Article 1: Presentation of the TOU
1.2 These services include, among other things, access (i) to the various Games published by the Company (hereinafter the "Game" or "Games") and (ii) the software published by the Company (hereinafter the "Software").
To access certain Games and Software, the Company may ask you to download and install software on your terminal (hereinafter the "Client" or the "Clients"). These TOU also govern the use of these Clients.
The Games, the Software and the Clients are collectively referred to as the "Services".
1.4 As such, the TOU determine the framework of contractual relations between the Service user (hereinafter "you") and Sylvain Seccia EIRL.
Article 2: Acceptance of the TOU
2.1 You acknowledge that you are an individual who has reached the age of majority in your country of habitual residence or, if you are a minor and the law of your country of habitual residence so requires, you have obtained permission from your legal representative (parent or guardian) to create an Account and/or access the Services. You also acknowledge that you are capable of entering into a valid agreement in accordance with the law, case law or customs of your country of habitual residence.
If you live in the United States and are under 13 years of age, CAUTION! You may not create an Account and access the Services. If you are aged between 13 and 18 years, then you must obtain consent from your legal representative (parent or guardian).
2.2 Any use of the Services which is not in accordance with the TOU is prohibited and may lead to the termination thereof, in accordance with the terms set forth in Article 9 hereinafter.
2.3 Acceptance of the TOU is established by your electronic signature, manifest by your having checked the box provided for this purpose or by your having clicked on the TOU acceptance button or on the button allowing you to finish creating your Account. This acceptance is required to create an Account and/or use the Services. If you disagree with these provisions, you must not check the box or click on the TOU acceptance button. In the event that the TOU are updated, you will be asked to manifest your agreement by filling a check box or clicking on a TOU acceptance button, failing which you may no longer access the Services.
Article 3: Access
3.1 As the Service is offered on the Internet, you must have an Internet connection to access it. All costs of telephone connections and Internet access are at your expense. Sylvain Seccia EIRL shall bear no liability for damage you may suffer as a result of using an Internet connection or as a result of malware being installed on your computer.
3.2 Certain Services are accessible via mobile devices. "Mobile device" refers to any mobile device capable of connecting to the Internet to access the aforementioned Services (mobile phones, tactile tablets, personal digital assistants, etc.). You acknowledge that the quality of the Services, the response time, and the access to certain functionalities may depend on the capabilities of your mobile device and of the electronic communication network. You acknowledge that the Services offered on mobile devices by Sylvain Seccia EIRL may not be available on all mobile devices.
3.3 Sylvain Seccia EIRL grants you a limited, non-exclusive and non-transferable license to access and use the Services and their content. This license is subject to compliance with the rules set forth in the TOU.
3.4 To access the Services and/or all of the Services' functionalities, the Company may ask you to create a Savegame account (hereinafter the "Account"). You can create an Account from the Games.
Article 4: Account creation
4.1.1 To create an Account, you must be a person aged eighteen (18) years or have reached the legal age in your country of residence or, if you are a minor and the law of your country of habitual residence demands it, obtained the agreement of your legal representative (parent or guardian), and in any case, be legally able to enter into an agreement with the Company.
Reminder: if you live in the United States, you may not create an Account if you are under the age of 13.
4.1.2 The Account is a user account made available to you via an email address and password.
4.1.3 The Account remains the property of the Company. You only hold a right of access to the Service, through an Account provided to you.
4.1.4 To create an Account, you must provide an email address.
4.1.5 The Account and your personal details are managed solely in Games.
4.1.6 The Account email address and password allow you to access the Services. The email address allows us to communicate with you to manage and monitor your Account, and to send you information relating to the Services.
4.1.7 The Account must respect the following rules as a minimum:
- Personal details must be accurate, verifiable, complete and up-to-date. A valid personal email address must be provided.
- You agree not to use intermediary servers (also called proxies), whether for Account registration or connecting to the Account.
- Automatic Account creation and/or Account creation using a false or fraudulent identity is strictly prohibited.
4.2 Creation Rules
4.2.1 Account email addresses are not visible to other users.
To ensure the security of your Account and avoid the theft of an Account, commonly known as "hacking an account", you undertake to:
- not give access to your Account to a third party. The loaning, sharing, exchange, donation, purchase, transfer, and sale of Accounts (or attempt thereof) are prohibited. The Company cannot be held responsible for any loaning, sharing, exchange, donation, purchase, transfer or sale of Accounts, which may give rise to the sanctions provided for in Article 6 of these TOU;
- take all measures to prevent any third party from accessing the Account you have activated, even without your knowledge;
- not play on a third party's Account;
- not give out your login information, i.e. password;
- use a personal email address and not to share this email address; and
- allow Sylvain Seccia EIRL to easily contact you, for any reason whatsoever, via your email address.
