The purpose of these Terms of Services is to govern the use of the www.dont-nod.com website published by DON’T NOD ENTERTAINMENT (hereinafter the “Publisher”).
Any person using the website (the “Website”) must read and comply with the requirements specified hereinafter.
All users of the Website are deemed to have read and accepted these Terms of Service whenever they visit the Website, and the Publisher reserves the right to amend these Terms of Service at any time.
1 – Purpose of the Website
The Website is the official corporate website of DON’T NOD ENTERTAINMENT. It is intended to provide users with content relating to the company’s activities and latest news.
The Website is not designed as a sales platform and in no way aims to facilitate the direct sale of a service or product. As such, these Terms of Service are not standard terms and conditions of sale.
2 – Effective date
These Terms of Service will become effective on the date on which they are uploaded to the Website and will be binding when used for the first time.
They will be binding for as long as the Website is used and until the Publisher terminates access to the Website or uploads new Terms of Service to supersede the current version.
Users may refrain from using the Website at any time, but will be responsible for any subsequent use.
3 – Use of the Website
3.1 Access to the Website
Access to the Website is free and available 24 hours a day, 7 days a week.
The Publisher endeavours to provide high-quality access so that users can enjoy the best possible experience when using the Website’s features.
The Publisher reserves the right to supplement or modify the Website at any time, as well as the services and features available, according to developments in the latest technologies.
3.2 User’s general obligations
Users agree to only use the Website for a purpose that is consistent with public order and accepted moral standards, and which respects the rights of any third parties whatsoever.
For all intents and purposes, users are reminded that they may not post or use the Website to share any unlawful content, especially if such content is harmful, defamatory, pornographic, hateful, racist or otherwise contrary to human dignity.
In addition, users agree to not disrupt the Website’s other users and not access the areas of the Website featuring restricted access.
3.3 User-shared content
The Publisher has provided the Website’s users with a dedicated space for sharing content (such as derivative works based on the Publisher’s games or testimonials concerning a gaming experience).
All users sharing content warrant and represent:
- That they are the author of the content and that such content does not infringe or borrow from existing protected works, and generally users agree to not upload any elements violating intellectual property rights or third-party rights, including copyright, trademark rights and personality rights.
- That any people appearing in a photo or video are adults, or in case of minors, that they have received prior permission from their lawful representative, and that they have obtained express authorisation prior to using the said photo or video according to the provisions in this section of the Terms of Service.
- That they will not impersonate another user.
- That the content does not contain any viruses, worms, Trojan horses or any other destructive and harmful elements.
- That the content is not obscene or defamatory, and does not infringe a third party’s right to privacy or personality rights.
- That the content and dissemination thereof do not violate any applicable laws or regulations.
- That the content is a new creation that has not yet been disclosed to the public in any manner whatsoever, and that no rights have been assigned to a third party.
The Organising Company reserves the right to ask Participants to submit supporting evidence for each of their statements.
By sharing their content, and unless users have specifically indicated that they do not wish for the Publisher to post the content uploaded to their dedicated space, the Publisher may, at its sole discretion, share content using its official communication platforms on the internet (on the Website, over its social media pages, such as Instagram, Facebook and Twitter, etc.), by any digital processes and in any formats, worldwide for a term of ten (10) years upon receiving such content and for any purpose.
If users have sent some of their personal attributes (first name, surname, image, etc.), the Publisher may also share those attributes with the content and according to the same terms and conditions.
However, the Publisher is under no obligation to share users’ content. The Publisher will not post or retain any content that conflicts with third-party rights (including trademark rights, copyright, personality rights, etc.), which is defamatory, insulting, obscene, offensive, violent or inciting violence, political, racist or xenophobic, which undermines accepted moral standards, which infringes the Website’s Terms of Service, which violates the ban on alcohol-related advertising, or generally which breaches applicable legislation.
3.4 Violations of the Terms of Service and fraud
In the event of a violation of the Website’s Terms of Service, the Publisher reserves the right to disable the Website and/or deny access to infringing users.
In addition, if the Publisher notices that a user has committed fraud or made a clear and significant attempt to commit fraud, the Publisher reserves the right to instigate any judicial or extra-judicial proceedings against the user to claim damages and/or stop the user’s actions.
4 – Intellectual property rights
4.1 Publisher’s rights
The Website and all its content (including photos, logos, trademarks and information of any kind whatsoever) are protected by French intellectual property law.
