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End-user license agreement
LDLC VR Studio is a simplified joint-stock company with a capital of €692,182, registered with the Lyon Trade and Companies Register under number 802 162 321, whose registered office is located at 2 rue des Erables, 69760 Limonest, France, represented by its president, Mr. Laurent Villemonte de la Clergerie (hereinafter "LDLC VR Studio" or "the Company").
LDLC VR Studio is a software development company specializing in the design and publishing of software. It has notably developed a video game provisionally or definitively titled "TaVRn's Takedown" (hereinafter the "Video Game").
The User acknowledges having read and accepted without reservation these terms and conditions (hereinafter the "End User License Agreement") prior to (i) accessing the Video Game, (ii) the mechanisms designed to secure access accounts, and (iii) the software tools associated with its use (collectively, the "LDLC VR Studio Services"). Checking the box "I accept the End User License Agreement" during the installation, download, or first use of the Video Game or LDLC VR Studio Services constitutes full and unreserved acceptance of these terms and conditions and represents the User's express consent. Without express acceptance by this means, the User may not access, install, or use the Video Game or any of its components.
The obligations and duties arising from the End User License Agreement apply to the User and LDLC VR Studio (hereinafter collectively or individually referred to as the "Party(ies)") from the moment the LDLC VR Studio Services are used.
The use of LDLC VR Studio Services may involve the collection and processing of personal data, all information of which is presented in the privacy policy available at the following link: https://www.ldlc-vrstudio.com/eula
ARTICLE 1. UTILISATEUR DES SERVICES
1.1. In accordance with Articles L. 221-18 et seq. of the French Consumer Code, the User, who may be considered a consumer under applicable law, has a right of withdrawal allowing them to request a refund for a contract concluded remotely and off-premises. However, the right of withdrawal cannot be exercised, in particular, for the following products and/or services: […]
- Digital content supplied on an intangible medium and subscription contracts for such services, the performance of which has begun with the User's agreement and for which the User has waived their right of withdrawal. […]
- Services fully performed before the end of the withdrawal period and the performance of which began with the User's agreement or at their express request. […] The User acknowledges and accepts that the legal provisions relating to distance selling, as set forth in the French Consumer Code, stipulate that the right of withdrawal does not apply to online services (Article L 121.20.4 of the French Consumer Code).
Therefore, for any order of products or services placed with LDLC VR Studio, the User has no right of withdrawal.
1.2 If the User is a minor, the use of LDLC VR Studio Services may only be carried out under the supervision of a parent or legal guardian who acknowledges having informed themselves of all the legal provisions governing their civil and criminal obligations, particularly with regard to third parties concerning the minors in question, and having read and accepted the End User License Agreement as well as the other contractual documents of the partner platforms used by the minors.
1.3. LDLC VR Studio services are also not accessible to users already excluded by LDLC VR Studio for breaches of contract hereunder, or to any person who is prohibited from receiving them under legal provisions, judicial or administrative decision.
ARTICLE 2. PARTNER ACCOUNT
2.1. The Video Game or LDLC VR Studio Services are accessible via third-party platforms and require the creation of an account with these platforms (hereinafter the "Partner Account").
Access to the LDLC VR Studio Services is conditional upon the creation of an online account via the partner distribution platforms (i) Steam operated by Valve, Inc. or (ii) Meta Store operated by Meta Platforms Inc., requiring the User to provide certain personal information.
2.2. The User remains solely responsible for maintaining the confidentiality of the login credentials chosen for opening the Partner Account, and for restricting access to the computer equipment (mobile phone, tablet, computer, VR headset, etc.) used for the use of the LDLC VR Studio Services. The User acknowledges that the information provided for the creation of the Partner Account is and will remain accurate, verifiable, complete, and up-to-date.
2.3. LDLC VR Studio shall not be liable for any losses, damages, or deficiencies resulting from inaccurate, incomplete, or otherwise defective information or documents provided by the User. The User acknowledges that the quality of the LDLC VR Studio Services, response time, or access to certain features may depend on the capabilities of the hardware used and the electronic communication network.
2.4. Unless expressly authorized in writing by LDLC VR Studio, the User may not sell, rent, transfer, share, or grant access to their account to anyone else, including, but not limited to, charging anyone for access to account administrator rights. LDLC VR Studio reserves all available legal rights and remedies to prevent unauthorized use of the LDLC VR Studio Services, including, but not limited to, technological barriers, IP mapping, and, in serious cases, directly contacting an Internet Service Provider (ISP) regarding such unauthorized use.
ARTICLE 3. LDLC VR STUDIO SERVICES ACCESSIBILITY
3.1. Given the nature of the obligations and responsibilities outlined, the User acknowledges that the services provided by LDLC VR Studio within the framework of the LDLC VR Studio Services are subject to an obligation of means.
3.2. LDLC VR Studio makes every effort to ensure the LDLC VR Studio Services are available almost continuously. However, LDLC VR Studio may have to interrupt these services for reasons inherent to operational and maintenance constraints. Consequently, LDLC VR Studio cannot guarantee the constant availability of the LDLC VR Studio Services.
