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End User License Agreement

GEISTERLAND


Article 1. LEGAL INFORMATIONS:

Mr. Hubert Fouarge (hereafter "GEISTERLAND")
E-mail : bl4cksm1thj0e@gmail.com

Article 2. GENERALITIES:

2.1. GEISTERLAND offers the user (hereinafter the User) a puzzle/social critique game on the theme of class struggle.

2.2. In order to open an account and use the GEISTERLAND game (hereinafter referred to as "the Game"), the User must first accept the present General Conditions of Use (hereinafter referred to as "Conditions", "General Conditions of Use" or "GCU").

2.3. It is suggested that you print or save a copy of these Conditions locally.

;Article 3. CONDITIONS OF USE OF THE GAME:

3.1. The user must first register on the platform 'Steam' (hereinafter the Platform) and create an account on it.

3.2. The User agrees to comply with the terms of use of the Platform which can be found here : https://store.steampowered.com/subscriber_agreement/english/ . He also acknowledges having read them before using the Game.

3.3. The User can then access the content of the Game.

3.4. To benefit from the services of the GEISTERLAND Game, the User acknowledges:
Being of legal age or have parental permission if the child is a minor (in all cases older than 13 years).
Making the registration personally and on his own account.
Complying with all regulations in force, including those of your country of residence, that the User is presumed to know.
Accepting and abiding by the Platform Terms and Conditions in addition to the Game Conditions and check them regularly for updates.

3.5. Any person who does not meet any of the requirements does not have the right to use the Services offered by GEISTERLAND.

3.6. GEISTERLAND services are available to a User within the European Economic Area. If the User decides to use the Services of GEISTERLAND outside the European Economic Area, he acknowledges and accepts that he does so on his own initiative and that he assumes the risks. In this case, the User will be solely responsible for compliance with applicable laws.


;Article 4. RESTRICTIONS:

4.1. The User agrees to use the Game only for the purpose set out in the Conditions and in accordance with these Conditions. He agrees to comply with all laws, rules and regulations applicable to the use of the Services.

4.2. Within the limits of the applicable law, the User is not authorized to:
use the Game in any manner or on any device that is illegal, illegal, fraudulent or harmful.
obtain unauthorized access to the accounts of other Users or to the equipment or computer structure of GEISTERLAND, including, but not limited to, transmitting viruses, spyware, malware or any other code of a destructive nature, harmful or disruptive.
use the Game to conduct or promote illegal activities.
use the Game to generate unsolicited e-mail advertisements or spam.
use the Game to impersonate a person or entity, or otherwise misrepresent or distort their affiliation with a person or entity.

4.3. Except as expressly set forth in the Conditions, no license or right of any kind, express or implied, is granted to the User with respect to the Game or any part thereof, including, but not limited to, any right to obtain possession of any source code, data or other technical material related to such Game.

;Article 5. INTELLECTUAL PROPERTY RIGHTS:

5.1. The Game, including the texts, the structure, the layout, the graphic components, the presentation, the logos, the software and all other possible elements contained in the Game, are protected by the intellectual property rights of GEISTERLAND, its possible suppliers or partners. These rights of intellectual property concern among others, without this enumeration being limitative: the copyright protection for brands, trademarks, registered name, database, contents but also patent and the related rights.

5.2. Other product or company names mentioned in the Game may be trademarks of their respective owners. Without the prior written permission of the rightful owner or of GEISTERLAND, the User is prohibited from modifying, copying, distributing, communicating, translating, broadcasting, reproducing, publishing, licensing, transferring or selling the information, software, products or services obtained from these sites. It is also forbidden to create works derived from the above-mentioned elements.

5.3. By uploading content to the Game and/or the Platform, the User declares that he/she is the owner of the related intellectual property rights and that he/she does not infringe the interests of any third party.

;Article 6. LIMITATION OF LIABILITY:

6.1. Limitation of Liability for Content of Contracts.

6.1.1. In accordance with article XII.19 of the Belgian Code of Economic Law, GEISTERLAND cannot be held responsible for User content. GEISTERLAND does not play any active role or take any initiative or provide any additional assistance in the presentation or use of User content.

6.1.2. GEISTERLAND does not undertake or assume any responsibility or obligation to monitor User Content that is either inappropriate or infringes or may infringe the rights of any third party or has been uploaded in violation of this Agreement or any applicable law. Although GEISTERLAND has no legal obligation to monitor any User Content made available on the Game, it reserves the right to remove any inappropriate content in accordance with Section 8.

