GENERAL TERMS OF USE
Updated: 16 January 2021
The present General Terms of Use govern the use and the operation of our games (each the "Game" and together the "Games") which are provided to you by Davy'deo Games Studio, a French simplified joint stock company registered with the Registry of Trade and Companies of Chartres under the number 845 060 904, with its registered office located at 8 Avenue des Bruyères, 28130 CHARTAINVILLIERS (hereinafter, “Davy'deo” or “us,” “our”). The processing of personal data connected with the use of the Game is governed by the Data Protection Policy http://davydeogamesstudio.com/en/PrivacyPolicy.html.
INTRODUCTION
These General Terms of Use constitute a legal agreement and contain important information concerning your rights and obligations in connection with the use of the Game.
If you do not accept these General Terms of Use or any future modified version of them, you must not download, create an account for, use and/or access the Game and you must immediately cease using and/or accessing the Game. If any action on your part is required in order to accept any future modification of these General Terms of Use, you cannot continue to use the Game until you have carried out this action to accept the updated General Terms of Use.
These General Terms of Use are accessible at any time by means of the applications store or the platform on which you download the Game (such as the Apple Store App or the Google Play Store) as well as on our Web site http://davydeogamesstudio.com/ (hereinafter, the “Site”).
You may access the latest version of these General Terms of Use at any time on the Game application or on our Site. We can modify these General Terms of Use at any time, in accordance with Article 10, below. If you continue to use the Game after an update of the General Terms of Use, this will constitute acceptance of the new version.
It is specified that certain provisions are identified as applying only to residents of certain countries by exception to the common rules of the General Terms of Use.
If you are a US resident, the following provisions apply to you: THESE GENERAL TERMS OF USE CONTAIN A BINDING ARBITRATION CLAUSE IN ARTICLE 8 AND CLASS, COLLECTIVE, AND REPRESENTATIVE ACTION WAIVER THAT IMPACT YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN ARTICLE 8, YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND Davy’deo WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO TRIAL BY JURY OR PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE LAWSUIT OR ARBITRATION.
1.
Conditions for access to and registration for the Game
1.1
General provisions
All of the Game rules, terms for calculating
points or the acquisition of awards, orders and advice concerning the Game may
be consulted directly on the Game application and form an integral part of
these General Terms of Use. By playing the Game, you agree to comply with
these.
1.2 Access and creation of an account
The use of the Game requires that it be downloaded in advance on a compatible mobile device with the technical requirements necessary to use the Game, as well as an internet connection.
You are solely responsible for this internet
connection as well as the possible associated internet fees which may be
invoiced to you when you access or use the Game. In the case of doubt
concerning these costs, consult your mobile phone operator or your internet
access provider before accessing or using the Game.
In order to access all of the functionalities of the Game, you must create an account either through Facebook or by providing an e-mail address and a password. If you do not create an account, you may access the Game in a limited version that does not include certain functions, such as classification or saving the progress.
You may choose a pseudonym that can be changed at any time, and this pseudonym may be used to share your identity with the other players.
The creation of an account assumes that you fully and entirely accept the General Terms of Use.
Access to the Game is reserved to persons at least 15 years of age or older. Thus, by creating an account or by using the Game, you declare that you are at least 15 years of age or, if not, that your legal guardian has authorised you to access the Game and to agree to these General Terms of Use.
If you are a US resident, the following provisions apply to you:
YOU MUST BE AT LEAST 15 YEARS OF AGE TO ACCESS AND USE THE GAME. Pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.
By accessing, using and/or submitting Personal Information to or through the Game you represent that you are at least 15 years of age or older and have parental or guardian consent or otherwise have the legal capacity to enter into these General Terms of Use. We do not knowingly collect or solicit Personal Information from children under age 15. For the avoidance of doubt, if you are under 15 years of age, you should not register or provide Personal Information in the Game. If we later obtain actual knowledge that a user is under 15 years of age, we will take steps to remove that user’s Personal Information from our systems. If you are the parent or guardian of a child under 15 whom you believe has disclosed Personal Information to us, please contact us at support@davydeogamesstudio.com, so that we may delete and remove such child’s information from our systems.
UNDER 18: If you are between the ages of 15 and 17, you may access and use the Game, provide Personal Information to Davy’deo, or provide Personal Information through the Game, only with the supervision and consent of a parent or guardian. IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE YOUR CONSENT TO YOUR TEENAGER’S REGISTRATION WITH AND ACCESS TO THE GAME, YOU AGREE TO BE BOUND BY THESE TERMS IN RESPECT OF SUCH TEENAGER’S ACCESS OF USE OF THE GAME.
No individual under 15 may access the Game, provide any Personal Data to Davy’deo, or provide Personal Data through the Game. Creating an account with false information is a violation of these General Terms of Use, including accounts registered on behalf of others or persons under the age of 15 or between 15-18 without the consent of a parent or guardian. In the event of a breach of these age restrictions, Davy’deo reserves the right to terminate these General Terms of Use without advance notice, under the conditions set out in Article 7 below.
1.3 Security of information and passwords
Your password for your Game account is strictly personal and confidential. The password that you choose must be sufficiently secure.
You are solely responsible for maintaining the confidentiality of your identifiers and the password which permit access to your Game account and you must take all measures necessary to ensure that this information remains confidential and secure.
In the event of the loss or the theft of these identifiers, you may request that they be renewed by following the procedure indicated in the application.
Your account is strictly personal and you are
not authorised to transfer it to any other person.
