End User Licence Agreement for Games

RECITALS

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This EULA governs relations between the COMPANY and the Users pertaining to their use of the Games in the absence of a specific document regulating the Users’ use of the particular Game. Should the Game or Game forum have a specific set of rules, this EULA shall apply to relations between the COMPANY and the User to the extent that its terms and conditions do not conflict with the terms and conditions of such a specific document.

Only natural persons are entitled to download/acquire/use any Game.

By downloading, installing, or otherwise using any Game, the User (A) acknowledges that he/she has read, understood, and unconditionally accepted the terms and conditions of this EULA, as well as the conditions of other relevant agreements and regulations available at www.oom-games.com/privacy and guarantees that he/she will observe them during the entire use of the Game; (B) acknowledges and agrees that he/she has independently evaluated the desirability of using the Game and is not relying on any representation, guarantee, or statement other than as expressly set forth herein; and (C) represents and warrants that he/she is lawfully able to enter into contracts (e.g. the User has reached the age of capacity provided by applicable law). If the User is minor, he/she shall become acquainted of this EULA with the help of his parents/legal guardians. COMPANY recommends parents or guardians to monitor their children's online activities. To protect children’s privacy, COMPANY advises parents or guardians to check that their children never disclose their personal data without prior consent of their parents or guardians. COMPANY reserves the right to restrict access to certain services on age grounds and may allow the registration for certain services with parental approval when underage. COMPANY reserves the right to ask for written proof of parental consent for any User or potential User suspected to be a minor. In all cases, utilization of Games by minors must take place under the responsibility of their parents or legal guardians and any use is assumed to have been validated by them.  

Otherwise, installation or other use of the Game is prohibited.

Reference to the present EULA shall also include relevant agreements and regulations associated with the relevant Game, Privacy Policy, other documents available at www.oom-games.com, and all pages, schedules, policies, guidelines, specifications, user manuals, and supporting materials that the COMPANY makes available to the User, unless the context otherwise requires.

In the case that the User downloads/purchases the Game through any Third Parties Platform, the User undertakes to review and comply with the terms and conditions of the owner of the respective platform, which may be changed from time to time and may provide for certain additional requirements applicable to downloading the Game through that platform, its installation, and use.

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1. TERMS AND DEFINITIONS

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In this EULA, the following definitions, when capitalised, shall have the following meanings:

Account – personal account of the User in the Game.

COMPANY – OOM-Solutions SASU, a company established and operating under the legislation of France (reg. number: 849732862), which commercial name is OOM-Games, with its registered office at 251 chemin de Fontanières, 69350 La Mulatière, France and subject to VAT under the number FR 89 849732862.

Client part of the Game – the software necessary for the User to participate in the Game, to be installed on the User’s computer. The Client part of the Game is installed by the User independently on a personal computer. The Client part of the Game may be distributed by the COMPANY and/or its authorised persons, both via the Internet and on tangible media. The Client part of the Game distributed via the Internet is provided to the User free of charge, with the right to reproduce, unless this Agreement provides for otherwise. Copies of the Client part of the Game distributed on tangible media may be provided to the User for a fee.

EULA – this End User Licence Agreement for Games, a legal document determining the terms and conditions and procedures for the User’s use of the corresponding Game and all related services.

Forum Rules – a legal document that constitutes Appendix No. 2 hereto, determining the rules to be mandatorily observed by the User during official Game forum use (if applicable).

Game Rules – a legal document that constitutes Appendix No. 1 hereto, determining the rules to be mandatorily observed by the User while using the Game.

Games – any games (excluding gambling) for personal computers (PC), game and TV devices of Xbox, PlayStation, Nintendo line, and games on mobile devices, owned and/or operated by the COMPANY, its affiliates and/or its partners, as specified at the Games Storefront on the Website and/or Third Parties Platform (if applicable).

To ensure the rights and obligations of the COMPANY and the User arising hereunder, the User may reproduce a set of data and commands on his/her computer predefined by the COMPANY (‘Client part of the Game’, if it is provided for by the Game’s functionality), whereas a set of other data and commands (including non-activated) or all data and commands in the absence of the Client part of the Game are placed by the COMPANY on its servers. This is not applicable for the Games dedicated to mobile devices.

