General Terms and Conditions

The website Video Games Access (hereinafter referred to as the “Website”) is a website, accessible at the address www.videogamesaccess.com, published by the company Getsuga SARL, registered within the French companies register of Nantes under the number 853 612 638, with a share capital of € 5,000, having the intra-community VAT number FR96853612638 and whose registered office is at 18 La Gueslerie 44150 Vair sur Loire, France (hereinafter referred to as Getsuga).

The publication director is Mr. Aurélien Mahieu, in his quality of CEO of Getsuga.

The Site is hosted by the comapny 1 & 1 IONOS SE, located at Hinterm Hauptbahnhof 5, 76137, Karlsruhe, Germany. Email: abuse@oneandone.net, Phone: 0970 808 911

Definitions

The following names mean, both when used in the singular and in the plural, the following:

Platform: refers to any platform for the distribution or streaming of games, accessible within the US, whose products are Indexed on the Website.

T&Cs : refers to these General Terms and Conditions.

Indexed Game: refers to video games sold on a Platform and listed on the Website in particular for price comparison.

Service: refers to the indexing and price comparison services offered by Getsuga on the Website and defined in Article 2 of the T&Cs.

User: refers to any person using the Website and / or any of the services offered on the Website.

Article 1 – Purpose – Acceptance – Validity

The purpose of the T&Cs is to set the conditions of use of the Services proposed by Getsuga to the Users via the Website.

Any User declares, by accessing and using the Service, to have read and accepted these T&Cs and to expressly accept them without reserves and / or modification of any kind. These T&Cs are therefore fully enforceable against Users.

Any use of the Website implies the user’s full and complete acceptance of the T&Cs and requires him to strictly comply with them.

The T&Cs are accessible under the section ” General Terms and Conditions ” in the drop-down menu of the Website. Unless otherwise indicated, any new service or any modification of services is subject to the T&Cs.

Getsuga reserves its own right to modify, at any time, any part of the T&Cs. Users are invited to regularly check the T&Cs in order to be aware of any change made. Any use of the Website by Users constitutes an acceptance of any modification made to the T&Cs.

If any provision of the T&Cs should prove to be invalid or inapplicable, for any reason whatsoever, the provision in question will be deemed unwritten, without calling into question the validity of the other provisions of T&Cs which will continue to apply between the Users and Getsuga. The T&Cs are subject to French law.

Article 2 – Services offered on the Site

Getsuga provides indexing and price comparison services concerning digital sales of video games, within official distribution and streaming platforms.

The Service is free of charge and without prior registration and includes :

a search engine, by category and / or keyword, among Indexed Games to review Platforms’ offers;
a price comparison tool concerning Indexed Games, including general information from the database www.igdb.com;

If the User wishes to purchase one of the Indexed Games, he will have to proceed by clicking on the Platform of his choice.

Getsuga reserves its rights to change or interrupt the Website or the Service at any time.

Article 3 – Price comparison tool

Among the Services, the Website includes a price comparison tool. The objective of this tool is to provide the most accurate and unbiased possible overview of the digital video game market. The Indexed Games are ranked by ascending price order. Our goal is to help customers to make better decision in video game purchases and to tackle grey economy within the digital video games market.

All offers of which we are informed and for which we have all the required information are listed on the Website.

How are the Platforms ranked?

By default, and where applicable, we display the prices proposed on each Platform for each Indexed Game, listed in ascending order, according to four types of offers:

– Sales of Indexed Game by download per unit purchase.

– Sales of Indexed Game by download per subscription service.

– Sales of Indexed Game via streaming per unit purchase.

– Sales of Indexed Game via streaming per subscription service.

The prices displayed do not include expenses for subscription, for provision, for warranties or any other costs that the Platform may charge in addition for additional services. Despite our efforts, this information is not always made available by the Platforms.

Some offers may include additional costs which are not communicated to us by the Platforms and therefore cannot be considered in the prices displayed on the Website. We therefore invite you to carefully check any information related to Indexed Games, including their price, before finalizing your purchase on the Platform.

For the time being, there is currently no commercial link between Getsuga and the Platforms affecting the comparison of the Indexed Games. Getsuga does not receive any remuneration from the Platforms for these indexing and comparison services.

Which Platforms are listed on the Site?

Our goal is to list a maximum of distribution or broadcasting platforms approved by the publishers of the Indexed Games. For the sake of respecting competition between the Platforms and to secure our Users, we have deliberately excluded any distribution platform from the “grey market” which offer to resale Indexed Game keys, purchased from third parties other than the publishers themselves.

Although we wish to offer Users all the official marketplaces available in their country, several retail websites still require additional developments by our teams to be integrated into the Website.