Thus, we assume that any connection made to your
account by means of your connection identifiers is made by you or by a person
who has your permission. Consequently, if you fail in your obligation to
maintain the confidentiality of your connection identifiers, if you communicate
them to third parties or share your account with a third party (whether
willingly or not), you will be solely responsible for any consequences of this
(including fraudulent purchases) and, if appropriate, you will be responsible
for compensating any harm that we and others may suffer.
2. Intellectual Property
2.1 The rights held by Davy'deo
All of the intellectual property rights, including but without limitation, the rights connected with the textual, graphic, sound or video-graphic elements, and the software, data bases, logos, data, trademarks, animation or anything of any other nature that are used to provide or with the Game belong exclusively to Davy’deo.
Thus, the use, installation or download of the Game does not confer on you any right to any content, element, pseudonym or player account that you create by means of the Game.
2.2 License for the use of the Game
Subject to compliance with these General Terms of Use, Davy’deo grants to you a free and non-exclusive, non-assignable, non-sublicensable and non-transferable license for the entire world and for the duration of these General Terms of Use for your personal and non-commercial use of the Game on compatible mobile devices (Apple iOS or Android) which you own or which are in your possession. Any other use is strictly prohibited.
This Article alone contains the terms of the license which is granted to you for the Game and any other use is strictly prohibited.
In particular, you are prohibited to:
· use any software or code designed to modify or hamper the normal operation of the Game;
· act in any manner which may adversely or negatively affect the experience of other users of the Game;
· attempt, initiate or contribute to any type of attack against the Game or its hosting servers, particularly by means of the use of a virus, denial of service attacks and, more generally, any attempt to disturb the Game or its use;
· copy or attempt to copy, display, represent, publish, modify, transfer or create or attempt to create works derived from the Game or use any of its components in any manner other than as authorised on the basis of the General Terms of Use;
· collect or usurp private information of any person, including nominative information, by means of the Game;
· attempt to decompile, back-engineer, disassemble or pirate the Game, or to circumvent or neutralise the encryption technologies or security measures applied to the data that we transmit, process or store.
In the event of a breach of the conditions of this license, Davy’deo reserves the right to terminate these General Terms of Use without advance notice, under the conditions set out in Article 7 below.
2.3 Rights held by you
In connection with the use of the Game, you may put online, communicate or transmit content of any nature whatsoever in the Game (e.g., data, photos, images, identifications and other contents, hereinafter, the “Content”). This Content may be accessible to the other players and is subject to your sole responsibility, as well as the interactions that you may have with other players.
Consequently, when you submit Content in the Game:
· you certify that you have all of the rights to this Content and that you are authorised to act in this manner;
· you grant to Davy'deo an operating license that is free of charge, and which covers the use, modification and reproduction, in any existing or future media, of the Content as well as the derived works that we may create using the Content for the purpose of operating the Game and perpetually;
· you understand that we are not subject to any obligation to monitor the Content, but you grant to us the right to apply your rights to such Content if we wish, particularly in court (at our expense) on your behalf;
· If you are a US resident, the following provisions apply to you: you will indemnify Davy’deo and/or its parent, subsidiaries and affiliates for all claims resulting from or relating to any Content, you supply, provide or transmit to Davy’deo or to or through the Game You acknowledge and agree that we have no obligation to provide you with any credit when using your Content, but if we chooses to provide you with credit, the size and placement of such credit is at our sole discretion.
In this regard, you must not communicate, transmit or provide Content or choose a pseudonym that:
· may have an illegal, illicit or defamatory character or which is immoral;
· infringes on the privacy of another person;
· may incite violence or hatred;
· infringes on the intellectual property rights, the image rights or any other rights belonging to third parties (for example: confidential information);
· constitutes advertising, promotional content, undesirable messages or any other form of solicitation having an undesirable or fraudulent character; or
· contains viruses or other forms of code, files or computer programmes designed to interrupt, destroy or limit the functions of software or information or telecommunications equipment.
You are prohibited to copy, distribute, provide to the public or create works derived from Content belonging to other users of the Game.
If you are a US resident, the following provision applies to you: We reserve the right to monitor, remove or modify the Content for any reason and at any time, including Content we believe violates these General Terms of Use, the player responsibilities in Article 4.2, and/or our policies.
If you believe that your intellectual property rights with regard to the Content have been infringed by third parties on the Game, you may notify us in accordance with Article 6 of the LCEN (law for confidence in the digital economy) by e-mail at the address support@davydeogamesstudio.com and providing us with the following information:
· the date of notification;
· your full name, profession, domicile, nationality, date and place of birth;
· your residential address;
· a description of the disputed events;
· the precise location of the disputed events;
· the reasons why the content must be withdrawn, including a citation of the legal provisions and proof of the events;
· a copy of the correspondence sent to the author or the publisher of the disputed information or activities requesting that they be ceased, withdrawn or modified, or proof that this author or publisher cannot be contacted.
If you are a US resident, the following provisions
apply to you:
Claims of Copyright Infringement.
The Digital Millennium Copyright
Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe
that material appearing on the Internet infringes their rights under U.S.
copyright law. It is our policy to respond to notices and counter-notices that
properly conform with the DMCA’s requirements. Accordingly, notices and
counter-notices must meet the then-current statutory requirements imposed by
the DMCA; see the Copyright Office’s web page at www.copyright.gov for details of the current DMCA requirements.
A.
Notification of Copyright Infringement
If you believe in good faith
that materials hosted by Davy’deo infringe your
copyright (for example, photographs posted in the Game), you (or your agent)
may send us a written notification pursuant to the DMCA, by providing our DMCA
Agent with the information listed below (and as further set forth in 17 U.S.C.
