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1. ACCEPTING THE TERMS
For purposes of this EULA, "Application" means all software programs distributed, published or otherwise made available by MidGameLab or its affiliates including, but not limited to mobile games, downloadable/installable games for personal computer, and games accessed by means of a browser or other online communication method. Application also includes updates and upgrades as well as accompanying manual(s), packaging and other written, files, electronic or on-line materials or documentation, and any and all copies of such software and its materials.
These General Terms of Use (the "Terms") regulate the rights, obligations, and restrictions related to the use of the Application, online services including the Application's functions and the Internet site related to the Application ("the Services" by the user ("the User"), and provided by MidGameLab or any of its associates. Your use of the Services and the Content (as defined below) is subject to the Terms that automatically apply to any use of the aforementioned Services.
IF YOU DO NOT AGREE WITH THE TERMS OF SERVICE AND THE TERMS OF USE MENTIONED BELOW, PLEASE DO NOT CONTINUE TO USE THE SERVICES OF MIDGAMELAB.
Using the Services or Content, in whole or in part, implies that you accept and undertake to respect the Terms, MidGameLab's Privacy Policy regarding personal data (hereinafter, the "Privacy Policy"), all other notices of advertisement, and/or other terms, in particular the terms of sale from the App Stores ("Terms of Sale") and the game rules, where appropriate, applicable throughout the use of the Application, unreservedly.
You accept the Terms relating to the use of the Application by a minor by giving your approval to allow your child or a minor under your responsibility to register for or use one of our Services.
The Content includes in particular (i) all intellectual property rights (in particular but not limited to rights over marks, drawings and models, domain names, logos, copyrights related to one of the Services), (ii) all elements whether textual, graphical, musical, video, visual, or audible that appear in any of the Services, and (iii), where applicable, online User-created Content (as defined in article 8 below).
These Terms include the Privacy Policy. By acknowledging these Terms, you acknowledge to have read and accepted the Privacy Policy.
MidGameLab reserves the right, at any time, to modify the clauses of these Terms, whether by making additions or deletions.
2. ACCESSIBILITY AND ACCOUNT REGISTRATION
2.1 Account Creation
In order to be able to access and/or use certain functions and/or advantages of the Services, we may ask you to proceed with the creation of an account (hereinafter, "the Account"). You undertake to supply truthful and accurate information about the Account holder. To access the Services, you must meet certain criteria, in particular the age criteria. Certain Services may also require the creation of a user name and/or an avatar (visual identity linked to the Account and created by the User), and/or a password. The user name is a unique element, no two users can have the same one. The User Name and avatar are also subject to these Terms, they must comply with all the terms; these two elements must also comply with the rules of conduct which apply on the Internet and be lawful. They must therefore not be insulting, defamatory, vulgar, obscene, or in any other way in violation of the rights of others (in particular, without limitation, name rights and image rights).
You agree to your User Name being publicly displayed in the course of the use of the Services, thus we advise you not to include your surname.
For all other information that can be publicly displayed, please refer to our Privacy Policy.
Do not reveal your password, or memory joggers, to outside parties, MidGameLab will never initiate contact with you to ask you for this information.
2.2 Accuracy and Use of Account Data.
During the creation of your account and your registration, you agree to supply accurate and complete information, and to keep this information up-to-date, in accordance with MidGameLab's requests.
You shall not claim or imply to be any other person or entity, by providing false information concerning a parent or legal guardian or any other person, namely, by using the User Name, avatar, or any other information such as voice or image.
MidGameLab may take action to check the accuracy of the information you give, where applicable, by phone or by the email address you have given for a parent or legal guardian. In order to prevent risks of fraud, you agree to send the necessary authorizations and supporting documents to MidGameLab on request by email, fax, or post, which may include in particular a copy of your national identity card or your passport.
You agree to inform MidGameLab as quickly as possible of any unauthorized use of your User Name, password, all other Account-related information, or of any other security violation concerning the Services which comes to your attention.
3. USE OF SERVICES
3.1.
MidGameLab maintains these Services for your personal entertainment, for your information, your education, and to communicate with you. Without MidGameLab's prior written permission, you may not reproduce, distribute, modify, display, sell, rent, prepare derivative works based on, republish, or otherwise use the content of the Services, with the exception of copies of content you may need to download and store temporarily on your computer for personal use, for non-commercial purposes, and only in read mode, provided that you do not delete or modify the copyright, marks, or any notice of ownership. Unless expressly stated beforehand, nothing entitles you to any particular right of license and/or copyright and/or intellectual property on the Application and/or the Services and/or Content.
3.2.
In the event that you download software from the Services (which will be necessary for example when downloading the Application onto a Compatible Mobile Terminal, an update, an upgrade, etc.), the software, the code (in whole or in part), as well as any files, images incorporated in or generated by the software, and data accompanying the software (collectively as the "Software"), are licensed to you by MidGameLab. MidGameLab will never transfer to you the intellectual property rights to the software. You are the owner of the media on which the software is registered; however, MidGameLab reserves all rights and titles on the services, as well as its intellectual properties.
MidGameLab hereby grants you a non-transferable, non-exclusive, and non-commercial personal license, and it is exclusively for recreational purposes that will not be used for any other purpose.
You may not sell, copy, exchange, transfer, publish, rent out, grant a license for, distribute, commercialize or commercially exploit the Software and/or the Application, or to decompile it, disassemble the code, reduce it to a format that is readable to humans or grant or distribute any type of element that you can copy or derive from the Software and/or the Application.
