General Terms of Use and End User License Agreement
PREAMBLE
The Wolcen Studio company markets the video game entitled “Wolcen: Lords of Mayhem”, on its own website or via platforms published by third parties.
By purchasing the game “Wolcen: Lords of Mayhem”, whether through the Wolcen studio website or an online platform, the user shall accept without reservation the terms of this agreement.
Therefore, the user of the video game “Wolcen: Lord of Mayhem” must carefully read the provisions of this agreement. The fact of downloading, installing and using the game implies acceptance of all the following terms:
- CONTRACTING PARTIES
This agreement is concluded:
BETWEEN:
The Wolcen Studio company, a simplified stock company, whose registered quarters are at 26, Avenue Notre Dame, 06 000 NICE, registered before the French Commercial Register of NICE, under number 810 845 222, represented by Mister Daniel DOLUI, duly empowered for this purpose.
Hereinafter designed as the ‘Company’.
AND:
Any neutral person of legal age in his/her country of residence and, in any case, who is not under 16 years old and being represented by his/her parent or guardian (who shall approve this Agreement on his/her behalf), after having carefully read the provisions of this contract, accepts them and decides to purchase the game: “Wolcen: Lords of Mayhem”, and, consequently subscribe to the license of use related thereto.
Hereinafter referred to as the ‘User’.
These conditions apply to any orders of the game: “Wolcen: Lords of Mayhem” according to the conditions defined below:
2.DEFINITIONS
Agreement: means the present terms of use regarding the game: “Wolcen: Lords of Mayhem”, including the end-user license agreement.
License: means the license granted by the Company to the User, according to the conditions detailed below in this Agreement.
User: means any natural person of legal age in his/her country of residence and, in any case, who is not under 16 years old and, who subscribe to the terms of this Agreement in order to play the Game.
Company: means the Wolcen studio company which is the owner and publisher of the Game and this term is defined below.
Website: means the website published by the Company at the following URL address: https://www.wolcengame.com
Game: means the video game entitled “Wolcen: Lords of Mayhem” published by the Company and available for purchase on a Platform and the Website, on which the Company holds all of the Intellectual Property Rights, and that the Company gives a consent to use it within the strict purpose of the license granted under the terms of Article 13 below.
Platform(s): means the digital distribution platforms which market(s) video games with regard to the subscription process as described on each Platform as detailed below in this agreement.
Chatroom: means the virtual online space in which Users may exchange their experiences of using the Game and discuss their game strategy.
The Chatroom displays:
(i)the successive dialogues of the Users participating in the chat;
(ii)the list of Users participating in the discussion through their pseudonym,
(iii)the history of the messages posted by the Users;
(iv)Game information exchanged by Users about their gaming experience.
Discussions are open and public and visible to all Users who can then participate.
Users can also create newsgroups with up to four players. In that event, the discussion is private and only visible by said group.
Clicking on the name of a User allows to open a private communication with him/her.
Steam Key: means the authentication key which is purchased by the use and allows him/her to access the Game and play it.
Order: means any purchase of the Game by a User directly in the Website or through a Platform.
User Account: means the account created by the User on the Website, in accordance with the procedure described in Article 6.1 of this Agreement, and from which the User can access to the Game and play online once he/she has downloaded and unlocked the Game.
Third party: means any natural or legal person who is not part of this Agreement.
3.WARNING REGARDING VIDEO GAME USE (FRENCH DECREE № 96-360, DATED 23 APRIL 1996, REGARDING VIDEO GAME WARNINGS). THIS MUST BE READ BEFORE YOU OR YOUR CHILD USE THE VIDEO GAME.
I. Precautions to always take when playing a video game
-Avoid playing if you are tired or haven’t slept well enough.
-Be sure to play in a well-lit room and adjust the brightness of your screen.
-If you are playing a video game that may be connected to a television screen, play at a proper distance from this screen, as far away as the cord will allow you to play.
-Take 10- to 15-minute breaks every hour.
