in order to validate his registration, to read and accept these Terms.

A confirmation email will be then sent to the User at the email address he has given. Following a registration from the Internet Site, in order to activate his account, the User must click on the link in the email.

ARTICLE 4 - DESCRIPTION OF THE SERVICE

4.1 Functions made available to Players and Users

Next.com provides Players and Users, under the terms of the Service, with flash video games (whether User Games, Whose Studio Games or any other video games), which are accessible:

• either in the "Games" or the "Whose Studio" section on the Site, when the Whosegame team has made no selection or verification of any kind relating to such video games;
• or in the "Our Selection" section on the Site, when the Whosegame team has selected the said video games which can then be scored and ranked by the Users and can be monetised by Next.com.

Next.com also allows Players and Users to:

• view the profiles and/or presentations of Users in the various spaces provided on the Site to that effect;
• view the posts, comments, messages or all other participations, whether in text, audio, image or video format, "posted" on the Forum;
• play for free (not including the Internet connection costs) the User Games and Whose Studio Games
• view the comments and ratings assigned by the Users to the User Games and Whose Studio Games.

Finally, Next.com allows Players and Users to play the games made available by its Partners and to use all the other services offered by the said Partners, under the terms and conditions of use presented by each of these Partners. It is hereby stipulated that the Partners may offer either free or paid use of the games and/or services available on their online public communication service which is accessible from the Site.

4.2 Functions made available to Users only

Next.com provides Users, as part of the Service, with the following functions which are managed and used by the Users under their sole responsibility:

• functionality making it possible to upload User Games to a User Account;
• functionality (and in particular a games creation engine) making it possible to produce or create Whose Studio Games and to upload them to a User Account;
• access to and use of the Forum under the terms of use specifically set forth for this purpose.

Other features of the Service enable the Users to:

• administer their identification form;
• describe and organise their profile and/or presentation of their artistic project;
• administer the on-lining (a) of User Games to the "Games" section of the Site, (b) of Whose Studio Games to the "Whose Studio" section of the Site which he has previously uploaded to his User Account;
• be informed of consumption and visitor number data relative to the User Games and/or the Whose Studio Games he has uploaded to his User Account;
• give a ranking to the User Games and/or Whose Studio Games of other Users;
• post comments on the User Games and/or Whose Studio Games of other Users;
• complete and administer a personal list of favourite User Games and/or Whose Studio Games
• export User Games and Whose Studio Games in the Widget format to an Air, Vista or Dashboard desktop.

ARTICLE 5 - DURATION

Subscription to the Service is free (excluding the cost of the Internet connection) for an indefinite period. It takes effect immediately from the activation of the account by the User, using the link sent by email.

Next.com reserves the right to delete the User Games, the Whose Studio Games and/or the User Content in the event of non authentication on the Service by the User for a period of six (6) months.

ARTICLE 6 - MODIFICATIONS TO THE SERVICE - MODIFICATION OF THE TERMS

6.1 Modification of the Service

Next.com reserves the right to change the Service, including making available new features (for free or for a charge), or by modifying or deleting certain other features.

The User will be informed of any changes affecting him at least one (1) month before their entry into force. In this case, the User may terminate his User Account without charge under the terms of Article 12.2 of these Terms.

6.2 Modification of the TERMS

Next.com reserves the right to amend these Terms. The User will be notified by email of the nature of such changes before they are published. The modified Terms shall then become applicable fifteen (15) days after their publication on the Site and the User shall be deemed to have accepted them.

ARTICLE 7 - LIABILITY OF THE PLAYER AND THE USER

7.1 General liability of the Players and the Users

7.1.1 The use or the right to access the Service is free of charge. The Player and the User shall refrain from reproducing, copying, selling, reselling or exploiting for any commercial purposes and in any form whatsoever, the right to access or use the Service and/or the right to access or use any or all of the contents of the Site (including the flash video games available on the Site).

7.1.2 The Players and the User may use the Service, and in particular the flash video games (whether User Games, Whose Studio Games or any other video games) (a) for their own purposes, (b) for strictly personal, recreational and non-commercial purposes and (c) in compliance with theseTerms. Any other use is prohibited and may incur the liability of the Player or the User concerned.

7.1.3 It is recalled that the Service, as well as all the features that comprise it, can be implemented only if the Player and the User have a compatible device as described in Section 3.1 hereof. The Player and the User are responsible of the proper working order of their equipment.