Furthermore, it is specified that the Internet network and the computer and telecommunications systems used by the User to access and use the LDLC VR Studio Services are not error-free, and interruptions and outages may occasionally occur. LDLC VR Studio cannot provide any guarantee in this regard and therefore cannot be held liable for any damages inherent in the use of the Internet and computer and telecommunications systems, including but not limited to: (a) faulty transmission and/or reception of any data and/or information over the Internet; (b) external intrusion; (c) failure of any receiving equipment or communication lines; (d) any other malfunction of the Internet network preventing the proper functioning and/or operation of the LDLC VR Studio Services.
3.3. For reasons related to system security and stability, LDLC VR Studio may automatically update, preload, create new versions of the LDLC VR Studio Services, or improve them. Consequently, the system requirements for using the software may change over time.
The User accepts these automatic updates, agrees to perform manual updates of the LDLC VR Studio Services if necessary, and acknowledges that the End User License Agreement does not grant them any right to demand updates, new versions, or other improvements to the LDLC VR Studio Services. LDLC VR Studio decides whether to provide these updates, etc., at its sole discretion.
ARTICLE 4. USE
4.1. By accessing or using the LDLC VR Studio Services, the User agrees to comply with all applicable laws and the rights of third parties, and in particular not to:
- Display, transmit, or upload via the LDLC VR Studio Services:
o Content that is indecent, pornographic, degrading, defamatory, fraudulent, obscene, threatening, harassing, or incites racial hatred.
o Content that promotes gambling or encourages illegal activities that infringe intellectual property rights, such as "hacking," unauthorized access to information systems ("cracking"), or "phreaking," or that are generally punishable by law.
o "Spam" messages (unsolicited commercial solicitation by electronic means) or messages promoting pyramid schemes.
- Use the LDLC VR Studio Services for any purpose contrary to applicable laws.
- Using LDLC VR Studio Services to defame, harass, threaten, or violate the rights of another LDLC VR Studio Services user, including, without limitation, rights relating to the protection of personal data, the right to privacy, and the right to freedom of expression.
More generally, the User agrees not to commit any action liable to civil or criminal penalties, including transmitting or communicating illegal content considered offensive, which includes the use of unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexual, racist, unethical, and/or otherwise objectionable language through any means of online public communication.
- Impersonating any natural or legal person (including LDLC VR Studio) or falsely presenting oneself as being affiliated with another natural or legal person;
- Restricting or preventing any third party from using or enjoying the LDLC VR Studio Services, in whole or in part;
- Reproducing, duplicating, copying, selling, reselling, or exploiting for commercial purposes, in whole or in part, the LDLC VR Studio Services;
- Using the LDLC VR Studio Services to promote products and services without our prior consent.
4.2. LDLC VR Studio reserves the right to terminate any use of the LDLC VR Studio Services in the event of a breach of these terms and conditions.
The User acknowledges that additional conditions may apply to access certain content on the LDLC VR Studio Services, particularly when such content is subject to restrictions imposed by rights holders. Similarly, access to certain content may change at the sole discretion of LDLC VR Studio under the conditions set forth herein.
ARTICLE 5. VR EQUIPMENT, SAFETY & HEALTH
The virtual reality products and services used under the End User License Agreement require particular vigilance from their users. Users must use the equipment provided only under the conditions and according to the recommendations of LDLC VR Studio. For any further information or questions, please contact LDLC VR Studio.
5.1. User Warning. LDLC VR Studio Services use virtual reality technology that is unsuitable for children under 12 years of age, individuals with motor or balance impairments, those prone to light sensitivity, those who are ill, under the influence of alcohol or medication, and more generally, those with serious health problems. Similarly, LDLC VR Studio Services are not recommended if the user is fatigued or sleep-deprived.
Consult a doctor before using virtual reality products if you have any doubts about the compatibility of your medical condition with this equipment.
5.2. Medical Risks. The use of virtual reality equipment may cause certain effects or symptoms such as dizziness, migraines, headaches, lightheadedness, nausea, fatigue, motion sickness-like symptoms, eye pain, blurred or altered vision, muscle or eye twitching or convulsions, loss of consciousness, disorientation, seizures, or any other uncontrolled or convulsive movement.
If such symptoms occur, it is recommended to immediately stop using the virtual reality equipment until the symptoms have completely disappeared, or, if necessary, consult a healthcare professional.
More generally, it is recommended to intersperse virtual reality experiences with sufficiently long breaks to ensure user comfort. Virtual reality experiences may require some adjustment time. Initially, it is recommended to use LDLC VR Studio Services for short periods.
5.3. Environment. Virtual reality experiences must be conducted in a suitable location, excluding any area prone to shaking or other unstable conditions. Similarly, virtual reality equipment may restrict your field of vision in your real-world surroundings.
