These ToU are applicable to the Website as well as the Application. They can be found at https://static.virtualregatta.com/ressources/ToU_VR.htm
Article 1: Acceptance/Modification of the ToU
1.1These ToU constitute a legally binding contract between the Company and the User. In order to be able to register and play on the Website and/or the Application, the User must have expressly and irrevocably accepted these ToU by ticking the box provided for this purpose at the time of registration.
The User, therefore, confirms that he or she has read all of these ToU before using the Services.
These ToU, as well as Virtual Regatta's Charter for the use of communication and expression spaces and the Charter for the protection of personal data, constitute the entire contract between the User and the Company.
If the User wishes to participate in the eSailing World Championship, organized in collaboration between Virtual Regatta and World Sailing Limited, he must also accept the rules corresponding to this competition.
Minors are required to obtain the consent of their parents or legal guardians. By using the Company's Services, the User undertakes to comply with these ToU.
1.2The Company may amend these ToU at any time. The User will be informed by any means of the new applicable ToU.
In the event of any modification of these ToU, the User must accept the new ToU at the time of login to his/her account. The User will only be bound by the new ToU once he has accepted them.
The User's refusal of the new ToU will result in the User being unable to continue using the Services.
Article 2: Description of the Services accessible on the Website
The Company offers two types of Games on its Website:
- Virtual Regatta Offshore: Offshore racing games
- Virtual Regatta Inshore: Real-time multiplayer racing games.
The Website also provides access to the following Services:
- Virtual Sailing Ranking (VSR): a ranking designed to highlight the virtual performance of each competitor.
- Community spaces: the User can interact with other users in the space called "club-house" or in groups. Groups allow players to come together to compare their performance and to use dedicated communication tools;
- A News section
- A Shop: the User may acquire credits, options or renewable subscriptions as part of the games.
Article 3: Registration and Accounts
3.1: Registration process / account creation
The User declares that he/she is a real person of full age in his/her country of residence, or has obtained the authorization of his/her legal representative if he/she is a minor, to access the Services and the Games. The persons exercising parental authority are responsible for the minor User's compliance with the ToU.
To create a User account, the following information is required:
- Boat name/nickname
Once the form is completed, the User validates the information given and its accuracy by clicking on the validation button. A confirmation email will then be sent to the User in which there is a link on which he/she will have to click to confirm his/her registration.
The User must provide additional Information to appear in the rankings (Virtual Regatta Offshore) and/or to participate in the eSailing World Championship (Virtual Regatta Inshore)…
- Sex, Surname, First name, Postal code, City, Telephone number, Date of birth
The information provided must be accurate, complete, verifiable and updated by the User.
In the context of official competitions, the user undertakes to: (i) provide accurate, current and complete information as prompted by the registration form for the relevant game ("Advanced Profile") and (ii) maintain and promptly update the data to ensure that it remains accurate, precise, current and complete.
If the User provides, or if Virtual Regatta can reasonably assume that the User has provided incorrect, inaccurate, not current or incomplete information, or if Virtual Regatta reasonably believes that the User has breached its obligations under these terms and conditions, Virtual Regatta is entitled to suspend or terminate the User's account and prohibit the current and/or future use of the games.
3.2: Vessel name/Nickname:
The nickname is visible to other Users. The User undertakes to choose a nickname that is available and legal. The choice of the pseudonym must not infringe any intellectual property right (use of a protected trademark, use of the name of a protected work,...), trade name or personality right of third parties.
The nickname/boat name should not refer to a political orientation, ethnicity, community or religion. It must not be vulgar, insulting, discriminating, racist, or violate the rights of any third party. It must not have a sexual or pornographic connotation.
In the event of non-compliance with the above provisions, the Company reserves the right to delete a User account or a pseudonym.
Article 4: Responsibility/Security
The User is solely responsible for his/her User account and identifiers.
The User's login and password are personal and confidential.
To guarantee the security of his/her User account, the User undertakes in particular to:
- Not to disclose to third parties his/her login ID or password;
- Take all necessary precautions to prevent third parties from gaining access to it;
- Use a personal mailbox and do not share it;
- Do not play on a third party's User account.
The lending, sharing, exchange, donation, purchase, transfer and sale of User accounts is prohibited. Any loan, sharing, exchange, gift, purchase, transfer or sale of a User account shall not be enforceable against the Company and may give rise to the penalties provided for in Article 12 of these ToU.
