TERMS AND CONDITIONS OF USE OF ONLINE SERVICES

1) Legal Information and Scope of the Terms and Conditions of Online Services hereinafter

2) Definitions

The terms with a capital letter, whether in singular or plural, are defined as follows:

“App(s)” shall mean herein the downloading and reading of audiobooks; the link to a Download Platform for the purchase of Audiobooks that are published by Iron Castle, its Affiliates and/or Partners as well as any ancillary software that may be required, by way of example, for downloading an App on a compatible Terminal, an update of the App, an upgrade of the App, its code (in whole or in part), the App’s files, the associated or generated images and their associated data;

“Audiobook(s)” shall mean herein the books published by Iron Castle, its Affiliates and/or Partners, notably offering interactive services;

“Identification Element” is defined herein under Article 5.1.; 

“Iron Castle/Us” shall mean herein Iron Castle Publishing and/or one of its Affiliates, and where applicable, its Partners when they are the publishers of an App;

“Download Platform” shall mean herein a platform used by a third party and which enables to download Apps, such are the App Store, Google Play, or Steam;

“Partner(s)” shall mean herein the publishing companies of the Apps used by Affiliates or marketing partners of Iron Castle with whom Iron Castle may enter into an agreement;

“Personal Data” shall mean herein the personal information – in accordance with the General Data Protection Regulation - relating to the User which is collected and processed within the scope of the use of Services;

“Policy” shall mean herein the confidentiality and protection of the personal data of Users policy which are herein enforced by Iron Castle;

“Services” shall mean herein the functionalities and services as described in the App which is made available to You;

“Specific Conditions” shall mean herein the specific contractual conditions that are applicable to some Services accessible through some Apps the User has subscribed to with Iron Castle or one of its Partners;

“Terminal(s)” shall mean herein the hardware equipment (tablet, smartphone, telephone, etc.) the User needs to have in order to use the App;

“Terms and Conditions” shall mean herein the herein terms and conditions of use and services relating to the Apps and Services;

“Third Party Account” shall mean herein an account that You subscribe to with a Partner and that may be linked to an Iron Castle Account;

“Third Party Sales Conditions” shall mean herein the general terms of sales of Download Platforms;

“User / You” shall mean herein any natural person over the age of legal majority and in a legal capacity, or any underage natural person (“Minor”) duly authorized by their parents or legal guardians to subscribe to open an account with Iron Castle. Any such person is under no prohibition and/or legal, regulatory, or conventional restriction, which prevents such a person from disseminating Content, and has fulfilled, where applicable, all legal, regulatory, and conventional formalities in order to use the Services.

3) Acceptance, and Modification of the Terms and Conditions

Acceptance of the Terms and Conditions

These Terms and Conditions shall govern the rights, obligations, and restrictions relating to the use of the App and/or Services.

IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS HEREIN, DO NOT USE THE SERVICES THAT ARE AVAILABLE THROUGH THE APP.

Modifications of the Terms and Conditions

Iron Castle shall have the right, at its own election, to periodically modify these Terms and Conditions, as well as its Policy, by way of example, for compliance purposes with legislative and regulatory modifications or for modifying the functionalities through the App and/or Services.

4) Information and protection of Minor(s)

If You are a Minor and wish to access and fully use the App services in whole or in part, You must read these Terms and Conditions with your parent(s) or legal guardian(s) so as to obtain their prior consent for using the Services.

Iron Castle recommends that parent(s) or legal guardian(s) monitor the activities of the Minor(s) in their care when using the Services. Iron Castle further recommends that parent(s) or legal guardian(s ensure that the Minor(s) in their care never divulges their Personal Data without the prior consent of their parent(s) or legal guardian(s).
Iron Castle Services must be used under the parent(s)’s or legal guardian(s)’s supervision. Any use of the Services by a Minor shall be deemed to have received prior consent from their parent(s) or legal guardian(s).

Unless otherwise provided by the Law, Iron Castle shall not be held liable for any use of the Services by the Minor(s) who has not received prior consent from their parent(s) or legal guardians(s).

5) Terms and Conditions of subscription to the Services

Free download of the App

The App is available to the User by downloading from the Download Platform associated with their Terminal.

Iron Castle Publishing offers free downloading of its App on all Download Platforms.

Using the App

The App is provided to You under a non-transferable, non-exclusive, non-commercial, personal license and is solely for leisure and personal use.

The App remains the entire property of Iron Castle and/or its Subsidiaries and/or its Partners, including but not limited to the intellectual property rights in and to the App. Accordingly, the license herein granted does not convey to the User any intellectual property rights therewith.

Consequently, the User is not authorized to sell, copy, exchange, transfer, publish, rent, license, distribute, or market the App. Further, the User is not authorized to decompile the App, disassemble the code, reduce it to human-readable form or assign or distribute any part thereof, whether copied or derived from said App.