§ 512(c)(3)) and requesting that the material be removed or access to it
blocked:
1. Identification in sufficient detail
of the copyrighted work that you claim has been infringed. If multiple copyrighted
works in the Game are covered by a single notification, you may provide a
representative list of such works in the Game, however, the representative list
must still contain sufficient detail of the copyrighted works so that we can
identify them;
2. Identification of the URL or other
specific location on or in the Game that contains the material and
identification of the material that you claim to be infringing your copyright.
You must provide us with reasonably sufficient information to enable us to locate
the alleged infringing material(s), so that we can comply with your request to
remove or deny access to it/them;
3. Your name, and the address, telephone
number and email address (if available) where you can be contacted;
4. The electronic or physical signature
of the owner of the copyright or a person authorized to act on the owner’s
behalf;
5. A statement that you have a good
faith belief that use of the material in the manner complained of is not
authorized by the copyright owner, its agent, or the law; and
6. A statement that you swear under
penalty of perjury that the information contained in your notification is
accurate and that you are the copyright owner or that you are authorized to act
on behalf of the owner of an exclusive right that is allegedly infringed.
You acknowledge that if you fail
to comply with all of the requirements of this Section A, your DMCA notice will
not be valid.
You must submit any notification
of an alleged copyright infringement to Davy’deo’s
DMCA Agent by mail, or email as set forth below:
Support department / DMCA
Agent
Davy'deo Games Studio
8 Avenue des Bruyères
28130 CHARTAINVILLIERS
support@davydeogamesstudio.com
This contact information is for
DMCA notifications and counter notifications ONLY. ALL OTHER INQUIRIES DIRECTED
TO THE DMCA AGENT WILL NOT BE ANSWERED.
Please note that you may be
liable for damages, including court costs and attorneys’ fees, if you
materially misrepresent that materials in the Game are infringing a copyright.
B.
Counter Notification
If you believe in good faith
that your own copyrighted material has been removed from the Game as a result
of mistake or misidentification, you may submit a written counter notification
letter to Davy’deo’s DMCA Agent pursuant to Sections
512(g)(2) and (3) of the DMCA. To be an effective counter notification under
the DMCA, your written correspondence must include substantially the following:
1. Identification of the material that
has been removed or disabled and the location at which the material appeared before
it was removed or disabled;
2. A statement that you consent to the
jurisdiction of the Federal District Court in which your address is located, or
in New-York if your address is outside the United States;
3. A statement that you will accept
service of process from the party that filed the notification of alleged
copyright infringement or the party’s agent;
4. Your name, address and telephone
number;
5. A statement that you swear under
penalty of perjury that you have a good faith belief that the material in
question was removed or disabled as a result of mistake or misidentification of
the material to be removed or disabled, or that the material identified by the
complaining party has been removed or disabled at the URL or Service location
and will no longer be shown or accessible; and
6. Your physical or electronic
signature.
You acknowledge that if you fail
to comply with all of the requirements of this Section B, your DMCA counter
notification will not be valid.
You may submit your counter
notification to Davy’deo’s DMCA Agent by mail, or
email as set forth below:
Service Support/DMCA
Agent
Davy'deo Games Studio
8 Avenue des Bruyères
28130 CHARTAINVILLIERS
France
support@davydeogamesstudio.com
This contact information is for
DMCA notifications and counter notifications ONLY. ALL OTHER INQUIRIES DIRECTED
TO THE DMCA AGENT WILL NOT BE ANSWERED.
If a counter notice is received
by Davy’deo’s DMCA Agent, we may send a copy of the
counter notification to the original complaining party informing that person
that Davy’deo may replace the removed Content or
cease disabling it. Unless the copyright owner files an action seeking a court
order against Davy’deo or the user, the removed Content
may be replaced or access to it restored by Davy’deo.
Please note that if you materially
misrepresent that the disabled or removed content was removed by mistake or
misidentification, you may be liable for damages, including costs and
attorney’s fees.
C.
Repeat Offenders
If you believe that a user is a
repeat infringer, please follow the requirements above, but also include
information or evidence that will reasonably prove to Davy’deo
that the user is a repeat infringer. Davy’deo takes copyright infringement very seriously.
Pursuant to the repeat infringer provision of the DMCA, Section 512(i), Davy’deo shall maintain a
list of DMCA notices from copyright holders or on their behalf, and will make a
good faith effort to identify and prohibit future posts by repeat offenders.
IF YOU PROVIDE FALSE INFORMATION
TO Davy’Deo REGARDING ANY OF THE ABOVE NOTIFICATIONS,
COUNTER-NOTIFICATIONS OR REPEAT INFRINGER NOTIFICATIONS, YOU MAY BE SUBJECT TO
LEGAL AND EQUITABLE REMEDIES.
Other Violations
For complaints or claims of
violations other than copyright infringement, please report them by sending an
email to support@davydeogamesstudio.com.
User Ideas
Davy’deo does not accept or consider unsolicited ideas, including
ideas for new promotions, products, applications, technologies, processes or
other ideas or inventions (collectively, “User
Ideas”). You must not transmit any User Ideas to or
through the Game or to Davy ;deo that you
consider to be confidential or proprietary. You agree that any and all User
Ideas are non-confidential and non-proprietary and need not be treated as
confidential and/or proprietary. You are
responsible and liable for any User Ideas.
You agree that by submitting User Ideas to Davy’deo,
including any concepts, know-how or ideas, you hereby transfer all rights in
such User Ideas to Davy’deo (and its successors),
without payment or accounting to you or others. Davy’deo
is not obligated to review, evaluate, publish, or use any User Idea.
3.