6.2. Limitation of liability for use by the User.

6.2.1. The User expressly admits using the Game at his own risks and under his exclusive responsibility. GEISTERLAND's responsibility cannot in any case be engaged following a fault committed by a User, including if this fault intervenes within the framework of the use of the Game by the latter.

6.2.2. GEISTERLAND cannot in any case be held responsible for the fraudulent use of the User account by a third party. It is up to the User to take all the necessary precautions so that his account is not the object of fraudulent use.

;6.3. Limitation of liability for access to the Game.

6.3.1. The User recognizes that the availability of the Game depends on the Platform. The User can consult the conditions of use of this one via the following link https://store.steampowered.com/subscriber_agreement/english/. GEISTERLAND commits itself to do its best efforts to help the Platform to secure the access, the consultation and the use of the Game in accordance with the rules of uses of Internet.
6.3.2. In order to use all the functionalities of the GEISTERLAND Services, devices such as mobile devices, require a WIFI or Internet (mobile) connection. Access to such a WIFI or Internet (mobile) connection is the sole responsibility of the User. The User must ensure that the browser on his/her (mobile) device meets the minimum requirements. If his browser does not meet these minimum requirements, GEISTERLAND cannot guarantee that the Game or all its parts will function correctly.

6.3.3. Consequently, the responsibility of GEISTERLAND cannot be committed in the following cases:
Momentary interruptions for the update of certain files.
Difficulties of functioning or momentary interruption of the Game independently of the will of GEISTERLAND notably in case of interruption of the electricity or telecommunication services.
Momentary interruptions of the Game necessary to its evolution or maintenance.
Failure or dysfunction of the Internet network in the transmission of messages.
6.3.4. The User declares that he/she accepts the characteristics and limits of the Internet, and in particular acknowledges:
that he/she is aware of the nature of the Internet, in particular its technical performance and the response times for consulting, querying or transferring Information.
that the communication of any access codes or, in general, any information deemed confidential is done under his own responsibility.
that it is up to him to take all necessary measures to ensure that the technical characteristics of his computer allow the consultation of the Information on the Platform.
that it is up to the User to take all appropriate measures to protect its own data and/or software from contamination by any viruses circulating on the Platform.

;6.4. Generalities.

6.4.1. GEISTERLAND will not be able to be held of any damage which would not result from its fraud or its gross fault.

6.4.2. In any case, GEISTERLAND will not be able to be held responsible in any case:
of any direct or indirect damage, notably with regard to loss of profits, loss of earnings, loss of clientele, loss of data that could, among other things, result from the use of the Game, or on the contrary from the impossibility of its use,
the content of advertisements and other links or external sources accessible by the User from the Platform's sites.

;Article 7. HYPERLINKS:

7.1. Web spaces outside of the Game's domains and sub-domains and, in particular, web spaces to which Users may be referred via hyperlinks on the Platform and Game pages remain the sole responsibility of the owners of those web spaces.

7.2. GEISTERLAND cannot, in fact, exercise any permanent control over these web spaces, nor accept any responsibility for their content. The insertion of these links does not imply any approval by GEISTERLAND of the elements contained in the Platform.

7.3. GEISTERLAND therefore declines all responsibility for the material and data of any kind contained in or disseminated on these web spaces to which reference is made and for the processing of personal data carried out there.

;Article 8. SUSPENSION - DELETION OF ACCOUNT:

8.1. Any person who violates or attempts to violate the Terms and Conditions may have their access to the Game suspended, limited or terminated without notice.

8.2. Although GEISTERLAND has no legal obligation to monitor any User content made available on the Game and the Platform, Geisterland reserves the right to remove, edit and/or block any User content at any time, and to immediately limit or restrict access to any User content, for any reason and without liability, if GEISTERLAND has reason to believe, in its sole discretion, that such content violates or may violate the rights of any third party, has been provided in violation of this Agreement, or any applicable law, or is otherwise unacceptable to the Company.

8.3. Any User can ask at any time to unsubscribe from the Platform and delete his account in accordance with the terms of use of the latter, available here: https://store.steampowered.com/subscriber_agreement/english/.

8.4. No indemnity can be claimed by the User or any other third party to GEISTERLAND because of the refusal, suspension or temporary or definitive interruption of all or part of the services or of the access to the Platform.

