| Language: |
End User License Agreement
Dual Universe - Launch version -
Latest update: September 2022
This End User License Agreement (the "License Agreement") is a contract between you, (hereinafter "You") on the one part, and the simplified joint-stock company Novaquark whose registered office is located at 30/32 boulevard de Sébastopol, 75004 Paris, registered in the Paris Trade and Companies Register under number 799791926 ("NOVAQUARK"), on the other part.
DUAL UNIVERSE is a massively multiplayer online game offered by NOVAQUARK (the "Game"). The term "Game" is a generic term for all versions of the DUAL UNIVERSE Game.
The term "Launch Version" refers to the version of the Game, which is made available to the public (the "User" or "Users").
PLEASE READ THIS LICENSE AGREEMENT CAREFULLY BEFORE DOWNLOADING, INSTALLING, ACCESSING OR USING THE GAME. ALL USE OF THE GAME IS SUBJECT TO THE TERMS OF THIS LICENSE AGREEMENT, WHETHER FREE OR PAID. IF YOU DO NOT AGREE TO THIS LICENSE AGREEMENT IN ITS ENTIRETY, YOU MAY NOT USE THE GAME. OTHERWISE, BY ACCEPTING IT, YOU AGREE TO COMPLY FULLY WITH IT.
1. ELIGIBILITY TO ACCEPT THIS License Agreement
Applicable laws in your jurisdiction may require that You be of a certain age to enter into legally binding agreements such as the terms of this License Agreement. If You are underage, You may not use the Game unless your parent or legal guardian has read and accepted this License Agreement. Locally applicable laws may also require that children under the age of 15 be supervised while using the Game. By using the Game, You are guaranteeing that You are old enough to use the Game without supervision. If You are underage, your parent or legal guardian guarantees that they are supervising and monitoring your use of the Game.
2. LICENSING AND ACCESS TO THE GAME
2.1 NOVAQUARK grants You a personal, non-commercial, non-transferable, non-exclusive, time-limited license to install and/or use the Game solely on a device owned and controlled by You, and solely for Your personal use, exclusively for the purpose of playing the Game, to the exclusion of any other use.
2.2 This License Agreement will end upon termination by You or NOVAQUARK. If You wish to use the Game again, You will have to accept the terms of the License Agreement again.
2.3 You are prohibited from decompiling, disassembling or reverse engineering the Game by any means, or altering, modifying, or creating a derivative work of the Game.
2.4 The granting of a license by this License Agreement allows You to play the free version or the paid version of the Game. The free version is located on a separate server that is reset regularly. You may purchase a subscription to the Game offered by NOVAQUARK or an authorized NOVAQUARK reseller for a fixed period of between one and twelve months. Upon expiration of Your purchased subscription, You will no longer be able to access the Online Game unless You purchase a new subscription. Some players who have supported the game since its development may have obtained a perpetual subscription through their supporter pack.
You can also access the Game without a subscription by using digital access coupons (DACs) that are available from other players, or if You have an entitlement through the purchase of a crowdfunding package. Each DAC can be converted into one month of subscription.
3. OWNERSHIP/RIGHTS RESERVED
3.1 The Game is made available to you under the license set out in clause 2.1 above. This License Agreement does not convey to you any title or ownership of the Game or any of its individual components, and shall not be construed as a sale, assignment or any form of transfer of intellectual property rights in connection with the Game.
3.2 All rights, titles, interests and intellectual property rights to the Game are the exclusive property and possession of NOVAQUARK or its licensors.
3.3 You may not remove or alter any mentions of copyright, trademark or other proprietary notices contained in the Game or accompanying materials.
3.4 You may not remove or alter any technical protection measures or rights management information contained in the Game.
3.5 Infringement Policy: NOVAQUARK does not tolerate the Game being used to infringe upon the intellectual property rights of third parties. As part of the Policy on Repeated Infringement of copyright, NOVAQUARK will terminate the account of a User who repeatedly infringes upon the copyrights held by third parties. Such termination automatically revokes the User's right to access the Game and terminates any license granted under this License Agreement.