“In App” purchases
3.1 General provisions
The Game contains functions that allow purchases to be made of gold coins or items (life, destiny, etc.) (hereinafter, the “Virtual Items”) in the application by means of the store in the Game or by means of the Apple and Google stores (hereinafter, the “Stores”).
Davy'deo reserves the right to modify the price of the Virtual Items at any time.
Any purchase of Virtual Items made in the
Game is definitive and may not in any case be transferred to another player, be
reimbursed or exchanged for actual money, goods or services with anyone
whatsoever. Similarly, no reimbursement may be granted once the transaction is
complete and no purchase of Virtual Items may be cancelled.
The Virtual Items purchased in the Game
have no monetary value and are not in any event transferable. Thus, you shall
not transfer or attempt to transfer any Virtual Items whatsoever to any other
person.
You are not the owner of the Virtual Items,
but only the holder of a limited, personal and revocable right to use these Virtual
Items.
It is recalled that in accordance with the provisions of the Consumer Code, you do not have any right of cancellation concerning the Virtual Items since this is digital content that is not provided in a physical form and that you consent to this content by concluding the purchase and beginning to use them in the Game.
The data associated with the Virtual Items
are only stored in an encrypted manner locally on your mobile device and are
not synchronised between various devices, including if your mobile device is
connected with your Game Centre.
Consequently, the risk of the loss of the
data associated with the Virtual Items is transferred, as the case may be: (i)
at the time of validating the purchase of the Virtual Items or (ii) at the time
when the Virtual Items are offered to you in the event that you win an award.
We make our best efforts so that the
Virtual Item will be available in the Game as soon as possible after the Store
validates the corresponding transaction. On the other hand, if your transaction
is not validated by our payment partners, your purchase will not be accounted
for and your Virtual Items will not appear nor be usable in the Game.
If you reside in the European Union, you may access your invoice with VAT via the Stores if the law requires this. You agree that these invoices may be provided in electronic form.
If you are a US resident, the following provision applies to you: Sales taxes, if applicable, are calculated using local and national rates depending on where you are located or the information you provide with respect to your billing address. You may obtain a copy of your invoice by your Store.
3.2 Price and payment for the Virtual Items
The Virtual Items are sold at the price
displayed in the Game or in the Apple and Google Stores at the time of
purchase. The displayed price does not include all taxes.
Nonetheless, depending on your bank,
additional costs may apply. We have no control over these costs and
consequently reject any associated responsibility. If you have the slightest
doubt concerning these additional costs, you must first consult your bank.
The payment for the Virtual Items is made
solely by the intermediary of the Google or Apple Stores. Consequently, you
must possess a Google or Apple account if you wish to purchase an Virtual Item. Our partners, Google and Apple, apply their
own conditions of use which we recommend that you consult prior to making any
payment.
If
you are a US resident, the following provisions apply to you:
Your purchase may be subject to foreign exchange fees or differences in
prices based on location (e.g. exchange rates). YOU REPRESENT AND WARRANT THAT
YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS USED
BY YOU OR THROUGH YOUR PSEUDONYM OR ACCOUNT TO PURCHASE ANY SUCH ARTICLES.
3.3
Virtual Items available
3.3.1
Purchase of gold coins
As part of the Game, you may purchase gold coins to purchase items by paying according to the currency used in the used Store.
The purchase conditions (quantity, lots, etc.) of the gold coins may be consulted directly on the Game application or in the Stores.
The gold coins have no monetary value.
3.3.2
Purchase of Virtual Items
Depending on the situation, the items may be purchased only using gold coins or only using the currency used in the Store, at the choice of the User and according to the conditions indicated directly in the Game application.
4. Responsibility
4.1 Responsibility of Davy'deo
Davy'deo undertakes to provide the Game as is and according to the terms provided for in the General Terms of Use and does not provide any guarantee concerning the quality of the Game, its availability, its functionalities or that the Game will function without interruption and without errors. Thus, Davy'deo declines any responsibility in the case of a malfunction of the Game, an impossibility to access it, poor conditions of use, slow-downs, a temporary or definitive interruption of the Game or a destruction of the data, Articles or Contents, for any reason whatsoever.
It is specified that the platforms for the distribution of the Game are not in any way responsible for providing maintenance or support services with regard to the Game and have no obligation in this regard.
Davy'deo reserves the right to temporarily interrupt the access to the Game in order to carry out maintenance operations or to improve the Game and shall not be responsible for any inconveniences caused in this connection. Upon the completion of these operations, the installation of updates, corrections, improvements and modifications of the Game may be necessary so that you can continue to use the Game.
Davy'deo may not be held responsible for any damages resulting from a fault, failure to execute or improper execution which is attributable to you, in the case of force majeure, a fault in compatibility or connectivity of your mobile device or malfunctions that may be the fault of your internet access provider and/or mobile telephone operator.
Davy'deo may also not be held responsible for indirect damages that you may suffer, particularly without limitation to the loss of data.
We decline any responsibility resulting from
losses that you may suffer in the event of unauthorised access to your account
and/or the use of the Game by an unauthorised third party which is not
attributable to us.
We do not control any of the Content published in the Game and thus cannot guarantee the integrity or the quality of such Content. We may not in any event be held responsible in any manner whatsoever for the Content, including, without limitation, any error or omission present in the Content or any loss or damage of any character whatsoever connected with the use of the Content published via the Game.
However, if we consider that Content disseminated on the Game is in violation of these General Terms of Use, we reserve the right to delete it at our sole discretion. You acknowledge, however, that we do not carry out any systematic monitoring of the Content and that we are not in any way required to undertake such monitoring activities.