The license permitting the installation and use of the Software and/or the Application will be effective from the time it is downloaded until terminated. You may terminate this license agreement at any time and for any reason by informing MidGameLab that you wish to terminate it. MidGameLab and its licensors may terminate your license agreement at any time, with due reason. The termination by MidGameLab will take effect within one month, if MidGameLab and/or its licensors decide definitely to cease publishing, or offering or ensuring maintenance of the Software and/or the Application. In the event of termination, by you or by MidGameLab, the license you have been granted will expire immediately and you will have to immediately and definitely uninstall the Software and/or the Application and destroy all copies that you may have. The User may not request to be refunded for any sum already paid.
You are informed that computer developments are not compatible with all computer platforms and media, and that the performances of the MidGameLab Software and the related Services may vary depending on your equipment.
The Terms of Use of online downloading platforms remain applicable in their entirety and regulate your behavior when you access the Services via the services of online downloading platforms. In the event of a conflict between the terms of use of online downloading platforms and these Terms, the terms of use of online downloading platforms shall apply. MidGameLab shall not be held liable as a result for the services of online downloading platforms. MidGameLab will be responsible only for providing customer support and the billing of services obtained via the Services.
3.3
You undertake to comply at all times during use of the Services (i) with the national and international laws and regulations in force and (ii) with these Terms. You guarantee that you will not use the Service(s) (including through the creation and use of any Content Generated by yourself) for unlawful or immoral purposes or for purposes contrary to the intended use of the services and/or their purpose.
3.4
It is important to play in a safe way and to be aware of your surroundings. You agree that your use of the Application is at your own risk and that you are obligated to follow the health insurance, civil responsibility, risk, personal injury, health, life, and all other insurance policies that you determine to be reasonably necessary in case of some inconveniences you may incur through the use of this Application.
3.5
In order to take full advantage of the Services, you must have your own means of compatible telecommunication and Internet access. The provision of Services does not require that MidGameLab supply a compatible Mobile Terminal.
4. RULES OF CONDUCT.
4.1 In particular, you undertake not to directly or indirectly:
• use within the framework of the Services any element or content which would infringe on the intellectual and industrial property rights, right to privacy and/or image rights, and/or any other rights of others;
• create, use, share, and/or publish by any means (forum, public profile, or other means) within the framework of the Services any material (text, words, images, sounds, videos, etc.) or content which, in MidGameLab's estimation, is abusive, threatening, malicious, defamatory, untruthful, pornographic, pedophilic, obscene, vulgar, racist, xenophobic, liable to incite hatred, sexually explicit, violent, contrary to morality, or is in any other way unacceptable;
• create, use, share, and/or publish by any means (forum, public profile, or other means) within the framework of the Services any material (text, words, images, sounds, videos, etc.) which would constitute a breach of an obligation of confidentiality or which would incite the committing of an unlawful act (in particular, piracy, hacking, or circulation of counterfeit software);
• conduct activities aimed at accessing elements or functions of the Services whose use has not been authorized by MidGameLab;
• arrange, modify, translate, adapt, reproduce, index, copy, and/or extract any information, software, product, or other element or part of the Content or Services, by any means without MidGameLab's express prior permission;
• modify, distort, block, abnormally burden, disrupt, slow down, and/or hinder the normal functioning of all or part of the Services, or their accessibility to other Users, or the functioning of the partner networks of the Services, or attempt to do any of the above;
• transmit or propagate any virus, Trojan, worm, bomb, corrupted file, and/or similar destructive device or corrupted data within the framework of the Services, and/or organize, participate in, or be involved in any way in an attack on MidGameLab's servers and/or the Services and/or those of its service providers and partners;
• create, use, and/or circulate "auto", "macro", or other cheat, hack, mod, trainer, or bot programs or software applications, and/or use the Services via a mirror site;
• create or supply other means enabling use of the Services by other persons, for example server emulators;
• harass other Users of the Services, send them unsolicited messages for commercial prospecting purposes, use the Services for purposes of surveys, competitions, pyramid selling or similar operations, or for sending mass emails, spam, or any unsolicited advertising or promotional items, for commercial purposes or otherwise;
• use another User's Account, assume another person's identity, or present false credentials in relation to any natural or legal person within the framework of the Services or while using of the Services;
• use any means not expressly permitted by MidGameLab to collect or intercept data exchanged by other Users within the framework of the Services, or the names/screen names and/or passwords of any other User;
• attempt to obtain a password, information concerning an Account or other information of a private nature from any other User of the Services, and/or sell, rent out, share, lend, and/or in any other way transfer to any outside party your Account and/or the means of accessing it and/or in any other way allow any outside party to benefit from your Account;
• make inappropriate use of the game help service or the claim buttons or send untruthful reports to members of MidGameLab 's personnel and/or those of its service providers and partners;
• access, use, download from the Services, or otherwise reproduce or supply to anyone (free of charge or in return for payment) any directory of Users of the Services or any other information concerning Users or use of the Services;
• refuse to obey the instructions of any MidGameLab representative, and/or impersonate any employee or representative of MidGameLab, its partners, service providers, and/or agents.
4.2 Fair Play
MidGameLab does not tolerate cheating, whether it be through the use of cheat software, the reverse engineering of the communication protocols or code, the use of multiple accounts, collusion with other players, etc. Any person found cheating will be subject to a warning, followed then by the freeze of their Account, resetting of their scores and rankings, removal of User privileges, and even the deletion of their Account, at MidGameLab's sole discretion.
