Terms of Use

These Terms of Use (hereinafter referred to as the “ToU”) aim to establish the terms and conditions for using the services (hereinafter referred to as the “Services”) offered on the website accessible at the URL https://hermine.gg/ (hereinafter referred to as the “Site”) and the mobile and tablet applications (hereinafter referred to as the “Applications”).

Any person accessing the Site or Applications, regardless of their status (individual or professional), their location, the method of connection to the Site and Applications, the purpose, or the objective of their access to the Site and Applications and/or use of the Services, is considered a user (hereinafter referred to as the “User”).

ARTICLE 1 – ACCEPTANCE OF THE TERMS OF USE

The User is presumed to know and unconditionally accept all of the Terms of Use by the mere fact of connecting to the Site and the Applications, regardless of the digital devices used to access them. The Terms of Use apply concurrently to (i) the Specific Conditions, (ii) the Personal Data and Cookies Policy, and (iii) any current or future variations or extensions of the Site on social and/or community networks.

The User is invited not to connect to the Site and the Applications, nor use the Services, if they do not accept all or part of the aforementioned documents.

The Publisher may modify the Terms of Use at any time. The User is expressly informed that the version in force is the one published online at the time of their access to any of the Services, which the User acknowledges and accepts without restriction, committing to refer to them systematically during each connection.

ARTICLE 2 – ACCESS TO SERVICES AND SUSPENSION OF SERVICES

2.1 Availability of the Site and Applications

The Publisher commits to making its best efforts to ensure that access to and the operation of the Site and Applications are provided without interruption. However, the Publisher cannot be held liable in the event of temporary unavailability of the Site, Applications, and Services (i) due to maintenance of the Site, Applications, or the servers on which they are hosted, (ii) due to events beyond its control, and (iii) due to force majeure.

2.2 Suspension of Access

The Publisher reserves the right to suspend access to the Services (i) in case of loss, theft, and/or use of the User’s identification data, of which the User has informed the Publisher, (ii) in case of non-compliance with the provisions of these Terms of Use, (iii) during maintenance operations. The Publisher cannot be held liable for these interruptions and the consequences that may arise for the User.

2.3 Online Store – Hosting

Any new feature or tool added to the current store will also be subject to the Terms of Use. You can consult the most recent version of the Terms of Use at any time on this page. We reserve the right to update, modify, or replace any part of these Terms of Use by posting updates and/or changes on our website. It is your responsibility to check this page regularly to stay informed of any changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

When you create an account in our Online Store, the terms of use and all aspects related to Products, Services, Prices, billing, or account information are stipulated in our General Terms and Conditions of Sale (“GTC”), which we invite you to consult.

As part of the use of the Online Store and the account(s) created in our Online Store, we collect data that is subject to our Privacy Policy, which we also invite you to consult.

2.4 Third-Party Tools and Links

We may provide you with access to third-party tools over which we neither have control nor intervention.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranty, representation, or condition of any kind and without any endorsement.

We disclaim all responsibility for your use of optional third-party tools.

Any use by you of the optional tools offered on the site is entirely at your own risk, and you must ensure that you are familiar with and approve the terms of use of the tools provided by the relevant third-party provider(s).

Some content, products, and services available through our site may also include materials from third parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability for any third-party materials, products, or services, or for any other third-party websites.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with third-party websites. Please review the third party’s policies and practices carefully and make sure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

ARTICLE 3: USER COMMITMENTS

3.1 User Behavior and Obligations

The Site and the information published on it are reserved for:

• Access to the online store;
• Uses strictly limited to the User’s private and non-commercial purposes and not intended for collective use, whether free or paid;
• Consultation of information through the Publisher’s automated data processing system.

The User declares that they are at least the age of majority in their state or province of residence and that they have not given consent for any of their minor dependents to use this site.

