END USER LICENCE AGREEMENT
LOST IN HARMONY is a platform game where you play as a character named KAITO and where action, plot and music are closely associated to give you a real fun and musical experience through successive levels in which the graphic artwork is part of fun playability. LOST IN HARMONY is published by the simplified joint stock company DIGIXART ENTERTAINMENT registered with the RCS Montpellier under number 810 166 496 and domiciled ROND POINT BENJAMIN FRANKLIN CAP OMEGA - CS 39521 34960 MONTPELLIER CEDEX 2. To play LOST IN HARMONY, you must download the GAME. All capitalized terms appearing in this contract that you will read refer to the definitions at the head of the document. They allow you to fully understand the meaning of our mutual obligations. To use the GAME you need to read the entire agreement : it is a contractual commitment between you and our company. By downloading LOST IN HARMONY you pass a contract with DIGIXART ENTERTAINMENT. This contract gives you the right to use the GAME within the limits of what is provided in the following lines. This contract is called END USER LICENSE AGREEMENT (abbreviated wording: "EULA"). The end user, it is you!
You agree that you are at least 13 years old and that if you are between 13 years and 18 years old, your legal guardian has reviewed and agrees to these terms.
EULA: End User License Agreement
END USER LICENSE AGREEMENT: all the rights and obligations of the PLAYER through the use of GAME
PUBLISHER : simplified joint stock company DIGIXART ENTERTAINMENT registered with the RCS Montpellier under number 810 166 496 and domiciled ROND POINT BENJAMIN FRANKLIN CAP OMEGA - CS 39521 34960 MONTPELLIER CEDEX 2
PLAYER: physical person who downloads the GAME via a platform like APPLE STORE or GOOGLE PLAY STORE and who accepts the EULA
THE GAME : defines LOST IN HARMONY, a GAME which can be downloaded and installed on a compatible mobile terminal
LOST IN HARMONY : GAME to which the EULA is applying
PROFILE : all information provided by the PLAYER during registration
WALKTHROUGHS : information publicly disclosed by the PLAYER and allowing to know in advance the script of the GAME and to unlock or bypass the difficulties.
TO PLAY, YOU HAVE TO…
To play LOST IN HARMONY you must read in full and accept this END USER LICENSE AGREEMENT. By clicking on the "Play" button, or "Import" button, you agree to conclude the contract. This agreement is legally equivalent to the signing of a paper-based contract. The legal value is the same. So do not click the "Play" button, or "Import" button if you refuse what you will read. If you accept, the contract between you and DIGIXART ENTERTAINMENT is concluded in accordance with the French Civil Code including Chapter VII, “Electronic contracts”
You have access to in-app purchases in the GAME. If you are a minor, you represent that you have obtained the legal consent of your parent or legal guardian to access the proposed payment. When you want to make a purchase, you are prompted to answer a question for us to verify that you are authorized to perform the proposed purchase. Any legal representative of an incompetent minor, the legal sense, finding that a purchase was made through the use of the game without prior consent may contact the PUBLISHER by writing via this email address: firstname.lastname@example.org
WHAT INFORMATION DO WE NEED?
To play the GAME, you must complete the PROFILE information requested via IOS or ANDROID games platforms. You must give this information in good faith, which means they must be true, accurate and not misleading to the status of PLAYER. The law provides for this requirement in Article 1134 of the French Civil Code. You can always change this information.
AND ABOUT SAFETY?
You assume responsibility for the protection of equipment allowing you to access the GAME, ensuring the preservation of your data against any malicious attack (including but not limited to : antivirus software, update the OS by following the recommendations from the designer but also physical protection of equipment ...). The PUBLISHER is not responsible for damage to equipment and / or PLAYER’s data via the Internet or by other means.
MAINTENANCE - EVOLUTION OF THE GAME
Access to some features of the GAME may occasionally be suspended to allow operations and maintenance necessary for proper operation and / or corrections of malfunctions. The liability of the PUBLISHER cannot be accepted for any consequences of the unavailability of some features of the GAME due to maintenance or updating. Similarly, the GAME is meant to evolve and to have different versions, which can cause data loss for the users of the GAME. The PUBLISHER cannot be held responsible for the consequences of these developments and the consequences generated for the PLAYER.
