Terms & Conditions


 

Welcome to http://www.dualthegame.com (the "Website") brought to you by NOVAQUARK ("us", "we","our" or the "Company"). In these terms of use ("Terms of Use"), "You" and "Your" and the "User" mean you the person using or visiting our Website. NOVAQUARK offers a platform to Users where they can contribute to the development of an original video game ("Video Game"): Dual Universe: Civilization Building Sci-Fi MMORPG: One universe, shared by everyone at the same time. Emergent gameplay. Fully editable voxel world, with player-made ships & constructs.
Users are invited to buy pledge packs ("Packs") to contribute to the development of the Video Game.
Prices of the Packs are clearly indicated on the Website.

 

  1. ABOUT US
    1. This Website is owned by NOVAQUARK, with a capital share of 129.711,16 euros, SAS incorporated under French Law (company number:799 791 926) before French Trade and Companies Register of Paris, whose registered office is 130 rue de Lourmel, 75015 Paris, France, which EU VAT number is FR 86799791926.
      1. The Video Game is jointly provided to You by NOVAQUARK and XSOLLA acting as licensee of NOVAQUARK.
      2. XSOLLA's information are the followings:
        XSOLLA (USA), INC.
        15260 VENTURA BLVD STE 2230
        SHERMAN OAKS CA 91403
        Support is available by clicking on the Contact Us button on the Xsolla checkout form
      3. If You would like to make a complaint about anything contained on the Website and/or the Video Game, please contact NOVAQUARK using the following details:
        NOVAQUARK
        130 rue de Lourmel
        75015 Paris
        FRANCE
        Web contact form : http://community.dualthegame.com/contact
        Phone: +33 (0)9 67 48 04 04
      4. Name of the Website publishing director: Jean-Christophe BAILLIE
      5. The website is hosted by HEROKU INC. located at 650 7th ST;, San Francisco, CA, 94103 USA which number phone is
        • US residents : +(866) 278-1349
        • NON US residents : +44 800 808 5158
  2. GENERAL TERMS OF USE
    1. By accessing or using the Website the services provided on the Website, (the " Website Services") and the Video Game, You agree to be bound by these terms of use ("Terms of Use"). Please read these Terms of Use and the NOVAQUARK Privacy Policy carefully. Please also read the Terms of Use of XSOLLA available at the following link: https://xsolla.com/termsandconditions/
    2. If You do not accept all of the terms contained in the Privacy Policy and Terms of Use, do not register on the Website.
    3. We may from time to time, at our sole discretion, modify the NOVAQUARK's Terms of Use. Please check the Terms of Use regularly to ensure You are aware of any variations or amendments made by us. Your use of this Website will be subject to the version of the Terms of Use posted on this Website at the time of such use. A notice of change should be sent to User by email for approval in case of substantial change of these Terms of Use.
    4. We may also modify or remove any content provided on the Website and restrict access to any part of the Website at any time, at our sole discretion and with no prior notice
  3. FEES
    • Access to and registration on the Website is currently free of charge (although You may be charged to purchase Packs on the Website). We may stop offering the Website free of charge at any time, but we will inform You by email if we decide to make a charge on any of our services and give You a reasonable length of time to terminate Your registration if You wish to do so.
  4. USER GENERATED CONTENT
    1. The use of the present Website by Users leads to the creation of User Generated Content ("UGC").
    2. UGC includes all forms of content (the "Content"), which are generated by You or any other User. UGC includes User's account personas (and all other unique identifiers) ("User Account"); user names; forum posts; chat posts; customer service chats; communications; images; sounds; videos; game suggestions, ideas, notes, feedback, lore, or concepts; or other information concerning the Website Services. UGC also includes materials or information that is contributed by You or by any other User.
    3. By creating UGC, You grant to NOVAQUARK, its licensors, licensees, and any other person so designated by NOVAQUARK a non-exclusive, free, worldwide and transferable license, for their duration of protection. In addition, you grant a personal and non-transferable license to all Users of the Website Services to use the UGC while using the Website Services, including all necessary reproduction, distribution, display, performance, or other license rights necessary to use the UGC, on a worldwide basis and for their duration of protection.
