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END USER LICENSE AGREEMENT
This End User License Agreement (hereinafter referred to as the "EULA") binds you to SUPERCUBE. Please read it carefully before installing, downloading, accessing or using any of our Products.
The EULA sets forth the terms and conditions under which you are permitted to install and/or use the video game, its patches, updates and associated services (hereinafter collectively the "Product") published and/or provided by Supercube, SAS ("SUPERCUBE" or "We"). You can contact us by sending an email at : contact@thepioneersgame.com
1. ACCEPTANCE OF THE CLUF
By installing or using the Product, you agree to be bound by these terms. If you do not agree with any of these provisions, please do not install or use the Product. To enter into this agreement, you must be of legal age in your country of residence.
SUPERCUBE reserves the right to change, modify, add or remove sections and any term of the EULA at any time. By installing and/or continuing to use any updates or modifications to the Product or by continuing to use the Product after notice of a change to the EULA, you agree to all such changes to the terms of the EULA.
Before installing this Product, please ensure that your computer device meets the minimum system requirements for proper operation of this Product.
The terms of the EULA do not exclude the terms governing your use of any third party software product. Such third party software may be embedded in the media containing this Product or may be downloaded within the software package containing the Product and may be required to use certain features of this Product. Such use of which may be subject to your acceptance of and compliance with other third party end user license agreements.
2. NATURE OF NON-EXCLUSIVE LICENSE
Subject to your compliance with the EULA, SUPERCUBE hereby grants you a non-exclusive, non-transferable, non-commercial, non-sublicensable and personal license to install and use the Product, or any updates and patches offered free of charge by SUPERCUBE, until you or SUPERCUBE terminate the EULA. In accordance with and without intending to limit the provisions set forth herein, duplication, copying or any form of reproduction of the Product or related information, documents or other content on any server or location for the purpose of duplication, copying or any other form of reproduction is prohibited.
You may not use, or permit others to use, the Product or this License for any commercial purpose without obtaining a license to do so from SUPERCUBE.
Downloading the Product is only allowed from an authorized source. It is forbidden to make the Product available on a network where it can be downloaded by others, such prerogatives being those of SUPERCUBE.
All rights not expressly granted under the EULA are reserved by SUPERCUBE and, if applicable, its Licensors.
This license does not convey to you any title or ownership rights in the Product and shall not be construed as a sale or transfer of any intellectual property rights in the Product.
All right, title and interest in and to the Product including all copyrights, trademarks and intellectual property associated with and/or related to the Product and all copies (including, but not limited to, patches, updates, copies, derivative works, titles and computer code), themes, objects, characters, character names, stories, dialogues, catchphrases, locations, concepts, illustrations, images, animations, sounds, music, audio-visual effects, texts, methods of operation, game mechanics, game design or level design, and all related documentation belong to SUPERCUBE or its assigns.
The Product is protected by national and international laws, treaties and conventions on intellectual property rights including literary and artistic property rights and industrial property rights.
3. SCOPE OF THE LICENSE
You agree to use the Product, or any part thereof, only in a manner consistent with the EULA, and you shall not, directly or indirectly:
- sell, rent, lease, license, distribute, market, commercially exploit, use, export or re-export the Product or any part thereof in violation of any applicable law or regulation;
- use the Product for promotional purposes, without the prior consent of SUPERCUBE;
- copy, reproduce, distribute, display, use or create derivative works of the Product without being expressly authorized in the EULA;
- reverse engineer, derive the source code, modify, decompile, disassemble, copy all or part of the Product;
- remove, modify, disable, circumvent, any copyright, trademark, proprietary notice, security technology or technical protection measures from the Product;
- Create, develop, distribute or use any unauthorised software or method to gain an advantage in any online or other game mode;
- behave in a manner that is detrimental to the enjoyment of the Product by other users (e.g. harass or threaten other users, use abusive or offensive language, sabotage a game, transmit or spread a virus, trojan horse, worm, bomb, corrupted file or data, spamming, social engineering, phishing, scamming, cheating...).
4. DIGITAL RIGHTS MANAGEMENT
The Product may be protected by technical protection measures. Disabling, circumventing or modifying these measures is a violation of this EULA, in addition to potentially affecting the normal operation of the Product.