II.Epilepsy warning
-Some people are likely to have epileptic seizures that could include loss of consciousness when exposed to strong visual stimuli‒rapidly moving images or repetitive simple geometric shapes, lightning, or explosions. These people may have seizures when they play video games containing such stimuli even if they don’t have a medical history of seizures or have never had an epileptic seizure.
-If you or a member of your family have already had symptoms related to epilepsy (a seizure or lack of consciousness) in the presence of visual stimuli, see your doctor before using the game.
-Parents should be particularly attentive to their children when they play video games. You or your child should immediately stop playing the game and see a doctor if there are any of the following symptoms: dizziness, vision problems, eye or muscle contraction, orientation problems, involuntary movements or convulsions or momentary loss of consciousness.
4.SCOPE
4.1. Scope
This Agreement shall govern the rights and obligations of the Company and of the User in the purchase and use of the Game.
The provisions of this Agreement apply to any Order placed through the site or a Platform.
4.2. Game Control: User’s Path
The Game is available for purchase on the Platforms and the Website.
In order to use the Game, the User shall follow the following Order process:
a) Order on the Steam Platform:
The User who visited the Steam Platform shall follow the following path:
-The User must create a Steam user account on Steam in accordance with the registration procedure of the Steam Platform, and the User must agree to the Steam Subscriber Agreement;
-After registering with his/her Steam account, the User who has arrived from the Platform’s website and has clicked on the presentation page of the Game, shall agree to the terms of this Agreement before confirming his/her Order;
-The User shall then pay directly on the Steam Platform according to the indications of payment given by said platfOrm;
-The User may then download and install the Game;
-The User may then launch the Game.
b) Order on the Humble Bundle Platform:
The User who visited the Humble Bundle Platform shall follow the following path:
-The User buys a Steam Key in accordance with the procedure described in said Platform;
-The User shall accept the terms of this Agreement before confOrming his/her Order;
-The User shall then pay directly on the Humble Bundle Platform according to the indications or payment given by said platform;
-His/her Steam Key is sent to him/her using the email address collected at the time of the Order on said platform;
-The User then goes to the website of the Steam Platform, and after identifying himself/herself via his/her Steam account, he/she can unlock the Game.
c) Order directly on the Website:
The User who visited this Website shall follow the following path:
-The User shall purchase a Steam Key on the Website;
-To purchase a Steam Key, the User shall download the Humble Bundle Widget;
-After following the procedure of the conclusion of this Agreement as specified in Article 6.4 below, the User is then redirect towards the Humble Bundle Platform on which it is required from him/her to give his/her payment information, as well as the email address on which the information regarding the Steam Key shall be sent;
-Once the Steam Key has been purchased and retrieved by the User, he/she must then go to the Steam Platform where, after identifying himself/herself using his/her Steam
credentials, he/she shall enter the code of the Steam Key, which allows him/her to unlock the game and play it.
d) Order on the GOG Platform:
-The User shall require from the Company and purchase a Steam Key through the GOG Platform;
-The User shall accept the terms of this Agreement before confirming his/her Order;
-The User must then pay directly on the GOG PlatfOrm according to the payment instructions given by said platform;
-The Steam Key is then sent to the User email address as given at the time of the Order on the GOG Platform;
-The User shall then go on the Steam Platform and after identifying himself/herself via his Steam user account, he/she can unlock access to the Game using the Steam Key.
e) Order on any other Platforms
In the event of Orders from any other online platforms, the User shall have to follow the procedure indicated by such Platform. In any event, the User shall be directed to a web page dedicated to the Company in order to be able to subscribe to this Agreement and confirm its Order according to the procedure described in Article 6.4. below.
4.3. Changes to the provisions of this Agreement:
The Company shall reserve the right to modify the provisions of this Agreement as necessary, according to the evolution of the Game, its upgrades, the services offered within the Game or any new laws or regulations.
The Game is made available to the User under a License Agreement, as the terms are specified in Article 13.2 below. Consequently, the Game is not sold to the User to whom the Company only grants a right of use for the duration specified in article 13.2. c).
This Agreement does not apply to Game extensions that the User may purchase in signing of a new agreement.