It is therefore up to the Player and User to take all the proper measures on the equipment he uses to protect such equipment from possible contamination by viruses or hacking attacks. "Equipment" must be understood as including, without this list being in any way limited or exhaustive: personal computer, messaging system, Internet access, software programs and data, mobile terminal. The Player and User shall refrain from incorporating documents, software or any other information into the Service that may damage the computers or terminals of other Users or that can enable unwarranted access to protected data or the User Accounts of other Users.

7.2 Specific liability of Users

7.2.1 The User acknowledges that, as the holder of the operating rights to the User Games, Whose Studio Games and User Content he has uploaded to his User Account or, if applicable, published on the Site:

• he incurs liability for any proceedings, either civil or criminal, arising from a breach of the rights of others or from public order offences arising from the use of such User Games, Whose Studio Games and/or User Content ;
• and he shall hold Next.com harmless from any legal proceedings in this regard.

7.2.2 The User shall not disclose, by means of the User Games, Whose Studio Games or User Content, any information making possible the precise identification by name of any third parties or himself, such as email address and password.

7.2.3 Access and management of the Service by the User is made possible by his username and password. The User agrees to inform Next.com of any unauthorised use of his User Account or any other breach of security on his User Account.

7.2.4 Next.com makes available to the User, as part of the Service, a space that is managed by the User under his sole responsibility.

7.2.5 The User undertakes, prior to uploading the User Games, Whose Studio Games and User Content to his User Account or, where applicable, prior to publishing them on the Site, to make the necessary declarations and obtain the necessary approvals for the creation, reproduction and communication to the public of the User Games, Whose Studio Games and User Content as provided by the laws and regulations force.

7.2.6 The Developer Games, Whose Studio Games and User Contents must not conflict with or provide access to information or services that are contrary to the laws and/or regulations in force, as well as the provisions of these Terms. Furthermore, they must not infringe the rights of third parties, nor be likely to tarnish the image of the Service, of Next.com and/or the Orange Group.

7.2.7 The User therefore undertakes that each User Game, each Whose Studio Game and each User Content does not contain:

• words and/or images that may jeopardise public order and morality, respect for human persons and their dignity, equality between women and men and the protection of children and adolescents (paedophilia);
• words and/or pictures that are an incitement to crimes or offences or the trade and consumption of banned substances, prostitution, terrorism, sexual assault, theft, suicide, violence, deliberate damage and deterioration that is hazardous for people, breaches of the authority of the law, etc.;
• words and/or images that glorify or deny or question war crimes and/or crimes against humanity;
• words and/or pictures encouraging, containing or inciting discrimination, insult, hatred or violence against a person or a group of people, in particular because of their origin, their belonging or not to a particular ethnic group, nation, race, or religion, their disability, sexual preference or any other difference;
• Words and/or images that are rude, insulting or libellous towards others, in particular because of their origin, their belonging or not to a particular ethnic group, nation, race, or religion, their disability, sexual preference or any other difference, or which are prejudicial to the image or reputation of a trademark or any natural or legal person, in any way whatsoever;
• words and/or pictures of a pornographic nature or which solicit the exchange, sale or purchase of pornographic and/or illegal material, including photographs, films, videos and images, whether realistic images or not. The foregoing list is not exhaustive;
• words and/or images that promote or facilitate the distribution of any content that is unlawful or objectionable to a reasonable person (threatening, defamatory, vulgar, obscene, hateful, racially, etc.) or which use hateful language (even when masked by symbols or other characters). Thus, any visual depiction of potential illegal products as well as the content relating to blood and death is prohibited;
• the publication, distribution or reproduction, by whatever means, of information that is false, fabricated, falsified or falsely attributed to others;
• words and/or images soliciting payments or donations online; users must be able to play the video games published for free (excluding cost of the Internet connection);
• words and/or images offering unauthorised access by any means, or suggesting damage to an electronic communications network, a computer system, an online service or protected data or the downloading without permission of files, or any other "digital" medium protected by intellectual property rights and/or personality rights;
• words and/or images designed to make, publish or comment on an opinion poll, or any other consultation, regarding the guilt of a person in connection with criminal proceedings or on the penalty that might be imposed against him;
• personal information (including mailing address, email address, telephone number, mobile or landline...);
• words and/or images generally speaking suggesting the sale and marketing of services and/or products of any kind. The donation or exchange of goods that have been stolen or misappropriated or which arise from fraud, breach of trust or any other criminal offences are prohibited, as are the promotion of any so-called "snowball" or so-called "pyramid" selling as prescribed by enforceable legal provisions;
• content infringing intellectual property rights or rights of the individual (e.g. content including, without the permission of the authors and producers, either in their entirety or extracts from them, feature films, videos, television programmes, video synchronised with commercial phonograms, content representing a person in the exercise of his private life or prejudicing his right of personal portrayal).