You agree and acknowledge that :
- the number of installations or activations of the Product may be limited ;
- certain files and/or data may be downloaded to your device and certain information may be collected for the purpose of authenticating the Product;
- an Internet connection may be required to use the Product;
- some downloaded files or data may remain active after uninstalling the Product.
5. WARRANTY AND LIABILITY
The Product is provided "as is".
To the extent permitted by law, SUPERCUBE and its assignees make no warranty of any kind with respect to the Product as to:
(a) its compliance, accuracy, timeliness, completeness, reliability or safety
(b) its fitness for a particular purpose
(c) implied warranties of title and non-infringement;
(d) its merchantability;
(e) your satisfaction.
SUPERCUBE does not warrant that the Product will be uninterrupted, free of bugs or errors or that defects will be corrected. You assume full responsibility for the use of the Product to achieve the results you expect as well as for its installation, use and the results you obtain from it.
To the extent permitted by applicable law, SUPERCUBE shall in no event be liable for any loss or damage suffered in connection with the use of the Product or any related third party service. This includes in particular all damages of any kind, whether they result from tort (including negligence and non-performance of a legal obligation), contract, misrepresentation (accidental or negligent), direct and indirect, incidental or consequential damages.
The maximum liability of SUPERCUBE and its licensors with respect to this EULA or the use or attempted use of this Product shall be limited to the purchase price actually paid by you for this Product.
Some countries or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability described above. In this case, the above conditions do not apply to you. In such jurisdictions, the foregoing exclusions and limitations apply only to the extent permitted by the laws of such jurisdictions. In addition, you may have additional legal rights within your jurisdiction and nothing in this Agreement shall affect any rights you may have as a consumer of the Product.
You hereby agree to indemnify SUPERCUBE and its Licensors against any and all claims, costs and expenses (including attorneys' fees) resulting, directly or indirectly, from your actions and/or omissions during the use of the Product that do not comply with the terms and conditions of the EULA.
6. LEGAL GUARANTEE OF CONFORMITY (EU RESIDENTS ONLY)
As a resident of the European Union, you may benefit from the legal guarantee of conformity of your country of residence under Directive (EU) 2019/770 on certain aspects of contracts for digital content.
7. TERMINATION
The EULA remains in effect until terminated. You may terminate the EULA, at any time, by deleting or uninstalling the Product from your media by destroying the Product in your possession.
The EULA will be automatically terminated by SUPERCUBE if you fail to comply with any of the terms and conditions of the present agreement, after a formal notice has remained unsuccessful within a period of eight days, except in the case of a particularly serious breach. In the event of termination for any reason whatsoever, you must immediately uninstall the Product and destroy all copies of the Product in your possession.
In any case, the termination of the EULA will not give rise to any refund of the Product by SUPERCUBE.
All provisions of this EULA relating to warranties, limitations of liability, remedies and damages shall survive termination, to the extent provided by mandatory provisions of applicable law.
You acknowledge that you have been informed that the infringement of an intellectual property right of SUPERCUBE may result in the immediate termination of the EULA. In particular, the sale or provision of content from the Product to third parties, via social forums or via any other means, shall result in the immediate termination of the present EULA, without prejudice to SUPERCUBE's right to sue the infringing player.
8. REGULATORY WARNING REGARDING THE RISK OF EPILEPSY
To be read before any use of a video game by you or your child.
I. - Precautions to be taken in all cases when using a video game.
Avoid playing if you are tired or lack sleep.
Make sure you play in a well-lit room by moderating the brightness of your screen.
When using a video game that may be connected to a monitor, play away from the TV screen and as far away as the connection cord allows.
During use, take breaks of ten to fifteen minutes every hour.
II. - Epilepsy warning.
Some people are susceptible to epileptic seizures, which may include loss of consciousness at the sight of, for example, certain types of strong light stimuli: rapid succession of images or repetition of simple geometric figures, lightning or explosions. These people are at risk of seizures when they play certain video games with such stimuli, even though they have no medical history or have never been prone to seizures themselves. If you or a member of your family has ever experienced epilepsy-related symptoms (seizures or loss of consciousness) in the presence of light stimuli, consult your doctor before use.
Parents should also be especially careful with their children when they play video games. If you or your child experiences any of the following symptoms: dizziness, blurred vision, eye or muscle twitching, disorientation, involuntary movement or seizure, or momentary loss of consciousness, stop playing immediately and consult a doctor.