4. GUARANTEE
4.1 NOVAQUARK'S WARRANTY IS LIMITED TO THE STATUTORY WARRANTIES APPLICABLE IN YOUR JURISDICTION. YOU ASSUME THE SUITABILITY OF THE GAME FOR YOUR NEEDS AND HARDWARE, ACCORDING TO THE MINIMUM CONFIGURATION DISPLAYED ON THE GAME’S WEBSITE[a].
4.2 You agree that by submitting your comments or suggestions regarding the Game, you grant NOVAQUARK a non-exclusive, royalty-free, worldwide, transferable license to any right, title or interest that You may have in your comments and suggestions for the duration of their protection. You also waive any moral rights that may apply. For all countries that do not allow the waiver of moral rights, You consent to the use of your suggestions or comments in the Game or in advertising and promotion of the Game, and agree that such use (or any related or ancillary use) does not constitute a violation of your moral rights.
4.3 All bug reports should be sent to the following address: https://support.dualthegame.com/hc/fr-fr
5. PURCHASE AND PAYMENT OF THE SUBSCRIPTION ON THE SITE
5.1 The subscription price for using the Game is listed on the Game website or authorized reseller during your registration process. The subscription price is the one indicated at the time of subscription to the Game.
5.2 You can take out a subscription for one to twelve months to use the Game, with tacit renewal. Subscription implies acceptance of this License Agreement.
5.3 Payment of the subscription is made via the payment system of Xsolla or Steam or other payment methods as they appear on the website. You are invited to read the General Terms and Conditions of Sale of the provider of the payment solution you choose.
5.4 For annual subscriptions, in accordance with Article L. 215-1 of the French Consumer Code, NOVAQUARK will inform You by email at the earliest three months, and at the latest one month, before the end of the subscription, of the possibility of not renewing it.
5.5 To terminate your subscription, You must follow the following procedure:
You must deactivate the automatic renewal of your subscription by logging into your account on the dualuniverse.game website before the expiration date; then go to My Account/My Products and click on "Deactivate". You will keep access to the game until the end of the subscription and it will not be renewed automatically. If you have any problems, you can contact Customer Support.
5.6 If you do not cancel before the expiration date of your subscription, the subscription will be tacitly renewed for successive periods of the same duration as your initial subscription.
6. CODE OF CONDUCT
6.1 When using the Game, You agree to comply with all applicable laws and regulations, as well as the rules established by Novaquark that govern the use of the Game (hereinafter the "Code of Conduct").
6.2 You must refrain from any behavior that may damage the image and/or reputation of NOVAQUARK or that may harm one or more other Users or negatively impact their game experience, as described below, or that is detrimental to the proper conduct of the Game, whether in the Game or in any other mode of communication such as social networks, forums, Discord or otherwise. In particular, You must refrain from:
1. Choosing a display name ("Display name") that is offensive, defamatory, vulgar, obscene, sexually explicit, racist, sexist, xenophobic or otherwise objectionable. You may not use a misspelling or alternative spelling to get around this restriction on the choice of names and pseudonyms;
2. Posting, transmitting or communicating any content or taking any action in connection with the Game that is inappropriate, indecent, obscene, pornographic, offensive, unlawful, harmful, threatening, abusive, that constitutes harassment, is defamatory, vulgar, violent, sexually explicit, objectionable or unacceptable on racial, gender, ethical, political or other grounds;
3. Publishing, transmitting or communicating hate speech against specific individuals or groups of individuals;
4. Attacking, by any means, an ethnic group, religion, gender or sexual preference or identity;
5. Harassing or threatening other users and interfering in any way with their use and full enjoyment of the Game;
6. Discussing, in any way, real-world politics or real-world religion (regardless of the nature or content of the discussion);
7. Posting or disseminating personally identifiable information about yourself or other users (doxing);
8. Promoting any illegal activity;
9. Publicly disclosing, or threatening to publicly disclose, private discussions between a User and a NOVAQUARK employee;
10. Impersonating another player, moderator, administrator, NOVAQUARK employee or one of NOVAQUARK partners. You must not give the impression that a comment or communication is from any of the persons listed;
11. Transmitting content that violates or infringes upon the rights of others, including copyright, patents, trademarks, trade secrets, publicity or privacy rights, or other rights;
12. Transmitting or facilitating the transmission of any content containing viruses, corrupted data, Trojan horses, keyloggers, worms, spyware, time-bombs, cancelbots, or any other program or technique designed to damage, detrimentally interfere with, intercept, extract, gain unauthorized access to, or stealth expropriation of any system or data;
13. Using any unauthorized third-party programs, including mods, hacks, cheat codes, scripts, bots, trainers and automation programs that interact with the Game in any way, for any purpose;
14. Spamming discussions, whether for personal or commercial purposes, by disrupting the flow of conversations with repeated messages;
15. Participating in any fraudulent action against any other User of the Game, including through scamming or social engineering;
16. Using any part of the Game to harvest or collect information about other people, including, but not limited to, email addresses.