The user must ensure that furniture is removed from an area larger than the intended use area, and that there are no walls, stairs, or immovable obstacles. Furthermore, the necessary measures must be taken to prevent pets, people, or other forms of physical obstruction from entering the designated area during use. It is also important to ensure that the equipment, including any cables associated with the hardware, does not interfere with the virtual reality experience.
5.4. Movement and Displacement. Users must follow the instructions for using the equipment. It is recommended to remain in the center of the designated area and limit excessive head, limb, and body movements.
ARTICLE 6. WARRANTIES
6.1. The LDLC VR Studio Services provided under the End User License Agreement are provided "as is" without warranty of any kind. LDLC VR Studio excludes all warranties, whether oral or written, express or implied, including, but not limited to, any warranty of quality, functionality, fitness for a particular purpose. The User assumes all risks related to the use or performance of the LDLC VR Studio Services.
6.2. LDLC VR Studio shall not be liable to the User for any damages whatsoever, whether direct or indirect (including business interruption, lost profits, loss of information, files, or other pecuniary losses, without limitation), arising out of the Agreement, the use of, or the inability to use, the LDLC VR Studio Services, even if LDLC VR Studio has been advised of the possibility of such damages.
LDLC VR Studio shall also not be liable for any losses, damages, or deficiencies resulting from inaccurate, incomplete, or otherwise defective information or documents provided by the User.
6.3. To the extent permitted by applicable law, the User agrees that any cause of action arising out of or related to the LDLC VR Studio Services must commence within one (1) year of the discovery of the cause of action. Otherwise, such action is definitively barred.
ARTICLE 7. TERMINATION
7.1. The User may terminate their license to use the LDLC VR Studio Services, at their sole discretion, at any time, by ceasing to use the LDLC VR Studio Services or by deleting the operation of the created Account.
7.2. To the fullest extent permitted by applicable law, LDLC VR Studio reserves the right, without notice and at its sole discretion, to cease providing the LDLC VR Studio Services (or any functionality) to the User, to terminate the End User License Agreement, to terminate the license to use the LDLC VR Studio Services, and to block or prevent future access to and use of the LDLC VR Studio Services for any reason whatsoever, including, but not limited to, if:
(a) the use of the LDLC VR Studio Services violates these Terms of Service or applicable law;
(b) there is fraudulent or abusive use of the LDLC VR Studio Services; or
(c) if LDLC VR Studio is unable to continue providing the LDLC VR Studio Services for legitimate technical, legal or commercial reasons.
ARTICLE 8. INTELLECTUAL PROPERTY
8.1. LDLC VR Studio is the sole owner of the LDLC VR Studio Service in its entirety, including, but not limited to, LDLC VR Studio trademarks and logos, visual interfaces, graphics, design, compilation, theme, object, character, character name, story, dialogue, slogan, concept, artwork, images, animation, sound, musical composition, audiovisual effect, their selection and arrangement, mode of operation, moral rights, documentation, information, software, and computer code (including source code or object code) (collectively, the "Materials"), which are protected by intellectual property rights and associated legal and regulatory provisions.
8.2. Under the terms of the End User License Agreement, LDLC VR Studio grants the User a personal, limited, non-exclusive, non-assignable, and non-transferable license to access the Video Game, LDLC VR Studio Services, and Materials (collectively, the "LDLC VR Studio Properties"). This license does not permit the User to engage in any of the following activities:
(a) the resale or commercial use of the LDLC VR Studio Properties;
(b) the distribution, public performance, or public display of the LDLC VR Studio Properties;
(c) the modification or any other derivative use of the LDLC VR Studio Properties, or any part thereof;
(d) the use of any data mining method, robots, or similar data gathering or extraction methods;
(e) the downloading (except for page caching) of any part of the LDLC VR Studio Properties or any information contained therein, except as expressly permitted; or
(f) any use of the LDLC VR Studio Properties, except for their intended purpose.
8.3. Any use of LDLC VR Studio Properties and any information associated with the End User License Agreement, except as expressly permitted, without the prior written authorization of LDLC VR Studio, is strictly prohibited and may constitute an infringement of intellectual property rights or other laws. LDLC VR Studio reserves all rights not expressly granted in this End User License Agreement.
8.4. Text and Data Mining Policy: LDLC VR Studio opposes all text and data mining operations as defined in Article L. 122-5-3 of the French Intellectual Property Code. This exclusion applies to all LDLC VR Studio Properties and the content to which they provide access.
All harvesting and mining of text and data targeting all or part of the LDLC VR Studio Properties, including through automated data collection devices, constitutes copyright infringement unless expressly authorized by LDLC VR Studio.