9. MISCELLANEOUS
This EULA represents the legal agreement between you and SUPERCUBE regarding the Product and supersedes all prior agreements between you and SUPERCUBE on the same subject matter.
If any portion of the EULA is held invalid or unenforceable under applicable law, including, but not limited to, the warranty disclaimers and limitations of liability set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, balanced provision that best matches the intent of the original provision and the remainder of the EULA will continue in effect.
The single or partial exercise of any such right or remedy shall not preclude or restrict the further exercise of that or any other right or remedy.
SUPERCUBE may assign this Agreement, in whole or in part, at any time. However, you may not assign, transfer or sublicense any or all of your rights or obligations under the EULA without the prior written consent of SUPERCUBE.
In addition to any reason provided by applicable law, we shall be relieved of any liability for non-delivery or delay in delivery of the Product resulting from any event beyond our reasonable control, whether or not foreseeable by either party, including, but not limited to, civil unrest, war, terrorism, fire, denial of service attacks, Internet failures, accidents, inclement weather, inability to provide transportation, governmental actions or regulations, and other causes or events beyond our reasonable control, whether or not similar to those listed above.
The Product is intended for use and should only be used in countries where such use is legally permitted.
In the event of any claim or action relating to or arising out of this EULA, and after an attempt has been made to find an amicable solution, the following rules shall apply, notwithstanding multiple defendants or third party claims, even for emergency or conservatory proceedings, summary proceedings or by petition:
This EULA is governed by French law and jurisdiction is expressly attributed to the French courts. If you are a resident of the European Union, you may, in accordance with Article 14 of Regulation (EU) No. 524/2013, access the Online Dispute Resolution platform set up by the European Commission and facilitating the independent settlement by extrajudicial means of online disputes between consumers and professionals in the European Union. This platform is accessible at the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR .
10 . PROVISIONS SPECIFIC TO CONTENT CREATED OR PERSONALISED BY THE USER
10.1 Some Products, via SUPERCUBE's online services ("Online Service") may give you access to various tools that allow you to create your own content ("User Content") and share it. The User Content cannot be used outside the Product and the Online Service.
When the Product allows the sharing of User Content or interaction with other third party websites and/or online services ("Third Party Sites"), you agree to comply with the terms of use of the Third Party Sites in question and SUPERCUBE is not responsible for their content. You agree to indemnify and hold SUPERCUBE harmless from any and all liability relating to any breach by you of the terms of use of the Third Party Site and from any and all damages, direct or indirect, that may result therefrom.
You agree that the Product and/or the online Service may record your User Content as well as your statistics and other data, anonymously or not. The recorded data only concerns the Product. When games are recorded and when the Product provides for it, you authorize other players to consult them via an interface inside or outside the Product.
You grant SUPERCUBE a royalty-free license to use all online User Content that you create or share during your use of the Product and/or the online Service, on an unlimited and irrevocable basis, for the entire duration of the rights to such content, without any restriction, on all media, formats and forms, now known or hereafter devised, that may be licensed, transferred, rented, made available to the public, publicly performed and on a worldwide basis, for any purpose and on any media. This license includes, but is not limited to, the rights to copy, modify, reproduce in whole or in part, adapt, develop, translate, port to any medium, incorporate into other works, extract material in whole or in part and/or add material to and delete material from the Product, publish, distribute, sell and market the User Content online and/or within the Product. Notwithstanding the foregoing, you acknowledge and agree that any User Content you create may include property and/or materials owned by SUPERCUBE or its assigns, and that nothing in the EULA confers a transfer of rights (including any Intellectual Property rights) in such property and materials, which shall continue to be owned by SUPERCUBE or its assigns.
SUPERCUBE is not bound to exercise any control or evaluation of the User Content. In this respect, you declare and accept that you are fully and entirely responsible for the User Content and that SUPERCUBE cannot be held liable for the latter. You are solely responsible for the comments, opinions or remarks expressed in the User Content, which do not represent in any way those of SUPERCUBE. In particular, and without limiting the scope of the foregoing provision, SUPERCUBE shall not be held liable for any comments, opinions or remarks expressed in any User Content, or for the infringement of any intellectual property right held by a third party, and shall not be held liable in this respect.
SUPERCUBE does not guarantee or make any representation as to the accuracy, timeliness or validity of the information or elements contained in the User Content or in the online Service and shall not be held liable for any loss or damage caused by the use of such elements.
