General terms of use
Last updated version: November 07th, 2024.
I. Purpose
These General Terms and Conditions of Use (hereinafter referred to as “GTCU”) define the conditions of access and the terms of provision of the Website and Services by the Company Prodigy Agency (hereinafter referred to as the "Company"). The GTCU must be accepted by any User wishing to access the Website. They constitute the Contract between the Company and the User. Access to the Website by the User means his acceptance of these General terms and conditions and his undertaking to respect them. In case of non-acceptance of the GTCU, the User must renounce access to the Services offered by the Website. The Company reserves the right to unilaterally modify the content of these GTCU at any time. These GTCU are available on the Website under the heading "General terms of use".
II. Definitions
"Prodigy Agency" or the "Company": meaning the owner and publisher of all rights (including those relating to intellectual property) of the Website and providing the User access to the Services.
Prodigy Agency SAS, with a share capital of 85,000 euros, registered in the Trade and Companies Register of Toulouse under the number RCS 890 673 965 and whose registered office is located at 3 rue Dieudonné Costes, 31700 Blagnac.
"Services": meaning all the functionalities offered by the Website as well as other websites, applications, communications linked to the Website, offered under this Contract.
"User": meaning any individual person who accesses the Website, on their behalf or for someone else such as their company, regardless of where they are and how they connect to the Website.
"Website": meaning all products and services offered by Prodigy Agency on the Internet from the address https://prodigy-agency.gg/ .
III. Terms of access to the Website
Access to the Website can only be offered to Users who have a compatible computer configuration, in compliance with the following prerequisites: They have a high-speed Internet connection contracted with an access provider known on the market; More generally, they have the equipment and material means to access and browse the Website.
Access to the Website is open to any User connecting from the following URL address: [https://prodigy-agency.gg/]. The Website is accessible free of charge, in any place and to any User having access to the Internet. All costs related to access, whether hardware, software or Internet access, are exclusively the responsibility of the User. The User is solely responsible for the proper functioning of their computer equipment and Internet access.
The Website allows the User to access the following Services: Presentation of the Company's activity and its internal and staff teams; Presentation of the Players represented by the Company on the various games of esports; Informative media on the activities of the Company concerning its partnerships, related activities concerning the brands.
Due to the nature and complexity of the Internet network, and in particular its technical performance and response times for consulting, querying or transferring information data, the Company makes its best efforts to allow access and use of the Website.
The Company makes every effort to implement technical solutions to allow access to the Website 24 hours a day, 7 days a week, except in the event of force majeure or an event beyond the Company's control and subject to any breakdowns and maintenance operations necessary for the proper functioning of the Website and its Services. Moreover, the Company may suspend, limit or interrupt access to the Website or to certain pages thereof in order to make updates, changes to its content or any other action deemed necessary for the proper functioning of the Website at its sole discretion and without any particular need for prior agreement from Users.
The Company cannot therefore guarantee infallible availability of the Website and its Services, reliability of transmissions and performance in terms of response time or quality. No technical assistance is provided to the User, whether by electronic or telephone means, the User being solely responsible for the use he makes of the Website.
The Company shall not be held liable in the event of impossibility of access to the Website and / or use of the related Services. Moreover, the Company may be required to interrupt the Website or part of its Services at any time and without notice, all without the right to compensation. The User acknowledges and accepts that the Company is not responsible for such interruptions and the consequences that may result from them. Moreover, the Company may reserve the right to complete or modify the Website at any time in accordance with the evolution of technologies.
IV. Liability
Liability of the Company
The Company is responsible for the provision of the Services under an obligation of means for any direct, material and foreseeable damage of any kind. The information and/or documents appearing on this Website and/or accessible through this Website come from sources considered reliable. However, this information and/or documents may contain technical inaccuracies and typographical errors. The Company reserves the right to correct them as soon as these errors are brought to its attention.
The User acknowledges and accepts the Company's irresponsibility in the event of: Malfunctions of the server or the network; Damage resulting from their own actions and/or that of a third party and/or a case of force majeure.
In addition, the Company does not assume any commitment or any responsibility, of any form whatsoever, with regard to: The consequences in case of interruption or failure of the Internet network and/or Internet access services; The consequences of non-compliance with the General Terms and Conditions of Use by the User; The consequences in case of failure and/or security breach of the User's computer equipment; The incompatibility of the Website with any hardware or software.