If you are a US resident, the following provisions apply to you:
No Warranties
THE GAME, INCLUDING WITHOUT LIMITATION ANY MATERIALS, CONTENT, PRODUCTS OR SERVICES OBTAINED ON OR AVAILABLE THROUGH THE GAME, ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Davy’deo AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.
Davy’deo AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE GAME, INCLUDING WITHOUT LIMITATION ANY MATERIALS, CONTENT, PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH THE GAME, WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE GAME (OR ANY PART THEREOF), THE SERVER(S) ON WHICH THE GAME IS HOSTED, OR ANY MATERIALS, CONTENT, PRODUCTS OR SERVICES AVAILABLE ON THE GAME IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NO OPINION, ADVICE OR STATEMENT OF Davy’deo OR ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE ON THE GAME OR OTHERWISE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE GENERAL TERMS OF USE. YOUR USE OF THE GAME, INCLUDING WITHOUT LIMITATION ANY MATERIALS, CONTENT, PRODUCTS AND SERVICES PROVIDED ON OR THROUGH THE GAME, IS ENTIRELY AT YOUR OWN RISK.
BECAYSE SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.
Limitations of Liability
NEITHER Davy’deo NOR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR ITS OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE OR WILL BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR ARTICLE, LOST REVENUES OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE GAME, ANY LINKED SITES OR ANY CODE, MATERIALS, CONTENT, PRODUCT OR SERVICE LICENSED, ACCESSIBLE OR USABLE THROUGH THE GAME. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE GAME, INCLUDING ANY MATERIALS, CONTENT, PRODUCTS OR SERVICES AVAILABLE IN THE GAME, OR ANY LINKED SITES IS TO STOP USING THE GAME, THE MATERIALS, CONTENT, PRODUCTS, OR LINKED SITES, AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY OF Davy’deo FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE (i) THE TOTAL AMOUNT PAID BY YOU TO Davy’deo IN THE PRECEDING TWELVE (12) MONTHS, IF ANY, TO ACCESS OR USE THE GAME or (ii) $100. YOU AGREE THAT THE DAMAGE EXCLUSIONS IN THESE GENERAL TERMS OF USE SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY ADDITIONAL LEGAL RIGHTS WHICH YOU MAY HAVE AS A CONSUMER REMAIN UNAFFECTED BY THESE TERMS.
NO COMMUNICATION OF ANY KIND BETWEEN YOU AND Davy’deo OR A REPRESENTATIVE OF Davy’deo CONSTITUTES A WAIVER OF ANY LIMITATIONS OF LIABILITY HEREUNDER. MULTIPLE CLAIMS WILL NOT INCREASE THE MONETARY DAMAGES LIMIT STATED HEREIN.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT WE OFFER THE GAME AND SET THE ARTICLE PRICES IN RELIANCE UPON THE ABOVE WARRANTY DISCLAIMERS, RELEASES, AND LIMITATIONS OF LIABILITY SET FORTH IN THE GENERAL TERMS OF USE, THAT THESE WARRANTY DISCLAIMERS, RELEASES, AND LIMITATIONS OF LIABILITY REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK AND FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND Davy’deo. WE WOULD NOT BE ABLE TO PROVIDE THE GAME TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE WARRANTY DISCLAIMERS, RELEASES, AND LIMITATIONS OF LIABILITY.
Releases
If you are a resident of a jurisdiction
that requires a specific statement regarding release then the following
applies. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS
AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH
STATES, "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR
DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING
THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR
HER SETTLEMENT WITH THE DEBTOR."
Indemnitification
You agree to indemnify, defend and hold harmless Davy’deo, its parents, subsidiaries, affiliates, licensors, suppliers, advertisers and sponsors, and its and their directors, officers, employees, consultants, agents and other representatives, from and against any and all claims, damages, losses, costs (including without limitation, reasonable attorneys’ fees and expenses) and other expenses that arise directly or indirectly out of or from: (a) any allegation that any Content or other information you post, submit to Davy;deo or post in the Game infringes or otherwise violates the copyright, trademark, trade secret or other intellectual property or other right of any third party; (b) your breach or violation of the General Terms of Use or any applicable laws or regulations; (c) your access to and use of the Game or Content; (d) any viruses, spyware, or other similar harmful or intrusive program code posted, submitted or transmitted by you to the Game or to Davy’deo; and/or (e) any claim that one of your postings, User Ideas or Content caused damage to a third party, including without limitation, libel, defamation, loss of or harm to reputation or any other damage whatsoever. We reserve the right to assume exclusive control of our defense in any matter subject to your indemnification, which shall not excuse your obligation to indemnify Davy’deo. You agree not settle any dispute subject to your indemnification under these General Terms of Use without written consent from Davy’deo.
This defense and indemnification obligation will survive these General Terms of Use and your use of the Game.
4.2 Responsibility of the players
You are solely responsible for complying with the regulations in force in the territory from which you access the Game. If the laws in force limit or prohibit you to use the Game, you must comply with these and, if necessary, cease to access or use the Game.
You certify that the information that you provide to us at the time of creating your account and when accessing and/or using the Game are at all times accurate, precise and complete.
By accessing the Game, you agree that you are
prohibited to:
· use the Game to harm any third parties in any manner whatsoever;
· create several accounts that correspond to the same physical person;
· usurp the identity or the e-mail address of a third party physical person or legal entity in order to create an account for yourself and to use the Game;
· distort, make anonymous or mask your IP address or the source of the Contents that you put online or in the Game;
· use the Game for commercial or professional purposes, in favour of third parties or to send undesirable communications;
· delete or modify the legal statements or other information concerning ownership that are present in the Game;
· interfere with the Game, the servers or the networks providing the Game, or disturb them;
· recover in an illicit manner information concerning other players of the Game, particularly their personal information;
· sell, transfer or attempt to sell or transfer all or part of an account or Articles used in the Game;
· disrupt the normal operation of the Game for other players;
· violate the obligations or regulations of any network or partner connected with the Game;
· use the Game in a manner that violates the laws and regulations in force;
· use the Game in order to cheat, design or assist in the creation of cheating systems, or to circumvent in any other manner the security measures of the Game, or to undertake any other activity that is generally considered to be contrary to fair play or these General Terms of Use; or
· use the Game in a manner that is not explicitly authorised in these General Terms of Use;
· assist or permit any persons in engaging in any of the above-described activities.