Article R. 122-28 of the French Intellectual Property Code specifies that the objection mentioned in paragraph III of Article L. 122-5-3 may be expressed by any means, including through the use of the general terms and conditions of a website or service. Therefore, the absence of metadata associated with the LDLC VR Studio Properties does not affect the exercise of the right to object as expressed in this End User License Agreement. <TDM-RESERVATION: 1>
ARTICLE 9. “LOI INFORMATIQUE ET LIBERTÉ” & GDPR
Within the framework of their contractual relationship, the Parties undertake to comply with the applicable regulations governing the processing of personal data for their respective personal databases, and in particular Law No. 78-17 of 6 January 1978 on Information Technology, Data Files and Civil Liberties (the "Data Protection Act") as well as the transposed provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (hereinafter, "the European General Data Protection Regulation").
The use of LDLC VR Studio Services results in the processing of the User's personal data in accordance with the conditions defined in the Personal Data Protection Policy accessible here.
ARTICLE 10. MISCELLANEOUS PROVISIONS
10.1. All notifications concerning the End User License Agreement must be sent by registered letter with acknowledgment of receipt to the registered office of LDLC VR Studio.
10.2. The End User License Agreement, its preamble, and any appendices which form an integral part thereof, constitute the entire agreement concerning its subject matter. It supersedes and cancels any prior agreements, whether written or oral, between the Parties relating to the use of the LDLC VR Studio Services.
10.3. Should any provision of the End User License Agreement be deemed invalid or unenforceable, the Parties shall endeavor to replace it with a provision that most closely approximates its legal and economic effect, and the remaining provisions shall continue to have full effect in accordance with the Parties' intentions as expressed in the End User License Agreement.
10.4. The fact that LDLC VR Studio does not invoke any of the clauses of the End User License Agreement at any given time, or any breach by the other Party of any of the obligations set forth in the End User License Agreement, shall not be construed as a waiver by LDLC VR Studio of its right to subsequently invoke any of said contractual stipulations.
10.5. The Parties shall not be liable for the non-performance of their obligations in the event of force majeure. Force majeure shall exist when an event beyond the control of a Party, which could not reasonably have been foreseen at the time of entering into the End User License Agreement and whose effects cannot be avoided by appropriate measures, prevents the performance of its obligation.
If the impediment is temporary, the performance of the obligation shall be suspended, unless the resulting delay justifies termination of the agreement. If the impediment lasts for more than one month, the parties must consult with each other as soon as possible to examine in good faith how the contract will be affected.
If the impediment is permanent, the contract is automatically terminated under the conditions stipulated in Articles 951 and 951-1 of the French Civil Code, at the discretion of the party affected. Without this list being exhaustive, it is expressly agreed that the following events are considered force majeure: natural disasters, earthquakes, storms, fires, floods, etc.; armed conflict, war, terrorist attacks; labor disputes; total or partial strikes at LDLC VR Studio; labor disputes; total or partial strikes at distributors, service providers, carriers, postal services, public utilities, etc.; mandatory injunctions from public authorities (import bans, embargoes, etc.); operational accidents; machinery breakdowns; explosions; and failures by LDLC VR Studio.
Each Party shall inform the other Party without delay of any event of force majeure of which it becomes aware and which, in its opinion, is likely to affect the performance of the contract.
10.6. It is expressly agreed that data from the information system of LDLC VR Studio or its subcontractors, such as connection logs, consumption records, order and payment summaries, Service management reports, or other data, are fully enforceable against the User and admissible, including in the context of legal proceedings.
10.7. The User acknowledges that the LDLC VR Studio Services and any applicable pricing conditions may evolve and be modified at any time by LDLC VR Studio, subject to the User's consent to the proposed changes. In this case, LDLC VR Studio shall inform the User by email of any amendment within thirty (30) calendar days prior to the effective date of said amendment.
The User may notify their refusal to continue using the LDLC VR Studio Services by terminating these terms and conditions and ceasing use of the LDLC VR Studio Services. The User's failure to terminate the agreement by the effective date will constitute acceptance of all proposed amendments.
10.8. This Agreement has been drafted in French and, where applicable, translated into English. In the event of any discrepancy in interpretation or contradiction between the French version and any translated version, the French version shall prevail and be the sole legally binding agreement between the Parties.
ARTICLE 11. APPLICABLE LAW & JURISDICTION
11.1. This Agreement is governed in its entirety by French law.
11.2. The Parties agree to keep each other informed of any difficulties that may arise from the interpretation of this Agreement.
11.3. The Parties agree to seek an amicable solution to their dispute before initiating legal proceedings. To this end, the Party that believes a dispute has arisen shall notify the other Party by registered letter, setting out the terms of the dispute.
A meeting must take place within fifteen (15) calendar days of the date of this letter. If no amicable solution is reached within thirty (30) calendar days, either Party may initiate any legal proceedings it deems appropriate.
If no amicable agreement is reached within this period, the dispute may be submitted to the competent court within the jurisdiction of the Court of Appeal of Lyon.
A meeting must be held within fifteen (15) days of the date of this letter. If no amicable solution is reached within thirty (30) days, either Party may initiate any legal proceedings deemed necessary.
11.4. Any dispute concerning the validity, interpretation, or performance of this Contract that cannot be resolved amicably by the Parties shall be submitted to the competent courts of Lyon.