17. Modifying, by any means, the Game files or attempting to sell or otherwise monetize the Game or its components (e.g., virtual items, or any Game code or script).
18. Reselling or purchasing for real money, including cryptocurrencies, any account, in-game service or in-game item (including, but not limited to, virtual money available in the Game, ships, blueprints, equipment or items), except as explicitly authorized by Novaquark.
19. Defaming/attempting to discredit another player, a Novaquark employee (current or otherwise), or the Novaquark studio, by publishing falsehoods or distorting reality (mixing truths and falsehoods).
20. Creating one or more new accounts to circumvent any penalties received. In such a case, Novaquark reserves the right to close the new account(s) without notice and without compensation.
6.3 NOVAQUARK reserves the sole and final right to review, remove, block, edit, move or disable any content appearing in the Game that violates the Code of Conduct or its Policy on Repeated Infringement and to take any action against You, including disabling Your game accounts, access to the forums, Discord server or otherwise.
You have been informed:
- That additional rules may apply specifically to Discord, Forum or otherwise and that these must be followed in addition to the rules set out in the Code of Conduct;
- That NOVAQUARK reserves the right to close the additional accounts of players ('alts') who have violated the rules.
6.4 You agree to report any behavior that You believe to be in violation of this Code of Conduct to technical support at the following address: https://support.dualthegame.com/hc/en-us; or to one of the community leaders on the forum by private message: https://board.dualthegame.com/
6.5 In the event of a violation of the Code of Conduct, or other provisions of this License Agreement, NOVAQUARK may take steps to suspend, terminate or otherwise restrict a User from using the Game and/or the associated User Account(s).
7. USER-GENERATED CONTENT
7.1 The use of the Game by Users results in the creation of user-generated content (hereinafter "Generated Content"), such as buildings or vehicles built with the help of the Game tools.
7.2 By creating Generated Content, You grant NOVAQUARK, its licensors, licensees and any other person designated by NOVAQUARK a non-exclusive, royalty-free, worldwide, transferable license, for the duration of their term of protection, to use, reproduce, modify, adapt, execute, display, distribute and otherwise exploit and/or delete the Generated Content (or any portion thereof) in any manner NOVAQUARK sees fit. In addition, You grant a personal, non-transferable license to all Users of the Game to use the Generated Content when using the Game, including all rights to reproduce, distribute, display, execute or any other license rights necessary to use the Generated Content on a worldwide basis and for their term of protection.
7.3 You waive any moral rights that may apply to your Generated Content. For all countries that do not allow the waiver of moral rights, You consent to the use of your Generated Content in the Game or in the advertising and promotion of the Game, and agree that such use (or any related or ancillary use) does not constitute a violation of your moral rights.
7.4 By creating Generated Content, You declare that the Content is not otherwise protected by copyright, moral rights, trademarks or other intellectual property rights, unless You are the owner of such rights or that You have a transferable license to such rights. In any and all cases, You declare that You have the right to generate such Generated Content without infringing upon the rights of a third party.
7.5 You also acknowledge that You shall not generate any prohibited content ("Prohibited Content"). Prohibited Content includes any Generated Content that violates the Code of Conduct and the rules set forth in Section 5, and includes, but is not limited to, the following topics: nudity, hate speech, self-harm, dangerous organizations, bullying and harassment, violence and sexual exploitation, criminal activity, violence, and discussions about real-world politics or real-world religions.