SUPERCUBE reserves the right for any reason and at its sole discretion to delete, restrict, suspend or modify your account, directly or indirectly, and your User Content (as well as the ability to share or create User Content online), due to a use of your account or User Content that does not comply with the provisions of this License Agreement.
10.2 Certain Products allow you to create and customise games, levels, maps, scenarios, and other content ("Mods") that can be used and shared as part of the Product and/or the Online Service.
You are solely responsible for the use and sharing of the Mods you create, and must in any case respect the terms of this License Agreement when creating/using/sharing a Mod.
In this respect, SUPERCUBE shall not be held responsible, without limitation, for any alteration of the quality of the Product, for any alteration or loss of your User Content when creating/using/sharing a Mod, or for the infringement of any intellectual property right held by a third party.
You shall not use the Mods outside the Product in which they were generated for any purpose or in any way whatsoever to extract them from the Program. In general, you shall not extract any component of the Product from the latter.
You hereby grant SUPERCUBE, for the whole world, an exclusive, irrevocable, fully transferable and sub-licensable right to use in any way whatsoever, for commercial, promotional or free exploitation of your Mods, including, but not limited to, the rights of reproduction, representation, copying, adaptation, modification, performance, display, editing, broadcast, transmission or communication to the general public in any manner whatsoever, whether known or unknown, and to distribute your contributions without any prior notice or compensation for the full term of the protection afforded by intellectual property rights under international laws and conventions. You hereby waive, and agree never to claim, any moral rights of authorship, publication, reputation or attribution on the use of the Mods, by SUPERCUBE, its assigns or other players. Notwithstanding the foregoing, you acknowledge and agree that any Mods you create may include property and elements belonging to SUPERCUBE and/or its Licensors, and that nothing in this License Agreement or otherwise confers a transfer of rights (including any Intellectual Property Rights) in such Mods, which shall remain the property of SUPERCUBE.
10.3 In any case, you agree without reservation to grant SUPERCUBE the exclusive right to reproduce, represent, modify, adapt, use and exploit, on any media, in any format, in any territory and for the whole duration of the rights, any Mod and User Content of your creation that may be protected by an intellectual property right.
This End User License Agreement (hereinafter referred to as the "EULA") binds you to SUPERCUBE. Please read it carefully before installing, downloading, accessing or using any of our Products.
The EULA sets forth the terms and conditions under which you are permitted to install and/or use the video game, its patches, updates and associated services (hereinafter collectively the "Product") published and/or provided by Supercube, SAS ("SUPERCUBE" or "We"). You can contact us by sending an email at : contact@thepioneersgame.com
1. ACCEPTANCE OF THE CLUF
By installing or using the Product, you agree to be bound by these terms. If you do not agree with any of these provisions, please do not install or use the Product. To enter into this agreement, you must be of legal age in your country of residence.
SUPERCUBE reserves the right to change, modify, add or remove sections and any term of the EULA at any time. By installing and/or continuing to use any updates or modifications to the Product or by continuing to use the Product after notice of a change to the EULA, you agree to all such changes to the terms of the EULA.
Before installing this Product, please ensure that your computer device meets the minimum system requirements for proper operation of this Product.
The terms of the EULA do not exclude the terms governing your use of any third party software product. Such third party software may be embedded in the media containing this Product or may be downloaded within the software package containing the Product and may be required to use certain features of this Product. Such use of which may be subject to your acceptance of and compliance with other third party end user license agreements.
2. NATURE OF NON-EXCLUSIVE LICENSE
Subject to your compliance with the EULA, SUPERCUBE hereby grants you a non-exclusive, non-transferable, non-commercial, non-sublicensable and personal license to install and use the Product, or any updates and patches offered free of charge by SUPERCUBE, until you or SUPERCUBE terminate the EULA. In accordance with and without intending to limit the provisions set forth herein, duplication, copying or any form of reproduction of the Product or related information, documents or other content on any server or location for the purpose of duplication, copying or any other form of reproduction is prohibited.
You may not use, or permit others to use, the Product or this License for any commercial purpose without obtaining a license to do so from SUPERCUBE.
Downloading the Product is only allowed from an authorized source. It is forbidden to make the Product available on a network where it can be downloaded by others, such prerogatives being those of SUPERCUBE.
