Legal notice, general conditions of use and license for the game “Silicon City
The game ” Silicon City ” is published by the company POLYCORNE, a simplified joint stock company, with a capital of 2.000 € having its head office at 3, rue Gabriel de Mortillet, 74000 Annecy, registered at the RCS of Annecy, under the number 890 723 968 (hereinafter ” the PUBLISHER”).
Contact information :
3, rue Gabriel de Mortillet – 74000 Annecy
Tel : 0686474946
Email : firstname.lastname@example.org
2. PURPOSE OF THIS GENERAL END-USERS LICENCE AGREEMENT (hereinafter the ” EULA “)
This end-users licence agreement govern the terms and conditions of use of the game ” Silicon City ” (hereinafter ” SILICON CITY “).
SILICON CITY is made available to the user (hereinafter the “USER”) after purchasing a license to use the game on Steam, or any other online retail site where SILICON CITY is available for sale.
The USER shall have access to SILICON CITY after accepting the terms and conditions of sale applicable at the time of purchase of the license to use the game (hereinafter ” the T&Cs “).
3. PROVISIONS RELATING TO THESE TOS
3.1 Availability and enforceability of the general terms and conditions of use (hereinafter ” the EULA “)
The T&Cs are made available to USER on PUBLISHER’s website where they can be viewed directly.
The TOS are enforceable against the USER who acknowledges, by checking a box provided for this purpose, that he/she has been made aware of them and has accepted them when purchasing the license to use SILICON CITY.
Access to SILICON CITY is also contingent upon your full acceptance of the T&Cs.
3.2 Evolution of the EULA
PUBLISHER reserves the right to modify the EULA at any time, particularly due to changes in SILICON CITY’s functionality or for legal or technical reasons.
These changes shall be brought to the USER’s attention on the day of his or her connection that follows the change to the EULA and subject to his or her acceptance.
These TOU are applicable for the duration of the use of SILICON CITY.
5. ACCESS TO SILICON CITY
Access to and use of SILICON CITY is for strictly personal use only.
You agree not to use SILICON CITY and the information or data contained therein for commercial, political, advertising or any form of commercial solicitation and in particular the sending of unsolicited emails, or by tweets, direct personal messages, or via online discussion groups.
6. LICENSING OF ” SILICON CITY “
6.1 Right to use SILICON CITY
PUBLISHER hereby grants a personal, limited, non-exclusive, non-transferable license to access SILICON CITY, provided that you do not permit any third party :
A) To modify, copy, reproduce, disseminate, republish, sell, resell, exploit, reverse engineer (except to the extent permitted by applicable law), disassemble, create derivative works from, or distribute, in any way, all or any portion of SILICON CITY or the supporting materials provided by SILICON CITY, including, but not limited to, the design and materials, including all text, still and video images, audio and audio-visual materials, illustrations, drawings, code and/or software (for any game), as well as all copyrighted material (“Content”), unless authorized by these EULA;
B) To disrupt or participate in the disruption of any SILICON CITY server as well as any other SILICON CITY experience of the user;
C) To use, develop, distribute or sell cheat codes, automation software (“bots۠”) outside the provisions permitted by the PUBLISHER, hacking software or other unauthorized third-party software designed to modify a game;
D) To exploit SILICON CITY or any portion thereof for commercial purposes, unless authorized by PUBLISHER, including, but not limited to: (a) using it in an Internet cafe, video game center, or other location-based venue; (b) collecting additional services, including currency, items, or in-game resources for sale outside of SILICON CITY; and/or (c) performing services in SILICON CITY by getting paid outside of the game, such as power-leveling;
E) To remove, disable, or circumvent any security measures, such as digital rights management (DRM), notices, or proprietary wording on or in SILICON CITY;
F) To use any type of obscene, pornographic, inflammatory, or racially charged language or material in SILICON CITY or in the Communication Tools (as defined below);
G) To use meta tags (“meta tags”) or any other type of “hidden text”, using the PUBLISHER’s name or trademarks.
The grant of this limited license is subject to acceptance of and compliance with all of the terms and conditions set forth in these EULA.
Any unauthorized or prohibited use of SILICON CITY or the Content is a violation of laws governing civil and criminal law.