    4. By generating UGC, You agree that the content is not otherwise protected by copyright, trademark, or other intellectual property rights, unless You are the owner of the said rights or have a transferrable license on those rights.
    5. You also acknowledge that You must not generate Forbidden Content ("FC"). FC includes but is not limited to nudity, hate speech, self-harm, dangerous organizations, bullying and harassment, sexual violence and exploitation, criminal activity, violence and graphic content.
    6. NOVAQUARK reserves the sole and final right to review, remove, block, edit, move or disable UGC for any reason, after prior notice. NOVAQUARK has the quality of "hoster" as defined by article 6 of the "Loi pour la Confiance dans l?Economie numérique" dated June 21, 2004, with respect to UGC.
    7. You agree to report any UGC You believe to be in violation with these Terms of Use. If NOVAQUARK determines UGC violates these Terms of Use, NOVAQUARK may take action, at its sole discretion, to suspend, terminate, or otherwise restrict a User to use the Website Services and/or the associated User Account, notwithstanding any legal proceeding against this User.
    8. To the maximum extent permitted by applicable law, NOVAQUARK assumes no responsibility or liability for any UGC, either as a result of generation of said Content or Novaquark decision to remove or not remove or to take or not take any action with respect to UGC.
  5. ACCESS TO THE WEBSITE
    1. Access to our Website is permitted on a temporary basis and we reserve the right to withdraw or amend the Website (and any services made available through it) at any time without notice.
    2. If You breach any of the Terms of Use, we may terminate these Terms of Use and Your authorisation to use this Website will automatically and immediately terminates upon termination. Upon termination, You must immediately cease the use of the Website.
    3. NOVAQUARK takes reasonable measures to ensure that the Website is accessible 24 hours a day, seven days a week. We reserve the right, at our discretion, to take necessary technological, maintenance or security measures that may affect the accessibility of the Website, including shut down of the Website.
  6. REGISTRATION
    1. Your use of the Website is subject to these Terms of Use.
    2. You must be at least 13 years old to register with the Website and by registering You are confirming that You are at least 13 years old. If You are under 18 years old, You agree that You have the express authorisation of your legal representative to register with the Website.
    3. You agree that (a) all registration information You submit is truthful and accurate; and (b) You will maintain the accuracy of such information.
    4. User shall register by entering their personal data: first name, last name, email address, full postal address, Username
    5. User confirms the acceptance of the Terms of Use by ticking the validation box.
  7. USERNAME AND PASSWORD
    1. These identifiers are personal and confidential. They can only be changed on request of User.
    2. User is solely and entirely responsible for the use of the identifiers and shall make every effort to keep it secret and not disclose it to anyone, in any form whatsoever and for any reason whatsoever.
    3. User will be responsible for the use of its identifiers by third parties or for actions or statements made through his personal account user, whether fraudulent or not, and guarantees NOVAQUARK against any claim in this respect.
    4. Furthermore, NOVAQUARK does not have an obligation and does not have the technical means to check the identity of people registering on the Website, it is not liable for impersonating User. If User has reason to believe that a person fraudulently used identifying elements or his account, User must inform NOVAQUARK immediately.
    5. Assuming User is informed of access to another User's account, User shall immediately inform NOVAQUARK through the Website contact form.
  8. ORDER
    1. Users shall select the Pack(s) they wish to buy.
    2. The order shall list the Pack(s) selected and include any ancillary costs.
    3. Users may change their order and correct any errors prior to the acceptance of the order.
    4. User confirms the acceptance of the order, of the Terms of Use and of the Terms of Use of XSOLLA by using the validation of order button.
    5. After accessing the summary of the order, the words "order with obligation to pay " appears next to the order validation button to ensure that User explicitly recognizes its obligation to pay the order.
    6. To proceed to the payment of the order, User enters the coordinates at which User wishes to obtain delivery of rewards if including in the choosen Pack(s), and billing if different.