126.96.36.199 The security of your Account is solely your responsibility, and Sylvain Seccia EIRL shall not be held liable for damages that may result to your Account or your computer after losing or sharing your Account login details.
188.8.131.52 The Company shall not in any way be held responsible in the case of Account theft or any changes that may result to your Account.
184.108.40.206 You also acknowledge that you are presumed to be the user of your Account, and, as such, are responsible for actions taken through the use of your Account and on your Account.
220.127.116.11 You acknowledge that you, and not the Company, are responsible for all electronic communications and content sent from your computer, and that you must only use the Services in compliance with the law and the TOU.
Article 5: Games and Software
Subject to the provisions of the TOU, the Company grants you a non-exclusive, non-transferable, revocable, limited license allowing you to access and use the Games and Software and to download, install and use the Clients for your personal, non-commercial use. You acknowledge that the use of techniques to connect to the Games and Software other than those provided by Sylvain Seccia EIRL or one of its partners is prohibited.
Conditions specific to the Clients: The Company authorizes you to install the Clients on any machine that you own or for which you have the right to install computer programs and store the files in question.
5.2 License Limitations
The license granted to you is subject to certain limitations. Any use of the Games and/or Software and/or Clients that does not comply with the rules of Article 5.2 shall be considered to be a breach of the Company's copyright.
5.2.1 You may not reverse engineer, disassemble, decompile, edit or otherwise modify all or part of the Clients or Games, unless expressly permitted to do so by Sylvain Seccia EIRL or the legislation in force.
5.2.2 You may not modify the Games, Software or Clients. You may not modify, or cause to be modified, any files that are a part of the Games or Software or the Clients in any way not expressly authorized by the Company, and you may not make any derivative works of the Games.
5.2.3 You agree not to use or create pirate servers, proxies, emulators or any other elements of this type to connect to the Games. You may only use the tools and methods offered and accepted by the Company to connect to the Games.
5.2.4 You may not use the Client to develop any computer program.
5.2.5 You agree not to create, use, advertise, or promote any program or tool capable of causing damage to the Games or the Clients, or of altering the experience of the Games, including (but not limited to) bots, viruses, Trojan horses, piracy tools, cheats, automation software, mods, or any other unauthorized software intended to modify the Games or the Clients.
5.2.6 You agree not to intercept or spy on the communication protocols used by the Company, nor to use an interceptor for the data or the protocol. As such, you may not emulate these protocols, collect data via packet-sniffing, or transfer these protocols or data to another protocol (tunneling).
5.2.7 You shall not develop or distribute modifications to the Clients using the features provided for this purpose in the form of modules (hereinafter the "Module" or "Modules") where the Company has not explicitly authorized the development thereof and published the related licensing agreements, nor develop or distribute Modules using other features, techniques, methods or functions other than those explicitly documented by Sylvain Seccia EIRL. Any Module developed, distributed or used through the Client must be subject to a license for the development and use of Modules.
5.2.8 You cannot resell all or part of the Clients and their accompanying files. Generally, you undertake not to use and exploit the Games and/or the Clients for any commercial purpose.
5.2.9 You agree not to distribute, even free of charge, all or part of the Clients and the accompanying files without the prior written permission of Sylvain Seccia EIRL.
5.2.10 You agree not to create, use, or disseminate any program not distributed by Sylvain Seccia EIRL which could be used to modify the characteristics of your Account or that of a third party, or which could adversely affect the servers or infringe on the interests of the Company.
5.2.11 You may not use the Games in any manner that could render them inaccessible, damaged, or inoperable.
5.3 Rules of Conduct / Prohibited Activities
5.3.1 You agree to refrain from insulting or threatening other users or Company staff, and to refrain from all racist, shocking, offensive or discriminatory speech, and from any speech that is illegal under French, European or international law, irrespective of the language used. Sylvain Seccia EIRL cannot be held liable for any violation of the present article.
5.3.2 You also agree to refrain from: "spamming", "flooding", or sending commercial offers of any nature to other users; cheating, stealing Accounts, or attempting to do so; threatening, harassing or embarrassing other users by any means whatsoever; providing other users with personal information about yourself or other players; and collecting information in the Games.
5.3.3 You are prohibited from proceeding with any form of advertising or in-game commercial promotion via the communication means put made available to you in the framework of the Games. Sylvain Seccia EIRL may nonetheless authorize, at its sole discretion, the dissemination of fan websites and other guild forums, in relation to the Sylvain Seccia EIRL game universe, provided they do not contain any content that may contravene legislation in force and the TOU.