4.4. Proof agreement
The User acknowledges that the recordings and backups materialiiing the electronic exchange between the Parties and kept by the Company in a structured and organized manner into standardized messages (including any connection Data) shall have a probative value between the User and the Company.
In particular, the User acknowledges the validity and probative force of emails.
5.INSTRUCTIONS FOR USE
The Game is a multiplayer video game that allows the User to play online by connecting to one of the Platforms or on the Website. Further instructions for use are described in the Game.
6.GAME DELIVERY: FORMATION OF THE ELECTRONIC CONTRACT
6.1. Creating a User Account
In order to purchase a Steam Key and, consequently, be authorized to use the Game, the User must enter accurate personal data into the collection form, in accordance with the procedure described on the Platform or on the Website. These data include the following:
Surname, first name, date of birth, email address,
If the User’s registration is validated, an account is automatically generated by the Company who shall send to the User an email confirming the creation of his/her Account, which contains a reminder of his/her User login (the email address that he/she has indicated and password that he/she has chosen).
The software of the Game receives the information in order to log the User who then can connect himself/herself to play the Game.
The Company reserves the right to refuse any application for registration by a person who does not comply with the Game’s access conditions, for instance, by persons under 16 years old who are not authorized to purchase the Game.
6.2. User Account’s delivery
The User may access his/her User Account by authenticating himself on the Website using his/her User login.
The User must verify the validity of the information that he/she has indicated for authentication on the Website. If the information is incorrect, the User shall not be able to access his/her Account, and the Company shall not be responsible for that.
6.3. Liability of User login’s holding
The User shall modify the password he/she has chosen as soon as he/she first logs in, and then be sure that his/her password is composed of letters and numbers of the required length.
Each User must also maintain the confidentiality of his/her login credentials. The User expressly understands and agrees that the login credentials of each User are for his/her
personal use and strictly personal and confidential.
The User is responsible for his/her login and password. The User is prohibited from assigning, lending or transferring his/her login credentials to any Third Party or allowing any Third Party to connect to his/her Account. If the User is aware of a theft of his/her login and password, he/she must inform the Company immediately by writing an email to the email address specified in article 19 below.
To use the Game, the User needs a computer and a broadband Internet connection.
The game has a multiplayer mode. To play the multiplayer mode, the User must be connected to the Internet and logged into his/her User Account in order to play the Game. It is not possible for the User to play offline.
The Company shall not support the costs of Internet connection, which are the responsibility of the User.
6.4. Purchase procedure – Game downloading
The process of Order shall respect the following steps:
(i)The User indicates in its shopping cart the number of the Steam Keys that he wishes to purchase;
(ii)The total price of the Order appears;
(iii)The User must accept the terms of this Agreement via a checkbox;
(iv)A web page appears and summarizes the Order by the User. In case of errors of the User when placing the Order, the User shall have the possibility to identify and correct input errors;
(v)The Agreement is definitively concluded once the User has activated the “PAY” button;
(vi)The Company sends an e-mail to the User in order to acknowledge the receipt of the recipient’s Order.
7.PURCHASE IN-APP
Inside the Game, the User may purchase game currencies.
Game currencies allow the User to unlock products in-app to improve his/her game experience, such as, for example, a weapon with a unique design,
To that purpose, the User shall connect with his/her User login on the Website and shall follow the instructions indicated on the payment page dedicated to the Game currency’s purchase.
The purchase of Game currencies is subject to acceptance of the general conditions provided for this purpose.
8.RIGHT OF WITHDRAWAL
As established in Article 1.221-18 of the French Consumer Code, the User benefits from a right of withdrawal of a period of FOURTEEN calendar days from the day of the conclusion of the Contract. To exercise his/her right of withdrawal, the User may send the following form: https://www.service-public.fr/professionnels-entreprises/vosdroits/R38397 to the company by any means, or send an email to the Service Provider at the address indicated below in Article 19, in which he/she shall clearly inform the Company of his/her wish to withdraw, according to the following terms:
l notify you of my decision to exercise my right of withdrawal relating to the purchase of the Game LORDS OF MAYHEM ordered on [date of purchase] within the order number [number of Order]’
The withdrawal request letter must be sent before the expiry of the aforementioned period.