By joining MidGameLab's Services, you agree to exercise constant fair play with regard to your opponents. Any User found voluntarily quitting a game before its normal completion, using stalling tactics to induce opponents to forfeit, or using foul or obscene language, could face the following risks, at MidGameLab's sole discretion: the freezing of their Account, resetting of their scores and rankings, and/or the deletion of their Account.
4.3 Monitoring of Services by MidGameLab
Opinions, advice, and/or recommendations are displayed or sent by the Users, which they are solely and wholly responsible for. MidGameLab is not responsible for these expressions.
Subject to the applicable imperative legal provisions, MidGameLab does not undertake to monitor the content made available on the Services by its Users. MidGameLab will, however, be aware of all reports of Unlawful Content (as defined in article 9 below) and will remove any element that is made available to Users that is likely to breach these Terms.
MidGameLab furthermore reserves the right to define additional rules of conduct and to place limits on the use of the Application. To the extent possible, MidGameLab will do its best to inform the User in advance of these additional rules of conduct and limits.
5. ONLINE CHAT ROOMS
The Services may include forums, chats, and/or groups information groups, or any other space allowing Users to share among themselves provided within the Services (hereinafter "Discussion Forum(s)"). The Discussion Forums are post-moderated, they do not allow for posts to be reviewed prior to being displayed on the Services.
When you post in the Discussion Forums, your user name and/or your avatar may be displayed. You confirm to have acknowledged and accepted that you are solely responsible for the disclosure and/or posting and/or circulation of your messages.
You undertake to comply with all these Terms, in particular the obligations contained in Article 4, and not to:
- publish any content which could be deemed unlawful
- restrict or prevent the use of the Discussion Forum for any other User of the Services
- transmit or obtain through the Services personal information regarding another User.
- transmit information that is unrelated to the subject or theme of the Discussion Forum
- transmit inappropriate or degrading information with regard to frequent Users of the Discussion Forum.
- harass or denigrate Users via the Discussion Forum or via private or public messages.
MidGameLab reserves the right to contact you in order to obtain more information regarding messages you post and verify that you are the owner of the content contained therein (photos, images, music, videos).
In any event, MidGameLab does not approve the opinions, advice, and/or recommendations displayed and/or sent by Users within the discussion forums and declines all responsibility regarding these.
6. INFORMATION AND PROTECTION OF MINORS
If you are a minor, and you wish to use wholly or in part the Services, you must acknowledge and understand these Terms with the help of your parents or legal guardians and obtain their consent to use the Services.
MidGameLab recommends, however, that the parents or legal guardians monitor the activities of their children or children under their guardianship, during their use of the Services. MidGameLab also recommends that you remain watchful to ensure that your children or children under your guardianship never disclose their personal data without your consent. Please note that MidGameLab is not authorized to ask for more personal information than what is necessary.
MidGameLab reserves the right to restrict or prohibit access to the Services by minors under the age of 13 years (hereinafter "Minor(s)") without obtaining your prior approval. It is understood that the Minors may be prohibited from using certain Services if they do not meet the age requirements set by the rating organizations.
Parents or legal guardians can at any time lock the account of their Minor by sending an email to the MidGameLab.
Notwithstanding the above, the use of MidGameLab's Services must take place under parental supervision, any use of the Services by a Minor is assumed to have been previously validated by their parents or legal guardians. As far as is permitted by applicable legislation, MidGameLab declines all responsibility regarding use of the Services by minors without the permission of their parents or legal guardians.
7. INTELLECTUAL PROPERTY RIGHTS
The Services are developed, edited, and managed by or on behalf of MidGameLab.
The Services and all Content, and all intellectual property rights relating to their development, to the selection of these elements, to their presentation, and to their organization, are the property of MidGameLab or their licensors and rightsholders.
Likewise, the marks, domain names, acronyms, logos, drawings, and others contained on the Services are the sole property of MidGameLab or their partners who have given them a license for use within the framework of the Services.
The Services and all Content are protected by copyright, legislation on databases, drawings and models, marks, and more generally, the international conventions and other laws protecting intellectual property and the exclusive rights related. Any reproduction or representation of these elements or wholly or partially the Content by any means and by any title is prohibited without MidGameLab's prior permission and, where applicable, of the licensors and rightsholders.
You acknowledge that you are only permitted to use these elements and information included in the Services and the Content within the limits expressly set by MidGameLab. You acknowledge and accept that none of these Terms serve to transfer the property of any mark, trade name, or any other of the Services' property rights or any part of the Services and the Content to yourself or any outside party.
8. USER GENERATED CONTENT
8.1
The Services allow you to publish Content on MidGameLab's servers. You shall not upload to, distribute through, or otherwise publish through the Services any Content which is defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violate any law. Content shall be used only for non-commercial purposes. You shall not, without our express written approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. You specifically acknowledge that soliciting other members to join or become members of any commercial service or other organization is expressly prohibited.
8.2
Except for personal information as governed by our Privacy Policy, any content or material you create via MidGameLab's Services, including, but not limited to, forum posts, user names, avatars, game scenarios, stories, images, videos, data, questions or answers, comments, suggestions, or the like, will be treated as non-confidential and non-proprietary. Anything you create or post via the Services may be used by MidGameLab and its affiliates for any purpose: products or service solicitations, reproduction, disclosure, transmission, publication, broadcast, and mailing (non-exhaustive list), on all known or as yet unknown media. You further represent that any content you upload is yours, and does not infringe on any third-party's marks or copyrights.