By using the GAME, you provide information so-called "personal". Therefore the law requires us to provide certain information about the use we make of it. DIGIXART ENTERTAINMENT is responsible for processing this data. The information you provide will serve to use the GAME : they are used to know the type of music you listen and/or download, and to know the location, the date of use of the GAME musical themes and the GAME himself. The personal data provided during registration will be used for marketing purposes, postal or telephone. If some of the recipients of your data must have their headquarters outside the European Union, DIGIXART ENTERTAINMENT would comply with the legal provisions required to transfer the data, including the requirements of the FRENCH NATIONAL COMMISSION DATA PROTECTION. Under Law 78-17, known as "computer and freedoms" law of January 6th, 1978, the PLAYER has at any time a right of access, opposition, rectification and deletion of personal data. He can exercise this right in writing by mail with a proof of identity (photocopy of valid national identity card or valid passport) at the following address: SAS DIGIXART ENTERTAINMENT Rond Point Benjamin Franklin, Cap Omega - CS 39521, 34960 Montpellier Cedex 2.
TO ACCESS THE GAME YOU NEED AN INTERNET CONNECTION...
To download LOST IN HARMONY and use certain features of the GAME you need to have access to an Internet connection. The Internet may encounter malfunctions involving the inability to use the GAME. We cannot be held responsible. Similarly the use of the Internet carries the risk of being confronted with computer viruses or malicious acts. Again, you acknowledge that we are not liable for damage that could affect your equipment and/or data. We do not guarantee the continuity of the use of GAME whose features are dependent on the use of the Internet. The downloading, and some features of the GAME may cause consumption data to result billing in the package connection made between you and the mobile operator you depend on. No requests for reimbursement of this fees will be accepted by DIGIXART ENTERTAINMENT and it’s your responsibility to ask your mobile operator or internet service provider to check what these charges will be, before you accept this contract.
You can authorize the PUBLISHER to geolocate you to enhance your gaming experience. The geolocation requires your prior consent. If you want to take advantage of it, you have to activate geotagging directly in the settings of your compatible mobile device and to accept that the PUBLISHER can access it. You have at any time the possibility to deactivate or reactivate this option.
The PUBLISHER grants you a license to play the GAME. DIGIXART ENTERTAINMENT allows you to use the GAME but doesn’t sell it to you. At no time does the LICENCE holder become the owner of the GAME or any of its components. Whilst you are in compliance with these terms, DIGIXART ENTERTAINMENT grant you a personal, non-commercial, non-transferable and non-exclusive LICENCE to use the GAME. This LICENCE may not give rise to a sublicense. The holder of the LICENCE is deemed to be the holder of the authorization (login and password) that allowed access to the download platform of the GAME to proceed with its effective download on a compatible mobile terminal, which implies the prior reading and approval of the EULA. The LICENCE of the GAME is intended exclusively to allow its use with the exception of all other forms of use. The LICENCE grants you a personal, non-exclusive, non-assignable and non-transferable license to use the GAME, throughout the lifetime of the downloaded version and for the whole world. The right of use means the right to represent and implement the GAME for its intended purpose. Any other use, in particular any adaptation, modification, translation, arrangement, distribution, decompilation, without this list being exhaustive, is prohibited.
By accepting this EULA you agree not to publish on some media whatsoever WALKTHROUGHS and / or videos of the GAME on streaming media platforms or any other video format without the express agreement of DIGIXART ENTERTAINMENT. The publication of WALKTHROUGHS would affect the commercial interests of the PUBLISHER, particularly by revealing the elements to avoid difficulties of implementation strategies for a better gaming experience to users. By providing such information, you help reduce the interest of the GAME and you knowingly create damage to the PUBLISHER likely to involve your civil liability.
HOW MUCH IS THE LICENSE OF THE GAME?