In the event of fraudulent use of his/her User account and/or password, or in the event of loss or theft of his/her identifiers and/or password, the User undertakes to immediately inform the Company.
Any action will be considered as carried out by the User until receipt of an email informing the Company that its confidential data has been usurped.
Article 5: Obligations of the User
5.1. Rules governing communication spaces between Users
The Company offers Users several spaces for communication and expression:
- The community space integrated into the Virtual Regatta portal, which includes both the «club-house» and groups.
- In-game messaging.
By using these communication and expression spaces, the User undertakes to comply with these ToU and the Virtual Regatta Charter for the Use of Communication and Expression Spaces, which he/she has expressly and irrevocably accepted by checking the box provided for this purpose on the Website at the time of registration.
The Company is in no way responsible for the content and words created by the User in these communication and expression spaces.
The User is fully and entirely responsible for the comments he/she makes and the content he/she shares in these communication and expression spaces.
In particular, it is prohibited to use these communication and expression spaces for:
- Transmit any content that is illegal, threatening, abusive, harassing, defamatory, violent, vulgar, obscene, offensive, hateful, discriminatory, racist;
- Transmit any content that could constitute, without the following being restrictive, advocacy or incitement to commit crimes and offenses, incitement to suicide, incitement to use drugs or prohibited substances, incitement to commit attacks;
- Transmit any message the content of which would violate any intellectual property right or right of personality;
- In general, transmit any reprehensible content, contrary to public order and morality and/or contrary to French, European or international laws;
- Publish or transmit any "offensive", sexual or pornographic images;
- Publish or transmit chains of letters, a pyramid or a monetary arrangement;
- «Spam» by posting messages that are too frequent, unwanted or unrelated to the Games and Services;
- Publish articles encouraging piracy, hacking, cheating;
- Transmit any content containing computer viruses or any other code, file or program designed to interrupt, destroy or limit the functionality of any software, computer, computer system or telecommunications tool, without this list being exhaustive;
- Publish claims against the Company;
- Publish messages advertising a User's Website, its services, a competing game/Website, commercial products or a friendly Website;
- Publish controversial topics such as politics, religions;
- Publish personal attacks against other Users.
- Disrespecting administrators, moderators or any Company personnel;
- Make the User appear to be a representative or member of the Company and circulate false information.
The User is invited to report to the Company any illegal activity or illegal content of another user, by contacting it at the following address: https://virtualregatta.zendesk.com/hc/en-us/requests/new
5.2. Rules of conduct governing the use of the Website, Application and Services
In addition to the commitments relating to the use of specified communication and expression spaces in article 5.1, the User undertakes to comply with the following rules when using the Services:
- The User undertakes not to insult, threaten, harass or embarrass other Users and/or employees of the Company.
- The User undertakes not to discredit, denigrate or defame the Company, its representatives, and/or any of its employees and/or collaborators.
- The User undertakes to respect the privacy of all other users and not to infringe the rights of third parties. In particular, he undertakes not to seek to collect information on other Users and not to make available information he has collected on other Users.
- The User undertakes not to damage the interests of the Company and the Games, in particular by not using faults, bugs or any other form of error to obtain advantages over the Games (in particular, but not exclusively, speed gain, ranking gain, circumvention of limitations, synchronisation of trajectories, duplication of heading orders between several accounts).
- The User agrees not to use VPNs or proxy serversto connect to the Games.
- The User undertakes not to access or attempt to access another User's account.
- The User undertakes not to hinder or disrupt the proper functioning of the Services.
- The User undertakes not to collect or store data in order to create a database concerning all or part of the Services or the Users of the Services.
- The User undertakes not to use the Services for promotional and commercial purposes and in particular, without limitation, to collect elements of the Website for commercial purposes.
- The User acknowledges that the Website, the Application and all content of the Services are the exclusive property of the Company in accordance with Article 6 of these ToU. Consequently, the User undertakes not to use all or part of the Services, nor to extract data from the Website and/or the Application to offer other services such as level optimization services or special ranking services.
- The User acknowledges that the Company's provision of the Services is for strictly personal use only. Any use of the Services other than strictly personal is prohibited without the prior written consent of the Company.