8.3
As such, you declare that you accept the fact that MidGameLab will be the sole owner of all rights relating to the Content that you develop online based on pre-existing MidGameLab Content, during the course of its development. By accepting these Terms, you agree to transfer irrevocably to MidGameLab, free of charge, all rights of use you may have over the Content created online by you, including but not limited to rights over trademark, patent, commercial secrets, copyright and neighboring rights, rights of publicity therein.
This transfer of rights is granted on a worldwide basis and for the period of protection of each Content created online by you by the applicable legislation.
MidGameLab, or any outside party to which the rights concerning the online User-created Content have been transferred [by MidGameLab] in accordance with this Article, may file or register any application for intellectual property rights relating to the online User-created Content in its own name, for all countries in the world.
9. ADVERTISING AND PROMOTION OF PRODUCTS
Within the Services, MidGameLab may, entirely at its own discretion, highlight certain products and/or services by inserting promotional links, advertising banners, or pop-ups, upon launching the Application. It is understood that MidGameLab may carry out cross-marketing operations with any partner of its choice.
MidGameLab is not responsible for the third party products or services highlighted (hereinafter "Third Party Services" defined in the paragraph above).
10. LIABILITY, GUARANTEE, AND COMPENSATION
While MidGameLab makes every effort to ensure the continuous availability of its servers and Services, their accessibility may be momentarily suspended for technical or maintenance reasons, without prior warning. MidGameLab does not guarantee the permanence of the content you publish on the Services, which may disappear for any reason. This is why you yourself must make your own backups of the data you share. Access to the servers requires an Internet connection whose charge and responsibility are undertaken entirely by you.
However, the material provided within the Services may contain technical errors, occasional interruptions, or inaccuracies. Your use of the Services is at your own risk. MidGameLab is not responsible for the continuous updating of the Services. MidGameLab, or any other party involved in the development of the Services, shall not be held liable for any direct, accidental, major, or indirect damages caused by access to or use of the Services. MidGameLab does not guarantee that the functional aspects of the Services will be uninterrupted or without errors, or that the Services or the servers necessary for their operation are free of viruses or harmful components. Without limiting the foregoing, all the Services are made available to you "AS THEY ARE", WITHOUT ANY GUARANTEE, EITHER EXPRESSLY, OR SUGGESTED, INCLUDING THE IMPLIED GUARANTEE OF ITS ADEQUACY FOR COMMERCIALIZATION, FITNESS FOR A SPECIFIC PURPOSE, OR NON-INFRINGEMENT (NON-EXHAUSTIVE LIST).
We wish to remind you that the Services may present third party products or services over which MidGameLab has no control and for which MidGameLab assumes no responsibility. Third Party Services are presented merely for information and the decision to use said Third Party Services is fully your responsibility and is done in accordance with the applicable terms of said Third Party Services.
You will be held solely responsible for damages caused to MidGameLab, its partners, and other Users, or any natural or legal person, where applicable, resulting from any use of the Services in violation of the law or these terms. Should this be the case, MidGameLab reserves the right to delete your Account as well as to take legal action, on the grounds of civil and/or criminal liability, in order to cease the violation and obtain compensation for damages suffered.
MidGameLab is liable only for direct damages caused by the Services, except in the case of fraud, gross negligence or willful misconduct, force majeure, death, or personal injury, and all other exclusions established in legislative and regulatory public provisions.
11. UPDATING OF SERVICES AND MODIFICATION OF TERMS
MidGameLab reserves the right to modify the conditions of access to the Services, including the billing (effective as of your next purchase), or proceeding with the permanent suspension of these Services.
MidGameLab will inform you of any change, modification, addition, or deletion to these Terms by publishing on the Services concerned a notification informing the User of the occurrence of the change, modification, addition or deletion. Furthermore, MidGameLab reserves the right to make you formally accept the new version of the Terms after you have logged into your Account within our Services.
12. PERSONAL DATA
MidGameLab places great importance on respect for your private life and undertakes to not disclose your personal data, except when expressly authorized by you or in the event of particular circumstances.
For more information regarding the use of personal data by MidGameLab, please carefully review MidGameLab's Privacy Policy.
13. HEALTH OF VIDEO GAME USERS
MidGameLab advises you to take the following precautions in all cases when using a Service. Avoid playing if you are tired and/or short of sleep. Make sure that you play in a well lit room and moderate the brightness of your screen. When you play a video game or use a Service requiring connection to a screen, play at a good distance from the screen and as far away as the connection lead allows. During use, take breaks of ten (10) to fifteen (15) minutes every hour.
Epilepsy Warning
Some individuals are liable to have epileptic fits including, in certain cases, loss of consciousness, particularly when exposed to strong luminous stimulations: rapid succession of images or repetition of simple geometrical figures, flashes, or explosions. Such individuals are exposed to risks of fits when they play certain video games containing such luminous stimulations, even if they have no pre-existing medical conditions or have never themselves been prone to epileptic fits. If you or a member of your family have previously presented symptoms of epilepsy (fit or loss of consciousness) in the presence of luminous stimulations, consult your doctor before any use.
Parents must also pay particularly close attention to their children when they play video games. If you or your child present one of the following symptoms: dizziness, vision problems, contraction of the eyes or muscles, disorientation, involuntary movement or convulsions, or momentary loss of consciousness, you must immediately stop playing and consult a doctor.
