IMPORTANT NOTICE:
THIS VERSION OF DISRUPTIVE LEARNING SOLUTIONS (“DLS”) END USER LICENSE AGREEMENT WILL BECOME EFFECTIVE ON June 11, 2019.
YOU SHOULD CAREFULLY READ THIS AGREEMENT (THE “AGREEMENT”) BEFORE INSTALLING OR USING DLS’S ONLINE GAMING PLATFORM. IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THIS AGREEMENT, YOU MAY NOT INSTALL OR OTHERWISE ACCESS THE PLATFORM.
Thank you for your interest in DISRUPTIVE LEARNING SOLUTIONS’s online gaming services and interactive games. This Agreement sets forth the terms and conditions under which you are licensed to install and use the Platform. As used herein, the term “Platform” refers collectively, and at times individually, to (1) the Disruptive learning Solutions online shop, (2) each of the Games, and (3) all features and components of each of them, whether installed or used on a computer or mobile device.
If you reside in the United States, Canada, Mexico, or within a Member State of the European Union, use of the Platform is licensed to you by Disruptive Learning Solutions S.A.S., a French company having its registered office at 3 rue Felix Faure,75015, Paris France, also referred to herein as “DLS”, “we,” or “us”).
The Platform.
The DLS Account. To use the Platform, you must register, or have previously registered, a DLS account (an “Account”). Creation and use of Accounts are subject to the following terms and conditions:
You may establish an Account only if: (i) you are a “natural person” and an adult in your country of residence, (ii) a Corporation, Limited Liability Companie, a partnership and other legal or business entity; and (iii) you are not an individual specifically prohibited by DLS from using the Platform.
When you create or update an Account:
in order to make purchases, you must provide DLS with accurate and up to date information that is personal to you, such as your name, address, phone number, and email address. Additionally, in order to play certain Games or use certain features offered on the Platform, you may also be required to provide DLS with payment information (such as credit card information). DLS’s retention and/or use of your personal information is subject to DLS’s Privacy Policy, located here. DLS shall also have the right to obtain non personal data from your connection to the Platform; and/or
in order to play games you must select a unique username or unique email and password (collectively referred to hereunder as “Login Information”). You may not use your real name as the password for the Account, and you cannot share the Account or the Login Information with anyone, unless the terms of this Agreement allow it.
You must maintain the confidentiality of the Login Information, as you are responsible for all uses of the Login Information and the Account, including purchases, whether or not authorized by you. If you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify DLS at https://disruptivelearningsolutions.freshdesk.com/support/home
Subject to the laws of your country of residence, minor children may utilize an Account established by their parent or legal guardian. In the event that you permit your minor child or legal ward (collectively, your “Child”) to use an Account on the Platform, you hereby agree to this Agreement on behalf of yourself and your Child, and you understand and agree that you will be responsible for all uses of the Account by your Child whether or not such uses are authorized by you.
Your use of the Platform to interact with DLS and other players is governed by DLS’s Code of Conduct (the “Code of Conduct”) and applicable in-game policies (the “In-game Policies”). The Code of Conduct and In-Game Policies are not meant to be exhaustive. The Code of Conduct and In-Game Policies are incorporated into this Agreement by this reference, and are available on DLS’s Customer Support database, at https://disruptivelearningsolutions.freshdesk.com/support/home.
You agree to pay all fees and applicable taxes incurred by you or anyone using your Account. If you choose a recurring subscription for a Game, you acknowledge that payments will be processed automatically (e.g., debited from your Paypal account, charged to your credit card or by recurring bank transfer) until you cancel the subscription or the Account. DLS may revise the pricing for the goods and services offered through the Platform at any time. YOU ACKNOWLEDGE THAT DLS IS NOT REQUIRED TO REFUND AMOUNTS YOU PAY TO DLS FOR USE OF THE PLATFORM, OR FOR DIGITAL PURCHASES MADE THROUGH THE PLATFORM, FOR ANY REASON.
Grant of License. If you accept and comply with the terms of this Agreement, DLS will grant, and you will receive, a limited, revocable, non-sub licensable, and non-exclusive license to use the Platform subject to the “License Limitations,” set forth in Section 1.C below, as follows:
You may install applicable components or features of the Platform (including the Games) on one or more computers or mobile devices under your legitimate control.
You may use the Platform for your personal and non-commercial entertainment and learning purposes only, unless specifically allowed under the terms of this Agreement.
You may not transfer your rights and obligations to use the Platform.