  9. PRICES AND CONDITIONS OF PAYMENT
    1. Prices are listed on the Website with the Packs.
    2. Full payment shall be made the day of the order by using payment methods provided by XSOLLA's platform. This platform guarantees User the complete confidentiality of its banking information. The bank transaction realized between user and the secured system is entirely encrypted and protected. Please refer to XSOLLA's Terms of Use: https://xsolla.com/termsandconditions/
    3. User shall receive an email from XSOLLA confirming the payment of the order and the information relating to the order.
    4. User warrants that User has the necessary authorizations to use the method of payment when placing the order and paying on the XSOLLA's platform.
  10. SERVICES
    1. Services are listed in the Packs subscribed by Users on the Website.
    2. Users are informed that services shall be accessible at the end of 2018 at the earliest when the Video Game shall be launched online.
  11. DELIVERY OF REWARDS
    1. Users are informed that rewards freely included in Packs should be delivered end of 2018 at the earliest.
    2. Rewards shall be delivered worldwide at the address provided by the User.
    3. User must ensure that information provided and mentioned in the confirmation email are correct, and that they remain up to date until complete delivery of the rewards ordered. In case of change of address by the period of delivery of the rewards, User must inform NOVAQUARK through the Website contact form.
    4. Otherwise, in case of delay and/or error of delivery, User will in no way engage NOVAQUARK's liability in the event of non-delivery.
    5. NOVAQUARK will not be liable if the non-receipt of the rewards is due to a third party outside of their intervention or in case of theft.
  12. LEGAL GUARANTEES APPLICABLE TO THE REWARDS
    1. All rewards offered by NOVAQUARK are subject to the legal guarantees of conformity required by French Law, in particular Articles L.217-4, L.217-5 and L.217-12 of the French Consumer Code, and implied warranty provided for by Articles 1641 and 1648, first paragraph, of the Civil Code:

      Article L.217-4 of the French Consumer Code: "The seller must deliver goods in conformity with the contract and is liable for defects of conformity existing upon delivery. It also addresses the lack of conformity resulting from the packaging, instructions for assembly or installation when it was put to him by the contract or was carried out under his responsibility."

      Article L.217-5 of the Consumer Code: "To comply with the contract, the product must: 1. Be suitable for the purpose usually of a similar property and, where applicable: - Match the description given by the seller and possess the qualities that it has presented to the buyer as a sample or model; - The features that a buyer might reasonably expect given the public statements made by the seller, the producer or its representative, particularly in advertising or labeling; 2. Or have the features defined by mutual agreement by the parties or be suitable for any particular purpose for which the buyer made known to the seller and the latter accepted. "

      Article L.211-17 of the French Consumer Code: "The action resulting from lack of conformity lapses two years after delivery of the goods."
    • 12.2 Article 1641 of the French Civil Code: "The seller must guarantee in respect of hidden defects of the good sold which render it unfit for the use for which it was intended, or that decrease this use that the buyer would not have acquired, or would have paid a lower price if he/she had known"
    • 12.3 Article 1648 of the French Civil Code, first paragraph: "The action resulting from latent defects must be brought by the buyer within two years after discovery of the defect."
    • 12.4 If User believes he/she has received a rewards considered as defective or non- compliant, User must contact NOVAQUARK through the Website contact form, or by registered letter with acknowledgement of receipt to the following address: 130 rue de Lourmel, 75015 Paris, specifying the defect or non-compliance concerned.
    • 12.5 If defects and/or faults are confirmed by NOVAQUARK, NOVAQUARK shall proceed to the replacement of the rewards.
  13. RIGHT OF WITHDRAWAL When Packs bought by Users includes services, they benefit from a period of 14 days from the date of first use of a service of the Pack to exercise his/her right of withdrawal, without having to give reasons or pay a penalty.
    • 13.1 Exceptions: Pursuant to article L. 221-28 of the French Consumer Code, Users are informed that they shall not benefit from a right of withdrawal for:
      • services fully executed before the end of the withdrawal period and services whose performance began after prior express consent of Users expressly waiving their right of withdrawal;
      • digital services not supplied on a tangible medium whose implementation began after prior express consent of User and expressly waiving his/her right of withdrawal.
  14. THIRD PARTY SERVICES
    1. To provide the services to Users, NOVAQUARK shall transmit your information to third party services providers or vendors, and require Users to use such third party services providers or vendors services and comply with those third parties Terms of Use.