LDLC VR Studio is a simplified joint-stock company with a capital of €692,182, registered with the Lyon Trade and Companies Register under number 802 162 321, whose registered office is located at 2 rue des Erables, 69760 Limonest, France, represented by its president, Mr. Laurent Villemonte de la Clergerie (hereinafter "LDLC VR Studio" or "the Company").
LDLC VR Studio is a software development company specializing in the design and publishing of software. It has notably developed a video game provisionally or definitively titled "TaVRn's Takedown" (hereinafter the "Video Game").
The User acknowledges having read and accepted without reservation these terms and conditions (hereinafter the "End User License Agreement") prior to (i) accessing the Video Game, (ii) the mechanisms designed to secure access accounts, and (iii) the software tools associated with its use (collectively, the "LDLC VR Studio Services"). Checking the box "I accept the End User License Agreement" during the installation, download, or first use of the Video Game or LDLC VR Studio Services constitutes full and unreserved acceptance of these terms and conditions and represents the User's express consent. Without express acceptance by this means, the User may not access, install, or use the Video Game or any of its components.
The obligations and duties arising from the End User License Agreement apply to the User and LDLC VR Studio (hereinafter collectively or individually referred to as the "Party(ies)") from the moment the LDLC VR Studio Services are used.
The use of LDLC VR Studio Services may involve the collection and processing of personal data, all information of which is presented in the privacy policy available at the following link: https://www.ldlc-vrstudio.com/eula
ARTICLE 1. UTILISATEUR DES SERVICES
1.1. In accordance with Articles L. 221-18 et seq. of the French Consumer Code, the User, who may be considered a consumer under applicable law, has a right of withdrawal allowing them to request a refund for a contract concluded remotely and off-premises. However, the right of withdrawal cannot be exercised, in particular, for the following products and/or services: […]
- Digital content supplied on an intangible medium and subscription contracts for such services, the performance of which has begun with the User's agreement and for which the User has waived their right of withdrawal. […]
- Services fully performed before the end of the withdrawal period and the performance of which began with the User's agreement or at their express request. […] The User acknowledges and accepts that the legal provisions relating to distance selling, as set forth in the French Consumer Code, stipulate that the right of withdrawal does not apply to online services (Article L 121.20.4 of the French Consumer Code).
Therefore, for any order of products or services placed with LDLC VR Studio, the User has no right of withdrawal.
1.2 If the User is a minor, the use of LDLC VR Studio Services may only be carried out under the supervision of a parent or legal guardian who acknowledges having informed themselves of all the legal provisions governing their civil and criminal obligations, particularly with regard to third parties concerning the minors in question, and having read and accepted the End User License Agreement as well as the other contractual documents of the partner platforms used by the minors.
1.3. LDLC VR Studio services are also not accessible to users already excluded by LDLC VR Studio for breaches of contract hereunder, or to any person who is prohibited from receiving them under legal provisions, judicial or administrative decision.
ARTICLE 2. PARTNER ACCOUNT
2.1. The Video Game or LDLC VR Studio Services are accessible via third-party platforms and require the creation of an account with these platforms (hereinafter the "Partner Account").
Access to the LDLC VR Studio Services is conditional upon the creation of an online account via the partner distribution platforms (i) Steam operated by Valve, Inc. or (ii) Meta Store operated by Meta Platforms Inc., requiring the User to provide certain personal information.
2.2. The User remains solely responsible for maintaining the confidentiality of the login credentials chosen for opening the Partner Account, and for restricting access to the computer equipment (mobile phone, tablet, computer, VR headset, etc.) used for the use of the LDLC VR Studio Services. The User acknowledges that the information provided for the creation of the Partner Account is and will remain accurate, verifiable, complete, and up-to-date.
2.3. LDLC VR Studio shall not be liable for any losses, damages, or deficiencies resulting from inaccurate, incomplete, or otherwise defective information or documents provided by the User. The User acknowledges that the quality of the LDLC VR Studio Services, response time, or access to certain features may depend on the capabilities of the hardware used and the electronic communication network.
2.4. Unless expressly authorized in writing by LDLC VR Studio, the User may not sell, rent, transfer, share, or grant access to their account to anyone else, including, but not limited to, charging anyone for access to account administrator rights. LDLC VR Studio reserves all available legal rights and remedies to prevent unauthorized use of the LDLC VR Studio Services, including, but not limited to, technological barriers, IP mapping, and, in serious cases, directly contacting an Internet Service Provider (ISP) regarding such unauthorized use.
ARTICLE 3. LDLC VR STUDIO SERVICES ACCESSIBILITY
3.1. Given the nature of the obligations and responsibilities outlined, the User acknowledges that the services provided by LDLC VR Studio within the framework of the LDLC VR Studio Services are subject to an obligation of means.
3.2. LDLC VR Studio makes every effort to ensure the LDLC VR Studio Services are available almost continuously. However, LDLC VR Studio may have to interrupt these services for reasons inherent to operational and maintenance constraints. Consequently, LDLC VR Studio cannot guarantee the constant availability of the LDLC VR Studio Services.