For purposes of this EULA, "Application" means all software programs distributed, published or otherwise made available by MidGameLab or its affiliates including, but not limited to mobile games, downloadable/installable games for personal computer, and games accessed by means of a browser or other online communication method. Application also includes updates and upgrades as well as accompanying manual(s), packaging and other written, files, electronic or on-line materials or documentation, and any and all copies of such software and its materials.
These General Terms of Use (the "Terms") regulate the rights, obligations, and restrictions related to the use of the Application, online services including the Application's functions and the Internet site related to the Application ("the Services" by the user ("the User"), and provided by MidGameLab or any of its associates. Your use of the Services and the Content (as defined below) is subject to the Terms that automatically apply to any use of the aforementioned Services.
IF YOU DO NOT AGREE WITH THE TERMS OF SERVICE AND THE TERMS OF USE MENTIONED BELOW, PLEASE DO NOT CONTINUE TO USE THE SERVICES OF MIDGAMELAB.
Using the Services or Content, in whole or in part, implies that you accept and undertake to respect the Terms, MidGameLab's Privacy Policy regarding personal data (hereinafter, the "Privacy Policy"), all other notices of advertisement, and/or other terms, in particular the terms of sale from the App Stores ("Terms of Sale") and the game rules, where appropriate, applicable throughout the use of the Application, unreservedly.
You accept the Terms relating to the use of the Application by a minor by giving your approval to allow your child or a minor under your responsibility to register for or use one of our Services.
The Content includes in particular (i) all intellectual property rights (in particular but not limited to rights over marks, drawings and models, domain names, logos, copyrights related to one of the Services), (ii) all elements whether textual, graphical, musical, video, visual, or audible that appear in any of the Services, and (iii), where applicable, online User-created Content (as defined in article 8 below).
These Terms include the Privacy Policy. By acknowledging these Terms, you acknowledge to have read and accepted the Privacy Policy.
MidGameLab reserves the right, at any time, to modify the clauses of these Terms, whether by making additions or deletions.
2. ACCESSIBILITY AND ACCOUNT REGISTRATION
2.1 Account Creation
In order to be able to access and/or use certain functions and/or advantages of the Services, we may ask you to proceed with the creation of an account (hereinafter, "the Account"). You undertake to supply truthful and accurate information about the Account holder. To access the Services, you must meet certain criteria, in particular the age criteria. Certain Services may also require the creation of a user name and/or an avatar (visual identity linked to the Account and created by the User), and/or a password. The user name is a unique element, no two users can have the same one. The User Name and avatar are also subject to these Terms, they must comply with all the terms; these two elements must also comply with the rules of conduct which apply on the Internet and be lawful. They must therefore not be insulting, defamatory, vulgar, obscene, or in any other way in violation of the rights of others (in particular, without limitation, name rights and image rights).
You agree to your User Name being publicly displayed in the course of the use of the Services, thus we advise you not to include your surname.
For all other information that can be publicly displayed, please refer to our Privacy Policy.
Do not reveal your password, or memory joggers, to outside parties, MidGameLab will never initiate contact with you to ask you for this information.
2.2 Accuracy and Use of Account Data.
During the creation of your account and your registration, you agree to supply accurate and complete information, and to keep this information up-to-date, in accordance with MidGameLab's requests.
You shall not claim or imply to be any other person or entity, by providing false information concerning a parent or legal guardian or any other person, namely, by using the User Name, avatar, or any other information such as voice or image.
MidGameLab may take action to check the accuracy of the information you give, where applicable, by phone or by the email address you have given for a parent or legal guardian. In order to prevent risks of fraud, you agree to send the necessary authorizations and supporting documents to MidGameLab on request by email, fax, or post, which may include in particular a copy of your national identity card or your passport.
You agree to inform MidGameLab as quickly as possible of any unauthorized use of your User Name, password, all other Account-related information, or of any other security violation concerning the Services which comes to your attention.
3. USE OF SERVICES
3.1.
MidGameLab maintains these Services for your personal entertainment, for your information, your education, and to communicate with you. Without MidGameLab's prior written permission, you may not reproduce, distribute, modify, display, sell, rent, prepare derivative works based on, republish, or otherwise use the content of the Services, with the exception of copies of content you may need to download and store temporarily on your computer for personal use, for non-commercial purposes, and only in read mode, provided that you do not delete or modify the copyright, marks, or any notice of ownership. Unless expressly stated beforehand, nothing entitles you to any particular right of license and/or copyright and/or intellectual property on the Application and/or the Services and/or Content.
3.2.
In the event that you download software from the Services (which will be necessary for example when downloading the Application onto a Compatible Mobile Terminal, an update, an upgrade, etc.), the software, the code (in whole or in part), as well as any files, images incorporated in or generated by the software, and data accompanying the software (collectively as the "Software"), are licensed to you by MidGameLab. MidGameLab will never transfer to you the intellectual property rights to the software. You are the owner of the media on which the software is registered; however, MidGameLab reserves all rights and titles on the services, as well as its intellectual properties.
MidGameLab hereby grants you a non-transferable, non-exclusive, and non-commercial personal license, and it is exclusively for recreational purposes that will not be used for any other purpose.
You may not sell, copy, exchange, transfer, publish, rent out, grant a license for, distribute, commercialize or commercially exploit the Software and/or the Application, or to decompile it, disassemble the code, reduce it to a format that is readable to humans or grant or distribute any type of element that you can copy or derive from the Software and/or the Application.