In addition, USER agrees to comply with any safety information, maintenance instructions or other relevant notices contained in the manual or other documentation accompanying SILICON CITY.
6.2 Intellectual Property Rights
The PUBLISHER or its licensors own the Content in SILICON CITY including but not limited to text, data, images, graphics, button icons, trademarks, registered or unregistered, illustrations, photographs, music, sounds, movies, videos.
The entire Content is protected by the laws in force under the intellectual property for France and/or for the whole world.
In accordance with the provisions of the Intellectual Property Code, only the use of SILICON CITY for strictly private and personal use, limited to the family circle is authorized to the exclusion of any other use.
On an exceptional basis, the USER, streamers or journalists may, without requesting permission from the PUBLISHER, use elements of the Content, such as photos, screenshots, videos of SILICON CITY, without paying royalties as intellectual property rights to the PUBLISHER, the latter remaining the owner of the intellectual property rights.
As such, PUBLISHER reserves the right to prohibit any use that is contrary to its ethical rules.
6.3 Technical Protection Measures
SILICON CITY may be protected by technical protection measures.
USER agrees and acknowledges that :
- the number of SILICON CITY installations or activations may be limited,
- some files and/or data may be downloaded to your device and some information may be collected for SILICON CITY authentication purposes,
- some downloaded files or data may remain active after SILICON CITY is uninstalled.
6.4.1 Warranty of Eviction
PUBLISHER warrants to USER that it owns all rights to license SILICON CITY.
As such, PUBLISHER represents that it owns all intellectual property rights to SILICON CITY.
PUBLISHER warrants in particular :
- that SILICON CITY does not constitute an infringement of any pre-existing work ;
- that it has respected and will respect the intellectual property rights of third parties, including copyright, design rights, patents and trademarks.
6.4.2 Warranty of Conformity
PUBLISHER warrants that SILICON CITY conforms to the specifications set forth in the documentation provided to USER at the time of online registration.
7. COMMUNICATION TOOLS
You may communicate with other SILICON CITY USERS and other SILICON CITY players within certain PUBLISHER sites and community forums (“Communication Tools”).
You hereby agree to use the Communication Tools for the sole purpose of posting, receiving or sending messages related to SILICON CITY. You agree not to:
A) Transmit messages that are offensive, illegal, abusive, defamatory, vulgar, obscene, hateful, sexual or otherwise objectionable;
B) Posting advertisements for goods or services;
C) Impersonate any other person, including, but not limited to, a POLYCORNE employee, or contact communications services for the purpose of making your message appear to be a server message or to have been posted by a SILICON CITY representative;
D) Disseminating messages of a provocative nature (“trolling”);
E) Sending spam messages, posting duplicate messages, copying messages and forwarding old messages;
F) Hacking Communication Tools or exploiting bugs;
G) Post files containing software or any other type of material protected by intellectual property laws or privacy rights, as well as advertising, unless you have legal ownership of their rights or have obtained all necessary permissions.
Additional rules regarding the use of Communication Tools may be posted within those tools themselves.
PUBLISHER reserves the right to review materials posted through the Communication Tools and to remove them at any time, without notice, for any reason and in its sole discretion. Statements made by users of the Communication Tools reflect the views only of the author(s), and the PUBLISHER assumes no responsibility for the Communication Tools or any actions resulting from your contribution to the Communication Tools. PUBLISHER will not be liable for any information you choose to communicate to other users via the Communication Services, or for the actions of other users.
If you encounter content created by another user that you find offensive (as defined in paragraph 7A above), we encourage you to report such content by filing a ticket from our support portal.
You can access the portal using the following link:https://polycorne.fr/en/help
Please provide as much information as possible in this ticket, including, but not limited to: what content you found offensive, the username of the person who exposed you to such content, what kind of platform you are using, the version number of the game, the ID/SGID of the saved game for the multiplayer session (if applicable), and any other form of relevant information that may help us identify the content and/or the USER.
8. ADDITIONAL SERVICES
“Additional Services” are those services and in-game features that USER has obtained or purchased that can only be used in-game and as set forth in these TOU, including but not limited to in-game currency and virtual goods. Additional Services are not a prerequisite for taking part in the Game and are provided to you upon request.
