END USER LICENSE AGREEMENT FOR WANADEV GAMES
Wanadev, a corporation of France, with its principal place of business at 31 rue Grenette, 69002 Lyon ( hereinafter “Wanadev,” “we,” “us” or “our”) is pleased to provide you access to, and use of software, websites, applications, and content (collectively hereinafter the “Services”). These End User License Agreement (hereinafter “Agreement “ or “Terms”) apply to your purchase, access to, and use of, any Services. These Terms do not alter in any way the terms or conditions of any other agreement you may have with Wanadev for products, services or otherwise. If you are using the Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf and that such entity agrees to be responsible to us if you or that entity violate these Terms.
Wanadev reserves the right to change or modify these Terms on a going forward basis at any time and in our sole discretion. If Wanadev makes changes to these Terms, we will provide notice of such changes as appropriate, such as providing notice through the Services and/or updating the “Last Updated” date at the top of these Terms. Your continued use of the Services will confirm your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Services. We encourage you to review the Terms from time to time to ensure you understand the terms and conditions that apply to your access to, and use of, the Services.
1. Eligibility & Account
1.1. You are not allowed to use our Services if you are less than 13 years of age, or the laws of the jurisdiction in which you live prohibit use of our Services. If you are between the ages of 13 and 18 (or the age of majority where you live):
- You and your parent or guardian must review this Agreement together before you use our Services;
- Your parent or guardian enters into this Agreement on your behalf and their own behalf when you use our Services; and
- Your parent or guardian will be responsible for all of your activities when you use our Services.
Wanadev does not knowingly collect any personal information from children under the age of 13.
1.2. You may need to create an account with us (hereinafter "Account") to use the Services. To create an Account, you must provide truthful and accurate information about yourself on the Account registration page and keep that information up-to-date. You may not share your Account with others and are solely responsible for keeping the login credentials to your Account confidential. You are responsible for all activity associated with your Account. We may suspend or terminate your Account at our sole discretion, at any time, for any reason or no reason, and without prior notice to you.
2.1. Content and Software License.
2.1.1. Except as otherwise agreed upon, if we enable the use of software, content, virtual items or other materials owned or licensed by us (hereinafter “Software and Content”), we hereby grant you a limited, nonexclusive, non-sublicensable or transferable, license to access, install, and use the Software and Content solely for personal and noncommercial purposes, conditioned on your compliance with these Agreement.
2.1.2. You will not use, copy, adapt, modify, decompile, reverse engineer, disassemble, decrypt, attempt to derive the source code of, prepare derivative works based upon, distribute, license, sell, rent, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Software and Content, except as expressly permitted by Wanadev or as permitted under applicable law. Any unauthorized use of the Services is strictly prohibited and will terminate the license granted in these Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.
2.1.3. The Software and Content may not be available in all territories and jurisdictions, and we may restrict or prohibit use of all or a portion of the Services and Content in certain territories and jurisdictions.
2.1.4. You may be charged by your network provider for data services or any other third party charges as may arise while using the Services and you accept responsibility for such charges. If you are not the bill payer, we will assume that you have received permission from the bill payer.
2.2. Limited Rights
2.2.1. User acknowledges that Wanadev retains all right, title and interest to the Services, the Services’ design and documentation, and the intellectual property rights therein and thereto including without limitation, all patent rights, design rights, copyrights and trade secret rights.
2.2.2. Unless otherwise indicated, the Services are the property of Wanadev or our licensors and are protected by copyright, trademark and other laws of France and foreign countries. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.
2.2.3. Wanadev games, services and the Wanadev logo (hereinafter “Wanadev Marks“) are trademarks or registered trademarks of Wanadev. The Wanadev Marks and those of its affiliates may not be copied, imitated or used, in whole or in part, without prior written permission, including as authorized by any applicable brand guidelines. All other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective owners and may not be used without permission of the applicable trademark holder.
3.1. You may be required to be a registered user in order to purchase some Services. You are responsible for all charges incurred in connection with your account. Wanadev may attempt to collect unpaid charges, including by attempting additional charges to your payment instrument, use of collections agencies and any other legal means. If you decide to cancel your account, Wanadev reserves the right, subject to any limitations under applicable laws, to collect fees, surcharges, or costs incurred before cancellation. Any delinquent or unpaid accounts must be settled before Wanadev will allow you to register again.