The license permitting the installation and use of the Software and/or the Application will be effective from the time it is downloaded until terminated. You may terminate this license agreement at any time and for any reason by informing MidGameLab that you wish to terminate it. MidGameLab and its licensors may terminate your license agreement at any time, with due reason. The termination by MidGameLab will take effect within one month, if MidGameLab and/or its licensors decide definitely to cease publishing, or offering or ensuring maintenance of the Software and/or the Application. In the event of termination, by you or by MidGameLab, the license you have been granted will expire immediately and you will have to immediately and definitely uninstall the Software and/or the Application and destroy all copies that you may have. The User may not request to be refunded for any sum already paid.
You are informed that computer developments are not compatible with all computer platforms and media, and that the performances of the MidGameLab Software and the related Services may vary depending on your equipment.
The Terms of Use of online downloading platforms remain applicable in their entirety and regulate your behavior when you access the Services via the services of online downloading platforms. In the event of a conflict between the terms of use of online downloading platforms and these Terms, the terms of use of online downloading platforms shall apply. MidGameLab shall not be held liable as a result for the services of online downloading platforms. MidGameLab will be responsible only for providing customer support and the billing of services obtained via the Services.
3.3
You undertake to comply at all times during use of the Services (i) with the national and international laws and regulations in force and (ii) with these Terms. You guarantee that you will not use the Service(s) (including through the creation and use of any Content Generated by yourself) for unlawful or immoral purposes or for purposes contrary to the intended use of the services and/or their purpose.
3.4
It is important to play in a safe way and to be aware of your surroundings. You agree that your use of the Application is at your own risk and that you are obligated to follow the health insurance, civil responsibility, risk, personal injury, health, life, and all other insurance policies that you determine to be reasonably necessary in case of some inconveniences you may incur through the use of this Application.
3.5
In order to take full advantage of the Services, you must have your own means of compatible telecommunication and Internet access. The provision of Services does not require that MidGameLab supply a compatible Mobile Terminal.
4. RULES OF CONDUCT.
4.1 In particular, you undertake not to directly or indirectly:
• use within the framework of the Services any element or content which would infringe on the intellectual and industrial property rights, right to privacy and/or image rights, and/or any other rights of others;
• create, use, share, and/or publish by any means (forum, public profile, or other means) within the framework of the Services any material (text, words, images, sounds, videos, etc.) or content which, in MidGameLab's estimation, is abusive, threatening, malicious, defamatory, untruthful, pornographic, pedophilic, obscene, vulgar, racist, xenophobic, liable to incite hatred, sexually explicit, violent, contrary to morality, or is in any other way unacceptable;
• create, use, share, and/or publish by any means (forum, public profile, or other means) within the framework of the Services any material (text, words, images, sounds, videos, etc.) which would constitute a breach of an obligation of confidentiality or which would incite the committing of an unlawful act (in particular, piracy, hacking, or circulation of counterfeit software);
• conduct activities aimed at accessing elements or functions of the Services whose use has not been authorized by MidGameLab;
• arrange, modify, translate, adapt, reproduce, index, copy, and/or extract any information, software, product, or other element or part of the Content or Services, by any means without MidGameLab's express prior permission;
• modify, distort, block, abnormally burden, disrupt, slow down, and/or hinder the normal functioning of all or part of the Services, or their accessibility to other Users, or the functioning of the partner networks of the Services, or attempt to do any of the above;
• transmit or propagate any virus, Trojan, worm, bomb, corrupted file, and/or similar destructive device or corrupted data within the framework of the Services, and/or organize, participate in, or be involved in any way in an attack on MidGameLab's servers and/or the Services and/or those of its service providers and partners;
• create, use, and/or circulate "auto", "macro", or other cheat, hack, mod, trainer, or bot programs or software applications, and/or use the Services via a mirror site;
• create or supply other means enabling use of the Services by other persons, for example server emulators;
• harass other Users of the Services, send them unsolicited messages for commercial prospecting purposes, use the Services for purposes of surveys, competitions, pyramid selling or similar operations, or for sending mass emails, spam, or any unsolicited advertising or promotional items, for commercial purposes or otherwise;
• use another User's Account, assume another person's identity, or present false credentials in relation to any natural or legal person within the framework of the Services or while using of the Services;
• use any means not expressly permitted by MidGameLab to collect or intercept data exchanged by other Users within the framework of the Services, or the names/screen names and/or passwords of any other User;
• attempt to obtain a password, information concerning an Account or other information of a private nature from any other User of the Services, and/or sell, rent out, share, lend, and/or in any other way transfer to any outside party your Account and/or the means of accessing it and/or in any other way allow any outside party to benefit from your Account;
• make inappropriate use of the game help service or the claim buttons or send untruthful reports to members of MidGameLab 's personnel and/or those of its service providers and partners;
• access, use, download from the Services, or otherwise reproduce or supply to anyone (free of charge or in return for payment) any directory of Users of the Services or any other information concerning Users or use of the Services;
• refuse to obey the instructions of any MidGameLab representative, and/or impersonate any employee or representative of MidGameLab, its partners, service providers, and/or agents.
4.2 Fair Play
MidGameLab does not tolerate cheating, whether it be through the use of cheat software, the reverse engineering of the communication protocols or code, the use of multiple accounts, collusion with other players, etc. Any person found cheating will be subject to a warning, followed then by the freeze of their Account, resetting of their scores and rankings, removal of User privileges, and even the deletion of their Account, at MidGameLab's sole discretion.