To avoid confusion, the Terms of Sale apply when purchasing Additional Services.
A. Weekly Additional Services Limit. You are permitted to make purchases of up to ten thousand euros (€10,000.00) of Additional Services per week;
B. If PUBLISHER has reason to believe or suspect that you are engaging in illegal or fraudulent activities related to the payment of Additional Services in the Game, the Company reserves the right to provide any relevant information to law enforcement agencies, in order to investigate any suspicions;
C. If PUBLISHER has reason to believe or suspect that you are exploiting one or more defects in the game or Services, or that you are using software that unlawfully increases the number of additional Services, including SILICON CITY currency, or benefits in SILICON CITY, or if the PUBLISHER has reason to believe or suspect that an increase in your money in SILICON CITY is the result of a defect in the system(s) related to SILICON CITY, the PUBLISHER reserves the right to take any necessary action, such as immediate termination of the use of the Service or deletion of your account, in which case the entire account will be declared terminated ;
D. USER acknowledges and agrees that: (i) this game is neither a betting game nor a gambling game nor a contest; (ii) the purchase of Additional Services is NOT essential or mandatory to participate in the game and its progress; (iii) the purchase of any Additional Services remains at the sole discretion of USER.
9. USER GENERATED CONTENT
USER-GENERATED CONTENT must not infringe upon the copyright, trademark, trade secret, patent, or other proprietary rights of any other entity; contain viruses, Trojan horses, worms, corrupted files, or other similar software or programs; violate any law or regulation; or violate or fail to comply with these TOU.
By uploading or otherwise publishing your own content, you hereby grant to PUBLISHER a non-exclusive, irrevocable, royalty-free, sublicensable, perpetual license to use, reproduce, modify, create derivative works of, distribute, broadcast or otherwise communicate, produce or publicly perform your content and derivative works of your content in connection with the marketing and promotion of SILICON CITY.
PUBLISHER is under no obligation to use or distribute or continue to distribute USER-generated content. You understand that PUBLISHER reserves the right to restrict or remove your content for any reason.
You represent and warrant that the Content, and your grant of rights in the Content, does not violate any applicable contract, law or regulation and that the Content is your original work and does not infringe the intellectual property or other rights of any third party.
PUBLISHER disclaims any responsibility for content generated by USERS. If you believe that your original works have been reproduced as content by any of our games, services or sites in a manner that constitutes an infringement of your copyright, please feel free to contact our support.
USERS may create modifications to SILICON CITY (” mods “). These TOU describe the conditions under which USERS may create and distribute mods of SILICON CITY.
- The EDITOR acknowledges that you are the owner of the mod elements, which are the result of your original creation. However, any elements of the mod that represent, are derived from, or are based on SILICON CITY (e.g., characters, settings, story, artwork, sounds, or locations) remain the property of PUBLISHER and you agree that all right, title, and interest as such shall revert to PUBLISHER.
- In order for you to design mods, PUBLISHER provides Mod Creation Tools. Subject to your compliance with these TOS, PUBLISHER grants you a non-exclusive, non-transferable, limited, revocable license to install, access and use Mod Creation Tools in SILICON CITY, as well as for any other tools offered to you by PUBLISHER to create and distribute mods.
- All use of the Mod Creation Tools, as well as the creation and publication of mods, is strictly non-commercial and, while you may not request financial compensation, you are permitted to receive voluntary donations for your creation, publications and/or use of mods.
- By publishing a mod based on SILICON CITY, you hereby grant the PUBLISHER and its affiliates a non-exclusive, royalty-free, sublicensable, perpetual license to use, reproduce, modify, create derivative works from, distribute, broadcast, and otherwise communicate, produce, or publicly perform your mod. This license explicitly includes the right to make the mod public through other distribution channels, as well as the right to adapt a mod to make it compatible with other platforms. This license shall survive the termination of this end-users license agreement.