- Users are strictly prohibited from offering other Users to sell options/credits on the Website.
- The User undertakes not to create, use or promote any program or tool that may damage the Games or other Users or alter the Gamesexperience, such as bots, viruses, Trojan horses, hacking tools, cheating devices, automation software, modification software or other unauthorized software, without this list being exhaustive, intended to modify the Games.
- The User undertakes not to spy on and intercept the communication protocols used by the Company, nor to use an interceptor for the data or the protocol.
- The User undertakes to immediately notify the Company when he notices a fault or error in the Games via the Support or by private message to a Club House administrator.
5.3. Commitments of the user participating in an official competition.
In the context of official competitions (eSailing or Official Game)
The User participating in an official competition undertakes to: (i) participate in a photo session or video report planned by the Organiser or Virtual Regatta, and authorize the latter to use and exploit these images under the conditions specified in the competition regulations (or "Notice of Race"). (ii) respond to interviews with local, national or foreign newspapers at their request; (iii) participate in events that may be organized by the Organizer following the Operation.
A Participant's proven intent to commit fraud or attempted cheating, in particular by creating false identities or using different accounts to participate several times in a competition, may be sanctioned by a formal and definitive prohibition to participate in the Game. Participants who attempt to participate by means such as automated participation systems, programs developed for automated participation, use of information, email, identifiers other than those corresponding to their identity and address and more generally by any means not in accordance with the respect of equal opportunities between the Participants in the Game would be automatically eliminated.
The Participants in an official competition, whether or not they have been selected by lot, authorize Virtual Regatta and the Organiser to fix and reproduce their images on all media, for commercial and/or advertising purposes, as well as to include such reproductions in any future work, in whole or in part and on all media known and unknown to date without being entitled to any remuneration. They waive any recourse against Virtual Regatta or the Organiser due to the use of their images and cannot claim any compensation in this respect. They also guarantee the Organiser that their image is available and that they can freely and peacefully use it under the conditions set out in these ToU, without infringing the rights of third parties. This authorization is given for the whole world and for the entire legal term of protection granted by the law applicable to intellectual works.
Failure to comply with the rules set out in this Article 5 will result in the application of sanctions, as specified in Article 12 of these ToU.
Article 6: Respect for intellectual property.
The Company holds the intellectual property rights attached to:
- The Website and the Application and their general structure and all their content and functionalities, the Games and Services and their content, including editorial content, images, sounds, videos, multimedia, texts, photographs, drawings, icons, databases, software or graphics, including the geographical positioning of Users and User rankings
- The Virtual Regatta.com brand and any other distinctive sign, registered by the Company as a trademark or protected under any intellectual property legislation.
Some of the intellectual property rights relating to the Services and the Games may also be owned by third parties who have granted the Company a right of use.
The User undertakes to respect these rights. These ToU do not imply any transfer of ownership by the Company to the User, and do not in any way imply, in particular, authorization to represent, modify, reproduce, translate, sell, transfer, publish, broadcast, exploit or use commercially the various elements of the Website, the Application, the Games and/or the Services.
The Company only grants the User a right of access and use of its Games and Services, which remain the property of the Company and/or the Company's third party partners.
This right of use is personal, non-exclusive and non-transferable. It is strictly limited by the terms of these ToU.
In addition, the User may not modify, create derivative works, decompile, disassemble, reverse engineer or make any other unauthorized use of the content, elements and data relating to the Games and Services.
Any representation, reproduction, modification, commercial use, in whole or in part, without the prior written authorization of the Company and, in general, any fraudulent use of the various elements of the Website, Application, Games and/or Services is prohibited and exposes its author(s) to prosecution.
Article 7: Terms and conditions for the purchase of credits/options/subscription.
The User may purchase renewable credits/options/subscriptions as part of the Games.
The prices displayed on the Website and/or the Application are inclusive of all taxes (including VAT). The applicable pricing conditions are those appearing on the Website and/or the Application at the time of purchase. The Company reserves the right to change its rates at any time. The User will be informed by any means of price changes. The new rates will come into effect as soon as they are implemented for new Users or for new orders for existing Users.
Payment can be made at the User's discretion by credit card, Paypal or in-app purchase on mobile applications.
Subscriptions are available for a period of 3, 6 or 12 months (automatically renewable). The subscription is automatically renewed unless the automatic renewal is deactivated at least 24 hours before the end of the current period.