    2. To the maximum extent permitted by applicable law, NOVAQUARK shall not be liable with respect to the relations between Users and third party services providers or vendors and their Terms of Use.
  15. USE OF THE WEBSITE
    1. You must not use the Website in any improper or unlawful manner or in breach of any legislation or licence that applies to You.
    2. Without limiting the foregoing, You agree that when using the Website You will not:
      • (a) distribute via any medium any part of the Website without our prior written consent;
      • (b) harass other Users or disclose personal information about other Users that could amount to harassment;
      • (c) publish, post, upload, store, distribute or disseminate any unlawful, defamatory, infringing, obscene, pornographic, harmful, confidential, libellous, hateful, racist, threatening or otherwise illegal or offensive material or information or anything which might constitute a criminal or civil offence;
      • (d) upload files that contain software or other material which are the intellectual property rights of NOVAQUARK or any third party or which are protected by rights of privacy or publicity of any third party without having received all necessary consents;
      • (e) upload files that contain viruses, corrupted files, or any other software or programs that may interfere with or damage the operation of the Website or any other computer;
      • (f) create multiple logins;
      • (g) impersonate others;
      • (h) promote any activity that is illegal;
      • (i) use software to harvest information from the Website; or
      • (j) attempt to solicit funds, advertisers or sponsors.
    3. You agree to comply with all reasonable instructions that we may give You regarding Your use of the Website.
    4. You are responsible for obtaining (at Your own cost) all necessary equipment and telecommunications services required to access the Website. You are also responsible for ensuring that no person uses Your equipment to access the Website without Your permission. We will be entitled to assume that anyone who accesses the Website using Your equipment has Your permission to do so and You will be responsible for any charges, costs or liabilities that may be incurred by any such persons.
    5. If we are informed or if we suspect that any material on the Website infringes the intellectual property or other proprietary rights of any third person or is otherwise unlawful, then we reserve the right to remove such material from the Website. We also reserve the right to remove any material that we consider to be offensive, insulting, defamatory, obscene, indecent, objectionable or otherwise inappropriate. If You have any concerns or queries about material which appears on our Website (including if You believe that any content displayed on the Website has violated Your Intellectual Property Rights) please contact us through the Website contact form.
  16. OTHER SITES
    1. Our Website may contain links to other websites that are owned by us and/or links to third party websites that are not under our control. We make no warranties or representations whatsoever about any other websites which You may access through this Website or any services that are provided by any such third party websites. Third party websites are in no way approved, vetted, checked or endorsed by us and You agree that we shall not be responsible or in any way liable for the content, accuracy, compliance with relevant laws or accessibility of any information, data, advice or statements or for the quality of any products or services available on such sites. Links do not necessarily imply that we are or our Website is affiliated to or associated with such third party sites.
    2. If You decide to visit any other website, You do so at Your own risk. In addition, use of any other website may be subject to Your acceptance of additional terms and conditions, which we suggest You read carefully before proceeding.
  17. INTELLECTUAL PROPERTY
    1. For the purposes of these Terms of Use:
      • (a) "Intellectual Property Rights" means protected works, music works, patents, registered and unregistered trade marks and service marks, domain names, software, registered designs and design rights, copyright (including such rights in computer software and databases), database rights and moral rights (in each case for the full period thereof and extensions, revivals and renewals thereof), applications for the foregoing and the right to apply for any of the foregoing anywhere in the world, and all similar rights anywhere in the world including those subsisting in inventions, designs, drawings and computer programs.
    2. Intellectual Property Rights in and to the Website and all contents, materials and information contained in or appearing on the Website are owned by and shall remain owned by Us or our licensors.
    3. You may view, download and print any contents, materials and information made available to You through the Website subject to the following conditions:
      • (a) the contents, materials and information may only be used for Your personal and non-commercial purposes;
      • (b) save as expressly permitted by us in these Terms of Use, the contents, materials and information shall not be reproduced or included in any other work or publication in any medium;
      • (c) unless in situations expressly limited by law, the contents, materials and information may not be modified, decompiled, reverse engineered, disassembled or altered in any way;
      • (d) save as expressly permitted by us in these Terms of Use, the content, material and information may not be distributed or sold to any third party;
      • (e) You may not remove any copyright or other proprietary notices contained in the content, material or information.