- Your mod must not contain any material or material that may (i) violate any applicable law; (ii) resemble any recognizable trademark, character or personality of any third party, including but not limited to any trademark or logo, other than those provided by PUBLISHER ; (iii) contain third party material from other games published by the PUBLISHER and its affiliates or any other third party; (iv) contain viruses, Trojan horses, worms, corrupted files or any other similar software or programs; (v) is obscene, indecent, pornographic, offensive, defamatory, fraudulent, threatening, hateful, blasphemous, incites racial hatred, terrorism or violence, or contains gratuitous and/or graphic nudity or violence; (vi) posted or published in violation of any third party’s rights (including intellectual property rights); (vii) adversely affect PUBLISHER and its affiliates, licensees or licensors; or (viii) reference any organization whose primary business includes the sale of tobacco or tobacco related products, or firearms.
- You represent and warrant that any mod created by you and your grant of rights in such mod does not violate any applicable contract, law or regulation, that the mod is an original creation by you, and that it does not infringe the intellectual property rights or any other rights of any third party. PUBLISHER disclaims all liability with respect to any mod created, and you agree to indemnify, defend and hold harmless PUBLISHER and its affiliates, licensees, contractors, employees and agents from any and all damages, costs, losses and expenses (including attorneys’ fees) directly or indirectly related to any actions or omissions associated with the use of any mod you create and post.
- PUBLISHER reserve the right to suspend the availability of and terminate your license to any mod you have posted or any Mod Creation Tool we have provided to you. PUBLISHER is under no obligation to use or distribute or continue to distribute mods, and you understand that PUBLISHER reserves the right to restrict or remove your mods for any reason.
In the event of a breach of the provisions contained in these TOS, PUBLISHER will issue a warning to you stating your breach.
Publisher reserves the right to close USER accounts in the event of :
- acts in violation of the provisions of the Intellectual Property Code ;
- a breach by the USER of any of its obligations under these terms and conditions.
12. SILICON CITY MANAGEMENT
For the proper management of SILICON CITY, PUBLISHER may at any time:
- suspend, interrupt or limit access to all or part of SILICON CITY’s functionalities, reserve access to SILICON CITY, or to certain parts of SILICON CITY to a determined category of Internet users;
- delete any information that may disrupt the operation of SILICON CITY or contravene national or international laws, or the rules of Netiquette ;
- in order to improve the products and services offered, the PUBLISHER may ask you to download and install updates of SILICON CITY installed on your computer. You acknowledge and agree that PUBLISHER may update SILICON CITY on your computer, with or without notice.
The PUBLISHER’s responsibility cannot be engaged in case of failure, breakdown, bug, difficulty or interruption of operation, preventing access to SILICON CITY or to one of its functionalities.
The SILICON CITY connection equipment you use is your sole responsibility. You must take all appropriate measures to protect your equipment and your own data in particular from virus attacks via the Internet. Furthermore, you are solely responsible for the websites and data you consult..
The PUBLISHER shall not be liable for any legal action taken against you:
- because of the use of SILICON CITY or any service accessible via the Internet;
Publisher shall not be liable for any damages caused to you, third parties and/or your equipment as a result of your connection to or use of SILICON CITY and you waive any claim against it as a result.
If the PUBLISHER were to be the subject of amicable or legal proceedings because of your use of SILICON CITY, it may turn against you to obtain compensation for all damages, sums, condemnations and costs that may arise from such proceedings.
14. HYPERTEXT LINKS
The creation of hypertext links to SILICON CITY is free on the condition that it does not infringe on the material or moral interests of the PUBLISHER, that it does not create confusion about the source of the contents, and that it is done in compliance with the laws in force, particularly copyright.
Any information accessible via a link to other sites is not under the control of the PUBLISHER who declines all responsibility for their content.
15. ELECTRONIC COMMUNICATIONS
When you use SILICON CITY, you are communicating with us electronically.
You consent to receive communications from us electronically so that we may respond to your inquiries and comments, provide you with invoices, an activation key, or general information about SILICON CITY.
We will communicate with you via email or by posting notices on Communication Tools.
You also agree that all agreements, notices, disclosures and other electronic communications satisfy any legal requirement that such communications be in writing.
16. CUSTOMER SERVICE AND TECHNICAL SUPPORT
For information, PUBLISHER’S customer service is available at the following email address : email@example.com
17. APPLICABLE LAW
These SILICON CITY end-users licence agreement are governed by French law and subject to the jurisdiction of the courts of Annecy, subject to a specific attribution of jurisdiction arising from a particular legal or regulatory text.