7.6 NOVAQUARK reserves the exclusive and final right to review, delete, block, modify, move or disable Generated Content for any reason whatsoever, upon prior notice. Under French law, NOVAQUARK has the status of host within the meaning of Article 6 of the Law on Confidence in the Digital Economy of June 21, 2004 relating to User-Generated Content.
7.7 If NOVAQUARK determines that Generated Content violates the provisions of this License Agreement, NOVAQUARK may take steps to suspend, terminate or otherwise restrict a User from using the Game and/or the associated User Account(s).
7.8 You agree to report any Generated Content that You believe is in violation of the provisions of this License Agreement.
8. INTERACTION WITH THIRD-PARTY SERVICES AND WEBSITES
The Game may allow You to interact with third-party websites, browsers and Internet services ("Links"). The Links are not under the control of NOVAQUARK and NOVAQUARK is not responsible for the content of the Links. NOVAQUARK provides Links only for reasons of convenience, and the inclusion of a Link does not imply that NOVAQUARK approves of the Link or any association with its operators.
9. LIMITATION OF LIABILITY
9.1 Due to the inherent risks of using the Internet, NOVAQUARK cannot be held responsible for any damage or viruses that may infect Your equipment or other property while using the Game.
9.2 You are responsible for (a) your use of the Game or activities related to the Game (including, but not limited to, the creation and use of Generated Content); (b) a violation of the License Agreement by You; or (c) any claim that Content You make available in the Game infringes the copyright, trade secret, trademarks, intellectual property or other rights of any third party.
9.3 To the extent permitted by applicable law, You agree that NOVAQUARK is not responsible for: (a) any indirect loss, claim or damage, or any punitive, special, incidental or consequential damages of any kind (including, without limitation, indirect financial loss, loss or corruption of data); or (b) any loss of profit (direct or indirect), in each case, whether arising from a contract, tort (including negligence) or no-fault liability, or from any other cause that arises out of or in connection with (i) any use of the Game or the enforcement of this License Agreement; (ii) or any unavailability of the Game regardless of the duration of the unavailability.
10. RIGHT OF WITHDRAWAL
10.1. In accordance with articles L. 221-18 et seq. of the French Consumer Code, You have a period of 14 (fourteen) days from the validation of your purchase to exercise Your right of withdrawal, without having to justify Your reasons or pay any penalty.
10.2 To exercise Your right to withdraw from the Purchase, You must notify of Your decision to withdraw by contacting the customer support service at the following address: https://support.dualthegame.com/hc/en-us/requests/new?ticket_form_id=360000815499. In case of withdrawal, the refund of the subscription is made by the same means of payment as the one used for the initial transaction. In any and all cases, there will be no charge for this refund. The refund will be made as soon as possible, and no later than 14 days from the day NOVAQUARK is informed of the decision of Your withdrawal.
10.3 In accordance with Article L. 221-18-13° of the French Consumer Code, if You want to use the Game before the end of the fourteen (14) day withdrawal period as mentioned in Article L. 221-18 of the French Consumer Code, You are considered to have waived Your right of withdrawal.
10.4 For players located outside the European Union, the right of withdrawal applies in accordance with applicable local laws and regulations.
11. DATA PROTECTION
NOVAQUARK will only use personal data that may be collected about you in accordance with NOVAQUARK's Privacy Policy, which You must read and formally accept before using the Game.
12. GENERAL
12.1 In case of contradiction with other language versions, only the French version of this License Agreement is binding.
12.2 Any failure or delay by NOVAQUARK to enforce its rights under the terms of this License Agreement shall not be deemed as a waiver of such rights or any other rights unless NOVAQUARK acknowledges and accepts such a waiver in writing.
12.3 This License Agreement supersedes any prior agreements or memoranda relating to the Game between NOVAQUARK and You, including, without limitation, the Alpha License Agreement and the Beta License Agreement for the Game.
13. APPLICABLE LAW AND PLACE OF JURISDICTION
13.1 This License Agreement is governed by French law. For players located in France, any dispute relating to this License Agreement or the Game must be submitted to a consumer ombudsman whose contact information is as follows: CMAP - 39 avenue Franklin Roosevelt - 75008 Paris: https://www.cmap.fr.
13.2 You can also consult the European Commission website:
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=en
13.3 For players located outside the European Union, the French courts have jurisdiction in accordance with the applicable local public order provisions.