All rights not expressly granted under the EULA are reserved by SUPERCUBE and, if applicable, its Licensors.
This license does not convey to you any title or ownership rights in the Product and shall not be construed as a sale or transfer of any intellectual property rights in the Product.
All right, title and interest in and to the Product including all copyrights, trademarks and intellectual property associated with and/or related to the Product and all copies (including, but not limited to, patches, updates, copies, derivative works, titles and computer code), themes, objects, characters, character names, stories, dialogues, catchphrases, locations, concepts, illustrations, images, animations, sounds, music, audio-visual effects, texts, methods of operation, game mechanics, game design or level design, and all related documentation belong to SUPERCUBE or its assigns.
The Product is protected by national and international laws, treaties and conventions on intellectual property rights including literary and artistic property rights and industrial property rights.
3. SCOPE OF THE LICENSE
You agree to use the Product, or any part thereof, only in a manner consistent with the EULA, and you shall not, directly or indirectly:
- sell, rent, lease, license, distribute, market, commercially exploit, use, export or re-export the Product or any part thereof in violation of any applicable law or regulation;
- use the Product for promotional purposes, without the prior consent of SUPERCUBE;
- copy, reproduce, distribute, display, use or create derivative works of the Product without being expressly authorized in the EULA;
- reverse engineer, derive the source code, modify, decompile, disassemble, copy all or part of the Product;
- remove, modify, disable, circumvent, any copyright, trademark, proprietary notice, security technology or technical protection measures from the Product;
- Create, develop, distribute or use any unauthorised software or method to gain an advantage in any online or other game mode;
- behave in a manner that is detrimental to the enjoyment of the Product by other users (e.g. harass or threaten other users, use abusive or offensive language, sabotage a game, transmit or spread a virus, trojan horse, worm, bomb, corrupted file or data, spamming, social engineering, phishing, scamming, cheating...).
4. DIGITAL RIGHTS MANAGEMENT
The Product may be protected by technical protection measures. Disabling, circumventing or modifying these measures is a violation of this EULA, in addition to potentially affecting the normal operation of the Product.
You agree and acknowledge that :
- the number of installations or activations of the Product may be limited ;
- certain files and/or data may be downloaded to your device and certain information may be collected for the purpose of authenticating the Product;
- an Internet connection may be required to use the Product;
- some downloaded files or data may remain active after uninstalling the Product.
5. WARRANTY AND LIABILITY
The Product is provided "as is".
To the extent permitted by law, SUPERCUBE and its assignees make no warranty of any kind with respect to the Product as to:
(a) its compliance, accuracy, timeliness, completeness, reliability or safety
(b) its fitness for a particular purpose
(c) implied warranties of title and non-infringement;
(d) its merchantability;
(e) your satisfaction.
SUPERCUBE does not warrant that the Product will be uninterrupted, free of bugs or errors or that defects will be corrected. You assume full responsibility for the use of the Product to achieve the results you expect as well as for its installation, use and the results you obtain from it.
To the extent permitted by applicable law, SUPERCUBE shall in no event be liable for any loss or damage suffered in connection with the use of the Product or any related third party service. This includes in particular all damages of any kind, whether they result from tort (including negligence and non-performance of a legal obligation), contract, misrepresentation (accidental or negligent), direct and indirect, incidental or consequential damages.
The maximum liability of SUPERCUBE and its licensors with respect to this EULA or the use or attempted use of this Product shall be limited to the purchase price actually paid by you for this Product.
Some countries or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability described above. In this case, the above conditions do not apply to you. In such jurisdictions, the foregoing exclusions and limitations apply only to the extent permitted by the laws of such jurisdictions. In addition, you may have additional legal rights within your jurisdiction and nothing in this Agreement shall affect any rights you may have as a consumer of the Product.
You hereby agree to indemnify SUPERCUBE and its Licensors against any and all claims, costs and expenses (including attorneys' fees) resulting, directly or indirectly, from your actions and/or omissions during the use of the Product that do not comply with the terms and conditions of the EULA.
6. LEGAL GUARANTEE OF CONFORMITY (EU RESIDENTS ONLY)
As a resident of the European Union, you may benefit from the legal guarantee of conformity of your country of residence under Directive (EU) 2019/770 on certain aspects of contracts for digital content.
7. TERMINATION
The EULA remains in effect until terminated. You may terminate the EULA, at any time, by deleting or uninstalling the Product from your media by destroying the Product in your possession.