Materials – all content, information, and other materials within the Game, including, without limitation, trademarks and logos, the visual interfaces, graphics, design, compilation, information, software, computer code (including source code or object code), text, articles, pictures, information, data, music, sound files, photographs, titles, themes, objects, characters, character names, stories, dialogues, catch phrases, concepts, artwork, animations, audio-visual effects, methods of operation, and documentation.

In-Game Assets – virtual in-game items and other goods and related services which may be available for acquisition in the Game and/or in OOM-Games Ecosystem.

In-Game Currency – virtual in-game currency which has no monetary value and is not subject to monetary valuation, although it has a price at the time of acquisition.

OOM-Games Ecosystem – online platform located at the Website that provides Users with access to Games, as well as any other related services provided by the COMPANY based on the terms and conditions set forth herein.

Territory – territory where the Game is available for installation and other use as specified at the Games storefront on the Website and/or Third Parties Platform (should the Game be dedicated to mobile devices).

Third Parties Platform – any platform operated by a third party where the User may access and download the Game, inter alia, (i) the Steam platform, operated by Valve Corporation and/or its affiliates, (ii) third party consoles, inter alia, Microsoft Xbox, PlayStation® and Nintendo (should the Game be dedicated for console), (iii) third party mobile platforms, e.g. App Store platform operated by Apple, or Google Play platform operated by Google (should the Game be dedicated to mobile devices).

Unacceptable Content -–any kind of content or behaviour in connection with the use of the Game that is either illegal or unacceptable under the generally accepted moral rules, including, without limitation, the following examples:

(i) engaging in or contributing to any illegal activity or activity that violates others’ rights;

(ii) content that is or could be reasonably viewed as unlawful, harmful, harassing, defamatory, libellous, obscene or otherwise objectionable and unacceptable;

(iii) providing information that is false, misleading or inaccurate;

(iv) disclosing of any personal or proprietary information of another User or any other person or otherwise invading other person privacy;

(v) abuse, harassment, stalking, threats, flaming or intimidation of any person or organization;

(vi) profanity or use of derogatory, discriminatory, hatred or excessively graphic language;

(vii) any content that may harm minors;

(viii) disseminating or advocating in any way hate, intolerance, discrimination, harm, racial or ethnic hatred, violence, crime or war;

(ix) offensive, vulgar, sexually explicit or pornographic content;

(x) promoting the use of alcohol, tobacco or any narcotic or illegal substances, firearms;

(xi) transmitting software viruses, worms or any other kind of harmful software;

(xii) unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation;

(xiii) hacking;

(xiv) infringing any intellectual property rights, or unlawful provision/disclosure of information (insider information, confidential information, other proprietary information);

(xv) other unacceptable content or behaviour.

User – a natural person who has reached the age which allows them, in accordance with the applicable law, to be fully liable for his/her own actions (fully legally capable person) and to use the Game, and satisfies all the criteria listed herein, or if underage, satisfies all the criteria listed herein.

User Content – any comments, text or voice messages, photos, graphic images, videos, sounds, works of music, and other materials, data and information, as well as links to them uploaded, transferred, published, or otherwise distributed by the User to other Users and/or the COMPANY during the course of the Game use (apart from the User’s personal data, which is subject to Privacy Policy).

Website www.oom-games.com and all domains and subdomains of the following levels.

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2. GENERAL PROVISIONS

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2.1 The Game is a part of OOM-Games Ecosystem. The availability of Games and features will vary between countries and not all Games or features may be available in the User’s country.

2.2 Any use of the Game except as specifically authorised in this EULA, without the prior written permission of the COMPANY, is strictly prohibited and may violate intellectual property rights or applicable laws. The COMPANY may terminate the licence granted to the User hereunder at any time, with a prior notice, including where the COMPANY reasonably considers that: (a) the use of the Game by the User violates this EULA or applicable law; (b) the User fraudulently uses or misuses the Game; or (c) the COMPANY is unable to continue providing the User with the Game due to technical or legitimate business reasons.

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3. USER’S ACCOUNT

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3.1 In order to use the Game, the User is required to create an Account following the instructions outlined on the Website and, inter alia, fill in the registration form or create an Account using his/her social media account.

When registering an Account, the User may fill in the registration form with the data he/she considers sufficient for his/her identification in the Game as a unique user, except for the mandatory fields of the registration form, filling in of which shall be obligatory for the User in order to use the Game.

