These terms set out how Xeester ("the Company") makes the website www.opencards.net and its services available to you, and how you access and use them.
Any access to the site implies acceptance of these terms. The French version of these terms prevails.
Article 1Intellectual property
The general structure of the site, and the texts, graphics, images, sounds and videos that make it up, are the property of the Company or its partners. Any representation, reproduction or use, in part or in whole, of the site's content and services, by any means, without the Company's prior written consent is prohibited and may constitute an infringement under articles L. 335-2 et seq. of the French Intellectual Property Code.
"XEESTER SMART POKER" and "XEESTER" are trademarks registered by the Company, and "OPENCARDS" is a trademark filed by the Company. Opencards is software published by the Company. Any representation, reproduction or use of these trademarks, of any kind, is prohibited.
Article 2Links
The site may contain links to other websites. These links take you away from the site; the Company is not responsible for their content.
You may link to the site's home page without prior permission. The Company may however ask for the removal of a link it considers inconsistent with the purpose of the site.
Article 3The Company's liability
The information and documents on the site come from sources considered reliable. They may nevertheless contain technical inaccuracies or typographical errors, which the Company corrects as soon as it becomes aware of them.
The Company cannot be held liable for any damage resulting from the interpretation or use of the information and documents available on the site.
Article 4Access to the site
The Company strives to keep the site available 24 hours a day, 7 days a week, except in cases of force majeure or events beyond its control, and subject to outages and to the maintenance needed for the site and the services to work properly.
It therefore cannot guarantee the availability of the site and the services, the reliability of transmissions, or response times. It cannot be held liable if the site cannot be accessed or the services cannot be used.
The Company is not liable for interruptions caused by force majeure, including: natural disasters, war, insurrection, acts of civil or military authorities, terrorism, strikes, shortages, failures of telecommunications infrastructure, network outages or hacking.
The Company may interrupt the site or part of the services at any time, without notice and without compensation. You acknowledge that the Company is not responsible for these interruptions or their consequences for you or any third party.
Article 5Your account
5-1 Acceptance of the terms
To create an account, you must freely and knowingly accept these terms by ticking the box provided for this purpose. You declare that you have read and accepted them, as well as the privacy policy.
5-2 Creating the account
An account is required to use all the services of the site and the software.
Only an adult natural person may create an account. You may have only one active account.
You provide:
- required: first name, last name, email address, username, password, country and how you heard about us;
- optional: your billing details (address, company, VAT number, phone).
You can also create your account with a Discord or Google account: it then has no password, and you sign in with that service. You can set a password later in "My account".
The replays you publish are published under your sole responsibility.
The Company may refuse usernames and avatars it considers inappropriate, in particular those of a political, racist, pornographic, insulting or violent nature, or that promote drugs or weapons.
5-3 Signing in
Make sure that links claiming to lead to the site really do: the address shown by your
browser must start with https://www.opencards.net/. Any other address does not come from
the Company.
You sign in with your username or email address and your password, or with Discord or Google if you have linked them to your account.
Any sign-in with your credentials is deemed to be made by you. Keep them confidential, and sign out at the end of each session on a shared computer. The Company is not responsible for the use of the site by a third party with your credentials.
Inform the Company immediately of any unauthorised use of your account: it will be deactivated and support will investigate.
5-4 Closing the account
The Company closes your account:
- when you ask for it, or when you delete it yourself in "My account";
- after two years without activity on the site or in the software.
Closing the account permanently deletes or anonymises the information linked to it, except for invoices, which the law requires us to keep. A closed account can no longer be used. The Company informs you by email of the reason for the closure.
5-5 Complaints
For any complaint (about the site or your account…), write to contact@opencards.net or by post to Xeester, 9 villa Wagram Saint-Honoré, 75008 Paris, France.
We undertake to reply within 3 working days and to follow the case until it is resolved. Each complaint opens a case file, which may use technical data and logs; once resolved, it is closed and archived for two years.
Article 6Changes to the terms
The Company may change these terms at any time to adapt them to changes in the site or its operation. If a change is significant, in particular regarding the processing of your data, you will be informed.
Article 7Personal data
The Company protects your personal data in accordance with French and European law, in particular the General Data Protection Regulation (the "GDPR"). The details are in our privacy policy.
Article 8Security checks
IP addresses and sign-in dates and times are recorded and kept for two years.
Data about you is accessible to public authorities when they check that the Company complies with its legal obligations.
Article 9Governing law
The site and these terms are governed by French law, wherever the site is used. In the event of a dispute, and after any attempt at an amicable solution has failed, the French courts have sole jurisdiction.
For any question about these terms: Xeester, 9 villa Wagram Saint-Honoré, 75008 Paris, France, or contact@opencards.net.