We do our best to find all the commercial sites by ourselves, but if your site or a marketplace that you know is not listed on the Website whereas it sells Indexed Games and is validated by the publishers of those games, please let us know.

How is the information relating to the Indexed Games updated?

Information related to the Indexed Games, as prices or availability, is usually updated every 24 hours. These updates may be more frequent or rarer in some cases. We receive this information from the Platforms themselves through an automatic data communication via their APIs.

Our goal is to display on our Site the most up-to-date information possible for all Indexed Games and per Platform. However, some Platforms’ APIs are difficult to manage and sometimes do not allow the transmission of all the information required. In these cases, we display as much information as possible while attempting to manually update them.

Despite Getsuga’s efforts to always display accurate information on every Indexed Games and Platforms, search and comparison results come from information provided by the Platforms themselves or from the website www.igdb.com. Please, always check the price and description of the Indexed Games indicated by the Platform itself on their website before proceeding to any purchase. In the event of any contradiction between the information displayed on the Website and on the website of a Platform, the latter shall prevail.

If you spot any incorrect detail on the Website, it can be reported via our contact form mentionned in each of the Indexed Games sheets.

What are the variants of the Indexed Games?

A Platform may provide a Indexed Game in several versions. These may be language versions, “Pack” bringing together the Indexed Game and its soundtrack in sound file format, “bundle” versions bringing together several games, etc.

To avoid overly complex rankings, the main offer aimed to acquire only the Indexed Game is displayed on the Website. The other versions of the Indexed Games or particular offers from the Platforms themselves can be viewed directly on the said Platforms.

Article 4 – Responsibilities and warranties

Getsuga does everything possible to ensure that the information displayed on the Site is accurate and updated automatically every 24 hours.

However, as stated above, the search results and the information displayed on the Website are communicated directly by the Platforms, from their website, their API or the database www.igdb.com.

Therefore, Getsuga cannot guarantee the reliability or accuracy of the information and results displayed on the Website as they are likely to be based on automatically processed information. No search results, information, advice, or details obtained through us can be considered as a warranty of any kind.

The prices displayed on the Website are exclusive of shipping costs, warranty, or any other costs that the Platform may charge in addition for additional services or for access to the Games. It is therefore possible that at the time of purchase on its site, the Platform will charge you additional costs compared to the price displayed on the Website.

Getsuga is not party to transactions between the User and the Platform. Also, when a User purchases a Indexed Game on the website of a Platform, that User submits to the general terms of use an sale of the said Platform. Before the conclusion of any order or contract, the User is required to verify the accuracy of all data related to the conclusion of this contract, based on the indications of the Platform itself.

All actions taken by a User are of his sole responsibility and the User uses the Site at his own risk. Getsuga cannot be held responsible for information, including pricing, provided on the Website or by the Platforms. In addition, Getsuga cannot be held responsible for any loss or damage resulting from an activity carried out with a Platform. In other words, Getsuga cannot be held responsible for any damage related to the purchase, delivery or use of the Indexed Games acquired from the Platforms.

In this regard, Getsuga offers no warranty on the following aspects:

– that the Indexed Games appearing on the Website can actually be acquired, ordered or reserved from the Platforms under the conditions indicated on the Website;

– that the quality of a Indexed Game or of its delivery will meet the expectations and requirements of the User;

– that a Indexed Game or a Platform will be free of errors or bugs.

Any User declares to be informed that, in order to access to the Website and the Service, he must have its own Internet connection, subscribed with the supplier of his choice, the cost of which is his own responsibility, and acknowledges that:

– The reliability of communication of information on Internet is uncertain due, in particular, to the heterogeneous nature of the infrastructures and networks on which they circulate and that, in particular, breakdowns or saturations may occur;

– It is up to the User to take any measure he deems appropriate to ensure the security of his equipment and his own data, software or OS, in particular against contamination by any virus, malware and / or attempted intrusion of which he could be a victim ;

– Any equipment connected to the Website is and remains under his full responsibility, the responsibility of Getsuga cannot be sought for any direct or indirect damage which may arise as a result of User connection to the Website.

Getsuga undertakes to implement all necessary means to ensure the best possible provision of the Service to Users.

However, Getsuga declines any responsibility in the event of:

– Interruptions, breakdowns, modifications, and malfunction of the Service regardless of the communication medium used or whatever their origin and provenance,

– Temporary impossibility of access to the Site due to technical problems, whatever their origin and provenance,

– Direct or indirect damage caused to the User, whatever its nature, resulting from access, management, use, operation, malfunction and / or interruption of the Service ;

– Abnormal use or illegal exploitation of the Service by the User;

– Computer attack or hacking, deprivation, deletion or prohibition, temporary or permanent, and for any reason whatsoever, of access to the Internet.

Getsuga can only be held liable for direct damage suffered by a User and resulting from a breach of his contractual obligations as defined herein.