The COMPANY, its affiliates and/or its partners may confirm the receipt of the User’s online application in order to create an Account electronically to the e-mail address or by SMS message to the telephone number provided by the User (not applicable to the Account created by the User using his/her social media account).

3.2 Should the User access and download the Game via Third Party Platform, the User can use the Game without creating an Account. However, in this case, the User shall acknowledge that he/she is solely responsible for saving his/her game progress in the Game. In order to save his/her game progress, the User is strongly recommended to create an in-game Account or attach his/her game profile to his/her Account on the relevant Third Party Platform, from which the User accesses the Game (if applicable).

3.3 The User’s Account is for his/her personal, non-commercial use. The Users are informed and accept that the information provided when opening their Account is presumed to establish their identity. The Users guarantee that all information provided is accurate and up to date. The Users undertake to update this information on their Account as soon as it is modified so that it always complies with these criteria. The User shall not share the Account or his/her login and password, nor let anyone else access his/her Account or do anything else that might threaten the security of the Account. The User shall maintain the confidentiality of his/her login and password.

3.4 In the event that the User becomes aware of or reasonably suspects any breach of security, including, without limitation, any loss, theft, or unauthorised disclosure of his/her login and password, the User must immediately notify the COMPANY thereof and modify his/her login and password in case the Game has such a functional. In the absence of such prompt notification, the COMPANY cannot guarantee the safety of the User’s game process.

3.5 The User is forbidden to distribute, use, or deliberately obtain any information granting access to the Account of another User, as well as distribute links to third party resources containing such information. It is forbidden to use or attempt to use another User’s Account without authorisation from that User and the COMPANY, inter alia, to log into the Account registered by another User in the case of receiving such information or by other means.

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4. IN-GAME ASSETS AND IN-GAME CURRENCY

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4.1 The User acknowledges that the COMPANY may provide the User with the opportunity to acquire additional In-Game Assets and/or In-Game Currency within some Games.

4.2 The In-Game Currency is not a means of payment and serves the sole purpose as a means of exchange for In-Game Assets. The In-Game Currency cannot be exchanged for cash or other valuables, except for the In-Game Assets during the usual course of the Game. Any unused In-Game Currency cannot be converted back into cash under any circumstances.

4.3 The User may be provided with the opportunity to acquire for cash a limited, personal, non-transferable, non-sublicensable, revocable licence to use the In-Game Assets and/or the In-Game Currency exclusively from the COMPANY and/or its authorised partners by using one of the approved payment methods provided for each respective Game.

4.4 The COMPANY will credit the In-Game Currency to the User’s Account after receipt of the payment. The charge of the In-Game Assets and/or the In-Game Currency to the User’s Account shall be made as soon as possible. However, due to circumstances beyond the control of the COMPANY, there may be delays in receiving payment information from the payment processing systems regarding the User’s in-game purchases.

4.5 The COMPANY does not guarantee, that (i) In-Game Assets that the User wants will be available at the time the In-Game Currency is credited to his/her Account, (ii)the User will be able to use the In-Game Assets for an indefinite or desired period, (iii) the User will be able to exchange the In-Game Currency for any or specific In-Game Assets, (iv) the characteristics or the intended use of the In-Game Assets will remain unchanged for the duration of the operation of the Game or will meet the User’s expectations or preferences.

4.6 The COMPANY shall not be liable for the User’s loss of In-Game Assets and/or In-Game Currency during the game process obtained as a result of participation in the Game.

4.7 Taking into account the technical complexity of the Game and the resources used for the operation of the Game, the COMPANY carries out regular maintenance diagnostics of the Game. The COMPANY may withdraw In-Game Assets and In-Game Currency already displayed in the User’s Account in case such maintenance diagnostics reveals that such In-Game Currency or In-Game Assets were accidentally displayed in the User’s Account, including because of a bug or an error in the Game or the COMPANY’s Website.

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5. RIGHT OF WITHDRAWAL

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5.1. All fees payable for the Games, the In-Game Assets and/or the In-Game Currency are non-refundable, except as expressly set forth in accordance with applicable legislation. All in-game sales are final. The Games, the In-Game Assets and/or the In-Game Currency are not subject to return or exchange unless it is otherwise provided for herein. By purchasing the Games, the In-Game Assets and/or the In-Game Currency, as well as exchanging the In-Game Currency for the In-Game Assets, the User understands and agrees that (i) the User’s access to the Game may be terminated according to this EULA, and/or (ii) the Game may be discontinued at any time for any reason, and that such events do not give rise to the User’s right to receive a refund of any sums paid for any used or unused Game, In-Game Assets and/or In-Game Currency.