If you are a US resident, the following provisions apply to you:
Export Control.
The Game may be subject to United States export controls. No software or application, including the Game, may be downloaded or otherwise exported or re-exported: (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods or which is subject to other applicable U.S. trade sanctions; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using any such software or application, including the Game, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. You further agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside, regardless of whether such transmission is permitted under the General Terms of Use or by applicable law.
Account Usage
YOU ARE ENTIRELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF YOUR ACCOUNT, INCLUDING ANY AND ALL ACTIVITIES (INCLUDING USE OF THE GAME OR USE OR PROVISION OF ANY SERVICES) THAT ARE CONDUCTED THROUGH THE USE OF YOUR PSEUDONYM AND PASSWORD WHETHER OR NOT AUTHORIZED BY YOU.
5. Personal data
The use of the Game requires the collection of certain personal data concerning you.
The use of these date is made in accordance with the confidentiality policy accessible here http://davydeogamesstudio.com/en/PrivacyPolicy.html.
If you do not accept our Privacy policy, you must not download, access or use the Game in any manner whatsoever.
6. Duration
These General Terms of Use shall apply for an indeterminate period and may be terminated in accordance with the conditions of Article 7 below.
If you are a US resident, the following provisions apply to you: Your right to access and use the Game will remain effective until terminated in accordance with Article 7 below. However, you acknowledge and agree that the perpetual license granted by you in relation to Content is irrevocable and will therefore continue after expiry or termination of any of the General Terms of Use for any reason.
Artciles 2, 4, 6, 8, 9, 13, 14, 15 and 16 herein, as well as any other Articles of the General Terms of Use that, either explicitly or by their nature, must remain in effect even after termination of the General Terms of Use, shall survive termination.
7.1 Termination by you
You may terminate these General Terms of Use at any time:
· if you have created an account under the conditions of Article 1.2: by requesting that Davy'deo delete your account by sending an e-mail to support@davydeogamesstudio.com or by means of the procedure presented in the Game;
· if you have not created an account and you use the limited version of the Game: simply by deleting the application from your mobile device.
The deletion of your account shall cause the deletion of all of the data associated with it, including the Contents and the Articles connected with your account. You may not claim any reimbursement for the Articles connected with your account that may be unused.
7.2 Termination by Davy'deo
In the event of a breach on your part, particularly with regard to the provisions of Article 1.2, 2.2 or 4.2 above or 9, Davy’deo reserves the right to take one of the following measures without advance notice or compensation:
· suspension of access to all or part of your account or the Game,
· suspension or deletion of your account;
· blockage of any new request for registration;
· termination of your access to the Game;
· modification or deletion of the Articles associated with your account;
· re-initialisation and/or modification of any game progress or benefits and advantages associated with your account, particularly the level or the score attained in the Game;
· if necessary, consider the General Terms of Use to be automatically terminated.
The deletion of your account shall cause the deletion of all of the data associated with it, including the Contents and the Articles, and you may not claim any reimbursement for Articles that you have already paid for.
Moreover, if you do not use your account and we do not detect any activity on the account for more than 12 months, we reserve the possibility to delete the account after having informed you. In this case, it is possible that you will lose the Articles connected with your account and that you will not be able to use them. No reimbursement will be offered to you in this connection.
If you are a US resident, the following
provision applies to you: In addition to its
termination rights, Davy’deo also reserves the right
to refuse service to anyone and to remove Content for any reason whatsoever in
its sole discretion, including without limitation, if Davy’deo
becomes aware that you are a convicted sex offender.
8. Settlement of disputes and applicable law
The General Terms of Use are subject to the provisions of French law and, in the case of a dispute, are subject to the jurisdiction of French courts.
For any difficulty or question, you may contact us at the following address: 8 Avenue des Bruyères, 28130 CHARTAINVILLIERS, by e-mail at support@davydeogamesstudio.com, or by telephone at 0603158864 (Free service + the cost of the call).
If the dispute continues, you may contact the online dispute resolution service of the European Commission at the following address: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage.
If you suspect that a third party is violating all or part of these General Terms of Use, you may contact us at the e-mail address indicated above.
If you are a US resident, the following provisions apply to you:
Statute of Limitations
Any claim or cause of action arising out of or related to the General Terms of Use, the Data Protection Policy, use of the Game, your account, and/or your Content (collectively, “Disputes”) must be filed within one (1) year after such Dispute arose regardless of any statutes or law to the contrary. In the event any Dispute is not filed within such one-year period, such Dispute is forever barred.
Venue and Dispute Resolution
The General Terms of Use are governed by and construed in accordance with the laws of the State of New-York, without regards to its principles of conflicts of law that would require the application of the laws of another jurisdiction. All Disputes between you and Davy’deo shall be resolved by arbitration as set forth below. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN A COURT OF LAW BEFORE A JUDGE OR JURY.
