Terms of service
The purpose of the present general conditions of use (called “TOS”) is to provide a legal framework for the terms of availability of the website and mobile applications (hereinafter referred to as “the Application”) by the company Shallow Game (“the Publisher”) and to define the conditions of access and use of the Application by a third party (“the User”).
The present TOS are accessible at the address: https://getsharks.com/terms.
Any registration or use of the Application implies the User’s acceptance of these TOS without any reservation or restriction. If the User does not accept the TOS as set forth in this Agreement, the User shall be obliged to refrain from accessing the Application.
The Publisher reserves the right to unilaterally modify the content of these TOS at any time.
ARTICLE 1: Legal notice
The edition of the Application is ensured by the company Shallow Game with a capital of 2000 euros, registered at the RCS of Paris under the number 880 718 341, whose head office is located at 69 rue Belliard, 75018 Paris. Contact e-mail address: hey@shallowgame.com.
The host is the company Vercel Inc whose head office is located at 650 California St, San Francisco, CA 94108, US.
ARTICLE 2 : Access to the Application
The Application is accessible free of charge anywhere to any User with Internet access. All costs incurred by the User to access the Application (computer hardware, software, Internet connection, etc.) are at the User’s expense.
The Publisher shall not be liable for any force majeure event that results in the malfunctioning of the Application, subject to any interruption or modification for maintenance purposes. In such cases, the User agrees not to hold the Publisher responsible for any interruption or suspension of the Application, even without notice. User may contact the Publisher by email at the email address provided in ARTICLE 1.
The non-member User has no access to the reserved features. To become a member, the User must register by filling in the form accessible from the Application. By accepting to register, the User agrees to provide true and accurate information, including his email address.
To access the reserved features, the User member must log in using his login and a verification code sent to the email address submitted at registration.
Any User member who is regularly registered may also delete his or her account from the “Settings” section in the Application or by contacting the Publisher by e-mail at the e-mail address provided in ARTICLE 1.
ARTICLE 3: Functionalities
The purpose of the Application is to reference any bar equipped with a billiard table and accessible to the public (“Venue”), as well as to publish a ranking of Users based on the results of games played by Users.
The following features are available to any registered and logged-in User:
- search Venues nearby based on his/her geolocation;
- access a Venue profile (including name, address, photos and geographical coordinates);
- list all competitions organised at a Venue;
- take part in a competition organised at a Venue;
- access a Venue ranking based on competition results;
- manage his/her profile (including username);
- delete his/her account and related data.
ARTICLE 4 : Data collection
The Application ensures the User a collection and processing of personal information in compliance with the law n°78-17 of January 6, 1978 relating to data processing, files and freedoms.
Under the Data Protection Act of January 6, 1978, the User has the right to access, rectify, delete and oppose his personal data. The User may exercise this right from the Application or by contacting the Publisher by email at the address given in ARTICLE 1.
The following data are collected for the operation of the Application:
- User’s email address;
- User’s pseudonym;
- date and time of connection of the User to the Application.
The following data collected is optional and is used to personalize the Application:
- date and time of registration for a competition;
- eventually the partner of a game played;
- the opponent of a game played;
- the result of a game played.
ARTICLE 5: Competitions
Competitions may be organised in certain listed Venues. The User can find out the date and location of these competitions from the Application. The User can register for a competition by scanning the dedicated QR Code. A Venue may unilaterally and without notice cancel a competition that has not yet started.
When a competition begins, a draw is made by an algorithm specific to the Application in order to determine the composition of the participating teams (of one or more Users) and the tournament matches.
The result of each game is recorded in the Application by the Venue organising the competition. The result of a recorded game may not be contested by the User.
A Venue may declare a User to have forfeited the competition in the event of non-attendance at any time during the competition or in the event of inappropriate behaviour, without prior notice.
The User scores a respective number of points, depending on the result of the games he played and a calculation algorithm specific to the Application. This point calculation algorithm can be changed by the Publisher at any time without notice. The rankings and awards generated by the Application are provided for information purposes only and have no contractual value.
ARTICLE 6 : Intellectual property
The trademarks, logos, signs and all the contents of the Application (texts, images, sounds…) are protected by the Intellectual Property Code and more particularly by copyright.
The User must request prior authorization from the Publisher for any reproduction, publication or copy of the various contents. The User undertakes to use the contents of the Application in a strictly private context; any use for commercial or advertising purposes is strictly prohibited. Any total or partial representation of the Application by any means whatsoever without the express permission of the Publisher would constitute an infringement punishable by Article L 335-2 et seq. of the Intellectual Property Code. It is recalled in accordance with Article L122-5 of the Code of Intellectual Property that the User who reproduces, copies or publishes protected content must cite the author and its source.
ARTICLE 7 : Responsibility
The information published on the Application is provided without any guarantee that it is free of defects, errors or omissions. This information is presented for information purposes only and has no contractual value. The Publisher cannot be held responsible for changes in administrative and legal provisions occurring after publication. Similarly, the Publisher cannot be held responsible for the use and interpretation of the information contained in the Application.
The Publisher shall not be liable for any property damage caused by a User in a Location, nor for any personal injury caused by a User to a third party for any reason whatsoever.
The Publisher cannot be held responsible for any viruses that may infect the computer or any computer equipment of the User, following use, access or downloading from the Application.
The Publisher shall not be held liable in the event of force majeure or the unforeseeable and insurmountable act of a third party.
In the event of manifestly fraudulent use of the Application, the Publisher may suspend the User’s account without notice and for an indefinite period.
ARTICLE 8 : Cookies
The User is informed that when accessing the Application, a cookie is automatically installed on his/her browser.
Cookies are small files temporarily stored on the hard disk of the User’s computer and are necessary for the functioning of the Application. Cookies do not contain personal information and cannot be used to identify anyone. A cookie contains a unique identifier, randomly generated and therefore anonymous. Some cookies expire at the end of the User’s visit, others remain.
ARTICLE 9: Applicable law and jurisdiction
French law applies to this contract. In the event of failure to resolve a dispute between the parties amicably, the French courts shall have sole jurisdiction. For any question relating to the application of the present TOS, you can contact the Publisher at the address and phone number listed in ARTICLE 1.