Exceptionally and in accordance with the provisions of Article L 121-25 of the French Consumer Code, if the User wishes to download and use the Game before the expiry of the withdrawal period, he/she may waive his/her right of withdrawal by ticking the box provided for this purpose at the moment of the Order.
9.RATES AND PAYMENT
a)Prices
The prices in force relating to the purchase of the Game, proposed by the Company, are available for consultation on the Site on the page ‘Prices’ and on the pages of the Platforms
that relate to the promotion of the Game.
b)Conditions of Payment
Payment is made by credit card through the platform’s authorized payment provider and shall follow the payment procedure as indicated on the provider’s website. Upon confirmation of the Order, the User shall be redirected to the payment provider’s site chosen by the Platform and shall follow the steps indicated on said Site.
10.LIABILITY
The User must use the Video Game in accordance with the rules of conduct set out below in Article 12.
The Company shall not be held liable in the following cases:
-Misuse of the User’s credentials;
-The lack of the User’s Internet connection;
-Indirect damages, which means all damages that do not result from a failure in the access or use of the Game due to the fault of the Company;
-Any case of force majeure as described in Article 16 below.
The Company reserves the right to interrupt access to the Game for a few hours for maintenance purposes. The User agrees that these momentary cuts are intended to allow him/her a better gaming experience and acknowledges that he/she will not sue the company for liability to that purpose.
11.TECHNICAL SUPPORT
The Company provides technical support in the use of the Game. For this purpose, in case of difficulty, the User may contact the Company by sending an email to the following address: support@wolcengame.com
Similarly, the User may use the Chatroom to discuss any difficulties he/she encounters or any bugs in the Game. In such event, the Company will directly answer his/her questions via the discussion opened for this purpose in the Chatroom.
12.RULES OF GOOD CONDUCT AND ILLICIT BEHAVIOR
12.1. Rules of use of the Chatroom
By purchasing and downloading the Game, the User agrees to submit to the rules of good conduct in using the Game and the Chatroom.
The User is informed that the messages he/she broadcasts via Chatroom are public. The User shall be responsible for all comments and content posted on the Chatroom.
To that purpose, the User undertakes not to use the Game for immoral or illegal purposes, and, in particular, not to disseminate illegal or immoral content on the Chatroom and/or infringe the rights of Third Parties, and more specifically:
-not to disseminate illegal, abusive, racist, degrading, corrupt, threatening or obscene content;
-not to disseminate information that is inappropriate to the discussion in which it participates and/or is not respectful of other users;
-not to harass or denigrate other users;
-not to share or publish, through the use of the Game or the use of the Chatroom, any content that is aggressive, threatening, malicious, defamatory, misleading, pornographic, pedophilic, racist, xenophobic content, inciting hatred or, in general, undermining good morals;
-not to share and/or publish any text, comments, images, sounds, videos, etc., that would incite the commission of an illegal activity (in particular, piracy, cracking or diffusion of counterfeit software);
-not to send unsolicited messages to other Users for business purposes;
-not to use the Game for advertising purposes by broadcasting advertisements;
-not to transmit login credentials in order to allow another to play the Game;
-not to collect or intercept, in any manner or by any means, data exchanged by other Users within the framework of the Game, or the names/nicknames and/or passwords of any
other User.
In case of non-compliance with the rules set out above, the Company reserves the right to take any of the following measures:
-suspend temporarily the access to the Chatroom;
-definitively close access to the Chatroom.
12.2. Rules of use of the Game
The Company uses anti-cheat data analysis systems to detect anomalies in the Game, such as any User who earns too much gold or who kills enemies too fast. As a result, the User agrees:
-not to modify, distort, block, abnormally increase, disrupt, slow down and/or hinder the normal functioning of all or part of the Game or its accessibility to other Users;
-not to create, use and/or distribute computer programs or cheat software applications;
-not to create, use, promote or offer to other users programs of cheats or software to control the Game;
-not to use memory inspection software that could modify the memory of the Game and consequently let pretend that he/she has more and misleads the other Users and the Company.