Listening to Audiobooks

a) The App provides access to a library of Audiobooks published by Iron Castle and offered free of charge or for purchase via the Download Platform.

The Audiobooks are provided to You under a non-transferable, non-exclusive, non-commercial, personal license, and exclusively for your entertainment and personal use.

The Audiobooks remain the entire property of Iron Castle and/or its Subsidiaries and/or its Partners, including but not limited to the intellectual property rights in and to the Audiobooks. Accordingly, the license granted herein does not convey to the User any intellectual property rights therewith.

Consequently, the User is not authorized to sell, copy, exchange, transfer, publish, rent, license, distribute, or market the Audiobook(s). Further, the User is not authorized to decompile the Audiobook(s), disassemble the code, reduce it to human-readable form or assign or distribute any part thereof, whether copied or derived from said Audiobook(s).

b) In order to be able to use the Services, You have your own compatible means of telecommunication and Internet access. The supplying of Services does not imply that Iron Castle shall also supply a compatible Terminal.

The performance of the App and Services relating thereto may vary depending on the Terminal used to connect to said App, in particular, the good operating condition of this Terminal (memory, software version, etc.) and/or its components (microphone, speakers, screen, etc.)

The Download Platforms’ terms of use shall remain in full force and effect and govern your behavior when You access the Services. In the event of a conflict between the terms of use of the Online Download Platforms and these Terms and Conditions, the former shall prevail. Iron Castle, only providing customer support and invoicing the Services, shall not be held liable for your use of the services of the Download Platforms.

Rules of Conduct

Iron Castle hereby authorizes You to access and use the App and the Audiobooks provided that You fully comply with the Terms and Conditions herein. You acknowledge that failure to comply with any of them constitutes, on your part, shall be deemed a breach of these Terms and Conditions.

Consequently, You undertake:

1. not to use devices or software other than those provided by Iron Castle intended to (i) affect or attempt to affect the proper functioning of the App and/or Services (ii) or to extract, modify, consult, even in buffer or temporary memory, or for individualized use, all or part of the App and/or Audiobooks;

2. not to create or provide other means enabling the use of Services by third parties;

3. (i) not to access and/or use the App for unlawful purposes and/or infringe upon any of the rights of Iron Castle or third parties, including but not limited to, reputation, trademark, intellectual property rights; (ii) not to cause prejudice or harm to its Users; (iii) not to violate any national and/or international norm, applicable legislative and/or regulatory and/or administrative and/or contractual provisions;

4. not to market, directly or indirectly, the App and/or Audiobook(s) and/or Contents and/or access to the App access, and/or access to Contents;

5. not to market, directly or indirectly the App and/or Audiobook(s) and/or Contents and/or the access to the App or the access to the Contents;

6. not to reuse or make use of the App and/or Audiobook(s) and/or Contents in whole or in part, in particular for commercial and/or collective and/or personal purposes in any form and/or media not expressly authorized by Iron Castle and/or the owners of the said Content(s);

7. not to limit the access and the use of the App and/or Services;

8. not to contravene the provisions of articles 323-1 through 323.7 of the French Penal Code repressing the unauthorized access to automated data processing;

 9. not to disseminate Contents that would be contrary to the legitimate interests of Iron Castle;

 10. not to upload viruses or other malicious code to the App;

 11. not to use the App and/or the Services by impersonating any third party, including a legal entity (such as Iron Castle), or by falsely claiming to be the representative or legal representative of any third party, including a legal entity (such as Iron Castle Publishing);

 12. not to misuse the App support service or complaint buttons or send ungenuine reports to staff members of Iron Castle and/or its Partners;

Iron Castle Publishing is constantly innovating so as to offer the best possible experience to its Users. You acknowledge and agree that the form and nature of the Services offered by Iron Castle may be changed from time to time without prior notice. As part of this ongoing innovation, You further acknowledge and agree that Iron Castle may, in its sole discretion, discontinue, permanently or temporarily, its Services or any feature of the Services, without prior notice. You may cease using the Services at any time and are not required to specifically notify Iron Castle.

Service Fees

Presentation and terms of Audiobooks Purchase

Iron Castle enables You to purchase virtual goods within the App in accordance with third parties’ terms of sale and, where applicable, in accordance with their special terms.

Parents or legal guardians of Minors in their care can limit purchases in the App by setting the appropriate parameters of the Download Platforms.

Express Waiver of Right of Withdrawal

Once payment is received for the purchased Services and/or Contents, Iron Castle instantly provides said Services and/or Contents to the User. User expressly acknowledges that Iron Castle provides said Services and/or Contents in an intangible form before the end of the 14-day withdrawal period as provided for under Article L221-28 of the French Consumer Code. User expressly agrees to waive their withdrawal right if they have accessed or downloaded said Services and/or Contents.

