Terms of Service

Last updated: April 18th, 2022.

Welcome to the Pocket Parisians Terms of Service đź“š

Introduction

The terms of this agreement ("Terms of Service") govern the relationship between you and Cordial Bats ("Cordial Bats", “Pocket Parisians”, "us", or "we") regarding your use of our games, sites and related services (the "Services"). In addition, our Privacy Policy and other relevant policies also govern the Services' use.

Before accessing or using the Services, including browsing any Cordial Bats website or accessing a game, you must agree to these Terms of Service and the Privacy Policy. In addition, if you are under the legal age of majority in your country of residence, your legal guardian must review and agree to these Terms of Service.

By installing, using or otherwise accessing the Services, you agree to these Terms of Service. If you do not agree to these Terms of Service, please do not install, use or otherwise access the Services. Use of the Services is void where prohibited.

At its discretion, Cordial Bats reserves the right to change, modify, add or remove portions of these Terms of Service, its Privacy Policy, and other relevant policies by posting the amended terms on the Services. You will be deemed to have accepted such changes by continuing to use the Services. If you do not agree to any portion of the then-current version of our Terms of Service, the Privacy Policy, or any other policy, rules or codes of conduct, your right to use the Services shall immediately terminate. You must immediately stop using the Services.

1. Using the Services

1.1. Your Right to Use the Services

Subject to your agreement and continuing compliance with these Terms of Service and any other relevant Cordial Bats policies, you have a non-exclusive, non-transferable, non-sublicensable, revocable and limited right to access and use the Services for your non-commercial entertainment purposes. You agree not to use the Services for any other purpose.

You accept full responsibility for any unauthorised use of the Services by minors. In addition, you are responsible for any use of your credit card or other payment instruments (such as Paypal) by children.

Use Limitations

Any use of the Services in violation of these Use Limitations is strictly prohibited, can result in the immediate revocation of your limited right and may subject you to liability for violations of law.

You agree that you will not, under any circumstances:

  • Engage in any act that Cordial Bats deems to be in conflict with the spirit or intent of the Services or make improper use of Cordial Bats’ support services.
  • Use or take part (directly or indirectly) in cheats, exploits, automation software, emulators, bots, hacks, mods or any unauthorised third-party software designed to modify or interfere with the Services.
  • Modify or cause to be modified any files that are a part of the Services without our express written consent.
  • Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server used to offer or support the Services or any Cordial Bats game environment.
  • Institute, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Services, or other attempts to disrupt the Services or any other person's use or enjoyment of the Services.
  • Attempt to gain unauthorised access to the Services, including but not limited to, by circumventing or modifying, attempting to circumvent or modify part of the Services.
  • Attempt to, or harass, abuse, harm, incite harassment of another person, group and Cordial Bats employees.
  • Reverse engineer, decompile, disassemble, decipher, or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Services.
  • Obtain any information from the Services using any method not expressly permitted by Cordial Bats.
  • Sell, buy, trade, or exploit any part of the Services for commercial purposes (or attempt any of these actions).
  • Use any Cordial Bats game for gambling, betting or any similar activity in which prizes or rewards can be won (directly or indirectly), irrespective of whether or not there is a fee or stake involved.

Cordial Bats reserves the right to determine what conduct it considers to violate the rules of use or otherwise outside the intent or spirit of these Terms of Service or the Services themselves.

1.2. Suspension and Termination of Services

Cordial Bats reserves the right to stop offering or supporting the Services or a particular game or part of the Services. At this point, your right to use the Services or a portion thereof will be automatically terminated. Cordial Bats shall not be required to provide refunds, benefits, or compensation to users in connection with discontinued Services.

2. Ownership

2.1. Games and Services

Cordial Bats owns all rights, titles and interests in and to the Services. It includes any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catchphrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, recordings of games played using a Cordial Bats game client.

Cordial Bats reserves all rights, including all intellectual property rights or other proprietary rights, in connection with its games and the Services.

2.2. Virtual Content

Cordial Bats owns, has licensed, or otherwise has rights to use all of the content that appears in the Services. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content in the Services.

3. Updates to the Service

Cordial Bats may require you to accept updates to the Services and Cordial Bats’ games you have installed. You acknowledge and agree that Cordial Bats may update the Services without notifying you. You may need to update third-party software to receive the Services and play Cordial Bats games.

4. Disclaimer of Warranties

Without limiting Cordial Bats’ liability under the section below, the Services are provided on an “as is” and “as available” basis. Cordial Bats provides the Services without warranties of any kind, including the warranties of merchantability, fitness for a particular purpose, title, non-infringement, and those arising from dealing or usage of trade.