If, at our request, the User submits certain specific contributions (e.g., contest entries), or even if we do not request them, the User submits creative ideas, suggestions, proposals, plans, or any other material, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), the User agrees that the Publisher may, at any time and without restriction, edit, copy, publish, distribute, translate, and use in any manner any Comments submitted by the User. The Publisher shall not be obligated to: (1) Keep Comments confidential; (2) Pay any compensation of any kind for any Comments; (3) Respond to any Comments.

The Publisher may, but is not obligated to, monitor, edit, or remove content that it deems, in its sole discretion, to be illegal, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable, or that violates the intellectual property rights of any party or these Terms of Use.

The User agrees that their Comments do not violate any third-party rights, including copyright, trademark, privacy, personality, or any other personal or property rights. The User further agrees that their Comments do not contain any defamatory, illegal, abusive, or obscene content, nor any computer virus or other malicious software that could in any way affect the operation of the Service or any associated website. The User may not use a false email address, pretend to be someone other than themselves, or otherwise mislead the Publisher or third parties as to the origin of any Comments. The User is solely responsible for the Comments they make and their accuracy, which do not engage the liability of the Publisher.

More generally, as a User, you must:

• Obtain and maintain all necessary licenses (excluding licenses for the software we use to provide HERMINE ESPORTS CLUB Products), consents, and permissions required for us, our subcontractors, and our agents to fulfill our obligations under this Agreement, including, but not limited to, providing the HERMINE ESPORTS CLUB Products;
• Ensure that your network and systems comply with the specifications we provide or make available on our website from time to time;
• Be solely responsible, to the extent permitted by law and unless otherwise expressly provided in this Agreement, for accessing, maintaining, and securing your network connections and telecommunications links between your systems and our data centers, as well as for any issues, conditions, delays, loading failures, and any other loss or damage arising from your network connections or telecommunications links or caused by the internet.

You must not:

• Access, store, distribute, or transmit viruses, Trojans, or other similar elements or devices, or any other material in connection with your use of the HERMINE ESPORTS CLUB Products that:
  • Is illegal, harmful, threatening, defamatory, obscene, infringing, harassing, or racially or ethnically offensive;
  • Facilitates illegal or illicit activity;
  • Depicts sexually explicit images;
  • Promotes violence;
  • Is discriminatory based on race, national origin, gender, skin color, religious beliefs, sexual orientation, or disability; or
  • Is otherwise unlawful or causes harm or damage to any person or property, and we further reserve the right to disable your access to any material that violates the provisions of this clause;
• License, transfer for free or for payment, make available, transfer, assign, distribute, display, disclose, or commercially exploit in any other way, or make the HERMINE ESPORTS CLUB Products and/or documentation available to a third party (other than your Authorized Users); or
• Conduct penetration testing on any Product.

A violation of any of these Terms will result in the immediate termination of the Services.

3.2 Non-Compliance with the Terms of Use

Any User who acts in fraud of these Terms of Use may be subject to civil or criminal proceedings, particularly for violations of copyright, neighboring rights, database producers’ rights, and automated data processing systems.

Criminal proceedings may be initiated by the Publisher against the User under Articles 323-1 et seq. of the French Penal Code if the User fails to comply with these provisions.

ARTICLE 4: PUBLISHER’S LIABILITY

The Publisher reserves the right to insert or authorize any third party to insert advertising, promotional, and/or partnership messages in any space within the Services, without intervening in the Comments.

ARTICLE 5: CONTACT

Any questions regarding the terms of use should be addressed to us at contact@hermine.gg.

ARTICLE 6: SEVERABILITY

In the event that any provision of these Terms of Use is deemed illegal, void, or unenforceable, that provision shall nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Use. This determination shall not affect the validity or enforceability of the remaining provisions.

ARTICLE 7: EVIDENCE AGREEMENT

The Publisher and the User agree to communicate primarily by electronic means. These electronic communications shall constitute valid, admissible, and enforceable evidence between the Publisher and the User.

ARTICLE 8: APPLICABLE LAW AND JURISDICTION

Any non-compliance by the User, regardless of their location, with any provision of these Terms of Use, and more generally any dispute relating to their execution, interpretation, or validity, shall be governed by French law and subject to the jurisdiction of French courts.