Last update: August 2, 2007

These Terms of Use are intended to define the terms and conditions under which France Telecom provides to Internet Users (hereafter "Users") the  website it publishes named Whosegame (hereafter "the Service") from the URL http://www.whosegame.com.

The service allows the User to dispose of a disk space on the servers of France Telecom allowing it to store, organize, view and distribute a set of HTML pages and files edited by the User and / or under his responsibility, including self produced video games, while providing the opportunity for other Users to submit their comments.

Access to the Service and its use are subject to these Terms of Use (hereafter "Terms") that the User agrees to specifically when ordering the service, as well as 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:

Account: All of the resources and networks assigned to a User who can use them to identify himself in the Service with its Username ( "ID" or "nickname") and his password.

Contents: Files Game in SWF formats and have a maximum weight of 10 MB, images (illustrations and screenshots in jpg, png or gif with a maximum weight of 1 MB), of which the User is the author

Forum: Services and spaces accessible from the Web site allowing the expression, exchange or discussion on a given topic.

Service: Service communication to the public online entitled "Whosegame", consisting of the Website described in Article 4 of these Terms.

Website: The version of the service available on the Internet at the address http://www.whosegame.com

User: Physical person using the service for its own needs in the context of a strictly personal and private use.

ARTICLE 2 - OBJECT

These Terms are intended to define the circumstances in which the Service is made available to Users and how Users must use the Service.

ARTICLE 3 - ACCESS SERVICE

3.1 Technical Prerequisites

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

The use of the Service, including the upload of online video games, requires that the User holds a High Speed Internet connexion.

The video games posted on the Web site should be in SWF formats and have a maximum weight of 10 MB.

Users will be asked to add a description to the uploaded video games in order to index them in the service, stating:

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

The titles of video games and indexing tags can be controlled under the terms of article 8 below. The indexing tags can be changed at any time by the User.

3.2 Account creation and Service activation

To access and use the Service, the User must register on the website, stating his full name, mailing address, email address, country, city, zip, date of birth, and by creating an identifier (pseudonym) and a specific password that will be personal.

These are necessary to enable the User to use the included various features of the Service.

The size of the Username is limited to 6 and 20 characters maximum:

• There shall not be any blank spaces between characters of the Username of the User;
• The Username chosen by the User may be already reserved or prohibited. If the Username is already booked another identifier available will be proposed;
• Attention, some characters are forbidden, we recommend using only numbers, letters, the dash, the timing and underscore;
• We also recommend, in order to ensure that the privacy of the User is maintained, that the Username does not include personal information.

The User agrees that the information provided on their registration are reliable and updated continuously.

The confidentiality of the password is the responsibility of the User.

Users agrees also, in order to validate its inscription, to read and accept these Terms.

Hence, a confirmation email will be sent to the User at the email address he has given.

Following a registration from the Website to activate his account, the User must click on the link in the email.

ARTICLE 4 - DESCRIPTION OF THE SERVICE

France Telecom makes available to the User of the Service features to realize, publish and upload Content that he administers alone.

These features include;

• Administer his identification sheet;
• Describe and organize his profile and / or the presentation of his artistic project,
• Upload Content that he owns: Game files, images (illustrations and screenshots);
• Administer the publication of the contents he has loaded;
• Be informed of usage and audience related to his contents,
• Rate the games of other Users of the Service
• Publish comments about video games from other Users of the Service;
• Leave a comment on a video game;
• Fill and administer a personal list of favorite video games;
• Publish posts on the Forum;
• Play for free to video games uploaded (excluding cost of the Internet connection).

France Telecom also lets visitors of the Service:

• View profiles and / or presentations Users in different spaces provided;
• Look at the messages posted on the Forum;
• Play video games;
• View the comments and ratings for video games.

ARTICLE 5 - DURATION

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

France Telecom reserves the right to delete the contents of the User in the event of non authentication on the Service by the User for a period of six (6) months.

ARTICLE 6 - MODIFICATIONS OF THE SERVICE

France Telecom reserves the right to change the Service, including making available new features, or by modifying or deleting certain features.