5.3.4 You agree not to participate in, organize, or be involved with an attack against Sylvain Seccia EIRL's servers.
5.3.5 Generally, use of the Services must not violate national and international legislation and regulations.
In order to improve the experience in the Games, Sylvain Seccia EIRL reserves the right to issue updates or patches to the Clients, the Games and Software. The Games, the Clients, Software and their updates constitute an indivisible whole, inseparable from their components, which remain subject to the TOU.
Article 6: Sanctions
6.1 In the event that one or more of the provisions of the TOU or of any other document incorporated herein by reference is violated, Sylvain Seccia EIRL reserves the right to terminate or limit, without prior notice and at its sole discretion, your use and access to the Services and to your Account, and to sanction you concerning the Games. Sanctions are specific to certain Services and, in particular, to the Games and Software. In the event of a contradiction with this Article, the specific sanctions shall take precedence over the TOU.
6.2 If Sylvain Seccia EIRL notices suspect or abnormal behavior or operations on your Account, which may lead to a breach of the TOU, Sylvain Seccia EIRL reserves the right, at its sole discretion, to block your Account for the time needed to perform verifications or an investigation. Sylvain Seccia EIRL will decide, at its sole discretion, to provide you with compensation, or not, if your Account is blocked.
Article 7: Liability and Warranty
7.1 Sylvain Seccia EIRL will do everything possible to ensure the proper operation of its Services and provide you with the Services 24 hours a day, 7 days a week.
7.2 However, in this regard, Sylvain Seccia EIRL is only bound by an obligation of means as regards access to and use of Services. Sylvain Seccia EIRL cannot guarantee that the functionalities offered by the Services will always be available and free of typographical, technical or other errors, that flaws will be corrected, or that the Services or servers hosting them will be free of viruses and bugs.
7.3 For reasons of maintenance, testing, security, repairs, or any other reason, linked to the improvement and/or proper operation of the Services, these Services may be temporarily interrupted by Sylvain Seccia EIRL, without engaging its responsibility. Sylvain Seccia EIRL will, at its sole discretion, decide whether or not to provide you with compensation in the event of interruptions in Services.
7.4 The Company shall not be held liable in the event of force majeure as defined by law.
7.5 Sylvain Seccia EIRL provides the Services while they are published. Sylvain Seccia EIRL therefore reserves the right to cease publishing the Services and consequently to interrupt Services definitively; in the event of this, you will be notified of this by all means. Sylvain Seccia EIRL could also interrupt the Services definitively in the event of a cessation of activity.
7.6 Unless stipulated otherwise by the law or in special conditions agreed upon expressly between Sylvain Seccia EIRL and you, you acknowledge and agree that:
The service is provided "as is" without any further warranties or any kind.
You assume the risk of any and all damage or loss from use of, or inability to use, the service. For minor users, the responsibility rests with their legal representatives.
SYLVAIN SECCIA EIRL DECLINES ALL RESPONSIBILITY FOR USE OF THE SERVICES THAT IS NOT IN ACCORDANCE WITH THESE TOU. SYLVAIN SECCIA EIRL SHALL NOT BE HELD LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES, LOSSES OF DATA OR PROFITS, WHICH MAY ARISE FROM THE USE OR NON-USE OF THE SERVICES, NEGLIGENCE, OR ANY OTHER REASON ASSOCIATED WITH THE SERVICES.
ANY AND ALL COMMUNICATIONS BETWEEN SYLVAIN SECCIA EIRL AND YOU, WHETHER ORALLY OR IN WRITING, SHALL NOT CREATE ANY GUARANTEE WHATSOEVER NOT SET FORTH IN THESE TOU.
Sylvain Seccia EIRL shall not be held liable for any errors or omissions on your part.
Sylvain Seccia EIRL shall not be obliged, for whatever reason, to reimburse you in any amount in the event of failure.
7.7 The company shall not be held responsible for links from Web pages or other sites leading to the service, but not managed by the company, or any link contained on the service leading to Web pages or other locations managed and published by others, where the third parties managing and editing the content do not comply with French, European or international regulations.
7.8 Some countries do not allow the exclusion or limitation of liability. Limitations or exclusions might not apply to you.
7.9 SUBJECT TO THE PRECEDING STIPULATIONS, SHOULD THE COMPANY'S LIABILITY BE ENGAGED IN THE FRAMEWORK OF YOUR USE OF SERVICES, THE AMOUNT OF ANY DAMAGES AWARDED TO YOU IS LIMITED TO THE AMOUNT OF THE SUMS YOU HAVE PAID IN THE FRAMEWORK OF ACCESS TO THE SERVICES OVER THE COURSE OF THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM.