Cordial Bats does not warrant that:

  • The Services will be accessible at your chosen times or locations.
  • The Services will be uninterrupted or error-free, and defects will be corrected.
  • The Services are free of viruses or other harmful components.

Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above disclaimers may not apply to you.

5. Limitation of Liability

To the maximum extent permitted by law, Cordial Bats shall not be liable to you for any indirect, incidental, consequential, special, punitive or other similar damages. Those damages include, but are not limited to, loss of revenues, lost profits, lost data or business interruption or other intangible losses arising out of or relating to these Terms of Service or the Services themselves. In addition, to the extent not prohibited by law, Cordial Bats shall not be liable to you for more than the amount you have paid to Cordial Bats per these Terms of Service in the six months immediately preceding the date you first assert a claim. You acknowledge and agree that if you have not paid anything to Cordial Bats during such period, your sole remedy (and our exclusive liability) for any dispute with Cordial Bats is to stop using the Services.

Nothing in these Terms of Service shall affect the statutory rights of any consumer or exclude or restrict any liability resulting from gross negligence or willful misconduct of Cordial Bats or for death or personal injury arising from any negligence or fraud of Cordial Bats.

You agree to indemnify, defend and hold Cordial Bats (and our officers, directors, agents and employees) harmless from any claim, damages or other losses (including reasonable attorneys' fees) asserted by any third party resulting from your use of the Services, or any breach by you of these Terms of Service. However, the previous does not apply if the infringement of the rights is not attributable to your intentional or negligent behaviour.

6. Dispute Resolution

You and Cordial Bats agree that the processes for dispute resolution described in this agreement will apply to any dispute or claims related to these Terms of Service, the Privacy Policy, or the Services. Disputes include any claims of any kind, including but not limited to legal, equitable, or statutory claims.

If a dispute arises between you and Cordial Bats, we strongly encourage you to contact us directly to seek a resolution by contacting support@cordialbats.com.

  • If you are a resident of France, these Terms of Service and any dispute arising out of or related to it or the Privacy Policy or the Services shall be governed in all respects by French law, without regard to conflict of law provisions. You agree that any claim or dispute against Cordial Bats must be resolved exclusively by a court located in France.
  • If you are a resident outside of France, you agree that all disputes between you and Cordial Bats shall be governed by the laws of France, without regard to conflict of law provisions. Furthermore, you agree that any claim or dispute against Cordial Bats must be resolved exclusively by a court located in France.

7. Severability

You and Cordial Bats agree that if any portion of these Terms of Service or the Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective. Such provision shall be ineffective solely to the extent of such determination of invalidity. It does not affect the validity or enforceability in any other jurisdiction and does not affect the remaining provisions of the terms.

8. General Provisions

8.1. Assignment

Cordial Bats may assign or delegate these Terms of Service or the Privacy Policy, in whole or in part, to any person or entity, at any time, with or without your consent. However, you may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without our prior written consent. Any unauthorised assignment and delegation by you are ineffective.

8.2. Supplemental Policies

Cordial Bats may publish additional policies related to specific services such as forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Service.

8.3. Entire Agreement

These Terms of Service, any supplemental policies and any documents expressly incorporated by reference herein (including the Privacy Policy) contain the entire understanding of you and Cordial Bats. In addition, they supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us concerning the Services.

8.4. No Waiver

The failure of Cordial Bats to require or enforce strict performance by you of any provision of these Terms of Service or the Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of Cordial Bats’ right to assert or rely upon any such provision or right in that or any other instance.

The express waiver by Cordial Bats of any provision, condition, or requirement of these Terms of Service or the Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

Except as expressly and specifically outlined in this these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by Cordial Bats shall be deemed a modification of these Terms of Service nor legally binding unless documented in physical writing, hand signed by you and a duly appointed officer of Cordial Bats.

8.5. Notices

We may notify you via postings in our games or any other communication means to contact you provide to us. All notices given by you or required from you under these Terms of Service or the Privacy Policy shall be in writing and addressed to support@cordialbats.com.

8.6. Equitable Remedies

You acknowledge that the rights granted and obligations made under these Terms of Service to Cordial Bats are of a unique and irreplaceable nature. The loss of those rights and obligations irreparably harms Cordial Bats. It cannot be replaced by monetary damages alone. Cordial Bats shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of a breach or anticipatory breach by you.

You irrevocably waive all rights to seek injunctive or other equitable relief or to enjoin or restrain the operation of the Services, or exploitation of the Services or any content or other material used or displayed through the Services and agree to limit your claims to claims for monetary damages, limited by Section 5 (if any).

8.7. Force Majeure

Cordial Bats shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Cordial Bats, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Cordial Bats’ control such as war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labour or materials.