Furthermore, it is specified that the Internet network and the computer and telecommunications systems used by the User to access and use the LDLC VR Studio Services are not error-free, and interruptions and outages may occasionally occur. LDLC VR Studio cannot provide any guarantee in this regard and therefore cannot be held liable for any damages inherent in the use of the Internet and computer and telecommunications systems, including but not limited to: (a) faulty transmission and/or reception of any data and/or information over the Internet; (b) external intrusion; (c) failure of any receiving equipment or communication lines; (d) any other malfunction of the Internet network preventing the proper functioning and/or operation of the LDLC VR Studio Services.
3.3. For reasons related to system security and stability, LDLC VR Studio may automatically update, preload, create new versions of the LDLC VR Studio Services, or improve them. Consequently, the system requirements for using the software may change over time.
The User accepts these automatic updates, agrees to perform manual updates of the LDLC VR Studio Services if necessary, and acknowledges that the End User License Agreement does not grant them any right to demand updates, new versions, or other improvements to the LDLC VR Studio Services. LDLC VR Studio decides whether to provide these updates, etc., at its sole discretion.
ARTICLE 4. USE
4.1. By accessing or using the LDLC VR Studio Services, the User agrees to comply with all applicable laws and the rights of third parties, and in particular not to:
- Display, transmit, or upload via the LDLC VR Studio Services:
o Content that is indecent, pornographic, degrading, defamatory, fraudulent, obscene, threatening, harassing, or incites racial hatred.
o Content that promotes gambling or encourages illegal activities that infringe intellectual property rights, such as "hacking," unauthorized access to information systems ("cracking"), or "phreaking," or that are generally punishable by law.
o "Spam" messages (unsolicited commercial solicitation by electronic means) or messages promoting pyramid schemes.
- Use the LDLC VR Studio Services for any purpose contrary to applicable laws.
- Using LDLC VR Studio Services to defame, harass, threaten, or violate the rights of another LDLC VR Studio Services user, including, without limitation, rights relating to the protection of personal data, the right to privacy, and the right to freedom of expression.
More generally, the User agrees not to commit any action liable to civil or criminal penalties, including transmitting or communicating illegal content considered offensive, which includes the use of unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexual, racist, unethical, and/or otherwise objectionable language through any means of online public communication.
- Impersonating any natural or legal person (including LDLC VR Studio) or falsely presenting oneself as being affiliated with another natural or legal person;
- Restricting or preventing any third party from using or enjoying the LDLC VR Studio Services, in whole or in part;
- Reproducing, duplicating, copying, selling, reselling, or exploiting for commercial purposes, in whole or in part, the LDLC VR Studio Services;
- Using the LDLC VR Studio Services to promote products and services without our prior consent.
4.2. LDLC VR Studio reserves the right to terminate any use of the LDLC VR Studio Services in the event of a breach of these terms and conditions.
The User acknowledges that additional conditions may apply to access certain content on the LDLC VR Studio Services, particularly when such content is subject to restrictions imposed by rights holders. Similarly, access to certain content may change at the sole discretion of LDLC VR Studio under the conditions set forth herein.
ARTICLE 5. VR EQUIPMENT, SAFETY & HEALTH
The virtual reality products and services used under the End User License Agreement require particular vigilance from their users. Users must use the equipment provided only under the conditions and according to the recommendations of LDLC VR Studio. For any further information or questions, please contact LDLC VR Studio.
5.1. User Warning. LDLC VR Studio Services use virtual reality technology that is unsuitable for children under 12 years of age, individuals with motor or balance impairments, those prone to light sensitivity, those who are ill, under the influence of alcohol or medication, and more generally, those with serious health problems. Similarly, LDLC VR Studio Services are not recommended if the user is fatigued or sleep-deprived.
Consult a doctor before using virtual reality products if you have any doubts about the compatibility of your medical condition with this equipment.
5.2. Medical Risks. The use of virtual reality equipment may cause certain effects or symptoms such as dizziness, migraines, headaches, lightheadedness, nausea, fatigue, motion sickness-like symptoms, eye pain, blurred or altered vision, muscle or eye twitching or convulsions, loss of consciousness, disorientation, seizures, or any other uncontrolled or convulsive movement.
If such symptoms occur, it is recommended to immediately stop using the virtual reality equipment until the symptoms have completely disappeared, or, if necessary, consult a healthcare professional.
More generally, it is recommended to intersperse virtual reality experiences with sufficiently long breaks to ensure user comfort. Virtual reality experiences may require some adjustment time. Initially, it is recommended to use LDLC VR Studio Services for short periods.
5.3. Environment. Virtual reality experiences must be conducted in a suitable location, excluding any area prone to shaking or other unstable conditions. Similarly, virtual reality equipment may restrict your field of vision in your real-world surroundings.