7.2.8 The User is encouraged to exercise discerning judgment and prudence with respect to information to which he has access and/or transmits.

7.2.9 The User shall also refrain from attempting to mislead a third party by usurping the name or trademark of other persons and especially in claiming to be an employee of Next.com or France Telecom.

7.2.10 The User is liable for the posts, comments, messages or any other participations, whether they are in text, audio, image or video format, which he publishes or "posts" to the Forum, in compliance with the terms of use which are specifically set out for this purpose.

ARTICLE 8 - MODERATION

8.1 The User acknowledges that Next.com may view any User Game, Whose Studio Game and User Content available on the Site: Next.com reserves the right to refuse, modify or remove any User Game, Whose Studio Game or User Content which are in breach of laws and regulations or morals.

Lastly, the User acknowledges that the User Games, Whose Studio Games and User Content (including User Content other than his own) in his User Account must not conflict with, or provide access to (including through hyperlinks), information or services that are contrary to statutory provisions and/or regulations, as well as to the provisions of these Terms. Next.com reserves the right to suspend without notice the User Account of any User violating the provisions of this paragraph.

8.2 In accordance with Article 6-I, subparagraph 7 of Act No. 2004-575 of 21 June 2004 on "Confidence in the Digital Economy" [amended by Act No. 2007-297 of 5 March 2007], Next.com has set up a Service that is easily accessible and visible to all Users in order to enable Users to report, using a "moderation alert", all data that:

• (i) denies or glorifies crimes against humanity,
• (ii) incites racial hatred, child pornography or violence,
• (iii) undermines human dignity,
• (iv) falls under the remit of the offences referred to in the fifth and eighth paragraphs of Article 24 of the law of 29 July 1881 on the freedom of the press and Articles 227-23 and 227-24 of the Criminal Code.

ARTICLE 9 - LIABILITY OF NEXT.COM

9.1 Next.com disclaims any liability:

• with regard to the potentially fraudulent use of any of the flash video games (whether User Games, Whose Studio Games or any other video games) available on the Site;
• for any damage that the User may suffer as a result of the use by a third party of his password, whether or not the User is aware of this use;
• for any damage that the User may suffer as a result of the unauthorised access by a third party to his User Account.

9.2 The User discharges Next.com of any liability with regard to the User Games, the Whose Studio Games and the User Content and the rights attached thereto. Users shall assume all liability for any claim or summons and shall hold Next.com harmless in this regard.

The User shall therefore compensate Next.com for any damage, claim, sentence or demand from any third party as a result of the availability on line on the Site of the User Games, the Whose Studio Games and the User Content.

The User agrees to inform Next.com of any legal proceedings, as well as any claims relating to a User Game, a Whose Studio Game of User Content made available on the Site.

9.3 Next.com cannot be held liable for the consequences arising from the access by a third party to a User Account. Next.com cannot be held liable in the event that a User Account contains a User Game, a Whose Studio Game or a User Content that is unlawful and/or violates the rights of a third party. In the case of manifestly illegal content brought to the attention of Next.com, this latter may immediately suspend or terminate access to the User Game, Whose Studio Game or User Content in question under the terms set forth herein.

9.4 Next.com is responsible for setting up the necessary facilities for the smooth running of the Service and shall take such measures as necessary to maintain the continuity and quality of the service.

9.5 Next.com offers a service for hosting the flash video games (whether they are User Games, Whose Studio Games or any other video games) made available online in the "Games" or "Whose Studio" sections on the Site, as well as for User Content made available online on the Site in those sections which are devoted to them (Forum, in particular). Next.com therefore is liable under the terms set out in Article 6-I-2 of Act No. 2004-575 of 21 June 2004 on "confidence in the digital economy" [Amended by Act No. 2007-297 of 5 March 2007].

9.6 Next.com selects the flash video games (whether they are User Games, Whose Studio Games or any other video games) which are made available online in the "Our Selection" section on the Site, and therefore bears liability as to the contents of these video games, in its role as a publisher.