6) Intellectual Property Rights

Copyrights Ownership

Iron Castle and/or its Affiliates and/or its Partners is/are the copyright owner(s) in and to the general structure of the App, its content (texts, slogans, graphics, images, videos, programs, and/or other contents), and Audiobooks.

Any presentation, reproduction, modification, distortion, and/or total or partial use for profit of the App and/or Audiobooks, by any process whatsoever and on any medium whatsoever, without the express prior written consent of Iron Castle, is strictly prohibited.

Any unauthorized use of the copyrighted materials shall be deemed copyright infringement.

Distinctive Signs

Trademarks and distinctive signs, including but not limited to, service marks, logos, corporate names, acronyms, trade names, logos, and/or domain name allowing access to the App and Audiobooks made available by Iron Castle cannot be used without the express prior written consent of their owner.

Any presentation and/or reproduction and/or use for profit, in whole or in part, of the trademarks and/or distinctive signs is strictly prohibited.

Any unauthorized of the trademarks and/or distinctive signs shall be deemed trademark infringement.

Use of Services

The Services are designed, published, and managed by or on behalf of Iron Castle.

User acknowledges and agrees that access to the Contents and Services provided by Iron Castle shall not be deemed to convey any intellectual property rights to the User.

Access to the Contents and Services is strictly limited to private and personal use of the User and as herein provided for.

7) Indemnity

You agree to defend, indemnify and hold harmless Iron Castle and its Affiliates, Partners, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) any other party’s access and use of the Service with your unique username, password or other appropriate security code.

8) Liability, Warranty, and Indemnification

Services Access and Availability

Iron Castle shall make its best efforts to make the App and Audiobooks available 24 hours a day, 7 days a week, regardless of the maintenance operations of said App and/or Audiobooks.

In this regard, Iron Castle shall have the right to interrupt access to the App and/or Audiobooks, in whole or in part, for maintenance and/or improvement purposes. The User shall not be entitled to claim any damages for any such interruptions.

No Warranty

The Services are provided on an “as is” and “as available basis. Use of the Services is at the User’s own risk. To the maximum extent permitted by law, the Services are provided without warranties of any kind, whether express or implied, including but not limited to, implied warranties of fitness for a particular purpose.

Without limiting the foregoing, Iron Castle does not warrant:

• that the App will be permanently updated,
• that the Services will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected, or that the Services are free of viruses or other harmful components;
• that the use of the App or any downloaded Audiobook will meet User’s requirements;
• that the information User obtained using the App and/or Audiobooks is accurate.

9) Limitation of Liability

You acknowledge that You are solely responsible for damage caused to Iron Castle Publishing or to any third party, as the case may be, as a result of the use of the Services and/or the App.

To the maximum extent permitted by applicable law, in no event, shall Iron Castle be liable for:

• any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses that result from the use of, or inability to use, the Services and/or App;
• any personal injury or property damage, of any nature whatsoever resulting from your access to or use of our Services and/or App.

10) User’s Health

Iron Castle Publishing recommends that You take the following precautions in all cases when using the App and/or Audiobooks:

• Avoid playing if You are tired and/or sleep-deprived;
• Play in a well-lit room and moderate your screen brightness;
• Stay at a reasonable distance from this screen and as far as the connection cord allows;
• Be aware of the App’s noise level,
• Take ten (10) to fifteen (15)-minute breaks every hour.

11) Personal data

Iron Castle Publishing undertakes to comply with Data Protection Laws and Regulations relating to processing any personal data you may disclose.

Iron Castle Publishing does not collect personal data when You use the Iron Castle App (the "App") and/or Audiobooks and Services, except for those the download platforms may collect.

The App uses voice recognition technology provided by the terminals. Iron Castle Publishing will collect voice data through its App, which, in turn, will be sent to the Download Platforms for processing purposes.

12) Miscellaneous

Notifications

You can accept or refuse that Iron Castle sends You notifications, including those modifying these Terms and Conditions, or for the availability of new Audiobooks, by activating or deactivating them from the settings function of the App parameters. from your Terminal.

Entire Terms and Conditions/Severability

These Terms and Conditions in connection with the use of the App and Services herein shall constitute the entire agreement between You and Iron Castle concerning the App and Services. If any provision herein is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.

No Waiver

No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and Iron Castle’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

13) Beneficiaries of these Terms and Conditions

You acknowledge and agree that the Affiliates of Iron Castle are deemed beneficiaries of these Terms and Conditions and that such other companies are entitled to directly enforce and rely on the terms of these Terms and Conditions. Except as set forth herein, no other person or company shall be considered a third-party beneficiary of these Terms and Conditions.

Applicable law – Settlement of disputes

These Terms and Conditions shall be executed and interpreted in accordance with French law.

In the event of a dispute likely to arise in connection with these Terms and Conditions, their interpretation and their consequences, or with the documents supplementing or modifying them, the User shall approach Iron Castle in order to attempt to obtain an amicable solution.

Any complaint to Iron Castle must be made in writing.