IN ADDITION, THE CHARGES AND PURCHASES ARE NOT REFUNDABLE IN THE EVENT THAT THE USER IS DISSATISFIED WITH THE GAME.

5.2. The transfer of the In-Game Assets and/or the In-Game Currency is prohibited except where expressly authorised in the Game. Other than as expressly authorized in the Game, the User shall not sublicense, sell, redeem or otherwise transfer or attempt to transfer the In-Game Assets and/or the In-Game Currency to any person or entity. Any such transfer or attempted transfer is prohibited and void, and may result in termination of the Users right to access to his/her Account and/or the Game. Should it be provided by the functionality of other services of the COMPANY and/or its affiliates, the Users may be allowed to exchange the In-Game Assets with each other, inter alia, for In-Game Currency, and/or exchange In-Game Currency for cash or other valuables.

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6. LIMITED LICENCE

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6.1 From the moment of acceptance of this EULA by the User, the COMPANY grants the User a personal, limited, non-exclusive, non-assignable, and non-transferable licence to install and use the Game in the Territory within the scope of its functionality and solely for personal and non-commercial use, and, in full compliance with this EULA and any other documentation accompanying, or being incorporated into, the Game.

6.2 The User agrees and acknowledges that any and all rights to intellectual property (including, without limitation, in the Game and any related Materials) belong to the COMPANY and/or its partners/affiliates (if applicable). Rights to intellectual property granted hereunder are licensed, but not sold. The licence granted hereunder confers no title or ownership in GAMES Ecosystem.

6.3 The User is expressly prohibited to:

• sublicense, rent, lease, transfer, resell, gift, exchange, distribute, or otherwise use the Game or its copies and/or his/her Account as well as disseminate of information about the intention to perform the actions listed above by the User or any third parties;

• alter, merge, adapt, decompile, disassemble, modify, translate into other languages, or in any way change the Game or any of its components;

• create derivative works based on the Game;

• remove, alter, or obscure any product identification, copyright, or other intellectual property notices in the Game;

• use the Game in any manner that could interfere with, disrupt, negatively affect, or reasonably inhibit other Users from fully enjoy the Game, or that could damage, disable, overburden, or impair the functioning of the Game in any manner;

• use the Game in any way that breaches this EULA, including the Game Rules and the Forum Rules (if applicable), any applicable local, national, or international law, or any other regulations and policies;

• use the Game for any purpose or in any manner that the COMPANY considers as a breach of this EULA.

6.4 No other rights to the Game or its parts are granted to the User hereunder, except for the rights expressly stated in this EULA.

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7. USER CONTENT

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7.1 By transmitting or submitting any User Content, the User affirms, represents, and warrants that such transmission or submission is (a) accurate and not confidential; (b)not in violation of Game Rules, Forum Rules, contractual restrictions, any applicable laws and regulations, or third party rights, and that the User has permission from any third party, whose personal information or intellectual property is in the User Content; (c) such User content is free of viruses, adware, spyware, worms, or other malicious code; (d) the User acknowledges and agrees that any of his/her personal information within such content will, at all times, be processed by the COMPANY and/or its partners/affiliates in accordance with the Privacy Policy; (e) the User grants the COMPANY and its affiliates a non-exclusive, worldwide, perpetual, irrevocable, transferable, sub-licensable, limited right to use such User Content by any and all lawful means, inter alia, to reproduce, distribute, transmit, transcode, translate, broadcast, publicly display, publicly perform, make available to the public, modify, create derivative works from it; this license shall be deemed granted to the COMPANY for the entire duration of the intellectual property rights to such User Content as soon as it is uploaded on OOM-Games Ecosystem or from the moment the COMPANY otherwise acquires such rights, inter alia, from its affiliates.

7.2 The COMPANY reserves the right in its sole discretion, for justified reason, to review, monitor, prohibit, edit, delete, disable access to, or otherwise make unavailable any User Content without notice. The COMPANY assumes no responsibility for the conduct of any User submitting any User Content and assumes no responsibility for monitoring the Game for Unacceptable Content or inappropriate conduct of the Users. The COMPANY does not, and cannot, pre-screen or monitor all User Content.