The User will be informed of any changes affecting at least one (1) month before its entry into force. In this case, the User may terminate his account without charge under the terms of Article 13.2 of these Terms.

ARTICLE 7 - RESPONSIBILITY FOR THE USER

7.1 It is recalled that the Service, as well as all the features that characterize it can be implemented only if the User has a compatible device as described in Section 3 hereof. The User is responsible of the proper working of his equipments.

Thus, it is up to the User to take all the proper measures on the equipments he uses to protect such equipments from possible contamination by viruses or hacking attacks. By “Equipment” must be understood as including, without this list has any limitation or exhaustive: personal computer messaging system, Internet access, software programs and data, mobile terminal. The User agrees not to incorporate to the Service documents, software or any other information that may damage computers or terminals of other Users or that can enable unwarranted access to data protected accounts of other Users.

7.2 THE USER NOTES THAT AS THE OWNER OF THE RIGHTS OF EXPLOITATION OF THE CONTENTS THAT HE CHOOSES TO UPLOAD:

• HE IS LIABLE AS TO POSSIBLE ACTIONS, CIVIL OR CRIMINAL CAN RESULT OF A BREACH OF THIRD-PARTY RIGHTS OR TO PUBLIC THROUGH THE CONTENT, AND
• HE GARANTEES THIS LIABILITY TO FRANCE TELECOM AGAINST ANY APPEAL OR ACTION IN THIS REGARD.

7.3 The User shall not disclose through Content identification information and precise names of the third parties or himself, including email address and password.

7.4 Access and Management of the Service by the User is provided by his Username and password. The User agrees to warn France Telecom of any unauthorized use of his account or any other breach of security on his account.

7.5 France Telecom makes available to the User, as part of the Service, a space that is managed by the User under his sole responsibility.

7.6 The User agrees, prior to the development and publishing of the contents, to make statements and obtain approvals related to the publishing and replication of Contents (sounds, images, texts) to the conditions provided by the laws and regulations.

7.7 The Contents must not conflict, or provide access to information or services contrary to the laws and / or regulations, as well as provisions of these Terms. In addition, they must not infringe the rights of third parties, nor be likely to tarnish the image of the Service and / or the France Telecom Group.

7.8 Thus the User agrees that each content does not contain:

• Words and / or images that may jeopardize public order and morality, respect for the human person and his dignity, equality between women and men in the protection of children and adolescents (pedophilia);
• Words and / or pictures encouraging the commission of crimes or trade and consumption of banned substances, prostitution, terrorism, sexual assault, theft, suicide, violence, damage and voluntary deterioration dangerous for people, damage to the authority of Justice, etc.;
• Words and / or images that glorifies or denial or questioning of war crimes and / or against humanity;
• Words and / or pictures encouraging, containing or causing to discrimination, insult, hatred or violence against a person or a group of people, in particular, because of their origin, or whether or not they belong to an ethnic group, nation, race, or religion, disability, sexual preference or any other difference;
• Words and / or images rude, insulting or diffamants towards others, in particular because of their origin, or whether or not they belong to an ethnic group, nation, race, or religion, disability, sexual preference or any other difference, or prejudicial to the image or reputation of a trademark or any natural or legal person, in any way whatsoever;
• Words and / or pictures with pornographic or soliciting for the exchange, sale or purchase of pornographic materials and / or illegal nature, including photographs, films, videos and realistic images or No, this list is not exhaustive;
• Words and / or images that promote or facilitate distribution of any unlawful or objectionable to a reasonable person (threatening, defamatory, vulgar, obscene, hateful, racially, etc.). Employing or hateful language (even masked by symbols or other characters). Thus, any visual depiction of illegal products as well as the potential content relating to blood and death is prohibited;
• The publication, distribution or reproduction, by whatever means of false information, fabricated, falsified or falsely attributed to others elements;
• Words and / or images soliciting payments or gifts online, Users must be able to play for free video games published (excluding cost of the Internet connection)
• Words and / or images by any means offering unauthorized access, or deterioration of an electronic communications network, a computer system, online service or protected data or 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 fixed ...);
• Words and / or images suggesting a general sales, marketing services and / or products of any kind. The donation or exchange of goods or stolen from misuse, of fraud, breach of trust or any other criminal offences are prohibited as well as the promotion of all sales to the so-called "Snowball" or so-called "Pyramid selling" proscribed by the regulations;
• Content infringing intellectual property rights or rights of the individual (e.g. the content including, without permission of authors and producers, in their entirety or extracts from them, feature films, videos, television programs, video synchronized with commercial phonograms, Content representing a person in the exercise of his private life or prejudicing his privacy (e.g. "Droit à l’image")).