As such, users may not reproduce any elements of the Website without the Publisher’s authorisation, such as its registered trademarks, its graphic elements or any other original creations pursuant to the French Intellectual Property Code.
4.2 Third-party rights
The Website is likely to contain creations or other elements protected by intellectual property rights belonging to third parties.
Such content is the exclusive property of the parties holding the existing rights, and users are informed that they are strictly prohibited from using content for which an intellectual property right must first be granted, especially by reproducing, representing or exploiting the content for promotional or marketing purposes.
In this respect, users are informed that any holder of an intellectual property right is likely to ask for content to be removed if it has been published in violation of that holder’s rights or any provision of the French Intellectual Property Code.
However, if users so desire, they may previously negotiate the right to share any protected content or use such content in the form of short quotations where such use is justified on informative grounds as part of a legitimate critical, polemic, educational or scientific aim or to provide immediate information in relation to a current event, in accordance with the provisions of Article L. 122-5 of the French Intellectual Property Code.
Finally, the Publisher may not be held liable for any infringements of intellectual property law or third-party rights following an action that can be attributed exclusively to any user whatsoever.
5 – Hypertext links
The existence of a hypertext link to a third-party site in any content shared or published via the Website in no way means that the Publisher approves in any manner whatsoever of the content of that site or how that site may be used. The Publisher has no control over the content of any third-party sites and cannot control such sites under any circumstances.
In addition, external sites may contain hypertext links pointing to user content, for which the Publisher disclaims any and all liability.
6 – Limitation of liability
6.1 Accuracy of the Website’s information
The Publisher uses its best efforts to ensure that the information disseminated on the Website is accurate and up-to-date, and reserves the right to correct the content at any time. Nevertheless, the Publisher makes no warranties as to the accuracy, precision, completeness or adequacy of the information made available on the Website, and the Publisher may not be held liable for any established omissions or errors.
6.2 Website accessibility and modifications
The Publisher agrees to use its best efforts to ensure that the Website is available at all times. However, the Publisher disclaims any and all liability for any difficulties in accessing the Website or interruptions in the connection, irrespective of the cause.
To guarantee the best possible experience, the Publisher reserves the right to make any modifications to the Website that it deems necessary without prior notice, even if access to the Website is subsequently interrupted.
In addition, users are responsible for examining the prospect of upgrading their own computing and transmission equipment to ensure compatibility with changes in the Website and the internet in general.
6.3 Publisher’s general responsibility
Users are expressly reminded that the internet is not a secure network. As such, by using the Website, all users acknowledge and accept the characteristics and limitations of the internet, especially in terms of technical performance, response times when viewing, querying or transferring information, the risk of interruptions, and more generally the risks inherent in any connection or transmission over the internet, the lack of protection of certain data against any potential hijacking and the risks of contamination from viruses.
Therefore, the Publisher shall not be held liable for any direct or consequential damages incurred by users when using the Website, even where such damages result from the Website’s unavailability, including lost data, deterioration, destruction or viruses that could affect their computer equipment.
All users acknowledge that they have checked that the computer configuration used does not contain any viruses and is in perfect working order.
6.4 Force majeure
Generally, the Publisher will not be liable for events of force majeure or cases beyond its control.
Force majeure means any event that is unforeseeable, insurmountable and beyond the party’s control, and likely to discharge that party of its responsibility or release it from its obligations as laid down in French case law by the Court of Cassation.
7 – Ethics
The Publisher is deeply committed to complying with applicable law and the key principles governing business ethics.
Consequently, if users discover content on the Website that is clearly unlawful or wish to report any seemingly unethical behaviour to the Publisher, they can send the Publisher a message that clearly explains the problem to the following address: firstname.lastname@example.org, or by sending a letter to the address specified in the Website’s legal notice.
8 – Severability
If one or more provisions of these Terms of Service are deemed or held to be invalid or unenforceable under any applicable statute or rule of law, or following a final and binding decision issued by a court of competent jurisdiction under ordinary law, the other provisions will remain in full force and effect wherever practicable.
9 – Address for service
The Publisher’s address for service is deemed to be the address specified in the Website’s legal notice, and all users agree to send their correspondence to that address if the need arises.
10 – Governing law – Dispute resolution
The Website, its content and its use will be governed by and construed in accordance with French law.
In the event of a dispute between the Publisher and user arising from or in connection with its use of the Website, the Publisher agrees to act in good faith in leading the parties to reach an amicable arrangement. If the parties fail to reach an agreement, the dispute will be referred to the competent courts in accordance with the provisions of the French Code of Civil Procedure.
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