Some of the Games may be subject to specific license terms that may include the following:
Trial or “Starter” versions of Games allow you to play a limited version of the Game before you will be required to purchase a Game license from DLS. Licenses to use the full version of these Games can be purchased through the Platform.
In certain cases, the “full version” of Games can only be played after you purchase and add a Game license to your Account.
You may play the Game(s) you have licensed anywhere through an Account registered to you.
Certain Games may be obtained through the Platform, but may not be playable on the Platform. In such an event, the Game will be provided with a separate End User License Agreement that will govern your installation and use of the Game post purchase.
Games which are produced by DLS’s Licensors and distributed through, and/or played upon, the Platform will require that you agree to the Licensor’s End User License Agreement prior to your being able to play the Game on the Platform, and the terms and conditions of Licensor’s End User License Agreement are hereby incorporated into this Agreement by this reference. In the event of a conflict between the terms between this Agreement and a Licensor’s End User License Agreement pertaining to the use of the Licensor’s Game, the Licensor’s End User License Agreement shall supersede and govern your use of the Licensor’s Game. However, in the event of a conflict between the terms of this Agreement and the Licensor’s End User License Agreement pertaining to any other aspect of the Platform, this Agreement shall supersede and govern your use of the Platform.
License Limitations. DLS may suspend or revoke your license to use the Platform, or parts, components and/or single features thereof, if you violate, or assist others in violating, the license limitations set forth below. You agree that you will not, in whole or in part or under any circumstances, do the following:
Derivative Works: Copy or reproduce (except as provided in Section 1.B.), translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on or related to the Platform.
Cheating: Create, use, offer, promote, advertise, make available and/or distribute the following or assist therein:
cheats; i.e. methods not expressly authorized by DLS, influencing and/or facilitating the gameplay, including exploits of any in-game bugs, and thereby granting you and/or any other user an advantage over other players not using such methods;
bots; i.e. any code and/or software, not expressly authorized by DLS, that allows the automated control of a Game, or any other feature of the Platform, e.g. the automated control of a character in a Game;
hacks; i.e. accessing or modifying the software of the Platform in any manner not expressly authorized by DLS; and/or
any code and/or software, not expressly authorized by DLS, that can be used in connection with the Platform and/or any component or feature thereof which changes and/or facilitates the gameplay or other functionality;
Prohibited Commercial Uses: Exploit, in its entirety or individual components, the Platform for any purpose not expressly authorized by DLS, including, without limitation (i) playing the Game(s) at commercial establishments (subject to Section 1.B.v.3.); (ii) communicating or facilitating (by text, live audio communications, or otherwise) any commercial advertisement, solicitation or offer through or within the Platform; or (iii) organizing, promoting, facilitating, or participating in any event involving wagering on the outcome, or any other aspect of, DLS’s Games, whether or not such conduct constitutes gambling under the laws of any applicable jurisdiction, without authorization.
“esports”: Use the Platform for any esports or group competition sponsored, promoted or facilitated by any commercial or non-profit entity without obtaining additional authorization from DLS or obtaining DLS’s prior written consent. For more information on obtaining appropriate authorization, please visit DLS’s website.
Cloud Computing: Use the Platform, including a Game, in connection with any unauthorized third-party “cloud computing” services, “cloud gaming” services, or any software or service designed to enable the unauthorized streaming or transmission of Game content from a third-party server to any device.
Data Mining: Use any unauthorized process or software that intercepts, collects, reads, or “mines” information generated or stored by the Platform; provided, however, that DLS may, at its sole and absolute discretion, allow the use of certain third-party user interfaces.
Duplicated Items: Create, utilize or transact in any in-game item created or copied by exploiting a design flaw, undocumented problem, or program bug in the Platform.
Matchmaking: Host, provide or develop matchmaking services for the Game(s), or intercept, emulate or redirect the communication protocols used by DLS in any way, for any purpose, including without limitation unauthorized play over the internet, network play (except as expressly authorized by DLS), or as part of content aggregation networks.
Unauthorized Connections: Facilitate, create or maintain any unauthorized connection to the Platform including without limitation (i) any connection to any unauthorized server that emulates, or attempts to emulate, the Platform; and (ii) any connection using third-party programs or tools not expressly authorized by DLS.
Transfers: Attempt to sell, sublicense, rent, lease, grant a security interest in or otherwise transfer any copy of the Platform or component thereof, or your rights to the Platform to any other party in any way not expressly authorized herein.
Disruption / Harassment: Engage in any conduct intended to disrupt or diminish the game experience for other players, or disrupt operation of DLS’s Platform in any way, including:
Disrupting or assisting in the disruption of any computer used to support the Platform or any Game environment. ANY ATTEMPT BY YOU TO DISRUPT THE PLATFORM OR UNDERMINE THE LEGITIMATE OPERATION OF ANY GAME MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.