In case of non-compliance with the rules set out above, the Company may reserve the right to take any of the following measures:
-remove immediately the character with which the User has cheated;
-In the event of repeating cheating acts, definitive suspension of access to the Game and termination of this Agreement as of right according to the conditions set forth in article 14 below.
These measures are exclusive of the possibility for the Company to sue the User for counterfeiting and for act of unfair competition.
If a User finds that any content or behaviour is immoral or unlawful, as listed above, he/she may report it to the Company by sending an email, specifying his/her Game ID and the time he/she was playing the Game at the following address: www.wolcengame.com
The Company reserves the right, at its discretion, to remove this content or not.
- INTELLECTUAL PROPERTY RIGHTS-LICENCE TO USE THE GAME
13.1. Trademark protection
The corporate name and trademark WOLCEN STUDIO, as well as the name of the game “WOLCEN: LORDS OF MAYHEM”, are the exclusive property of the Company.
The User is not authorised to use or reproduce these names or deposit them as a trademark, directly or indirectly through a third party, in any country whatsoever, either identical or by similar marks or names which could cause confusion in the mind of a consumer.
13.2.End User License Agreement (EULA)
In the context of the use of the Game, and provided that this Agreement is concluded in accordance with the procedure described in Article 5.1 above, the Company grants the User the right to download, install and play the Game during the validity period of this Licence under the strict conditions defined below:
a) Property of the Game and of the graphic elements that constitute it
The Game and its technical and graphic elements are protected by intellectual property laws, the French Intellectual Property Code and international conventions and treaties on intellectual property.
The Game and the graphic elements constituting the Game, such as and without being limited to, all titles; source codes and computer object codes; characters; character names; history; dialogue; graphic objects; slogans; graphic images; design of landscape, places and buildings, sound animations, musical compositions; audiovisual effects; scenarios; documentation and notice associated with the Game are the exclusive property of the Company, which is the author and has all rights pertaining to the Game as provided by the French Intellectual Property Code.
b) The extent of rights granted
The Company confers on the User a license which is:
-Non-exclusive: the license and the rights of use of the Game may be granted by the Company to other Users;
-Personal: the User cannot confer the rights he/she holds from this license to a Third Party;
-Not transferable and non-transferable: the User is not authorised to resell this license, assign it, or use it for commercial purposes;
-Revocable: the Company is entitled to terminate this License under the conditions set forth in Article 14 above;
-Limited: the rights conferred by this License may only be used for the purposes stipulated only in connection with the use of the Game in accordance with the provisions of this Agreement and specified below:
The User expressly acknowledges that all rights in the Game remain the exclusive property of the Company. For this purpose, the Company forbids any User, without written authorisation, to do any of the following:
-assign, transmit or delegate the rights it holds under this License without the prior written consent of the Company;
-rent or exploit the Game or its components commercially;
-make any copy of all or part of the components of the Game;
-modify or add components to the Game;
-reproduce permanently or temporarily the Game or the components of the Game, in whole or in part, by any means and in any form;
-modify, alter, adapt or make any change of any kind to the presentation and content of the Game, computer programs and software solutions, brand, trade name, logos etc. affixed to the Game, its presentation, or delete the identification and ownership of the Game, including the names of contributors;
-translate, adapt, arrange or modify all or part of the Game, export it, or merge it with other games or computer applications;
-delete or alter computer programs and software solutions making up the Game as they may appear on the presentations or in the content of the Game;
-publish, without the prior written agreement of the Company, any test or analysis of performance or evaluation relating to the Game;
-hack the Game; translate, modify, or decompile the source codes of the various software used to download, install and use the Game;
-create a work derived from the Game, for example, in using cheating software.
c) Entry into force: Duration of the License
Once granted, this License is granted for an indefinite period.
It may be terminated under the conditions indicated in Article 14 below.
d) Territories
This License is granted worldwide.