Article 8: Intellectual property / Trademarks
8.1 All of the elements, features, tools and documents that are part of the Sylvain Seccia EIRL universe and provided by Sylvain Seccia EIRL (including, but not limited to, the Games, Clients, Software and any titles, computer code, themes, items, characters, stories, dialogs, catchphrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-Game chat transcripts, character profile information, recordings or replays of Games, and server software) are protected by French and international law on copyright and intellectual property. All of these elements, features, tools and documents are the property of Sylvain Seccia EIRL. Unless you receive prior written authorization from Sylvain Seccia EIRL, you undertake not to trade elements from Sylvain Seccia EIRL's creations and not to promote this kind of activity, which harms Sylvain Seccia EIRL's rights. Sylvain Seccia EIRL will do everything to prevent such acts.
8.2 Any data relating to the Games, Services or websites belongs to Sylvain Seccia EIRL and is protected by French, European and international copyright law. You must therefore respect the prohibitions provided for in Articles 5.2, 5.3 and 5.4. You have no right, in whole or in part, to copy, reproduce, translate, extract, edit the source code, disassemble, decompile, modify, hire, sell, distribute or create derivative works based on the Games or content without Sylvain Seccia EIRL's prior written consent.
8.3 Any trademarks that appear on the websites or in the Services are trademarks created by the Company or for which it holds the usage rights. You cannot use these trademarks without prior written permission from Sylvain Seccia EIRL. You do not have permission to use meta-tags or any other "hidden text" using Sylvain Seccia EIRL's names and trademarks without prior written permission thereto. Other trademarks appearing on the websites or in the Games and Software that do not belong to Sylvain Seccia EIRL belong to their respective owners.
8.4 Any non-compliant use ends the authorization or the license granted by Sylvain Seccia EIRL.
Article 9: Termination
9.1 This Agreement shall enter into force on the day of your acceptance, and through to its conclusion, unless either you or Sylvain Seccia EIRL terminate it before this time.
9.2 Termination at Your Initiative: You can request that your Account be closed at any time and for no reason. You must therefore log in to the Account to complete the termination procedure.
9.3 Termination at Sylvain Seccia EIRL's Initiative:
Termination for Misconduct: Sylvain Seccia EIRL may close your Account with or without prior notice, if you do not comply with the law and the rules set forth by the TOU. Sylvain Seccia EIRL also reserves the right to take all necessary measures to cover the damage it may have suffered.
Termination for Inactivity: Sylvain Seccia EIRL also reserves the right, of its own accord and at any time, to close inactive Accounts. An Account is considered inactive when it has not been logged into via one of our Games for a period of twenty-four (24) consecutive months.
9.4 Consequences of Termination, Irrespective of the Party Initiating such Termination: In all cases, closing the Account will delete all your online savegames. In the aforementioned cases of termination, you may not claim any compensation.
Article 10: Epilepsy
Some individuals may suffer epileptic seizures when exposed to particular forms of light or flashing lights. Exposure to such forms or such images on a television, or due to playing video games, may induce an epileptic seizure in such individuals. Any person who suffers from epilepsy must consult a doctor before playing. If you experience dizziness, impaired vision, muscular or visual spasms, loss of consciousness, disorientation, involuntary movements, or convulsions whilst playing, stop playing immediately and consult your doctor.
Article 11: General provisions
11.1 Divisibility: If any provision or term of this Agreement is determined to be illegal, invalid, or unenforceable, that provision or term will be deleted without affecting the application of the other provisions.
11.2 Absence of Waiver: No waiver by Sylvain Seccia EIRL of any right or any provision of these TOU shall be deemed to be, nor shall it be construed as, a waiver of this right or provision. No member of Sylvain Seccia EIRL's staff who interacts with you is legally empowered to bind Sylvain Seccia EIRL to any amendment or waiver of the provisions of these TOU.
11.4 Changes: Sylvain Seccia EIRL reserves the right to modify, add to or delete any of the rules provided for by the TOU. You will be notified by all means of any substantial changes made to the Agreement when you try to access one of our Services. You acknowledge that, by using the Services after having been informed of the modifications, additions and/or deletions, you accept these modifications, additions and/or deletions.
11.6 Survival of the Terms: In the event of termination of the TOU, Articles 3.1, 5.2, 5.3, 5.4, 7, 8 and 11 shall remain applicable.