;Article 9. PROTECTION OF PERSONAL DATA:

9.1. GEISTERLAND intends to comply with REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter referred to as GDPR).

9.2. GEISTERLAND, when processing data, can be qualified as a Data Controller in the sense of the GDPR.

9.2.1. What Data is collected and for what purpose does the Data Controller retain this User Data?

GEISTERLAND does not collect data in the context of the Game. Only the Platform and Unity ( the development environment) collect data.

For more information on the data processing carried out by the Platform and Unity, the User can consult its privacy policy via the following links:
https://store.steampowered.com/privacy_agreement/english/
https://unity3d.com/fr/legal/privacy-policy

GEISTERLAND wishes to underline that, even if it is not responsible for the processing of the data treated by the aforementioned Platform, GEISTERLAND has chosen its partners with care. It has consequently assured itself of the respect of the General Regulation on the protection of the data the Platform before calling upon it.

However, GEISTERLAND will not be able to be held in case of non-observance of the Regulation by the Platform.

If GEISTERLAND decided to collect data, the collection would answer the principles of the RGPD, that is to say that it would be done for determined purposes and that it would rest on one of the legal bases envisaged in article 6 of the RGPD.

9.2.2. How long is the data kept?

GEISTERLAND does not store the data.

9.2.3. Who collects the data?

The data is collected by the Platform and Unity.

;9.2.4. How is the data collected and why do we collect the data? With whom is the data shared?

The User can consult the privacy policy of the Platform and Unity (https://store.steampowered.com/privacy_agreement/english/ and
https://unity3d.com/fr/legal/privacy-policy) since GEISTERLAND does not collect any data.

9.2.5. What rights does the User have?

Depending on the type of processing carried out on the personal data, the Data Subject may exercise several of the following rights:

A. Right to information
Any Person concerned by the Personal Data has a right to information concerning the Data collected. It is in particular through this Privacy Policy that the Data Controller wishes to provide this information.

A Data Subject who wishes to obtain more information about the Personal Data collected may be denied this request in the following cases:
a) The Data Subject already has this information
b) If the request requires disproportionate or impossible efforts
c) If the provision of such information would seriously undermine the purpose of the processing.

B. Right of access
Any Data Subject has a right of access to his/her Personal Data.
To do so, the Data Subject must make a request to the relevant department of the Data Controller so that the latter can provide details of the precise Data held about him or her, subject to the rights and freedoms of others which cannot be affected.

A reply must be given within one month of the request made by the Person concerned. However, this deadline may be extended by an additional month depending on the complexity and number of requests. In the latter case, the Person concerned will be informed within one month of his/her request for access.

The Data Controller is entitled to demand the payment of "reasonable costs" in relation to the administrative costs incurred in producing these documents in the event that the request is excessively recurrent, unfounded or manifestly intended to abuse this right of access.;

C. Right of rectification
Any Data Subject has the right to obtain from the Data Controller, as soon as possible, the rectification of Personal Data concerning him or her that are inaccurate.

The Data Subject may also request that incomplete data be completed, in particular by providing an additional declaration.

The Data Controller will notify the Data Subject of the completion of this procedure.

D. Right to erasure
The Data Subject shall be entitled to the right to erasure of his/her Data as soon as one of the following reasons arises:

The Data is no longer necessary for the purposes for which it was collected or processed by the Data Controller
The Data Subject wishes to withdraw his or her consent and there is no other legal basis for such processing
The Data Subject objects to the processing necessary for the purposes of the legitimate interests pursued by the Controller or by a third party
The Data Subject has the right to object and makes use of this right
The Data has been processed unlawfully
The Data must be erased in order to comply with a legal obligation provided for by Union law or by the law of the Member State to which the Controller is subject

In connection with such a request, the Controller shall take reasonable steps to erase such Data within one month of the request.

The Data Controller shall notify the Data Subject of the completion of such steps.

In the event that the Data Controller does not wish to comply with the request, reasons will be given for the refusal.

The right to erasure does not apply insofar as the processing of such data is necessary :

to exercise the right to freedom of expression and information
to comply with a legal obligation which requires the processing and which is provided for by Union law or by the law of the Member State to which the data controller is subject, or to carry out a task carried out in the public interest or in the exercise of official authority vested in the data controller
for the establishment, exercise or defence of legal claims
for archival or statistical purposes as provided for in Article 89 of the GDPR.