By joining MidGameLab's Services, you agree to exercise constant fair play with regard to your opponents. Any User found voluntarily quitting a game before its normal completion, using stalling tactics to induce opponents to forfeit, or using foul or obscene language, could face the following risks, at MidGameLab's sole discretion: the freezing of their Account, resetting of their scores and rankings, and/or the deletion of their Account.
4.3 Monitoring of Services by MidGameLab
Opinions, advice, and/or recommendations are displayed or sent by the Users, which they are solely and wholly responsible for. MidGameLab is not responsible for these expressions.
Subject to the applicable imperative legal provisions, MidGameLab does not undertake to monitor the content made available on the Services by its Users. MidGameLab will, however, be aware of all reports of Unlawful Content (as defined in article 9 below) and will remove any element that is made available to Users that is likely to breach these Terms.
MidGameLab furthermore reserves the right to define additional rules of conduct and to place limits on the use of the Application. To the extent possible, MidGameLab will do its best to inform the User in advance of these additional rules of conduct and limits.
5. ONLINE CHAT ROOMS
The Services may include forums, chats, and/or groups information groups, or any other space allowing Users to share among themselves provided within the Services (hereinafter "Discussion Forum(s)"). The Discussion Forums are post-moderated, they do not allow for posts to be reviewed prior to being displayed on the Services.
When you post in the Discussion Forums, your user name and/or your avatar may be displayed. You confirm to have acknowledged and accepted that you are solely responsible for the disclosure and/or posting and/or circulation of your messages.
You undertake to comply with all these Terms, in particular the obligations contained in Article 4, and not to:
- publish any content which could be deemed unlawful
- restrict or prevent the use of the Discussion Forum for any other User of the Services
- transmit or obtain through the Services personal information regarding another User.
- transmit information that is unrelated to the subject or theme of the Discussion Forum
- transmit inappropriate or degrading information with regard to frequent Users of the Discussion Forum.
- harass or denigrate Users via the Discussion Forum or via private or public messages.
MidGameLab reserves the right to contact you in order to obtain more information regarding messages you post and verify that you are the owner of the content contained therein (photos, images, music, videos).
In any event, MidGameLab does not approve the opinions, advice, and/or recommendations displayed and/or sent by Users within the discussion forums and declines all responsibility regarding these.
6. INFORMATION AND PROTECTION OF MINORS
If you are a minor, and you wish to use wholly or in part the Services, you must acknowledge and understand these Terms with the help of your parents or legal guardians and obtain their consent to use the Services.
MidGameLab recommends, however, that the parents or legal guardians monitor the activities of their children or children under their guardianship, during their use of the Services. MidGameLab also recommends that you remain watchful to ensure that your children or children under your guardianship never disclose their personal data without your consent. Please note that MidGameLab is not authorized to ask for more personal information than what is necessary.
MidGameLab reserves the right to restrict or prohibit access to the Services by minors under the age of 13 years (hereinafter "Minor(s)") without obtaining your prior approval. It is understood that the Minors may be prohibited from using certain Services if they do not meet the age requirements set by the rating organizations.
Parents or legal guardians can at any time lock the account of their Minor by sending an email to the MidGameLab.
Notwithstanding the above, the use of MidGameLab's Services must take place under parental supervision, any use of the Services by a Minor is assumed to have been previously validated by their parents or legal guardians. As far as is permitted by applicable legislation, MidGameLab declines all responsibility regarding use of the Services by minors without the permission of their parents or legal guardians.
7. INTELLECTUAL PROPERTY RIGHTS
The Services are developed, edited, and managed by or on behalf of MidGameLab.
The Services and all Content, and all intellectual property rights relating to their development, to the selection of these elements, to their presentation, and to their organization, are the property of MidGameLab or their licensors and rightsholders.
Likewise, the marks, domain names, acronyms, logos, drawings, and others contained on the Services are the sole property of MidGameLab or their partners who have given them a license for use within the framework of the Services.
The Services and all Content are protected by copyright, legislation on databases, drawings and models, marks, and more generally, the international conventions and other laws protecting intellectual property and the exclusive rights related. Any reproduction or representation of these elements or wholly or partially the Content by any means and by any title is prohibited without MidGameLab's prior permission and, where applicable, of the licensors and rightsholders.
You acknowledge that you are only permitted to use these elements and information included in the Services and the Content within the limits expressly set by MidGameLab. You acknowledge and accept that none of these Terms serve to transfer the property of any mark, trade name, or any other of the Services' property rights or any part of the Services and the Content to yourself or any outside party.
8. USER GENERATED CONTENT
8.1
The Services allow you to publish Content on MidGameLab's servers. You shall not upload to, distribute through, or otherwise publish through the Services any Content which is defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violate any law. Content shall be used only for non-commercial purposes. You shall not, without our express written approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. You specifically acknowledge that soliciting other members to join or become members of any commercial service or other organization is expressly prohibited.
8.2
Except for personal information as governed by our Privacy Policy, any content or material you create via MidGameLab's Services, including, but not limited to, forum posts, user names, avatars, game scenarios, stories, images, videos, data, questions or answers, comments, suggestions, or the like, will be treated as non-confidential and non-proprietary. Anything you create or post via the Services may be used by MidGameLab and its affiliates for any purpose: products or service solicitations, reproduction, disclosure, transmission, publication, broadcast, and mailing (non-exhaustive list), on all known or as yet unknown media. You further represent that any content you upload is yours, and does not infringe on any third-party's marks or copyrights.