7.3 The User acknowledges and agrees that his/her use of the Game is at his/her own risk. By using the Game, the User may be exposed to Unacceptable Content of other Users that is offensive, indecent, or otherwise not in line with his/her expectations. The User bears all risks associated with the use of any User Content of other Users available in connection with the Game. At the discretion of the COMPANY, its representatives or technology may monitor and/or record the User’s interaction with the Game or communications with other Users (including, without limitation, messages) when the User is using the Game. By entering into this EULA, the User hereby provides his/her irrevocable consent to such monitoring and recording. If, at any time, the COMPANY chooses, in its sole discretion, to monitor the Game, the COMPANY nonetheless assumes no responsibility or limited responsibility for the User Content. The COMPANY has the right, in its sole discretion, to edit, refuse to post, or remove any User Content.

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8. SANCTIONS

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8.1 The COMPANY shall independently determine the fact of violation. In the case of violation of the EULA, inter alia, the Game Rules, and/or the Forum Rules by the User, the COMPANY shall have the right to apply the following sanctions to the User, depending on the extent of the violation committed by the User and its adverse effect on the game process and other Users:

• issue a warning in any form, including by means of e-mail;

• remove any User Content that violates any applicable law or breaches the EULA, inter alia, the Game Rules, and/or the Forum Rules;

• rename, only of necessary (e.g. offensive name), his/her character, community, or organisation of gamers;

• temporarily restrict some features of the Account and/or forum account (if applicable);

• suspend access to his/her Account(s) and/or forum account(s) (if applicable) in its entirety;

• restrict Game and/or forum use fully or partially;

• temporarily restrict or permanently disable access to a character or some of its features;

• temporarily restrict or permanently disable in-game services of communication and/or forum use;

• limit the number of connections to the server, as well as the duration of each connection for a specific period of time;

• block IP addresses, MAC addresses, or proxies used to access the Game;

• delete his/her character and/or Account.

8.2 The COMPANY will make reasonable efforts to provide the User with explanation on what the terms of this EULA, inter alia, the Game Rules, and/or the Forum Rules were violated by the User, as a result of which the sanctions were applied by the COMPANY.

8.3 The User is not allowed to register new Accounts in case of the violation of the EULA, inter alia, the Game Rules, and/or the Forum Rules by the User. In case the COMPANY finds that such User has multiple Accounts, the COMPANY reserves the right to apply the foregoing sanctions to all Accounts of such User.

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9. HEALTH OF USERS

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The following precautions should be taken by the Users:

• Avoid playing if tired or short of sleep;

• Play at good distance from the screen;

• Play in a lit room and moderate the brightness of the screen;

• Take breaks of ten (10) to fifteen (15) minute every hour.

WARNING, SOME INDIVIDUALS ARE LIABLE TO HAVE EPILEPTIC FITS INCLUDING, IN CERTAIN CASES, LOSS OF CONSCIOUSNESS, PARTICULARLY WHEN EXPOSED TO STRONG LUMINOUS STIMULATIONS (RAPID SUCCESSION OF IMAGES OR REPETITION OF SIMPLE GEOMETRICAL FIGURES, FLASHES OR EXPOSURES). SUCH INDIVIDUALS ARE EXPOSED TO RISKS OF FITS WHEN THEY PLAY CERTAIN VIDEO GAMES CONTAINING SUCH LUMINOUS STIMULATIONS; COMPANY HIGHLY RECOMMENDS THE USERS TO CONSULT THEIR DOCTOR BEFORE ANY USE. PARENTS MUST ALSO PAY PARTICULARLY CLOSE ATTENTION TO THEIR CHILDREN WHEN THEY PLAY VIDEO GAMES. IF THE USER PRESENTS ONE OF THE FOLLOWING SYMPTOMS: DIZZINESS, VISION PROBLEMS, CONTRACTION OF THE EYES OR MUSCLES, DISORIENTATION, INVOLUNTARY MOVEMENT OR CONVULSIONS OR MOMENTARY LOSS OF CONSCIOUSNESS, THE USER MUST IMMEDIATELY STOP PLAYING AND CONSULT A DOCTOR OR HIS/HER PARENTS MUST COMPEL THEIR CHILDREN TO DO SO.