Disputes Less than $5000
Any Disputes involving a claim of less than $5,000 must be resolved exclusively through binding non-appearance-based arbitration. A party electing such arbitration shall initiate proceedings by filing an arbitration demand with the American Arbitration Association (“AAA”). The arbitration proceedings shall be governed by the AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer-Related Disputes (see www.adr.org for more information). In addition, you and Davy’deo agree that the following rules shall apply to the arbitration proceedings: (a) the arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Disputes Greater than $5000
Any Disputes involving a claim for more than $5,000 shall be submitted to final and binding arbitration pursuant to the substantive and procedural provisions of the Federal Arbitration Act (“FAA”). The arbitration shall be initiated and conducted according to the AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer-Related Disputes (see www.adr.org for more information), except as modified herein. The arbitration shall be conducted in New-York, and you waive any right to claim that such location is an inconvenient forum. You agree not to sue us or bring arbitration in any other forum.
The arbitration will be conducted in English. The arbitration shall be held before a single, neutral arbitrator appointed in accordance with the arbitration rules cited herein, and whose decision will be final, except for a limited right to appeal under the FAA. The arbitrator shall have the authority to hear and grant motions to dismiss and/or motions for summary judgement, and shall issue written opinions resolving such motions, if submitted. The arbitrator will provide a detailed written statement of the final decision, which will be part of the arbitration award and admissible in any judicial proceeding to confirm, correct or vacate the award. If either party refuses to perform any or all of its obligations under the final arbitration award (following, appeal, if applicable) within thirty (30) days of such award being rendered, then the other party will have the right to enforce the final award in any court of competent jurisdiction in New-York. The party seeking enforcement shall be entitled to an award of all costs, fees, and expenses, including, without limitation, attorneys’ fees. The parties shall use reasonable efforts to maintain the confidential nature of the arbitration proceeding.
Other
Arbitration Provisions
If you initiate arbitration, your arbitration fees will be limited to the filing fee set forth in the AAA’s Consumer Arbitration Rules. Unless the arbitrator finds the arbitration was frivolous or brought for an improper purpose, Davy’deo will pay all other AAA and arbitrator’s fees and expenses.
If a court of competent jurisdiction finds these arbitration provisions invalid or inapplicable, you agree to the exclusive jurisdiction of the Federal and State courts located in New-York, and you agree to submit to the exercise of personal jurisdiction of such courts for the purposes of litigating any applicable claim or action.
The agreement to arbitrate will not preclude Davy’deo from seeking relief in any state or federal court for Disputes related to a violation or possible violation of Davy’deo’s intellectual property rights. Further, nothing in the agreement arbitrate will be deemed to waive, preclude, or otherwise limit either Davy’deo’s or your rights, at any time, to (1) bring an individual action in a U.S. small claims court or (2) bring an individual action seeking only temporary or preliminary individualized injunctive relief in a court of law, pending a final ruling from the arbitrator.
You explicitly agree that any claims or actions that you may otherwise have against Davy’deo under the laws of any jurisdiction other than in the United States are hereby waived, and that your sole location and applicable law for any Disputes is in the United States according to the terms of this Article.
CLASS ACTION WAIVER – TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION OR DISPUTE UNDER THE TERMS SHALL BE JOINED TO ANY OTHER ARBITRATION OR DISPUTE, INCLUDING ANY ARBITRATION OR DISPUTE INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE GAME, AND NO CLASS ACTION ARBITRATION PROCEEDINGS OR ANY PROCEEDINGS IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY SHALL BE PERMITTED. PROCEEDINGS TO RESOLVE, ARBITRATE OR LIGITATE (IF APPLICABLE) A DISPUTE IN ANY FORUM WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS.
Arbitration and Class Certification Opt-Out
You have the right to opt-out and not be bound by the binding arbitration and class, collective, and representative action waiver provisions set forth herein above by sending written notice of your decision to opt-out to the following address: support@davydeogamesstudio.com, Attention: Support department The notice must be sent within 30 days of the earlier of your first download of the Game or commencing use of the Game. Otherwise, you shall be bound to arbitrate Disputes in accordance with the terms herein above. If you opt-out of these arbitration provisions, Davy’deo also will not be bound by them.
9. ASSIGNMENT and TRANSFER
Davy'deo may transfer all or part of its rights and obligations under these General Terms of Use to any third party without your consent, provided that this does not cause a reduction of your rights.
Except with written advance authorisation on our part, you are prohibited to transfer all or part of the rights that are granted to you under these General Terms of Use.
10. Modification of the General Terms of Use
These General Terms of Use may be modified at any time. In the event of a modification, you will be notified by a pop-up window asking you to accept modifications in these General Terms of Use.
.
If you are a US resident, the following provisions apply to you: Davy’deo shall provide notification to you in advance of any changes in the General Terms of Use becoming effective as set forth herein above. We agree that changes cannot be retroactive. The revised General Terms of Use supersede all previous General Terms of Use for the Game. For this reason, we encourage you to review these General Terms of Use any time you access or use the Game, and recommend that you print out a copy for your records. Upon Davy’deo’s request, you agree to sign a non-electronic version of these General Terms of Use and any other policies or agreements set forth or available on or through or with respect to the Game. If you continue to access and/or use the Game after the effective date of such changes, then such access and/or use will be deemed an acceptance of and an agreement to follow and be bound by the General Terms of Ues as changed.
11.
Links
We may publish or provide links from the Game to other Web sites or services of third parties.
We do not provide any guarantee concerning the content, the goods or the services provided by these third parties. We also reject any responsibility with regard to the losses or damages caused by these third parties. The costs that you may incur in connection with your relations with these third parties shall be your entire responsibility.
When you provide information to such third parties, you agree that such action is governed by the Privacy policy of such third party (if any) and not by ours.
12.