- TERMINATION
The Agreement shall enter into force for an indefinite period of time on the date of conclusion of the Electronic Agreement in accordance with the procedure indicated in Article 6.4, as soon as the User confirms his/her Order.
The User may terminate this Agreement at any time. In this case, he/she must inform the Company by sending a letter to the address indicated in Article 19 below. No refunds shall be made to the User to the extent that the end-user licence cost is a global lump sum price.
In the event of a breach by a Party of its obligations under this Agreement, the other Party shall issue a formal notice to remedy the breach. In the event of failure to reply or to remedy the breach within 30 calendar days after the date of receipt of the letter of formal notice, the Company may terminate the Agreement by operation of law without notice or judicial formalities or otherwise and without prejudice to any other rights or actions, particularly with a view to seeking any damages and interest to which it may be entitled.
In the event of a breach of User’s obligations under Article 12 above, the Company shall have the right to terminate immediately as of right this Agreement without any notice nor legal formalities.
In the event of termination of this Agreement, the rights of access and use of the Game will be revoked.
In addition, the User agrees to destroy the copies and components of the Game he/she holds.
15.PERSONAL
The Company undertakes to respect the personal data of the Users of the Game. To this end, any collection of personal information through the Site or through the Platforms respects the conditions of the personal data management policy available at the Website at the following address:
- FORCE MAJEURE
In accordance with the provisions of Article 1218 of the French Civil Code, any event beyond the control of either party which could not be reasonably foreseen at the conclusion of the Contract, and that the effects of which may not be avoided by appropriate measures, constitutes a case of force majeure, which suspends the execution of the Contract.
In addition, the Parties conventionally acknowledge and agree, without this list being restrictive, that damages having their origins or their causes in a strike, a cut of supply of energy, a failure of the network IP on which they depend, a war, riots or popular movements, attacks or weather phenomena, shall be a case of force majeure.
In the event of a case of force majeure that prevents one of the Parties from fulfilling its obligations, either the Party may remedy the breach, or the Party is no longer able to fulfil its obligations. In such an event, the Agreement shall be automatically terminated.
17.ARCHlVlNG-ACCESS TO CONTRACT
Orders placed by the User are archived on the Company’s internal server. The User may request at any time to have access to a copy of the order and the corresponding Agreement by writing to the email address indicated below in Article 19.
18.ASSlGNMENT OF THE CONTRACT
The Company is authorised to assign the Agreement to any legal entity, provided that such an assignment does not restrict the rights of the User at the end of this Agreement.
19.NOTlFlCATlONS
All notices and notices provided for in this Agreement must be sent to the address of the registered office of the Company as given at the beginning of this Agreement, and to the address provided by the User at the time of the Order.
The Company may also be contacted by email at the following address: support@wolcengame.com
20.APPLlCABLE LAW-DISPUTE RESOLUTION-SEVERABILITY
The Agreement is drafted in accordance with French law.
However, in the event of a dispute and with regard to the provisions of Article 6 (2) of Regulation No. 593/2008 of 17 June 2008 on the law applicable to contractual obligations (known as the Rome I Regulation), this choice of law may not result in depriving the User of the protection afforded by the provisions to which it may not be derogated from by virtue of the law that would have been applicable in the absence of choice of law.
In the event of any dispute arising out of the performance of this Agreement, the Parties will make their best efforts before settling the dispute amicably. In the event of a complaint, the User may send his request to the Company to the address indicated in Article 19 above.
Failing to find an amicable solution, all disputes concerning both their validity, their interpretation, their execution, their termination, their consequences and their consequences and which could not be resolved amicably between the Company and the User will be submitted to the competent courts.
In the event that certain provisions or articles herein are declared void by a competent jurisdiction, the other provisions of the Agreement shall remain in effect.
The User is informed that he/she can in any case resort to conventional mediation (article L616-1 of the French Consumer Code). The User may also use any other alternative method
of dispute resolution.
To that purpose, he/she may in particular contact:
105, Quai des Etats.Unis-06300 NICE
Tél. +33. (0) 635.390.918
http://alpesmaritimes-mediation.fr