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

7.10 The User shall also attempt to mislead a third party by usurping the name of other people and especially in claiming to be an employee of France Telecom.

7.11 The User shall no reproduce, copy, sell, or exploit for any commercial purpose whatsoever any portion of the Service, use of the Service, or access to the Service.

ARTICLE 8 - MODERATION

8.1 User acknowledges that France Telecom may view the published content. France Telecom reserves the right to refuse or modify or remove any Content that violates the laws and regulations or morals. Finally, User acknowledges that the contents of his personal space and the comments left by other Users must not conflict, or provide access (including through hyperlinks), information or services contrary to the statutory provisions and / or regulations, as well as provisions of these Terms. France Telecom reserves the right to suspend the account without notice of any User violating the provisions of this paragraph.

8.2 In accordance with Article I-6 - 7 of Law No. 2004-575 of June 21, 2004 "on Confidence in the Digital Economy" [amended by the Act of March 5, 2007], France Telecom sets up an easily accessible and visible to all Users enabling Service to inform him, via a "moderation alert", all data that glorifies crimes against humanity, inciting racial hatred as well as pornography child or violence, affecting the dignity of the human person, as well as against the offences referred to the fifth and eighth paragraphs of Article 24 of the law of 29 July 1881 on the freedom of the press and rule 227-23 and 227-24 of the Criminal Code.

ARTICLE 9 - RESPONSIBILITIES OF FRANCE TELECOM

9.1 France Telecom declines all responsibility for the fraudulent use that could be made of Content published on the Service by Users, for any damage that the User may suffer because of the use by others of his word password that the User was aware of this or not use, or unauthorized access by a third party on account of a User.

9.2 User France Telecom discharge of any liability with regard to the content and the rights attached thereto. Users assume any responsibility for any claim or summons and warrants France Telecom under this heading.

Thus the User France Telecom compensate for any damage, complaint, condemnation or demand from third parties as a result of the dissemination of content on the Service.

The User agrees to inform France Telecom of any legal proceedings, as well as claims relating to a content broadcast on its storage space as part of the Service.

9.3 France Telecom will not be liable for the consequences resulting from access by third parties to the storage space of a User within the Service. France Telecom could not be held liable in the event that a personal space would contain a User Illegal and / or violate the rights of any third party. In the case of manifestly illegal content brought to the attention of France Telecom, it may suspend or terminate without delay access to the content in question under the conditions specified herein.

France Telecom 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.

France Telecom is not responsible for loss or modification by the User articles, photos and the comments included in the personal storage space for a User by another User.

ARTICLE 10 - DISPUTE RESOLUTION

In the event that France Telecom would receive a complaint from a third party concerning any Content, the following procedure may be implemented:

10.1 France Telecom inform by email Users of the existence of a complaint asking, where appropriate, to provide evidence of its rights and / or permits within a given time frame.

10.2 France Telecom may suspend accordance with the provisions of article 8 of these Terms and / or invite the User to contact the third complainant to resolve the dispute.

ARTICLE 11 - SUSPENSION OR CLOSURE OF THE ACCOUNT OF A SERVICE USER

France Telecom reserves the right, in accordance with the provisions of Terms to suspend or close to full legal right of a User Account, without notice or compensation:

• In the cases provided for in Article 8.2 last paragraph above;
• In the case under Article 9.2 above;
• In the event of any act of hacking or attempted misuse of the information circulating on the network with the cause or the origin of the User Account;
• In the event of an act of piracy or attempted piracy network equipment to France Telecom needed to provide the Service with the cause or origin connection with the equipment of the User;
• If any of the information supplied by the User upon registration;
• In the event of commercialization of the service in whatever form by the User to one or more third parties or misuse of the Service.