If you are a california resident, the following provisions apply to
you: Notice for CALIFORNIA USERS
If you are a California resident, you may have the General Terms of Use mailed to you electronically by sending a letter to
Davy'deo Games
Studio
8 Avenue des Bruyères
28130 CHARTAINVILLIERS
France
with your email address and a request for the General Terms of Use.
Under California Civil Code Section 1789.3,
California Game users are entitled to the following specific consumer rights
notice: The Complaint Assistance Unit of
the Division of Consumer Services of the California Department of Consumer
Affairs may be contacted in writing at California Department of Consumer
Affairs, Consumer Information Center, 1625 North Market Boulevard, Suite N-112,
Sacramento, California 95834, or by
telephone at (916) 445-1254 or (800) 952-5210 in order to resolve a complaint
regarding the Game or to receive further information regarding use of the Game.
13.
If you are a US resident, the following provisions apply to you: MOBILE
TERMS
If you are accessing the gAME through an app on an Apple iOS device (an “iOS Application”), (a) Davy’deo grants you a non-transferable license to use the iOS Application on any iPad, iPhone or iPod touch, as applicable, that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service, and (b) these General Terms of Use are expressly between you and Davy’deo only, and not with Apple, and Davy’deo, not Apple, is solely responsible for the iOS Application and the content thereof, (c) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iOS Application, (d) in the event of any failure of the iOS Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the iOS Application to you; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iOS Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Davy’deo’s sole responsibility; (e) Davy’deo, not Apple, is responsible for addressing any claims by you or any third party relating to the iOS Application or your possession and/or use of the iOS Application, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; (f) in the event of any third party claim that the iOS Application or your possession and use of the iOS Application infringes that third party’s intellectual property right, Davy’deo not Apple, will be solely responsible for the investigation, defense, settlement and/or discharge of any such intellectual property infringement claim; and (g) if you use an iOS Application, then Apple, and Apple's subsidiaries, are third party beneficiaries of these General Terms of Use, and that, upon your acceptance of these General Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these General Terms of Use against you as a third party beneficiary thereof.
If you are accessing the Game through an
app on an Android device, Google may, at any time and without notice, restrict,
interrupt, or prevent use of the Game, or delete the Game from your Android
device(s), or require Davy’deo to do any of the
foregoing, without entitling you to any refund, credit, or other compensation
from Davy’deo or any third party (including, but not
limited to, Google or your network connectivity provider). Further, (a) Davy’deo, and not Google, is solely responsible for the Game
and the license granted herein; (b) Google has no obligation to provide
maintenance and support for the Game; (c) the Google Play marketplace is owned
and operated by Google Inc., and your use of Google Play is governed by legal
agreements between you and Google, not Davy’deo; and
(d) Google is not responsible for addressing, investigating, defending,
settling, or discharging any claim brought by you or any third party for
allegations relating to the Game, or your possession and/or use of the Game,
including but not limited to: (i) consumer protection or similar legislation;
(ii) any failure of the Game to comply with applicable legal or regulatory
requirements; or (iii) infringement of third party intellectual property rights.
14.
If you are a US resident, the following provisions apply to you: notices
All notices required or permitted to be given under the General Terms of Use must be in writing and shall be given by personal delivery, registered or certified mail, or Federal Express or other nationally recognized courier service which regularly tracks its packages, if to Davy’deo to
Davy'deo Games
Studio
8 Avenue des Bruyères
28130 CHARTAINVILLIERS
France
Attn:Support department, and
if to you, to the email and/or postal address associated with your account or
which you have provided to Davy’deo via anywhere in
the Game or via email or regular mail. Notices, if personally delivered, shall
be deemed to have been received on the date of delivery; if by registered or
certified mail, on the third business day after mailing; if by Federal Express
or email, on the second business day (France time) after deposit with the
service. You may not send any notices under this Article to Davy’deo
via email.
15.
If you are a US resident, the following provisions apply to you: Additional
Miscellaneous Terms
No agency, partnership, joint venture,
employee-employer or franchiser-franchisee relationship is intended or created
by the General Terms of Use. Any heading, caption or section title contained
herein is inserted only as a matter of convenience and in no way defines or
explains any section or provision hereof. Davy’deo’s
performance of the General Terms of Use is subject to existing laws and legal
process, and nothing contained in the General Terms of Use is in derogation of Davy’deo’s right to comply with governmental, court, and
law enforcement requests or requirements relating to your access, registration
and/or use of the Game, or information provided to or gathered by Davy’deo with respect to such access, registration and/or
use. A printed version of the General Terms
of Use and of any notices given in electronic form shall be admissible in
judicial or administrative proceedings based upon or relating to the General Terms
of Use to the same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed form. The parties agree that, with respect to US
residents, all correspondence relating to these General Terms of Use, the Data
Protection Policy, and any other Davy’deo policies
must be written in the English language.
16.
Entire agreement
These General Terms of Use express the entire agreement concluded between you and us concerning the Game. They cancel and replace all previous commitments, declarations, promises or agreements between you and us relating to this subject.
17.
Divisibility
In the event that one of the provisions of the General Terms of Use is declared null or invalid on the basis of the laws in force or by a court, such provision shall be considered not to exist, but the other provisions shall retain their entire applicability.
The terms declared null and invalid shall be replaced by terms which are as close as possible to the content of the cancelled clause and the initial intention of Davy’deo.
18.
Waiver of our rights
The fact that we omit to enforce any of the provisions of the General Terms of Use may not be considered to be a waiver to assert this.
19.
Questions concerning these conditions
For any question concerning these General Terms of Use or the Game, contact us by e-mail at the address support@davydeogamesstudio.com.