Subscriptions can be managed by the user and automatic renewal can be disabled by accessing the user's account settings after purchase.
In the event of cancellation of the subscription, the package will still be available until the end of the paid period.
The receipt corresponding to the payment by the User will be sent by email to the address provided by the User at the time of registration.
If the receipt is incorrect and/or if the credits/options did not appear in the User's account after validation of the order, the User must contact the Company using the contact form provided in the "Help" section of the website no later than fourteen days after the date of the order.
In the event of fraud or attempted fraud, the Company may block and/or delete the User's account and take legal action in respect of the offense.
Users are prohibited from offering other Users to sell options/credits on the Company's Website. In the event of a problem related to the purchase of options/credits from User to User, the Company shall under no circumstances be held liable.
Article 8: Right of withdrawal
The Company informs the User that the Consumer Code provides for a withdrawal period of 14 (fourteen) clear days in the event of the conclusion of a distance service contract.
However, the Company informs the User that the right of withdrawal does not apply to contracts for the supply of digital content not provided on a physical medium and made immediately available to the User after payment.
The User expressly consents to the immediate availability of the elements and to the non-application of the right of withdrawal.
Article 9: Liability of the Company
Temporary lack of accessibility of the Website/Services/Games
The Company makes every effort to ensure the proper functioning of the Website, Application, Services and Games.
Taking into account in particular the technical uncertainties related to the decentralized operation of the Internet network, it cannot guarantee the User uninterrupted availability of the Website, the Application, the Services and the Games, which the User understands and accepts.
The Company may also be obliged to temporarily suspend access to the Website, the Application, the Games and Services, in particular for technical maintenance reasons, which the User also understands and accepts.
The Company shall not be held liable for any prejudice resulting therefrom for the User, such as in particular the loss of any benefits in the Games, the loss of the chance to perform an action or the loss of places in the VSR ranking.
In the event of a malfunction of the Website or the Application or a Game or the inability to access the Website, the Application and/or a Game, the Company will make its best efforts to restore the service within a reasonable time.
Limitations related to the nature and operation of the Games
As in real life, navigation in the Games is impacted by external factors beyond the User's and the Company's control, which the User understands and accepts.
Navigation during the Games can therefore be affected by weather conditions.
The Company shall not be held liable for any prejudice resulting from the said weather forecasts for the User, or from any malfunction related to the weather forecasts, insofar as this cannot be analysed as a breach by the Company of its contractual obligations. Indeed, weather forecasts are probabilities and can change rapidly due to external data. They cannot therefore be scientifically considered as non-random data. Therefore, the User understands and accepts that the Company cannot be held liable for events such as the loss of any benefits in the Games or the loss of opportunity to perform an action, related to weather conditions.
The trajectories that may be proposed to the User within the framework of certain options of the Games that may be accessible cannot in any way replace the User's judgment, which, depending on the real context, must assess for itself the opportunity not to follow the suggested trajectories.
In any case, in order to limit the risk of grounding, and as in real life, the User is advised to avoid sailing too close to the coast.
The Company has no control over the User's behaviour in connection with the Games and cannot therefore be held liable as a result.
Modification of the forward speed of the boats
The Company reserves the right to change the speed of the boats on the game at any time. The Company undertakes to pass on these changes uniformly to all competitors at the same time. The User will be informed of any changes in his/her race conditions directly in the game.
Payment of credits
In the event that the Company uses a payment intermediary such as Paypal, Stripe, iTunes or Google Play, it shall not be held liable for any damage suffered by the User as a result of the fault or negligence of the payment intermediary. The Company will nevertheless make its best efforts to help the User to regularize the situation.
In the event that the Company is liable, compensation shall apply only to direct, personal, certain damages, excluding, but not limited to, any indirect and/or immaterial damages and/or losses, such as lost profits, commercial, moral and financial damages, loss of opportunity, and any loss of profits resulting from the use of the Website, the Application and the Services.
In any event, the Company may not be held liable in the event of a fault or fact wholly or partially attributable to the User, to a third party or in the event of a case of force majeure.
Article 10: Hypertext Links
The Company may provide hypertext links to websites published by third parties. To the extent that no control is exercised over these websites, the User acknowledges that the Company assumes no responsibility for the availability of these resources and cannot be held responsible for their content.