3.2. We may accept various forms of payment, including credit and debit cards, and additional terms with your payment provider may apply. Prices are subject to change without notice. We reserve the right to refuse or cancel orders at any time and in our sole discretion.
3.3. If your purchase or use of the Services is subject to any type of use or sales tax, duty or other governmental tax or fee (hereinafter “Taxes”), then we may charge you for those Taxes. Applicable Taxes may be presented at checkout. You are responsible for any Taxes due with respect to your use of the Services.
3.4. All purchases of digital content are final except as required by law. Once you purchase Content, we encourage you to download, install and/or access it promptly. If you are located in the EU, you consent that the supply of the digital content may begin immediately following the completion of your purchase and you acknowledge that you therefore will lose any statutory rights you may have to withdraw and receive a refund. If you are unable to download, install or access purchased content, please contact us at email@example.com .
4. Content and UGC
4.1. Our Services include materials, information, technology, software and other content available through our Services, including trademarks, logos, visual interfaces, images, illustrations, designs, compilations, articles, advertisements, software, computer code, services, text, pictures, photos, audio clips and video clips, and the selection and arrangement thereof (hereinafter "Content") as well as user-generated Content contributed by third-party users of our Services (hereinafter "UGC”).
4.2. All Content is and will remain the exclusive property of Wanadev or its licensors, and is protected by copyright, trademark, trade secret, intellectual property and other laws.
When you contribute UGC, you:
- Represent, warrant and agree that you have all necessary rights and authorizations to publish through our Services or share with us such Content and grant the rights that you grant herein;
- Grant to us and our licensors and licensees a non-exclusive, perpetual, transferable, worldwide, sublicensable license to use, host, store, reproduce, modify, create derivative works of, publicly perform, publicly display or otherwise transmit and communicate the UGC, or any portion thereof, in any manner or form and in any medium or forum, whether now known or hereafter devised, without notice, payment or attribution of any kind to you or any third party;
- Grant all other users who can access and use your UGC on our Services the right to use, copy, modify, display, perform, create derivative works from, and otherwise communicate and distribute your UGC on or through our Services without further notice, attribution or compensation to you;
- Waive any moral rights and rights of publicity and privacy you may have in such UGC, to the fullest extent permitted by applicable laws; and
- Agree that you are solely responsible for the UGC that you contribute.
4.3. You may not upload UGC that infringes a third party's intellectual property rights or that violates the law, this Agreement, or a third party's right of privacy or right of publicity. We may remove, edit or disable UGC at our sole discretion. We do not assume any responsibility or liability for UGC, for removing it, or not removing it or other Content. We may, but are not obliged to, pre-screen UGC before displaying it on our Services. We do not endorse any UGC available on our Services.
5. Software Updates
We may, by automatic update or otherwise, change, modify or update Services or Content at our sole discretion. These updates or resets may cause you setbacks within the relevant game world and may affect your gameplay under your control. If our Services use online servers, we make no commitment to continue to make those servers available, and may terminate online features at any time.
We reserve the right to interrupt our Services from time to time on a regularly scheduled basis or otherwise with or without prior notice to perform maintenance on our Services. You acknowledge that we may interrupt, suspend or terminate our Services for unforeseen circumstances or causes beyond our control, and we cannot guarantee that you will be able to access our Services or your Account whenever you may wish to do so. We are not liable to you for any consequences resulting from changes, modifications, updates or interruptions to our Services, or the discontinuation of any Services.
6. Rules of Conduct
You shall not, and shall not attempt to, do any of the following, including during multiplayer or co-op gameplay sessions:
- Use or allow the use of our Services for any purpose or activity that is illegal, unlawful or not expressly authorized under this Agreement.
- Sell, rent, lease, share or provide access to your Account to anyone else, or use another user's Account.
- Use our Services to build a service or game that would compete with our Services or assist another person in building a service or game that would compete with our Services.
- Remove any proprietary, copyright, trade secret or warning legend from our Services.