The EULA will be automatically terminated by SUPERCUBE if you fail to comply with any of the terms and conditions of the present agreement, after a formal notice has remained unsuccessful within a period of eight days, except in the case of a particularly serious breach. In the event of termination for any reason whatsoever, you must immediately uninstall the Product and destroy all copies of the Product in your possession.
In any case, the termination of the EULA will not give rise to any refund of the Product by SUPERCUBE.
All provisions of this EULA relating to warranties, limitations of liability, remedies and damages shall survive termination, to the extent provided by mandatory provisions of applicable law.
You acknowledge that you have been informed that the infringement of an intellectual property right of SUPERCUBE may result in the immediate termination of the EULA. In particular, the sale or provision of content from the Product to third parties, via social forums or via any other means, shall result in the immediate termination of the present EULA, without prejudice to SUPERCUBE's right to sue the infringing player.
8. REGULATORY WARNING REGARDING THE RISK OF EPILEPSY
To be read before any use of a video game by you or your child.
I. - Precautions to be taken in all cases when using a video game.
Avoid playing if you are tired or lack sleep.
Make sure you play in a well-lit room by moderating the brightness of your screen.
When using a video game that may be connected to a monitor, play away from the TV screen and as far away as the connection cord allows.
During use, take breaks of ten to fifteen minutes every hour.
II. - Epilepsy warning.
Some people are susceptible to epileptic seizures, which may include loss of consciousness at the sight of, for example, certain types of strong light stimuli: rapid succession of images or repetition of simple geometric figures, lightning or explosions. These people are at risk of seizures when they play certain video games with such stimuli, even though they have no medical history or have never been prone to seizures themselves. If you or a member of your family has ever experienced epilepsy-related symptoms (seizures or loss of consciousness) in the presence of light stimuli, consult your doctor before use.
Parents should also be especially careful with their children when they play video games. If you or your child experiences any of the following symptoms: dizziness, blurred vision, eye or muscle twitching, disorientation, involuntary movement or seizure, or momentary loss of consciousness, stop playing immediately and consult a doctor.
9. MISCELLANEOUS
This EULA represents the legal agreement between you and SUPERCUBE regarding the Product and supersedes all prior agreements between you and SUPERCUBE on the same subject matter.
If any portion of the EULA is held invalid or unenforceable under applicable law, including, but not limited to, the warranty disclaimers and limitations of liability set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, balanced provision that best matches the intent of the original provision and the remainder of the EULA will continue in effect.
The single or partial exercise of any such right or remedy shall not preclude or restrict the further exercise of that or any other right or remedy.
SUPERCUBE may assign this Agreement, in whole or in part, at any time. However, you may not assign, transfer or sublicense any or all of your rights or obligations under the EULA without the prior written consent of SUPERCUBE.
In addition to any reason provided by applicable law, we shall be relieved of any liability for non-delivery or delay in delivery of the Product resulting from any event beyond our reasonable control, whether or not foreseeable by either party, including, but not limited to, civil unrest, war, terrorism, fire, denial of service attacks, Internet failures, accidents, inclement weather, inability to provide transportation, governmental actions or regulations, and other causes or events beyond our reasonable control, whether or not similar to those listed above.
The Product is intended for use and should only be used in countries where such use is legally permitted.
In the event of any claim or action relating to or arising out of this EULA, and after an attempt has been made to find an amicable solution, the following rules shall apply, notwithstanding multiple defendants or third party claims, even for emergency or conservatory proceedings, summary proceedings or by petition:
This EULA is governed by French law and jurisdiction is expressly attributed to the French courts. If you are a resident of the European Union, you may, in accordance with Article 14 of Regulation (EU) No. 524/2013, access the Online Dispute Resolution platform set up by the European Commission and facilitating the independent settlement by extrajudicial means of online disputes between consumers and professionals in the European Union. This platform is accessible at the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR .
10 . PROVISIONS SPECIFIC TO CONTENT CREATED OR PERSONALISED BY THE USER
10.1 Some Products, via SUPERCUBE's online services ("Online Service") may give you access to various tools that allow you to create your own content ("User Content") and share it. The User Content cannot be used outside the Product and the Online Service.