The user must ensure that furniture is removed from an area larger than the intended use area, and that there are no walls, stairs, or immovable obstacles. Furthermore, the necessary measures must be taken to prevent pets, people, or other forms of physical obstruction from entering the designated area during use. It is also important to ensure that the equipment, including any cables associated with the hardware, does not interfere with the virtual reality experience.
5.4. Movement and Displacement. Users must follow the instructions for using the equipment. It is recommended to remain in the center of the designated area and limit excessive head, limb, and body movements.
ARTICLE 6. WARRANTIES
6.1. The LDLC VR Studio Services provided under the End User License Agreement are provided "as is" without warranty of any kind. LDLC VR Studio excludes all warranties, whether oral or written, express or implied, including, but not limited to, any warranty of quality, functionality, fitness for a particular purpose. The User assumes all risks related to the use or performance of the LDLC VR Studio Services.
6.2. LDLC VR Studio shall not be liable to the User for any damages whatsoever, whether direct or indirect (including business interruption, lost profits, loss of information, files, or other pecuniary losses, without limitation), arising out of the Agreement, the use of, or the inability to use, the LDLC VR Studio Services, even if LDLC VR Studio has been advised of the possibility of such damages.
LDLC VR Studio shall also not be liable for any losses, damages, or deficiencies resulting from inaccurate, incomplete, or otherwise defective information or documents provided by the User.
6.3. To the extent permitted by applicable law, the User agrees that any cause of action arising out of or related to the LDLC VR Studio Services must commence within one (1) year of the discovery of the cause of action. Otherwise, such action is definitively barred.
ARTICLE 7. TERMINATION
7.1. The User may terminate their license to use the LDLC VR Studio Services, at their sole discretion, at any time, by ceasing to use the LDLC VR Studio Services or by deleting the operation of the created Account.
7.2. To the fullest extent permitted by applicable law, LDLC VR Studio reserves the right, without notice and at its sole discretion, to cease providing the LDLC VR Studio Services (or any functionality) to the User, to terminate the End User License Agreement, to terminate the license to use the LDLC VR Studio Services, and to block or prevent future access to and use of the LDLC VR Studio Services for any reason whatsoever, including, but not limited to, if:
(a) the use of the LDLC VR Studio Services violates these Terms of Service or applicable law;
(b) there is fraudulent or abusive use of the LDLC VR Studio Services; or
(c) if LDLC VR Studio is unable to continue providing the LDLC VR Studio Services for legitimate technical, legal or commercial reasons.
ARTICLE 8. INTELLECTUAL PROPERTY
8.1. LDLC VR Studio is the sole owner of the LDLC VR Studio Service in its entirety, including, but not limited to, LDLC VR Studio trademarks and logos, visual interfaces, graphics, design, compilation, theme, object, character, character name, story, dialogue, slogan, concept, artwork, images, animation, sound, musical composition, audiovisual effect, their selection and arrangement, mode of operation, moral rights, documentation, information, software, and computer code (including source code or object code) (collectively, the "Materials"), which are protected by intellectual property rights and associated legal and regulatory provisions.
8.2. Under the terms of the End User License Agreement, LDLC VR Studio grants the User a personal, limited, non-exclusive, non-assignable, and non-transferable license to access the Video Game, LDLC VR Studio Services, and Materials (collectively, the "LDLC VR Studio Properties"). This license does not permit the User to engage in any of the following activities:
(a) the resale or commercial use of the LDLC VR Studio Properties;
(b) the distribution, public performance, or public display of the LDLC VR Studio Properties;
(c) the modification or any other derivative use of the LDLC VR Studio Properties, or any part thereof;
(d) the use of any data mining method, robots, or similar data gathering or extraction methods;
(e) the downloading (except for page caching) of any part of the LDLC VR Studio Properties or any information contained therein, except as expressly permitted; or
(f) any use of the LDLC VR Studio Properties, except for their intended purpose.
8.3. Any use of LDLC VR Studio Properties and any information associated with the End User License Agreement, except as expressly permitted, without the prior written authorization of LDLC VR Studio, is strictly prohibited and may constitute an infringement of intellectual property rights or other laws. LDLC VR Studio reserves all rights not expressly granted in this End User License Agreement.
8.4. Text and Data Mining Policy: LDLC VR Studio opposes all text and data mining operations as defined in Article L. 122-5-3 of the French Intellectual Property Code. This exclusion applies to all LDLC VR Studio Properties and the content to which they provide access.
All harvesting and mining of text and data targeting all or part of the LDLC VR Studio Properties, including through automated data collection devices, constitutes copyright infringement unless expressly authorized by LDLC VR Studio.