  18. LIMITATION OF LIABILITY
    1. Nothing in these Terms of Use limits or excludes our liability for: (a) death or personal injury caused by our negligence; (b) any loss suffered by You as a result of Your reliance on any fraudulent misrepresentation made by us to You; or (c) any other liability which may not by law be limited or excluded.
    2. Subject to clause 18.1 and to the maximum extent permitted by applicable law, You agree that we shall not be liable for: (a) any indirect loss, claim or damage, or any punitive, special, incidental or consequential damages of any kind (including but not limited to lost savings or loss or corruption of data); or (b) any loss of profit (whether direct or indirect), in each case whether based in contract, tort (including negligence), strict liability, or otherwise, which arises out of or is in any way connected with (i) any use of this Website or its contents which are entered via the Website; (ii) any failure or delay in the use of any component of the Website or any service including, without limitation, any unavailability of the Website or the services irrespective of duration of any period of unavailability; or (iii) any use of or reliance upon any information, material, software, products, services and related graphics obtained through the Website, in all cases even if we have been forewarned of the possibility of such loss or damage.
    3. Due to the inherent risks of using the Internet, we cannot be liable for any damage to, or viruses that may infect Your computer equipment or any other property when You are using or browsing the Website. The downloading or other acquisition of any materials or information through the Website is done at Your own discretion and risk and with Your consent that You will be solely responsible for any damage to Your computer system or loss of data that results from the downloading or acquisition of any such materials.
    4. To the maximum extent permitted by applicable law, You agree to indemnify us against any claims or legal proceedings that may arise through Your use of the Website or from any breach of these Terms of Use by You.
    5. We will notify You of any such claims or proceedings and keep You informed as to the progress of such claims or proceedings.
  19. TERMINATION
    1. We may remove the Website or terminate Your registration to the Website at any time in our sole discretion for any reason whatsoever. You will be informed of such operations in a reasonable time period.
    2. You shall be entitled to terminate Your registration with the Website at any time by following the instructions. All you need to do is to contact us through the Website contact form, and we will erase all your data (including tracks of course) from our system.
    3. Termination of Your registration, howsoever caused, shall not affect the accrued rights and liabilities of either You or us as at the time of such termination.
  20. DATA PROTECTION AND PRIVACY We will only use any personal information that we may collect about You in accordance with our Privacy Policy. This policy forms an essential part of these Terms of Use and it is important that You read it. By accepting these Terms of Use and using the Website, You also expressly accept and consent to our Privacy Policy
  21. GENERAL
    1. Any failure or delay by us to enforce any of our rights under these Terms of Use is not to be taken as or deemed to be a waiver of that or any other right unless we acknowledge and agree to such a waiver in writing.
    2. These Terms of Use are not intended to be for the benefit of, and shall not be exercisable by, any person who is not a party to these Terms of Use under the applicable laws.
    3. If any clause or part of a clause of these Terms of Use is, or becomes, invalid, illegal or unenforceable, the remainder of these Terms of Use shall remain valid and enforceable.
    4. These Terms of Use and Privacy Policy set out the full extent of our obligations and liabilities concerning the Website and replace any previous agreements and understandings between us and You.
    5. These Terms of Use and Privacy Policy are governed by French Law.
    6. In case of dispute that may arise in connection with the interpretation and/or enforcement hereof or in connection with these Terms of Use, You may decide to submit the dispute with NOVAQUARK in a conventional mediation or any other alternative dispute resolution. You may contact the Centre for Mediation and Arbitration of Paris, 39 Avenue Franklin Roosevelt, 75008 Paris, + 33 1 44 95 11 40, cmap@cmap.fr
    7. In case of failure of this mediation process or the Customer wishes to take jurisdiction, the rules of the Code of Civil Procedure will apply.
    8. In case of complaints possibly made by a European User, who has not found an amicable solution with NOVAQUARK, User may use the European platform for the settlement of law disputes of the accessible consumption at the following url: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage

Last updated: September 15, 2017
Version 2