9.7 Next.com disclaims any liability:

• with regard to the nature of the games offered by its Partners and the contents of those games;
• with regard to the conditions (in particular legal, technical and/or commercial conditions) under which the Partners make it possible for the Players and Users to play the games that are available on their online public communications service which is accessible from the Site;
• with regard to the use made by the Players and the Users of the Partners' games;
• with regard to (a) the nature of the services offered by the Partners on their online public communications service and (b) the conditions under which such services are offered to Players and Users.

9.8 IN THE ABSENCE OF ANY CONTRARY LEGAL PROVISIONS APPLICABLE TO THE TERRITORY FROM WHICH THE PLAYER OR USER ACCESSES THE SITE AND/OR IN WHICH THE PLAYER OR USER USES THE SERVICE, THE FLASH VIDEO GAMES AND THE USER CONTENTS SHALL BE SUPPLIED "AS IS". NEXT.COM DOES NOT GUARANTEE, EITHER EXPLICITLY OR IMPLICITLY, QUALITY OR PERFORMANCE, NOR DOES IT GUARANTEE AGAINST INFRINGEMENT PROCEEDINGS, IMPLICIT WARRANTIES OF COMPLIANCE FOR A SPECIFIC USE OR WARRANTIES CREATED BY THE UNDERTAKING OF NEGOTIATIONS OR USUAL TRADE PRACTICES. NEXT.COM DOES NOT GUARANTEE THAT THE SERVICE WILL MEET THE NEEDS OF PLAYERS OR USERS, WILL BE FREE OF ERRORS OR WILL BE UNINTERRUPTED.

ARTICLE 10 - DISPUTE RESOLUTION

In the event that Next.com receives a complaint from a third party concerning a User Game, a Whose Studio Game or a User Content , the following procedure may be implemented:

a. Next.com shall inform Users by email of the existence of a complaint asking, where appropriate, to provide evidence of its rights and/or authorisations within a given time frame.

b. Next.com may, in accordance with the provisions of article 11 of these Terms, suspend the User Account and/or invite the User to contact the plaintiff in order to resolve the dispute.

ARTICLE 11 - SUSPENSION OR CLOSURE OF THE A USER ACCOUNT

Next.com reserves the right to suspend a User Account, as of right, without notice or compensation:

• as provided in Articles 7.2 and 7.3 of these Terms;
• as provided in Articles 8.1 and 8.2 of these Terms;
• as provided in Article 9.2 of these Terms;
• in the event of any act of hacking or attempted misuse of information circulating on the Internet as a result of or originating from the User Account;
• in the event of an act of hacking or attempted hacking into the Next.com network equipment required for supplying the Service which is caused by or originates from the connection with the User's equipment;
• if any of the information supplied by the User upon registration proves to be inexact;
• in the event of the commercialisation of the Service and/or of all or part of the contents of the Site, in any form whatsoever, by the User to one or more third parties or in the event of misuse of the Service.

If closing a User Account is considered, Next.com shall send the User concerned an e-mail setting out the reasons why his User Account is to be closed. The user shall have a period of one (1) week, if he so wishes, to request access, which Next.com may limit to the minimum necessary, so that he can save the User Games, the Whose Studio Games and User Content onto a medium belonging to him.

ARTICLE 12 - TERMINATION OF A USER ACCOUNT AND TERMINATION OF SERVICE

12.1 Any termination at the initiative of Next.com will be notified by an e-mail sent to the mailbox of the User.

12.2 The User may terminate his account at any time from the Service via a proposed unsubscribe feature. Such termination shall be effective immediately.

12.3 The termination of a User Account shall lead to the deletion, within seven (7) calendar days, of the User Games, Whose Studio Games and User Content uploaded by the User to his User Account. It is then up to the User, under his own responsibility, to backup all the User Games, Whose Studio Games and User Content to a medium belonging to him.

12.4 In the event of suspension of the Service, the User is notified by an information screen when he connects to the Service.

12.5 In the event that the Service is terminated definitively, the User shall be notified by email within one (1) month before closing.

ARTICLE 13 - INTELLECTUAL PROPERTY RIGHTS AND GUARANTEES

13.1 Stipulations common to the Players and Users

Next.com is and remains the owner of the Service, the Site, the software applications (including the games creation engine), the graphic charter, trademarks, logos, designs, technology, software, databases and content made available to Players and Users.