In any event, for its search engine activities, Getsuga is considered a technical intermediary and is subject to the reduced liability regime provided by articles 6 et seq. of French law No. 2004-575 of June 21, 2004 on confidence in the Digital Economy.

Article 5 – Intellectual property

The listing of the Indexed Games, as well as the reproduction of the intellectual property rights of the Platforms, such as their brands and logos, are mentioned on the Website for information only, as a reference required. They do not constitute an endorsement nor a recommendation of the Platforms from Getsuga. Furthermore, the use of the said intellectual property rights does not imply, either directly or indirectly, that the Platforms are affiliated with Getsuga, the Website or the Service.

All intellectual property rights (such as copyright, trademark rights, rights of database producers) relating to both the structure and the content of the Site and in particular software, databases, images, sounds, videos, texts, logos, brands, documents, data, information are reserved, to the exclusion of the intellectual property rights of the Platforms and of the publisher of Indexed Games.

These elements are the property of Getsuga, thanks to its partnership with the database www.igdb.com, and are made available to Users, free of charge, for the sole use of the Service.

Any use not expressly authorized of a part or the whole Website constitutes an infringement of Getsuga’s intellectual property which may engage the civil and / or criminal liability of its author.

It is forbidden for any User to copy, modify, create a derivative work, carry out any extraction or use of data, search for the source code, perform reverse engineering actions, sell, assign, sublicense or transfer in any way whatsoever, any right relating to or component of the Website and/or the Service.

Any User undertakes in particular not to:

– Use or query the Webite or the Service on behalf or for the benefit of other people;

– Extract, for commercial purposes or not, part of or all the information of the Website;

– Reproduce on any other medium, for commercial purposes or not, part of or all the information of the Website;

– Use a robot, in particular a crawler software, an application for searching or retrieving websites or any other means making possible to retrieve or index part or all the content of the Website, except in the case of expressly and priorly authorized by Getsuga and its partners;

– Copy the information of the Site and of the Service on supports of any kind allowing to reconstitute all or part of the original files.

Any reproduction, representation, publication, use, exploitation, transmission, adaptation, modification, extraction of all or part of the Website and the Service, in any way whatsoever, without the prior written authorization of Getsuga is illegal. These acts engage the responsibility of its authors in particular for IP infringement.

The VIDEO GAMES ACCESS, VGA and Logo VGA brands, as well as the brands of Getsuga’s partners are protected trademarks. Any total or partial reproduction without the prior written permission of Getsuga is prohibited.

Getsuga is notably the producer of the Service and Website databases. Any extraction and / or reuse of databases within the meaning of Articles L 342-1 et seq. of the French Intellectual Property Code is prohibited.

The Site contains hypertext links redirecting to sites operated by third parties, and in particular the Platforms. These links are provided for information only. Getsuga has no control over these sites and declines all responsibility for the access, content or use of these sites, as well as for any damage resulting from consulting the information on these sites.

Article 6 – Reporting of content

Getsuga is a technical intermediary which allows you, via the Website, to access video game content online. In the event of a request to remove any content from the Website, even if we proceed accordingly for the Website, we remind you that this content may remain available on the Platform and / or via other search engines.

It is your responsibility to contact the publication manager and / or the hosting company of the sites in question to request the permanent deletion of the aforesaid content.

If you believe that a content from the database www.igdb.com infringes your intellectual property rights, we invite you to refer to the reporting procedure of the said platform: https://www.twitch.tv/p/en/legal/dmca-guidelines/

To report an infringement of an intellectual property right (copyright, trademark, etc.) and any corresponding request for removing any content from the Website, we thank you to contact us following this discord link : https://discord.gg/9sDrrrxZdX

This notification will have to comply with the formalism required by Article 6-I-5 of French Law No. 2004-575 of 21 June 2004 on confidence in the digital economy (LCEN) and show in particular:

if the notifier is a natural person: his name, first name, email address;

if the notifier is a legal person: its corporate form, corporate name, email address;

if the notifier is an administrative authority: its name and email address.

the description of the contentious content, its precise location and, if applicable, the link where it is made accessible;
the legal grounds for which the disputed content should be removed or made inaccessible;
a copy of the correspondence addressed to the author or to the publisher of the disputed information or activities requesting their interruption, their withdrawal or their modification, or the justification that the author or the publisher could not be contacted ;

This report will have to include a description of the rights that you believe are being violated, namely:

– the references and the copy of the infringed trademark;

– the description of the copyrighted work, its originality and proof of your capacity as author or holder of the rights;

– etc.

In any other situation, please send us a message at the aforesaid discord link complying with the formalism required by article 6-I-5 of the French law n ° 2004-575 of June 21, 2004 for confidence in the digital economy (LCEN).