- Make or publicly display Your Streaming Footage where such footage: (a) misrepresents our identity, the names, features or functionality of our Services, or the legal rights or obligations that anyone has in regards to the Services; or (b) adversely affects our rights in an unfair or illegal manner.
- Damage, disrupt, impair, or interfere with our Services, any server, network or system used to support or provide our Services, any person's property, or another user's use or enjoyment of our Services, such as by engaging in denial of service attacks, spamming, hacking, or uploading computer viruses, worms, Trojan horses, cancelbots, spyware, corrupted files or time bombs.
- Probe, scan or test the vulnerability of our Services, or circumvent or breach the security or authentication measures of our Services.
- Harass, threaten, bully, embarrass, spam or do anything else to another user of our Services that is unwanted, such as repeatedly sending unwanted messages or making insults, personal attacks or statements about people based on their race, sexual orientation, religion, nationality, or any other aspect.
- Contribute User General Content (hereinafter “UGC”) or organize or participate in any activity or group via our Services that is inappropriate, abusive, harassing, profane, threatening, hateful, offensive, vulgar, obscene, sexually explicit, defamatory, infringing, invades another's privacy, or is otherwise objectionable.
- Publish, post, upload or distribute UGC that is illegal or that you do not have permission to freely distribute, or which we determine is inappropriate, abusive, hateful, harassing, profane, defamatory, threatening, hateful, obscene, sexually explicit, infringing, privacy-invasive, vulgar, offensive, indecent or unlawful.
- Post or transmit a message for any purpose other than personal communication. Prohibited messages include advertising, spam, chain letters, pyramid schemes and other types of solicitation or commercial activities.
- Impersonate another person or falsely imply that you are one of our employees or representatives.
- Improperly use in-game support or complaint buttons or make false reports to us.
- Use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, "data mine" or in any way reproduce or circumvent the Content, navigational structure or presentation of our Services;
- Harvest, phish for, or collect any kind of private information of other users of our Services, such as passwords.
- Use or distribute unauthorized software programs or tools when using our Services, such as "auto" software programs, "macro" software programs, "cheat utility" software program or applications, exploits, cheats, or any other game hacking, altering or cheating software or tool.
- Modify any file or any other part of our Service that we do not specifically authorize you to modify.
- Use exploits, cheats, undocumented features, design errors or problems in our Services.
- Use or distribute counterfeit software or Content associated with our Services.
- Attempt to use our Services on or through any service that we do not control or authorize.
- Sell, buy, trade or otherwise transfer or offer to transfer your Account, any personal access to our Services, or any Content associated with your Account, either within our Services or on a third-party website, or in connection with any out-of-game transaction.
- Engage in any other activity that significantly disturbs the peaceful, fair and respectful gaming environment of our Services.
- Use information about users publicly available in any of our Services (e.g., on a leaderboard) for any purpose unrelated to our Services, including to attempt to identify such users in the real world.
- Promote, encourage or take part in any prohibited activity described above.
Some of our Services may post additional rules that apply to your conduct on those services.
If you encounter another user who is violating any of these rules, please report this activity to us. We will review the report and may, at our sole discretion, take action against anyone who violates our Rules of Conduct, such as by revoking access to certain or all of our Services and terminating their Account. We may also take such actions, at our sole discretion, in respect of anyone who knowingly submits a false report in bad faith.
We may, but are not obliged to, monitor or record online activity or Content on our Services at our sole discretion.
7. Reporting Intellectual Property Infringements
If you are a copyright or intellectual property owner or an agent thereof and believe that any Content infringes upon your copyright or intellectual property interests, please submit a notice to firstname.lastname@example.org . Please include the following information in your notice:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property interest that is the subject of your claim;
- A description of where the material is located on our Services;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good faith belief that access to the relevant material through our Services is unauthorized; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or other intellectual property owner or authorized to act on the copyright or other intellectual property owner's behalf.
This Agreement is effective until terminated by you or us. You may terminate this Agreement by deleting your Account and no longer using any of our Services. We may suspend or terminate your Account and your use of any of our Services at our sole discretion, including where we consider that your use of our Services breaches this Agreement or applicable law, or where we choose not to continue providing any Service to any person for any reason. If we take any action described in this Section, any license you may have under this Agreement will terminate and, to the fullest extent permitted by applicable law, you will not be entitled to a refund, credit or any other reimbursement for any payments you made for any Services. Our exercise of any of our rights under this Agreement shall not prejudice any remedies to which we may be entitled under law or equity.