You must pay the price of the GAME prior to downloading it. Whatever the download platform is, it is your responsibility to take notice and to accept or reject the terms and conditions related thereto. The use of the GAME is impossible without prior acceptance of this EULA. Integrated purchases may be suggested in connection with the use of the GAME. If you are a minor, you must receive approval from your legal representative. The PLAYER is invited to formalize a sworn statement in order to guarantee the PUBLISHER its legal capacity to make such a purchase.
EVOLUTION AND DURATION OF EULA
The GAME may evolve. DIGIXART reserves the right to change or delete contents, without the PLAYER being permitted to refuse to do so. The PLAYER therefore acknowledges having been informed that the EULA is also intended to evolve. The PLAYER will be informed of this evolution. He is invited to accept the new EULA before he can access to its PROFILE as part of the update of the GAME. If he doesn’t accept the new EULA, the PLAYER cannot access the latest version of the GAME. In case of violation of the terms of this Agreement, the EULA is automatically terminated without notice. The EULA is terminated as soon as the PUBLISHER ceases the distribution and maintenance of the GAME. You have the right to terminate the EULA at any time, simply by stopping the use of the GAME and uninstall it from your compatible mobile device.
The entire contents of the GAME including, without limitation, graphic artwork, pictures, texts, videos, animations, sounds, logos, gifs and icons and their implementation in the GAME are the exclusive property of DIGIXART ENTERTAINMENT with the exception of brands, logos or content belonging to other partners or authors' societies : any reproduction, distribution, modification, adaptation, retransmission or publication, even partial, of these elements is strictly prohibited without the expressed written consent of DIGIXART ENTERTAINMENT. This representation or reproduction, by any means whatsoever, constitutes an infringement punishable by the articles L.3335-2 and following of the French Code of intellectual property. Failure to comply with this prohibition constitutes an infringement and may result in civil and criminal penalties. In addition, it is recalled that the offenders are liable to a legal action by owners of the copied contents. The PLAYER can create and share game content on the track of his choice. The PUBLISHER does not store any track on its servers and does not allow illegal downloading of music. The creation of any content generated by the PLAYER thanks to features offered by the GAME is subject to this EULA. If you decide to share the content created thanks to the features offered by social networks, you also agree to respect the general conditions of such social networks. The PUBLISHER reserves the right to exclude the content created by the PLAYER from the GAME platform if it considers adverse to its interests or to current regulations, if they are likely to affect the rights of third party or at the request of a third party who justifies a legally protected interest. The PLAYER acknowledges being informed that the musical compositions he is likely to use for content creation may be subject to prior broadcasting licenses and / or the collection of duties by its author. It is the responsibility of the PLAYER to ensure the absence of infringement of third party rights in respect of musical compositions used by the PLAYER as part of a content creation. The PLAYER fully guarantees the PUBLISHER against all the harmful consequences that could arise from a responsibility commitment of the PUBLISHER by a third party injured as a result of one or more violations of their rights by the PLAYER in violation of EULA.
The Game allows you to exchange information with other players via social networks such as, without being exhaustive, FACEBOOK, TWITTER, INSTAGRAM etc... Through these exchanges, you agree to keep the peace and morality and be careful not to infringe the rights of third parties, particularly in comments link to the shares. The PUBLISHER is not responsible for the spread and use of information you decide to publish through social networks. It is your responsibility to review and to accept or reject the terms and use of third-party software that you would have to connect through the use of the GAME.
RELEASE OF THE GAME ON A THIRD PARTY SCREEN
If you have the necessary technical equipment, the GAME may be broadcast on a screen connected to your compatible mobile device. It is your responsibility therefore to adapt your gambling behavior in these games conditions. It is also your responsibility to check the applicable laws and regulations governing the GAME are unlikely to be broken. DIGIXART ENTERTAINMENT can’t guarantee that the GAME will run properly in this context, the connexion with the third screen could be made via a wire or via an annex diffusion means, such as "cast" technic.
