Masterclass terms of service 


1. Introduction


These terms concern services operated by Cantina Software S.A.S., 60 rue Saint Sabin 75011 Paris - France (“Cantina”). Cantina is registered under the French companies registration of Paris (75) #524 287 646.

Cantina services consist of, among other things, software that can be embedded on a website or downloaded, any application or game or online forum available or not through social networking sites or running on Cantina servers (“Cantina Application”), any content, information or related documentation, any information or topics made available through Cantina Applications, any information or topics or user generated content made available through Cantina Applications, (collectively, the “Service”).

Use of Cantina Applications, for free or paid, require your full agreement:


As a reminder, any use of Cantina Applications also requires your full agreement of Facebook’s terms (“Facebook Terms”) which are viewable at the following url: http://www.facebook.com/legal/terms and which are indissociable of the Terms of Service.



2. Security and restrictions when using Cantina Applications


We bring to your attention certain restrictions appearing in the Facebook Terms, which are reproduced partially here:


« 

We do our best to keep Facebook safe, but we cannot guarantee it. We need your help to keep Facebook safe, which includes the following commitments by you:

3.2. You will not ... access Facebook, using automated means (such as harvesting bots, robots, spiders, or scrapers) without ... permission.

3.5. You will not solicit login information or access an account belonging to someone else.

3.6. You will not bully, intimidate, or harass any user.

3.7. You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.

3.8. You will not develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements) without appropriate age-based restrictions.


……

3.12. You will not facilitate or encourage any violations of this Statement ...


4.2. You will not create more than one personal account.

»

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Based on the above, here are some examples of infractions to Facebook terms and to the present Terms of service:



ANY VIOLATION OF THESE TERMS CAN ENTAIL BANISHMENT OF YOUR PROFILE FROM CANTINA APPLICATIONS AT OUR INITIATIVE AND THE LOSS OF ALL YOUR DATA RELATED TO YOUR USE OF THE CONCERNED APPLICATIONS (ACQUIRED VIRTUAL GOODS, CONTENTS, SCORES, ETC...)


3. Intellectual property


In this section, we call “User Submission” any material provided by the user for inclusion into the Service. We bring to your attention some restrictions appearing in the Facebook Terms, which are reproduced partially here:


«

5.

We respect other people's rights, and expect you to do the same.

5.1 You will not post content or take any action on Facebook that infringes or violates someone else's rights or otherwise violates the law.

5.2. We (Facebook) can remove any content or information you post on Facebook if we believe that it violates this Statement or our policies.

….

5.5 If you repeatedly infringe other people's intellectual property rights, we (Facebook) will disable your account when appropriate.

 »


Based on the above, here are some examples of infractions to Facebook terms and to the present Terms of service:


By providing content, the user expressly authorises Cantina to use the content within the Service.


ANY VIOLATION OF THESE TERMS CAN ENTAIL BANISHMENT OF YOUR PROFILE FROM CANTINA APPLICATIONS AT OUR INITIATIVE AND THE LOSS OF ALL YOUR DATA RELATED TO YOUR USE OF THE CONCERNED APPLICATIONS (ACQUIRED VIRTUAL GOODS, CONTENTS, SCORES, ETC...)


You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Cantina to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Application and these Terms of Use; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Application and these Terms of Use. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to Cantina, you hereby grant Cantina a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Cantina Application and Cantina's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Cantina Application (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Cantina Application a non-exclusive license to access your User Submissions through the Application, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Application and under these Terms of Use.


In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Cantina all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Cantina or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person. Cantina does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Cantina expressly disclaims any and all liability in connection with User Submissions. Cantina does not permit copyright infringing activities and infringement of intellectual property rights on its Application, and Cantina will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Cantina reserves the right to remove Content and User Submissions without prior notice. Cantina also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, obscene or defamatory material. Cantina may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.



4. Limitation of Cantina’s responsibility in case of termination or impossibility to use the Service


The fact of providing access to the Cantina Applications does not entail any guarantee of reliability or efficiency, and the user declares being informed and understanding this and accepting it.


As a consequence, Cantina could not be held responsible for any failure or anomaly, any bug or error, or that the Service will perform without breakdowns or interruptions due to maintenance or any other motive. Cantina will also have the possibility to decide, as it sees fit, to make the Service unavailable for technical reasons or during an upgrade and more generally for any reason related to the operations of Cantina Applications.


As a consequence, the user is expressly informed that Cantina could not be held responsible for any damage experienced directly, indirectly or incidentally to the use of an Cantina Application whatever the consequences.


More generally, the user is informed that his participation, be it free or paid, to an Cantina Application does not imply an obligation for Cantina to maintain and operate it indefinitely, considering that Cantina makes the Service available only through an end-user licence, which does not include any transfer of property to the user.


The user declares being perfectly informed of the risk of loss or deletion of data or content related to the user of Cantina Applications and fully accepts all consequences, even in case the application is terminated at Cantina’s initiative.


It is also expressly agreed that Cantina cannot in anyway be held responsible for any conflict between users of the Service.


5. Facebook credits and virtual purchases within Cantina Applications


In compliance with the Facebook Terms, all purchase of virtual goods within Cantina Applications is done using “Facebook Credits”. We remind you that purchasing Facebook Credits falls entirely and only within Facebook’s responsibility. Cantina cannot be held responsible for any direct or indirect damage related to this means of payment.


In conformance with applicable legal dispositions, any purchase of virtual goods or services within an Cantina Application is definitive and cannot he exchanged, reimbursed or cancelled.


For all purchases within an Cantina Application, the prices are indicated in “Facebook Credits”, for which the equivalence depends on your country and the currency you use to purchase “Facebook Credits”, and are considered to be all taxes included whatever the country where you place the transaction.


© 2013 Cantina Software SAS, All rights reserved.



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