Dual Universe - Launch version -
Latest update: September 2022
This End User License Agreement (the "License Agreement") is a contract between you, (hereinafter "You") on the one part, and the simplified joint-stock company Novaquark whose registered office is located at 30/32 boulevard de Sébastopol, 75004 Paris, registered in the Paris Trade and Companies Register under number 799791926 ("NOVAQUARK"), on the other part.
DUAL UNIVERSE is a massively multiplayer online game offered by NOVAQUARK (the "Game"). The term "Game" is a generic term for all versions of the DUAL UNIVERSE Game.
The term "Launch Version" refers to the version of the Game, which is made available to the public (the "User" or "Users").
PLEASE READ THIS LICENSE AGREEMENT CAREFULLY BEFORE DOWNLOADING, INSTALLING, ACCESSING OR USING THE GAME. ALL USE OF THE GAME IS SUBJECT TO THE TERMS OF THIS LICENSE AGREEMENT, WHETHER FREE OR PAID. IF YOU DO NOT AGREE TO THIS LICENSE AGREEMENT IN ITS ENTIRETY, YOU MAY NOT USE THE GAME. OTHERWISE, BY ACCEPTING IT, YOU AGREE TO COMPLY FULLY WITH IT.
1. ELIGIBILITY TO ACCEPT THIS License Agreement
Applicable laws in your jurisdiction may require that You be of a certain age to enter into legally binding agreements such as the terms of this License Agreement. If You are underage, You may not use the Game unless your parent or legal guardian has read and accepted this License Agreement. Locally applicable laws may also require that children under the age of 15 be supervised while using the Game. By using the Game, You are guaranteeing that You are old enough to use the Game without supervision. If You are underage, your parent or legal guardian guarantees that they are supervising and monitoring your use of the Game.
2. LICENSING AND ACCESS TO THE GAME
2.1 NOVAQUARK grants You a personal, non-commercial, non-transferable, non-exclusive, time-limited license to install and/or use the Game solely on a device owned and controlled by You, and solely for Your personal use, exclusively for the purpose of playing the Game, to the exclusion of any other use.
2.2 This License Agreement will end upon termination by You or NOVAQUARK. If You wish to use the Game again, You will have to accept the terms of the License Agreement again.
2.3 You are prohibited from decompiling, disassembling or reverse engineering the Game by any means, or altering, modifying, or creating a derivative work of the Game.
2.4 The granting of a license by this License Agreement allows You to play the free version or the paid version of the Game. The free version is located on a separate server that is reset regularly. You may purchase a subscription to the Game offered by NOVAQUARK or an authorized NOVAQUARK reseller for a fixed period of between one and twelve months. Upon expiration of Your purchased subscription, You will no longer be able to access the Online Game unless You purchase a new subscription. Some players who have supported the game since its development may have obtained a perpetual subscription through their supporter pack.
You can also access the Game without a subscription by using digital access coupons (DACs) that are available from other players, or if You have an entitlement through the purchase of a crowdfunding package. Each DAC can be converted into one month of subscription.
3. OWNERSHIP/RIGHTS RESERVED
3.1 The Game is made available to you under the license set out in clause 2.1 above. This License Agreement does not convey to you any title or ownership of the Game or any of its individual components, and shall not be construed as a sale, assignment or any form of transfer of intellectual property rights in connection with the Game.
3.2 All rights, titles, interests and intellectual property rights to the Game are the exclusive property and possession of NOVAQUARK or its licensors.
3.3 You may not remove or alter any mentions of copyright, trademark or other proprietary notices contained in the Game or accompanying materials.
3.4 You may not remove or alter any technical protection measures or rights management information contained in the Game.
3.5 Infringement Policy: NOVAQUARK does not tolerate the Game being used to infringe upon the intellectual property rights of third parties. As part of the Policy on Repeated Infringement of copyright, NOVAQUARK will terminate the account of a User who repeatedly infringes upon the copyrights held by third parties. Such termination automatically revokes the User's right to access the Game and terminates any license granted under this License Agreement.