The Players and User acknowledge that they acquire no intellectual property rights over the items belonging to Next.com, as well as all over the flash video games (whether User Games, Whose Studio Games or any other video games), available on the Site. They furthermore shall formally refrain from using them for purposes other than those exclusively provided for herein.

13.2 Stipulations specific to Users

The User is and remains the owner of the User Games, Whose Studio Games and User Content he has uploaded to his User Account or, if applicable, published on the Site.

By accepting these Terms, the User knowingly grants to Next.com for each User Game, each Whose Studio Game and each User Content that he has uploaded to his User Account or, if applicable, published on the Site, the rights:

• (i) to encode, convert and/or modify by any technological means said User Games, Whose Studio Games and/or User Content to formats suitable for the technical needs of the Service and, in particular, for making these User Games and Whose Studio Games available via Widgets; and
• (ii) to fix, reproduce, communicate to the public and distribute these User Games, Whose Studio Games and User Content on the Site, via Widgets, and more generally on any online public communication service published or hosted by Next.com or France Telecom, free of charge (excluding cost of Internet connection).

This license is granted free of charge and covers the territories of the whole world, for the entire legal duration of copyright. The User hereby authorises Next.com to sublicense, free of charge, those rights that have been granted under the terms hereof to any company belonging to the France Telecom/Orange Group in order to reproduce and communicate to the public the User Games, the Whose Studio Games on any online public communication service published or hosted by the aforementioned companies.

13.3 The flash video games (whether they are User Games, Whose Studio Games or any other video games) available in the "Our Selection" section on the Site are protected by the provisions of the Intellectual Property Code. It is strictly forbidden to reproduce or copy (or any other form of reverse-engineering) the contents of these games in whole or in part.

13.4 The User hereby declares and warrants that:

• the User Games, the Whose Studio Games and the User Content do not include any unauthorized content from another work or recording likely to incur the liability of Next.com;
• He has undertaken, where applicable, the necessary assignments or licensing of rights in compliance with the requirements of the intellectual property code or with the personality rights of the authors, scriptwriters, people represented, photographers, filmmakers, performers, phonogram producers, publishers of musical works for synchronisation rights, videogram producers, employees or self-employed people, and more generally all others who might hold the rights to all or part of the component elements of the User Games, the Whose Studio Games and the User Content.

In the event that the civil liability of Next.com were to be incurred as the result of a failure by the User to abide by the obligations incumbent on him by virtue of these Terms and by virtue of enforceable legal and regulatory provisions, Next.com may call upon the User to join proceedings as a third party.

ARTICLE 14 - PERSONAL DETAILS

14.1 The User is solely responsible for the data he communicates through the Service (and in particular through the User Account) and declares that the data are fully informed and accurate.

Under Act No. 78-17 of 6 January 1978 on Data Protection [called the "Loi Informatique et Libertés" and amended by Act No. 2004-801 of 6 August 2004] the User may at any time access the personal data concerning himself kept by Next.com and request changes or deletion. Therefore, under the terms of Article 40 of the Computer Technology and Freedom of Access Act, he can request that information concerning himself which is inaccurate, incomplete, ambiguous, outdated or whose collection or use, disclosure or retention is prohibited be rectified, completed, clarified, updated or deleted.

Next.com may have to communicate information on the User in the context of judicial warrants.

14.2 Throughout the use of the Service and for the purposes of providing evidence, data about the User and the use of the Service are stored and archived confidentially by Next.com, in accordance with statutory provisions.

ARTICLE 15 - APPLICABLE LAW - GENERAL PROVISIONS

15.1 If one or more provisions of these Terms are null or declared as such pursuant to a statute or regulation or as a result of the final decision of a competent court, the other stipulations shall retain their full force and scope.

Stipulations declared null and void will be replaced by provisions which will be as similar as possible in their content to the originally agreed stipulations.

15.2 The parties shall not held accountable, or be deemed to have failed to abide by these Terms, in the event of any delay or failure to act, when the cause of such delay or failure to act is due to force majeure as defined by the French courts.

These Terms represent the entire agreement between the parties and supersede all prior agreements or statements, oral or written, relating to their purpose.

15.3 These Terms are subject to French law. In case of dispute with a merchant on the interpretation, performance or validity of these Terms, the court of jurisdiction will be the Commercial Court of Paris. In case of dispute with a natural person, the court of jurisdiction shall be that of the natural person's domicile.

ARTICLE 16 - CONTACT

Any information, request, claim or dispute relating to the Service must be sent by e-mail to the following address:

contact@whosegame.com

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