ARTICLE 12 - INTELLECTUAL PROPERTY RIGHTS AND GUARANTEES

12.1 By accepting the Terms, the User grants to France Telecom, in an informed manner and for each content puts it online through the Service, the rights to encode or convert if any Content formats suitable for technical needs of the Service, for the following operations:

• The communication and publishing of the contents, all or part of the public from the Service, or more generally from any communication service to the public online edited by France Telecom, on a pro bono basis (excluding the price of the subscription for 'Internet access).

This license means rights for the territories worldwide, and for the duration of the subscription of the User Service. France Telecom is authorized to dismiss under the rights granted under these Terms to any third party.

These rights are granted for all copyright and related rights apply (including writers, directors, performers, etc.). To Content.

Any use of the Content for other purposes is excluded.

To all intents and purposes, it is clear that France Telecom has sole publisher of quality service which it provides free promotion and it markets under conditions it specifies only in the Terms, with all or part of the public.

12.2 The User represents and warrants that:

• Contents do not include any unauthorized content from another content or recorded content likely to engage the responsibility of France Telecom;
• He has proceeded, if necessary, to transfers or licenses of law conform to the requirements of the Code of intellectual property or rights of personality, with the authors, scriptwriter, people represented, photographers, filmmakers, performers, producers phonograms, publishers of musical works for the right timing, Videogram Producers, employed or self-employed, and more generally all others who might hold the rights to all or part of the component elements of the Content.

Article 13 - TERMINATION OF THE USER'S ACCOUNT AND TERMINATION OF SERVICE

13.1 Any termination at the initiative of France Telecom will be notified by email on the mailbox of the User.

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

13.3 Termination of a User Account will remove, within 48 hours, online content on the servers of France Telecom. It is then up to the User, under its own responsibility, to proceed with the backup of all its contents on an belonging to him.

13.4 In the event of suspension of service, the User is notified by a screen of information at its connection to the Service.

13.5 In the event of termination of the Service, the User is notified by email within one (1) month before closing.

ARTICLE 14 - PRIVACY

14.1 The User is solely responsible for the data it communicates through the Service and declares that the data are fully informed and accurate.

According to the Law No. 78-17 of 6 January 1978 [amended by the Act of August 6, 2004], the User may at any time access to personal information concerning held by France Telecom, ask for its modification or deletion. Thus, under the terms of Article 40 of the law and Freedoms, it can request that will be rectified, completed, clarified, updated or deleted information concerning him that are inaccurate, incomplete, ambiguous, outdated or whose collection or use, disclosure or retention is prohibited.

France Telecom may have to communicate information on the User in the context of judicial warrants.

14.2 Throughout the use of the Service, for any purpose evidence, data about the User and the use of the Service are stored and archived confidentially by France Telecom, in accordance with statutory provisions.

ARTICLE 15 - LAW

If one or more provisions hereof Terms are null or declared as such pursuant to a statute, regulation or as a result of a final decision of a competent court, the other stipulations will keep all their force and scope .

Stipulations declared null and void will be replaced by provisions which will bring most of their content of the terms originally agreed.

The parties are not held accountable for, or deemed to have failed to present Terms, for any delay or failure, when the cause of the delay or failure to perform is due to force majeure as defined by the French courts.

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

Any claim or dispute relating to the Service must be sent in writing to the following address:

contact@whosegame.com.

These Terms is subject to French law. In case of dispute with a merchant on the interpretation, performance or validity of these Terms, the competent court will be the Commercial Court of Paris. In case of dispute with a person, the court will be that in the place of the individual.

France Telecom SA, a public limited company with a capital of EUR 10,426,692,520. RCS Paris 380 129 866. Headquarters: 6 Place d'Alleray - 75015 Paris - FRANCE.