4. GUARANTEE
4.1 NOVAQUARK'S WARRANTY IS LIMITED TO THE STATUTORY WARRANTIES APPLICABLE IN YOUR JURISDICTION. YOU ASSUME THE SUITABILITY OF THE GAME FOR YOUR NEEDS AND HARDWARE, ACCORDING TO THE MINIMUM CONFIGURATION DISPLAYED ON THE GAME’S WEBSITE[a].
4.2 You agree that by submitting your comments or suggestions regarding the Game, you grant NOVAQUARK a non-exclusive, royalty-free, worldwide, transferable license to any right, title or interest that You may have in your comments and suggestions for the duration of their protection. You also waive any moral rights that may apply. For all countries that do not allow the waiver of moral rights, You consent to the use of your suggestions or comments in the Game or in advertising and promotion of the Game, and agree that such use (or any related or ancillary use) does not constitute a violation of your moral rights.
4.3 All bug reports should be sent to the following address: https://support.dualthegame.com/hc/fr-fr
5. PURCHASE AND PAYMENT OF THE SUBSCRIPTION ON THE SITE
5.1 The subscription price for using the Game is listed on the Game website or authorized reseller during your registration process. The subscription price is the one indicated at the time of subscription to the Game.
5.2 You can take out a subscription for one to twelve months to use the Game, with tacit renewal. Subscription implies acceptance of this License Agreement.
5.3 Payment of the subscription is made via the payment system of Xsolla or Steam or other payment methods as they appear on the website. You are invited to read the General Terms and Conditions of Sale of the provider of the payment solution you choose.
5.4 For annual subscriptions, in accordance with Article L. 215-1 of the French Consumer Code, NOVAQUARK will inform You by email at the earliest three months, and at the latest one month, before the end of the subscription, of the possibility of not renewing it.
5.5 To terminate your subscription, You must follow the following procedure:
You must deactivate the automatic renewal of your subscription by logging into your account on the dualuniverse.game website before the expiration date; then go to My Account/My Products and click on "Deactivate". You will keep access to the game until the end of the subscription and it will not be renewed automatically. If you have any problems, you can contact Customer Support.
5.6 If you do not cancel before the expiration date of your subscription, the subscription will be tacitly renewed for successive periods of the same duration as your initial subscription.
6. CODE OF CONDUCT
6.1 When using the Game, You agree to comply with all applicable laws and regulations, as well as the rules established by Novaquark that govern the use of the Game (hereinafter the "Code of Conduct").
6.2 You must refrain from any behavior that may damage the image and/or reputation of NOVAQUARK or that may harm one or more other Users or negatively impact their game experience, as described below, or that is detrimental to the proper conduct of the Game, whether in the Game or in any other mode of communication such as social networks, forums, Discord or otherwise. In particular, You must refrain from:
1. Choosing a display name ("Display name") that is offensive, defamatory, vulgar, obscene, sexually explicit, racist, sexist, xenophobic or otherwise objectionable. You may not use a misspelling or alternative spelling to get around this restriction on the choice of names and pseudonyms;
2. Posting, transmitting or communicating any content or taking any action in connection with the Game that is inappropriate, indecent, obscene, pornographic, offensive, unlawful, harmful, threatening, abusive, that constitutes harassment, is defamatory, vulgar, violent, sexually explicit, objectionable or unacceptable on racial, gender, ethical, political or other grounds;
3. Publishing, transmitting or communicating hate speech against specific individuals or groups of individuals;
4. Attacking, by any means, an ethnic group, religion, gender or sexual preference or identity;
5. Harassing or threatening other users and interfering in any way with their use and full enjoyment of the Game;
6. Discussing, in any way, real-world politics or real-world religion (regardless of the nature or content of the discussion);
7. Posting or disseminating personally identifiable information about yourself or other users (doxing);
8. Promoting any illegal activity;
9. Publicly disclosing, or threatening to publicly disclose, private discussions between a User and a NOVAQUARK employee;
10. Impersonating another player, moderator, administrator, NOVAQUARK employee or one of NOVAQUARK partners. You must not give the impression that a comment or communication is from any of the persons listed;
11. Transmitting content that violates or infringes upon the rights of others, including copyright, patents, trademarks, trade secrets, publicity or privacy rights, or other rights;
12. Transmitting or facilitating the transmission of any content containing viruses, corrupted data, Trojan horses, keyloggers, worms, spyware, time-bombs, cancelbots, or any other program or technique designed to damage, detrimentally interfere with, intercept, extract, gain unauthorized access to, or stealth expropriation of any system or data;
13. Using any unauthorized third-party programs, including mods, hacks, cheat codes, scripts, bots, trainers and automation programs that interact with the Game in any way, for any purpose;
14. Spamming discussions, whether for personal or commercial purposes, by disrupting the flow of conversations with repeated messages;
15. Participating in any fraudulent action against any other User of the Game, including through scamming or social engineering;
16. Using any part of the Game to harvest or collect information about other people, including, but not limited to, email addresses.