Liability of the User
The User is responsible for the use of the Services they make on the Website and for the equipment they use. The User undertakes to use the Services under their exclusive responsibility. The User is solely responsible for the use of the Services in accordance with the provisions of this Agreement. The User agrees to use the Website and the information to which they have access only in accordance with the Terms of Use defined herein.
Force majeure
Force majeure is defined as any unforeseeable, irresistible, and external event beyond the Parties’ control that makes it impossible to perform the obligation under this Contract. This includes, but is not limited to, natural disasters, acts of war, riots, terrorist attacks; epidemics, pandemics, general strikes, and failures of infrastructures, telecommunications networks, or electrical grids.
Consequently, the Company shall not be held liable under any circumstances for lack of access to the Website resulting from a force majeure event, regardless of its duration.
V. Intellectual Property
The general structure of the Website, as well as the texts, images, sounds, photos, videos and downloads are the exclusive property of the Company.
The brands, logos, signs and all content of the Website (text, images, sounds ...) are protected by the Code of Intellectual Property and more particularly by copyright.
The brand "Prodigy Agency" is a trademark registered by the company Prodigy Agency and registered since October 20, 2021 with the European Office of Intellectual Property (EUIPO). Any representation and / or reproduction and / or exploitation of all or part of this mark, of any kind whatsoever, is totally prohibited.
The User must request prior authorization from the Company for any reproduction, publication, extract or copy of the various contents. The User undertakes to use the contents of the Website in a strictly private context; any use for commercial or advertising purposes is strictly prohibited and may lead to legal action by the Company.
Any total or partial representation or fraudulent use of the elements of this Website by any process whatsoever, without the express authorization of the Company, would constitute an infringement punishable by articles L. 335-2 and following of the French Intellectual Property Code.
Other distinctive signs, including corporate names, trade names, signs, domain names reproduced on the Website are the property of the Company or authorized third parties. Any unauthorized reproduction is likely to engage the responsibility of its author under Article 1240 of the French Civil Code.
VI. Hypertext links
The Website may contain hypertext links to other Internet websites over which the Company has no control. In spite of the preliminary and regular checks carried out by the Company, the latter declines any responsibility for the contents which can be found on these websites.
Excluded from this authorization are websites disseminating information of an illicit, violent, controversial, pornographic or xenophobic nature, or which may offend the sensibilities of a large number of people.
Finally, the Company reserves the right to remove at any time a hypertext link pointing to its Website, if the website in question is deemed not to comply with its editorial policy. The Company shall not be held responsible for the accuracy, copyright compliance, legality or decency of the content of external websites or resources.
VII. Data collection
The Website collects Personal Data when a User fills in any of the forms present on the Website. The Website ensures the User a collection and processing of Personal Data in compliance with the Regulation 2016/679 of April 27, 2016, General Data Protection Regulation (hereinafter referred to as the "GDPR"), relating to the protection of natural persons with regard to the processing of personal data and the free movement of such data by its Privacy Policy.
Under the GDPR, the User has the right to access, rectify, delete and object to their Personal Data. The User exercises this right: By email to the following address: data-protection@prodigy-agency.gg By written complaint addressed to the following postal address: 3 rue Dieudonné Costes, 31700 Blagnac, France
VIII. Evolution of GTCU
Current version: October 24th, 2024.
Connection to and use of the Website implies unreserved acceptance of these General Terms and Conditions of Use. The Company reserves the right to make improvements and/or modifications to the Website or to the GTCU at any time and without prior notice or information to the User.
The User will be notified of any changes, at the Website editor's discretion, by posting a notice on this Website or by other means of communication. Users who access this Website after the posting or other communication of changes on the Website are bound by such changes upon posting or communication of such notices or new terms on the Website, even if the User does not visit the page on which the changes or new terms are posted.
IX. Contract duration
These General Terms and Conditions of Use are valid for an indefinite period of time and in particular for the duration of the existence of the Website and its use by a User, or at least conditional on the existence of the Company.
The beginning of the use of the Services of the Website marks the entry into force of the Contract with regard to the User.
X. Applicable law and competent jurisdiction
This Contract is subject to French law. The User is hereby informed that they may contact the consumer affairs mediator in order to amicably resolve any dispute that may arise on this occasion. If no amicable resolution of a possible dispute between the Parties is reached, the competent French courts will be called upon to settle the dispute.