When the Product allows the sharing of User Content or interaction with other third party websites and/or online services ("Third Party Sites"), you agree to comply with the terms of use of the Third Party Sites in question and SUPERCUBE is not responsible for their content. You agree to indemnify and hold SUPERCUBE harmless from any and all liability relating to any breach by you of the terms of use of the Third Party Site and from any and all damages, direct or indirect, that may result therefrom.
You agree that the Product and/or the online Service may record your User Content as well as your statistics and other data, anonymously or not. The recorded data only concerns the Product. When games are recorded and when the Product provides for it, you authorize other players to consult them via an interface inside or outside the Product.
You grant SUPERCUBE a royalty-free license to use all online User Content that you create or share during your use of the Product and/or the online Service, on an unlimited and irrevocable basis, for the entire duration of the rights to such content, without any restriction, on all media, formats and forms, now known or hereafter devised, that may be licensed, transferred, rented, made available to the public, publicly performed and on a worldwide basis, for any purpose and on any media. This license includes, but is not limited to, the rights to copy, modify, reproduce in whole or in part, adapt, develop, translate, port to any medium, incorporate into other works, extract material in whole or in part and/or add material to and delete material from the Product, publish, distribute, sell and market the User Content online and/or within the Product. Notwithstanding the foregoing, you acknowledge and agree that any User Content you create may include property and/or materials owned by SUPERCUBE or its assigns, and that nothing in the EULA confers a transfer of rights (including any Intellectual Property rights) in such property and materials, which shall continue to be owned by SUPERCUBE or its assigns.
SUPERCUBE is not bound to exercise any control or evaluation of the User Content. In this respect, you declare and accept that you are fully and entirely responsible for the User Content and that SUPERCUBE cannot be held liable for the latter. You are solely responsible for the comments, opinions or remarks expressed in the User Content, which do not represent in any way those of SUPERCUBE. In particular, and without limiting the scope of the foregoing provision, SUPERCUBE shall not be held liable for any comments, opinions or remarks expressed in any User Content, or for the infringement of any intellectual property right held by a third party, and shall not be held liable in this respect.
SUPERCUBE does not guarantee or make any representation as to the accuracy, timeliness or validity of the information or elements contained in the User Content or in the online Service and shall not be held liable for any loss or damage caused by the use of such elements.
SUPERCUBE reserves the right for any reason and at its sole discretion to delete, restrict, suspend or modify your account, directly or indirectly, and your User Content (as well as the ability to share or create User Content online), due to a use of your account or User Content that does not comply with the provisions of this License Agreement.
10.2 Certain Products allow you to create and customise games, levels, maps, scenarios, and other content ("Mods") that can be used and shared as part of the Product and/or the Online Service.
You are solely responsible for the use and sharing of the Mods you create, and must in any case respect the terms of this License Agreement when creating/using/sharing a Mod.
In this respect, SUPERCUBE shall not be held responsible, without limitation, for any alteration of the quality of the Product, for any alteration or loss of your User Content when creating/using/sharing a Mod, or for the infringement of any intellectual property right held by a third party.
You shall not use the Mods outside the Product in which they were generated for any purpose or in any way whatsoever to extract them from the Program. In general, you shall not extract any component of the Product from the latter.
You hereby grant SUPERCUBE, for the whole world, an exclusive, irrevocable, fully transferable and sub-licensable right to use in any way whatsoever, for commercial, promotional or free exploitation of your Mods, including, but not limited to, the rights of reproduction, representation, copying, adaptation, modification, performance, display, editing, broadcast, transmission or communication to the general public in any manner whatsoever, whether known or unknown, and to distribute your contributions without any prior notice or compensation for the full term of the protection afforded by intellectual property rights under international laws and conventions. You hereby waive, and agree never to claim, any moral rights of authorship, publication, reputation or attribution on the use of the Mods, by SUPERCUBE, its assigns or other players. Notwithstanding the foregoing, you acknowledge and agree that any Mods you create may include property and elements belonging to SUPERCUBE and/or its Licensors, and that nothing in this License Agreement or otherwise confers a transfer of rights (including any Intellectual Property Rights) in such Mods, which shall remain the property of SUPERCUBE.
10.3 In any case, you agree without reservation to grant SUPERCUBE the exclusive right to reproduce, represent, modify, adapt, use and exploit, on any media, in any format, in any territory and for the whole duration of the rights, any Mod and User Content of your creation that may be protected by an intellectual property right.