GAME IN A MOBILITY SITUATION
It is your responsibility to take all necessary precautions to ensure your and others safety are not called into question because of your behavior as a PLAYER. It is therefore strongly advised not to play in a mobility situation such as, but without being exhaustive, during a hiking trip. In the interests of road safety, DIGIXART ENTERTAINMENT reminds on any driver of any vehicle that this is prohibited to use his phone even at a standstill, as soon as he is inside the road traffic. It is recalled in particular the content of the article R412-6-1 of the French traffic code : "the use of a hand-held phone by the driver of a moving vehicle is prohibited. The fact, for any driver, to contravene the provisions of this section is liable to a fine for the second class tickets. The breach of right leads to the reduction of two points on the driving license ". DIGIXART ENTERTAINMENT shall not be held liable for any events linked to possible damages caused to the PLAYER and/or to third parties due to the violation of basic rules of safety and/or traffic.
The GAME is a downloaded game on a compatible mobile device and it does not meet the legal binding criteria ("The LCD videogames with a rated voltage is less than or equal to 3 volts are not covered by the provisions of this Order"), so the PUBLISHER is not subject to the obligation to provide information about the following rules but nevertheless it wishes to inform the public in an educational perspective. The decree of 2 November 1994 ordering the display of warnings on the packaging and the instructions for video games as well as in institutions putting video games available to the public (- NOR: ECOC9400135A - Consolidated version on November 2, 2015) provides the following : Epilepsy warning: Article Annex I - To read before using a video game by yourself or your child. Some people are susceptible to epileptic seizures or loss of consciousness at the sight of certain types of flashing lights or common elements in our daily environment. These people are exposed to seizures when watching certain television pictures or playing certain video games. These phenomena can occur even though the subject has no medical or has never been faced with a seizure history. If you or a member of your family has ever had symptoms related to epilepsy (seizures or loss of consciousness) when exposed to flashing lights, please consult your doctor before use. We advise parents to be attentive to their children when they play video games. If you or your child experience any of the following symptoms: dizziness, altered vision, eye or muscle, loss of consciousness, orientation problems, involuntary movement or convulsions, please stop playing immediately and seek doctor. Precautions in all cases to the use of a video game: When using a video game connectable to a screen, play well away from the TV screen and as far as the connection cable allows. Preferably, use video games on a small screen. Avoid playing if you are tired or you need sleep. Make sure you play in a well lit room. In use, take breaks of ten to fifteen minutes every hour. Caution Concerning epilepsy risks and precautions to take when using a video game. Article Appendix II Some people may experience epileptic seizures or loss of consciousness at the sight of certain types of flashing lights or common elements in our daily environment. These people are exposed to seizures when watching certain television pictures or playing certain video games. These phenomena can occur even though the subject has no medical or has never been faced with a seizure history. If you have had symptoms related to epilepsy (seizures or loss of consciousness) when exposed to flashing lights, please consult your doctor before use. In any case, please observe the following rules when using a video game: - Avoid playing if you are tired or you need sleep; - Make sure you play in a well lit room; - During use, take breaks of ten to fifteen minutes every hour.
Pursuant to Article 1148 of the French Civil Code, any breach of any of the obligations of this Agreement caused by a force majeure, as recognized and traditionally accepted by the case law of the French Court of Cassation exempt the PUBLISHER from liability (force majeure including agreeing to an unforeseeable event, irresistible and outside the bond debtor). If such an event occurs, the PUBLISHER which can not perform its service informs the user by any means as soon as possible. The suspension of obligations or the delay shall in no case be a cause of liability for non-performance of the obligation in question, nor induce the payment of damages or penalties for delay.
LIMITATION OF LIABILITY
APPLICABLE LAW - JURISDICTION - ARBITRATION
This contract is subject to French law, to the exclusion of any other legislation, subject to compliance with the mandatory provisions of the law of the country in which resides the PLAYER. Disputes or disputes arising in connection with the use of a service made available to the PLAYER by the PUBLISHER shall, before any legal procedure [is undertaken], be the subject of an attempt to settle out of court. In the event of failure to reach an agreement within 30 days following the attempt to settle out of court, the parties recover their ability to engage in legal proceedings. No legal action for civil liability of the PUBLISHER can not be held more than one calendar year following the birth of the claim in accordance with Article 2254 of the French Civil Code. On the occurrence of litigation, born in connection with the use of a service made available to the user, the competent courts shall be those of the jurisdiction of the Court of Appeal of Montpellier in France.