The creation of hypertext links to the Website may not be made without the express prior authorization of the Company.
Article 11: Personal data
The use of Users' personal data is described in the Personal Data Protection Charter.
The creation of a User account is subject to the processing of personal data for which the Company is responsible, which the User accepts.
In accordance with the applicable regulations, you have a right of access, rectification, portability, deletion of your personal data and a right to request a limitation of the processing carried out. These rights and their implementation are detailed in our Personal Data Protection Charter.
Article 12: Sanctions
In the event of non-compliance with these ToU, the Company may sanction the User. Depending on the seriousness of the violation of the ToU, the Company may apply one of the following sanctions:
- A warning: the Company will inform the User that he has violated these ToU. In the event of multiple warnings to the same User, the Company reserves the right to block or delete the account.
- A temporary ban: the User will no longer have access to the Games for a limited period of time. He may be informed in advance of this ban and its duration by email.
- The deletion of the account: the User will no longer be able to access the Services permanently. He may be informed in advance of the deletion of his/her account by email.
The Company reserves the right to apply any of these sanctions to a User, in proportion to the violation, without necessarily having previously applied a lesser sanction or one of a shorter duration.
With regard to the violation of the rules governing communication spaces between Users, the details of the applicable sanctions are specified in the Virtual Regatta Charter for the use of communication and expression spaces.
In the event of the deletion or banishment of a User who has purchased options/credits as a result of a violation of these ToU, the Company will not refund any amount.
Article 13: Termination of the User Account
The User may terminate his/her User account at any time.
The User can delete his/her account from his/her profile in each of the games as soon as he is logged in. All he has to do is enter his/her password. The deletion of the account is final and cannot be restored.
When a User account is inactive for a period of twelve consecutive months, the Company may automatically close the User account. The Company undertakes to inform the User of this beforehand by email within a reasonable period of time. The User whose account is in credit and who does not wish to keep his/her User account may request from the Company the payment of the amount of the balance of his/her account by sending a proof of his/her identity and a IBAN to the following address: email@example.com
Article 14: Users' Questions: Frequently Asked Questions (FAQ) and Support
14.1: The FAQ
The most frequently asked questions, as well as essential information on how the Games and Services work, are covered in the FAQs available at the following address: https://virtualregatta.zendesk.com/hc/en-us. Before sending any request to the Company relating to a Game or Service, the User must check that his/her request is not answered in this section. If a User sends by email a question whose answer is given in the FAQs section, no answer will be sent to him.
14.2: User support
If the question is not addressed in the FAQ section, the Customer (i.e. any User who has carried out at least one paid transaction on the Website) may send his/her question by email using the contact form provided in the "Help" section of the Website.
No questions asked by any other means (email sent to another address, telephone call, fax...) will be processed by the Company.
Questions are answered in the order in which the emails are received. The Company undertakes to reply within a reasonable time.
Any question from the User accompanied by abusive comments towards the Company's team will not give rise to any response and may result in the User's account being banned or deleted.
Article 15: Information value of translations
If the Company provides a translation of these ToU to the non-French-speaking User, such translation is provided for information purposes only and does not modify the French version of these ToU. In the event of any conflict between the translation of these ToU and the French version, the latter shall prevail in any event.
Article 16: Validity of the general terms and conditions
If one or more provisions of these ToU are held to be invalid or declared invalid pursuant to a law, regulation or following a final decision of a competent court, the other provisions shall retain their full force and scope.
The Company will replace the clause declared null and void by a new stipulation that is as close as possible, in terms of content and balance of the clause, to the one initially adopted.
Article 17: Miscellaneous
17.1Failure to require or force the User to perform certain provisions of these ToU or to assert a right provided for in these ToU shall not be construed as a waiver by the Company of its right to require or have the performance of these provisions enforced.
17.2The User agrees that the Company may assign these ToU, in whole or in part, at any time. The transfer will take effect on the date of notification of this transfer to the User, by any means. Nevertheless, the User may not assign, transfer, or concede any of the rights or obligations of these ToU without the prior written consent of the Company.
Article 18: Applicable law
These ToU are subject to French law.
The parties agree to do their utmost to resolve amicably any dispute that may arise from the interpretation, performance and/or termination of these ToU.