17. Modifying, by any means, the Game files or attempting to sell or otherwise monetize the Game or its components (e.g., virtual items, or any Game code or script).
18. Reselling or purchasing for real money, including cryptocurrencies, any account, in-game service or in-game item (including, but not limited to, virtual money available in the Game, ships, blueprints, equipment or items), except as explicitly authorized by Novaquark.
19. Defaming/attempting to discredit another player, a Novaquark employee (current or otherwise), or the Novaquark studio, by publishing falsehoods or distorting reality (mixing truths and falsehoods).
20. Creating one or more new accounts to circumvent any penalties received. In such a case, Novaquark reserves the right to close the new account(s) without notice and without compensation.
6.3 NOVAQUARK reserves the sole and final right to review, remove, block, edit, move or disable any content appearing in the Game that violates the Code of Conduct or its Policy on Repeated Infringement and to take any action against You, including disabling Your game accounts, access to the forums, Discord server or otherwise.
You have been informed:
- That additional rules may apply specifically to Discord, Forum or otherwise and that these must be followed in addition to the rules set out in the Code of Conduct;
- That NOVAQUARK reserves the right to close the additional accounts of players ('alts') who have violated the rules.
6.4 You agree to report any behavior that You believe to be in violation of this Code of Conduct to technical support at the following address: https://support.dualthegame.com/hc/en-us; or to one of the community leaders on the forum by private message: https://board.dualthegame.com/
6.5 In the event of a violation of the Code of Conduct, or other provisions of this License Agreement, NOVAQUARK may take steps to suspend, terminate or otherwise restrict a User from using the Game and/or the associated User Account(s).
7. USER-GENERATED CONTENT
7.1 The use of the Game by Users results in the creation of user-generated content (hereinafter "Generated Content"), such as buildings or vehicles built with the help of the Game tools.
7.2 By creating Generated Content, You grant NOVAQUARK, its licensors, licensees and any other person designated by NOVAQUARK a non-exclusive, royalty-free, worldwide, transferable license, for the duration of their term of protection, to use, reproduce, modify, adapt, execute, display, distribute and otherwise exploit and/or delete the Generated Content (or any portion thereof) in any manner NOVAQUARK sees fit. In addition, You grant a personal, non-transferable license to all Users of the Game to use the Generated Content when using the Game, including all rights to reproduce, distribute, display, execute or any other license rights necessary to use the Generated Content on a worldwide basis and for their term of protection.
7.3 You waive any moral rights that may apply to your Generated Content. For all countries that do not allow the waiver of moral rights, You consent to the use of your Generated Content in the Game or in the advertising and promotion of the Game, and agree that such use (or any related or ancillary use) does not constitute a violation of your moral rights.
7.4 By creating Generated Content, You declare that the Content is not otherwise protected by copyright, moral rights, trademarks or other intellectual property rights, unless You are the owner of such rights or that You have a transferable license to such rights. In any and all cases, You declare that You have the right to generate such Generated Content without infringing upon the rights of a third party.
7.5 You also acknowledge that You shall not generate any prohibited content ("Prohibited Content"). Prohibited Content includes any Generated Content that violates the Code of Conduct and the rules set forth in Section 5, and includes, but is not limited to, the following topics: nudity, hate speech, self-harm, dangerous organizations, bullying and harassment, violence and sexual exploitation, criminal activity, violence, and discussions about real-world politics or real-world religions.
7.6 NOVAQUARK reserves the exclusive and final right to review, delete, block, modify, move or disable Generated Content for any reason whatsoever, upon prior notice. Under French law, NOVAQUARK has the status of host within the meaning of Article 6 of the Law on Confidence in the Digital Economy of June 21, 2004 relating to User-Generated Content.