Article R. 122-28 of the French Intellectual Property Code specifies that the objection mentioned in paragraph III of Article L. 122-5-3 may be expressed by any means, including through the use of the general terms and conditions of a website or service. Therefore, the absence of metadata associated with the LDLC VR Studio Properties does not affect the exercise of the right to object as expressed in this End User License Agreement. <TDM-RESERVATION: 1>
ARTICLE 9. “LOI INFORMATIQUE ET LIBERTÉ” & GDPR
Within the framework of their contractual relationship, the Parties undertake to comply with the applicable regulations governing the processing of personal data for their respective personal databases, and in particular Law No. 78-17 of 6 January 1978 on Information Technology, Data Files and Civil Liberties (the "Data Protection Act") as well as the transposed provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (hereinafter, "the European General Data Protection Regulation").
The use of LDLC VR Studio Services results in the processing of the User's personal data in accordance with the conditions defined in the Personal Data Protection Policy accessible here.
ARTICLE 10. MISCELLANEOUS PROVISIONS
10.1. All notifications concerning the End User License Agreement must be sent by registered letter with acknowledgment of receipt to the registered office of LDLC VR Studio.
10.2. The End User License Agreement, its preamble, and any appendices which form an integral part thereof, constitute the entire agreement concerning its subject matter. It supersedes and cancels any prior agreements, whether written or oral, between the Parties relating to the use of the LDLC VR Studio Services.
10.3. Should any provision of the End User License Agreement be deemed invalid or unenforceable, the Parties shall endeavor to replace it with a provision that most closely approximates its legal and economic effect, and the remaining provisions shall continue to have full effect in accordance with the Parties' intentions as expressed in the End User License Agreement.
10.4. The fact that LDLC VR Studio does not invoke any of the clauses of the End User License Agreement at any given time, or any breach by the other Party of any of the obligations set forth in the End User License Agreement, shall not be construed as a waiver by LDLC VR Studio of its right to subsequently invoke any of said contractual stipulations.
10.5. The Parties shall not be liable for the non-performance of their obligations in the event of force majeure. Force majeure shall exist when an event beyond the control of a Party, which could not reasonably have been foreseen at the time of entering into the End User License Agreement and whose effects cannot be avoided by appropriate measures, prevents the performance of its obligation.
If the impediment is temporary, the performance of the obligation shall be suspended, unless the resulting delay justifies termination of the agreement. If the impediment lasts for more than one month, the parties must consult with each other as soon as possible to examine in good faith how the contract will be affected.
If the impediment is permanent, the contract is automatically terminated under the conditions stipulated in Articles 951 and 951-1 of the French Civil Code, at the discretion of the party affected. Without this list being exhaustive, it is expressly agreed that the following events are considered force majeure: natural disasters, earthquakes, storms, fires, floods, etc.; armed conflict, war, terrorist attacks; labor disputes; total or partial strikes at LDLC VR Studio; labor disputes; total or partial strikes at distributors, service providers, carriers, postal services, public utilities, etc.; mandatory injunctions from public authorities (import bans, embargoes, etc.); operational accidents; machinery breakdowns; explosions; and failures by LDLC VR Studio.
Each Party shall inform the other Party without delay of any event of force majeure of which it becomes aware and which, in its opinion, is likely to affect the performance of the contract.
10.6. It is expressly agreed that data from the information system of LDLC VR Studio or its subcontractors, such as connection logs, consumption records, order and payment summaries, Service management reports, or other data, are fully enforceable against the User and admissible, including in the context of legal proceedings.
10.7. The User acknowledges that the LDLC VR Studio Services and any applicable pricing conditions may evolve and be modified at any time by LDLC VR Studio, subject to the User's consent to the proposed changes. In this case, LDLC VR Studio shall inform the User by email of any amendment within thirty (30) calendar days prior to the effective date of said amendment.
The User may notify their refusal to continue using the LDLC VR Studio Services by terminating these terms and conditions and ceasing use of the LDLC VR Studio Services. The User's failure to terminate the agreement by the effective date will constitute acceptance of all proposed amendments.
10.8. This Agreement has been drafted in French and, where applicable, translated into English. In the event of any discrepancy in interpretation or contradiction between the French version and any translated version, the French version shall prevail and be the sole legally binding agreement between the Parties.
ARTICLE 11. APPLICABLE LAW & JURISDICTION
11.1. This Agreement is governed in its entirety by French law.
11.2. The Parties agree to keep each other informed of any difficulties that may arise from the interpretation of this Agreement.
11.3. The Parties agree to seek an amicable solution to their dispute before initiating legal proceedings. To this end, the Party that believes a dispute has arisen shall notify the other Party by registered letter, setting out the terms of the dispute.
A meeting must take place within fifteen (15) calendar days of the date of this letter. If no amicable solution is reached within thirty (30) calendar days, either Party may initiate any legal proceedings it deems appropriate.
If no amicable agreement is reached within this period, the dispute may be submitted to the competent court within the jurisdiction of the Court of Appeal of Lyon.
A meeting must be held within fifteen (15) days of the date of this letter. If no amicable solution is reached within thirty (30) days, either Party may initiate any legal proceedings deemed necessary.
11.4. Any dispute concerning the validity, interpretation, or performance of this Contract that cannot be resolved amicably by the Parties shall be submitted to the competent courts of Lyon.