In particular, the provisions of this Agreement relating to payment obligations, confidentiality, record keeping, intellectual property ownership and restrictions on other marks, subcontracting, right of disposal, indemnification, remedies and insurance shall survive the expiration or termination of this Agreement.
9.1. To the maximum extent permitted by applicable law, we provide our services "as is", "with all faults", "as available" and without warranty or condition of any kind. You use our services at your own risk. Wanadev, its respective affiliates and subsidiaries, and all of their respective employees, officers, directors, representatives, agents, assigns, successors, shareholders, partners and suppliers hereby disclaim all warranties and conditions, express, implied, statutory, or otherwise.
9.2. Without limiting the foregoing, we give no express, implied or statutory warranties or conditions, including implied warranties or conditions of merchantability, satisfactory quality, fitness for a particular purpose, noninfringement of third party rights, or warranties or conditions arising from a course of dealing, usage or practice. We do not warrant or condition against interference with your enjoyment of our services; that our services will meet your requirements; that operation of our services will be uninterrupted, secure, available at any particular time or location, or free from errors, bugs, corruption, loss, interference, hacking, viruses or other harmful components; or that our services will interoperate or be compatible with any other software.
9.3. The foregoing disclaimer of warranties will apply to the maximum extent permitted by applicable law. The laws of some states or jurisdictions do not allow the disclaimer of implied warranties, so some or all of the disclaimers in this section may not apply to you.
10. Limitations of Liability
In no event shall Wanadev be liable for any indirect, incidental, special, consequential or punitive damages, including for loss of profits, data, use, goodwill, or other intangible losses, whether based on breach of contract, breach of warranty, tort (including negligence), product liability, or otherwise, even if advised of the possibility of such damages.
In no event shall the aggregate liability of Wanadev arising out of or relating to the use of or inability to use the services exceed the greater of one hundred euros (100 €) or the amount you paid us to use our services. The foregoing disclaimer of certain damages and limitation of liability will apply to the maximum extent permitted by applicable law. The laws of some jurisdictions do not allow the exclusion or limitation of certain damages, so some or all of the exclusions and limitations set forth above may not apply to you.
Without limiting the foregoing, you expressly agree that you are solely responsible for any damages or losses resulting from:
- Your access to or use of or inability to access or use our Services;
- Any conduct or content of any third party using our Services;
- Any content obtained from our Services;
- Any use or non-use of your streaming footage; or
- Unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
You agree to defend, indemnify and hold harmless Wanadev from and against any and all third-party claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys' fees and litigation expenses) (collectively hereinafter, "Losses"), relating to or arising from your use or non-use of our Services or Your Streaming Footage, or any breach by you of this Agreement.
Wanadev reserve the right, at their own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you agree to provide such Wanadev with all reasonably requested assistance, information and cooperation at your own expense.
13. General Terms
13.1. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement shall continue in effect.
13.2. No waiver of any term or condition of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
13.3. This Agreement, together with any other of our terms that govern your use of our Services, constitutes the entire agreement between you and us. As a consumer, you may have rights under applicable local laws that cannot be excluded, limited or changed. Those rights take priority over anything in this Agreement.
13.4. This Agreement has been agreed for the benefit of Wanadev who may independently enforce the terms of this Agreement against you
13.5. We reserve the right to assign this Agreement to another party without notice to you, to the extent permitted by applicable law. You may not sublicense, assign, transfer or delegate any of your rights or obligations under this Agreement to any third party without our prior written consent. Any attempted sublicense, assignment, transfer or delegation in violation of this article shall be void.
13.6. Wanadev’s Services may include hyperlinks to third-party websites and services. Wanadev do not control those websites and services and are shall not be held responsible for their content or for their collection, use or disclosure of your personal information.
14. Governing Law & Jurisdiction
This Agreement shall be governed and construed in accordance with the laws of France, without regard to its conflict of law provisions.
The parties shall submit to the exclusive jurisdiction of the French Courts. The parties waive any other venue to which either party might be entitled by domicile or otherwise.