7.7 If NOVAQUARK determines that Generated Content violates the provisions of this License Agreement, NOVAQUARK may take steps to suspend, terminate or otherwise restrict a User from using the Game and/or the associated User Account(s).
7.8 You agree to report any Generated Content that You believe is in violation of the provisions of this License Agreement.
8. INTERACTION WITH THIRD-PARTY SERVICES AND WEBSITES
The Game may allow You to interact with third-party websites, browsers and Internet services ("Links"). The Links are not under the control of NOVAQUARK and NOVAQUARK is not responsible for the content of the Links. NOVAQUARK provides Links only for reasons of convenience, and the inclusion of a Link does not imply that NOVAQUARK approves of the Link or any association with its operators.
9. LIMITATION OF LIABILITY
9.1 Due to the inherent risks of using the Internet, NOVAQUARK cannot be held responsible for any damage or viruses that may infect Your equipment or other property while using the Game.
9.2 You are responsible for (a) your use of the Game or activities related to the Game (including, but not limited to, the creation and use of Generated Content); (b) a violation of the License Agreement by You; or (c) any claim that Content You make available in the Game infringes the copyright, trade secret, trademarks, intellectual property or other rights of any third party.
9.3 To the extent permitted by applicable law, You agree that NOVAQUARK is not responsible for: (a) any indirect loss, claim or damage, or any punitive, special, incidental or consequential damages of any kind (including, without limitation, indirect financial loss, loss or corruption of data); or (b) any loss of profit (direct or indirect), in each case, whether arising from a contract, tort (including negligence) or no-fault liability, or from any other cause that arises out of or in connection with (i) any use of the Game or the enforcement of this License Agreement; (ii) or any unavailability of the Game regardless of the duration of the unavailability.
10. RIGHT OF WITHDRAWAL
10.1. In accordance with articles L. 221-18 et seq. of the French Consumer Code, You have a period of 14 (fourteen) days from the validation of your purchase to exercise Your right of withdrawal, without having to justify Your reasons or pay any penalty.
10.2 To exercise Your right to withdraw from the Purchase, You must notify of Your decision to withdraw by contacting the customer support service at the following address: https://support.dualthegame.com/hc/en-us/requests/new?ticket_form_id=360000815499. In case of withdrawal, the refund of the subscription is made by the same means of payment as the one used for the initial transaction. In any and all cases, there will be no charge for this refund. The refund will be made as soon as possible, and no later than 14 days from the day NOVAQUARK is informed of the decision of Your withdrawal.
10.3 In accordance with Article L. 221-18-13° of the French Consumer Code, if You want to use the Game before the end of the fourteen (14) day withdrawal period as mentioned in Article L. 221-18 of the French Consumer Code, You are considered to have waived Your right of withdrawal.
10.4 For players located outside the European Union, the right of withdrawal applies in accordance with applicable local laws and regulations.
11. DATA PROTECTION
NOVAQUARK will only use personal data that may be collected about you in accordance with NOVAQUARK's Privacy Policy, which You must read and formally accept before using the Game.
12. GENERAL
12.1 In case of contradiction with other language versions, only the French version of this License Agreement is binding.
12.2 Any failure or delay by NOVAQUARK to enforce its rights under the terms of this License Agreement shall not be deemed as a waiver of such rights or any other rights unless NOVAQUARK acknowledges and accepts such a waiver in writing.
12.3 This License Agreement supersedes any prior agreements or memoranda relating to the Game between NOVAQUARK and You, including, without limitation, the Alpha License Agreement and the Beta License Agreement for the Game.
13. APPLICABLE LAW AND PLACE OF JURISDICTION
13.1 This License Agreement is governed by French law. For players located in France, any dispute relating to this License Agreement or the Game must be submitted to a consumer ombudsman whose contact information is as follows: CMAP - 39 avenue Franklin Roosevelt - 75008 Paris: https://www.cmap.fr.
13.2 You can also consult the European Commission website:
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=en
13.3 For players located outside the European Union, the French courts have jurisdiction in accordance with the applicable local public order provisions.