Harassment, “griefing,” abusive behavior or chat, conduct intended to unreasonably undermine or disrupt the Game experiences of others, deliberate inactivity or disconnecting, and/or any other activity which violates DLS’s Code of Conduct or In-Game Policies.
Violation of Laws: use the Platform to violate any applicable law or regulation.
Game-Specific Features.
- Community Tournaments. In order to support local esports tournament activities, DLS can provide a license program for organizers of community tournaments.
Beta Testing Pre-Release Versions of Games. Certain pre-release versions of Games may be made available to you through the Platform for testing (“Beta Test”). Your participation in a Beta Test through the Platform will be governed by the following:
Eligibility. In order to participate in a Beta Test, you must meet the following requirements:
DLS must designate you to participate in a Beta Test (a “Beta Tester”);
The Account that you will use to participate in the Beta Test must be in good standing;
If the Beta Test is to test an expansion to a Game, then the Account must be upgraded with all previous expansions to that particular Game;
You agree to allow DLS to obtain hardware and software information from the computer system that you will use to take part in the Beta Test (the “Beta Test System”) prior to registration for the Beta Test in order for DLS to determine if you are eligible to participate in the Beta Test; and
The Beta Test System must meet the specifications which DLS determines are required for the Beta Test.
Confidentiality. If DLS announces that a Beta Test is confidential, the Beta Test invitation you will receive will include a notice that states that the Beta Test is confidential. During a confidential Beta Test, the existence of the Beta Test and all elements thereof is to be kept confidential, and you agree to keep everything related to the Beta Test secret from everyone who is not participating in the Beta Test until DLS informs you that the Beta Test is no longer confidential. For purposes of example and not limitation, you agree that you will not disclose the following during a confidential Beta Test:
Information about the Beta Test, such as your role as a Beta Tester, the length of the Beta Test, the number of Beta Testers, how you became a Beta Tester, etc.
Information related to the Game that you are Beta Testing, such as the Game’s look and feel, playable characters, challenges, learning content, communication, grouping, questing, non-player character interaction, items, tools, stability of the Game, etc.
Feedback. During and after the Beta Test, you may be provided with an opportunity to give DLS your comments, suggestions and impressions of the Game by using tools to supply feedback and bug reports, internal websites and forums, and other methods. The Game may also include a tool that will allow your computer system to forward system and driver information to DLS in the event of a crash. This tool will collect data from your computer system related to the crash, and allow you to forward a report to DLS via electronic mail.
Acknowledgments. You acknowledge that:
the Game being Beta Tested is a work in progress and may contain bugs which may cause loss of data and/or damage to your computer system;
you have, or will, back-up your hard drive prior to installation of the Beta;
you have the resources necessary to easily reinstall the Beta Test System’s operating system and restore any and all data that may be lost;
DLS is not liable in any way for the loss of data or damage to the Beta Test System, interruptions of service, software or hardware failures, or loss of data or disruption of service;
DLS may monitor and record any and all communications, electronic or otherwise, pertaining to the Beta including, without limitation, packets, in-game chat, forum postings, etc.;
DLS may delete or modify the information stored by the Platform or the Game being Beta Tested for any reason at any time during the duration of the Beta Test;
DLS may transfer software program files to the Beta Test System, including a program that will collect and send DLS CPU, RAM, operating system, video card, and sound card information from the Beta Test System; and
You may not sell, transfer or commercially exploit access to a Beta, including the distribution of Beta keys without DLS’s express authorization.
Termination. DLS can terminate a Beta Test at any time. When DLS terminates a Beta Test, you must delete the pre-release version of the Game that was the subject of the Beta Test and all documents and materials you received from DLS in connection with the Beta Test, and you may be asked by DLS to remove any elements of the Beta from any hard drives on which the pre-release version of the Game that was the subject of the Beta Test has been installed. You agree and acknowledge that DLS’s termination of the Beta Test shall not be grounds for any refunds of any kind, including, but not limited to, digital items, refunds for time purchased to access CINQ, etc.
Sections of the Agreement Applicable to Beta Tests. When participating in a Beta Test, the terms of this Section 1.D.ii.3. shall supersede and govern over any other Section of this Agreement which may be in conflict with the terms of this Section 1.D.ii.3. Additionally, Section 1.B.iv., and 1.B.v.3. of the Agreement are specifically excluded from the use of a Beta.