8.3
As such, you declare that you accept the fact that MidGameLab will be the sole owner of all rights relating to the Content that you develop online based on pre-existing MidGameLab Content, during the course of its development. By accepting these Terms, you agree to transfer irrevocably to MidGameLab, free of charge, all rights of use you may have over the Content created online by you, including but not limited to rights over trademark, patent, commercial secrets, copyright and neighboring rights, rights of publicity therein.
This transfer of rights is granted on a worldwide basis and for the period of protection of each Content created online by you by the applicable legislation.
MidGameLab, or any outside party to which the rights concerning the online User-created Content have been transferred [by MidGameLab] in accordance with this Article, may file or register any application for intellectual property rights relating to the online User-created Content in its own name, for all countries in the world.
9. ADVERTISING AND PROMOTION OF PRODUCTS
Within the Services, MidGameLab may, entirely at its own discretion, highlight certain products and/or services by inserting promotional links, advertising banners, or pop-ups, upon launching the Application. It is understood that MidGameLab may carry out cross-marketing operations with any partner of its choice.
MidGameLab is not responsible for the third party products or services highlighted (hereinafter "Third Party Services" defined in the paragraph above).
10. LIABILITY, GUARANTEE, AND COMPENSATION
While MidGameLab makes every effort to ensure the continuous availability of its servers and Services, their accessibility may be momentarily suspended for technical or maintenance reasons, without prior warning. MidGameLab does not guarantee the permanence of the content you publish on the Services, which may disappear for any reason. This is why you yourself must make your own backups of the data you share. Access to the servers requires an Internet connection whose charge and responsibility are undertaken entirely by you.
However, the material provided within the Services may contain technical errors, occasional interruptions, or inaccuracies. Your use of the Services is at your own risk. MidGameLab is not responsible for the continuous updating of the Services. MidGameLab, or any other party involved in the development of the Services, shall not be held liable for any direct, accidental, major, or indirect damages caused by access to or use of the Services. MidGameLab does not guarantee that the functional aspects of the Services will be uninterrupted or without errors, or that the Services or the servers necessary for their operation are free of viruses or harmful components. Without limiting the foregoing, all the Services are made available to you "AS THEY ARE", WITHOUT ANY GUARANTEE, EITHER EXPRESSLY, OR SUGGESTED, INCLUDING THE IMPLIED GUARANTEE OF ITS ADEQUACY FOR COMMERCIALIZATION, FITNESS FOR A SPECIFIC PURPOSE, OR NON-INFRINGEMENT (NON-EXHAUSTIVE LIST).
We wish to remind you that the Services may present third party products or services over which MidGameLab has no control and for which MidGameLab assumes no responsibility. Third Party Services are presented merely for information and the decision to use said Third Party Services is fully your responsibility and is done in accordance with the applicable terms of said Third Party Services.
You will be held solely responsible for damages caused to MidGameLab, its partners, and other Users, or any natural or legal person, where applicable, resulting from any use of the Services in violation of the law or these terms. Should this be the case, MidGameLab reserves the right to delete your Account as well as to take legal action, on the grounds of civil and/or criminal liability, in order to cease the violation and obtain compensation for damages suffered.
MidGameLab is liable only for direct damages caused by the Services, except in the case of fraud, gross negligence or willful misconduct, force majeure, death, or personal injury, and all other exclusions established in legislative and regulatory public provisions.
11. UPDATING OF SERVICES AND MODIFICATION OF TERMS
MidGameLab reserves the right to modify the conditions of access to the Services, including the billing (effective as of your next purchase), or proceeding with the permanent suspension of these Services.
MidGameLab will inform you of any change, modification, addition, or deletion to these Terms by publishing on the Services concerned a notification informing the User of the occurrence of the change, modification, addition or deletion. Furthermore, MidGameLab reserves the right to make you formally accept the new version of the Terms after you have logged into your Account within our Services.
12. PERSONAL DATA
MidGameLab places great importance on respect for your private life and undertakes to not disclose your personal data, except when expressly authorized by you or in the event of particular circumstances.
For more information regarding the use of personal data by MidGameLab, please carefully review MidGameLab's Privacy Policy.
13. HEALTH OF VIDEO GAME USERS
MidGameLab advises you to take the following precautions in all cases when using a Service. Avoid playing if you are tired and/or short of sleep. Make sure that you play in a well lit room and moderate the brightness of your screen. When you play a video game or use a Service requiring connection to a screen, play at a good distance from the screen and as far away as the connection lead allows. During use, take breaks of ten (10) to fifteen (15) minutes every hour.
Epilepsy Warning
Some individuals are liable to have epileptic fits including, in certain cases, loss of consciousness, particularly when exposed to strong luminous stimulations: rapid succession of images or repetition of simple geometrical figures, flashes, or explosions. Such individuals are exposed to risks of fits when they play certain video games containing such luminous stimulations, even if they have no pre-existing medical conditions or have never themselves been prone to epileptic fits. If you or a member of your family have previously presented symptoms of epilepsy (fit or loss of consciousness) in the presence of luminous stimulations, consult your doctor before any use.
Parents must also pay particularly close attention to their children when they play video games. If you or your child present one of the following symptoms: dizziness, vision problems, contraction of the eyes or muscles, disorientation, involuntary movement or convulsions, or momentary loss of consciousness, you must immediately stop playing and consult a doctor.