;E. Right to the limitation of processing
The Data Subject has the right to obtain from the Controller the restriction of processing where one of the following applies:

the accuracy of the Personal Data is contested by the Data Subject, for a period of time allowing the Controller to verify the accuracy of the Personal Data
the processing is unlawful and the Data Subject objects to the erasure of the Personal Data and demands instead the restriction of its use
the Controller no longer needs the Personal Data for the purposes of the processing, but the Data are still necessary for the Data Subject for the establishment, exercise or defense of legal claims
the Data Subject has objected to the processing by virtue of his or her right to object, while the verification of whether the legitimate grounds pursued by the Controller prevail over those of the Data Subject is under way.

This request for restriction implies that the Personal Data may, with the exception of storage, only be processed with the consent of the Data Subject, or for the establishment, exercise or defence of legal claims, or for the protection of the rights of another natural or legal person, or on important grounds of public interest of the Union or of a Member State.

The Data Controller will notify the Data Subject of this.

;F. Right to portability
Where the processing of the Personal Data of the Data Subject is based on the consent given by the Data Subject, or on a contract, and such processing is carried out by means of automated processes, and provided that the data has not been anonymized, the Data Subject may request to receive such data in a structured, commonly used and machine-readable format.

The Data Subject may pass on the data to another controller, without the Controller being able to prevent this.

G. Right to object
The Data Subject has the right to object at any time, on grounds relating to his or her particular situation, to processing of Personal Data concerning him or her that is based on the public interest or the legitimate interest of the Controller, including profiling based on such interests.

The Data Subject may also object to the processing of Data based on his/her consent or on a contract, provided that the data has been collected for prospecting purposes or for archival and statistical purposes.

The Data Controller will no longer process such data, unless he can demonstrate compelling legitimate grounds for the processing that override the interests and rights and freedoms of the Data Subject, or for the establishment, exercise or defence of legal claims.

H. How to assert these rights?

A request for information can be made internally by contacting Steam and/or Unity.

In the event that the follow-up given to your request is not satisfactory, you can always exercise any of the rights provided for above, or lodge a complaint with the Data Protection Authority.

You can contact it in the following ways:

By telephone: (+32) (0)2 274 48 00
E-mail: contact@apd-gba.be
Online contact form: https://www.autoriteprotectiondonnees.be/introduire-une-requete-une-plainte
By mail: Data Protection Authority, Rue de la Presse 35, 1000 Brussels, Belgium
Fax: (+32) (0)2 274 48 35.

;Article 10. PARTIAL INVALIDITY

10.1. If one of the clauses or provisions of the Conditions proves to be null and void or unenforceable due to the application of a law or a rule enacted by a jurisdiction, the contract shall not be considered null and void.

10.2. In such event, the contract shall be construed to limit the application of such clause or provision to those measures which are necessary to render the contract valid and enforceable, or to the extent that the court of competent jurisdiction finds that such limitation cannot be enforced, such contract shall be construed and enforced as if such illegal and unenforceable clause had never been contained in these terms and conditions.

Article 11. APPLICABLE LAW AND JURISDICTION.

11.1. All disputes associated with or arising from the Game and its use shall be exclusively subject to Belgian law. The courts of the judicial district of LIEGE shall have exclusive jurisdiction for this purpose.

11.2. Use of the Game is not permitted in countries where these provisions, including this paragraph, do not apply.

11.3. If you do not agree with the content of the Conditions, your only recourse is to stop using the Game.

Privacy agreement:

This software is the indie game Geisterland, which was made with Unity. Unity collects some information on your system. To access your data management page, click on the 'open data privacy page' button in the 'Data privacy Setting' page accessible through the game menu.

After starting th game, Unity will have collected some or all of the following information about your device: unique device identifiers (e.g., IDFV for iOS devices and Android ID for Android devices); IP address; country of install (mapped from IP address); device manufacturer and model platform type (iOS, Android, Mac, Windows, etc.) and the operating system and version running on your system or device; language; CPU information such as model, the number of CPUs present, frequency, and instruction set support flags; the graphics card type and vendor name; graphics card driver name and version (e.g., “nv4disp.dll 6.10.93.71”); which graphics API is in use (e.g., “OpenGL 2.1” or “Direct3D 9.0c”); amount of system and video RAM present; current screen resolution; version of the Unity Editor used to create the game; sensor flags (e.g., device support for gyroscope, touch pressure or accelerometer); application or bundle identification (“app ID”) of the game installed; unique advertising identifiers provided for iOS and Android devices (e.g., IDFA or Android Ad ID); and a checksum of all the data that gets sent to verify that it transmitted correctly.