DLS’s Ownership
With the sole exception of the Licensors’ Games, DLS is the owner or licensee of all right, title, and interest in and to the Platform, including the Games that are produced and developed by DLS S.A.S (“DLS Games”), Custom Games derived from a DLS Game, Accounts, and all of the features and components thereof. The Platform may contain materials licensed by third-parties to DLS, and these third-parties may enforce their ownership rights against you in the event that you violate this Agreement. The following components of the Platform (which do not include content or components of the Licensors’ Games), are owned or licensed by DLS:
All virtual content appearing within the Platform, including the DLS Games, such as:
Visual Components: Locations, artwork, structural or landscape designs, animations, and audio-visual effects;
Narrations: Themes, concepts, stories, and storylines;
Characters: The names, likenesses, inventories, and catch phrases of Game characters;
Items: Virtual goods, such as digital cards, wearable items, skins, etc.;
All data and communications generated by, or occurring through, the Platform;
All sounds, musical compositions, recordings, and sound effects originating in the Platform;
All recordings, Game replays, or reenactments of in-game matches, etc.;
Computer code, including but not limited to “Applets” and source code;
Titles, methods of operation, software, related documentation, and all other original works of authorship contained in the Platform;
All Accounts, including the name of the Account and any game Tags associated with an Account. All use of an Account shall inure to DLS’s benefit. DLS does not recognize the transfer of Accounts. You may not purchase, sell, gift or trade any Account, or offer to purchase, sell, gift, or trade any Account, and any such attempt shall be null and void and may result in the forfeiture of the Account;
All Moral Rights that relate to the Platform, including Custom Games derived from a DLS Game, such as the right of attribution, and the right to the integrity of certain original works of authorship; and
The right to create derivative works, and as part of this Agreement, you agree that you will not create any commercial work based on the Platform, except if given explicit written consent from DLS or if the work will exclusively benefit charity organizations.
Limited Warranty. THE PLATFORM, ACCOUNTS, AND THE GAME(S) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE,” BASIS FOR USE, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED OR ERROR-FREE USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. The entire risk arising out of use or performance of the Platform and the Game(s) remains with the user.
Limitations of Liability.
DLS may be liable in accordance with statutory law (i) in case of intentional breach, (ii) in case of gross negligence, (iii) for damages arising as result of any injury to life, limb or health or (iv) under any applicable product liability act. Gross negligence refers to an action or omission of significant carelessness, demonstrating a clear disregard of one’s basic duties.
Without limiting the foregoing, you agree and acknowledge that DLS may be liable for slight negligence only in case of a breach of a material contractual obligation. Material contractual obligation means any obligation (i) which is necessary for the fulfillment of the Agreement, (ii) the breach of which would jeopardize the purpose of the Agreement and (iii) the compliance with which one may generally trust in. In such cases, the liability will be limited to the typical and foreseeable damages. Slight negligence means any negligence which is not gross negligence.
Indemnity. You agree to indemnify, defend and hold DLS harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third-party resulting from or arising out of your use of the Platform, or any breach by you of this Agreement, or any Game-specific Terms of Use; however, the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.
Equitable Remedies. You agree that DLS would be irreparably damaged if the terms of this Agreement were not specifically followed and enforced. In such an event, you agree that DLS shall be entitled, without bond or other security, or proof of damages, to appropriate equitable relief in the event you breach this Agreement; and that the awarding of equitable relief to DLS will not limit its ability to receive remedies that are otherwise available to DLS under applicable laws.
Alterations.
Alterations to the Agreement.
DLS’s Rights. DLS may create updated versions of this Agreement (each a “New Agreement”) as its business and the law evolve.
New Agreements. This Agreement will terminate immediately upon the introduction of a New Agreement. New Agreements will not be applied retroactively. You will be given an opportunity to review the New Agreement before choosing to accept or reject its terms.
Acceptance. If you accept the New Agreement, and if the Account registered to you remains in good standing, you will be able to continue using the Platform and Account(s), subject to the terms of the New Agreement.
Rejection. If you decline to accept the New Agreement, or if you cannot comply with the terms of the New Agreement, you will no longer be permitted to use the Platform or Account(s).
Alterations to the Platform. DLS may change, modify, suspend, or discontinue any aspect of the Platform or Accounts at any time, including removing items, or revising the effectiveness of items in an effort to balance a Game. DLS may also impose limits on certain features or restrict your access to parts or all of the Platform or Accounts without notice or liability.
Term and Termination.
Term. This Agreement is effective upon your creation of an Account, and shall remain in effect until it is terminated or superseded by a New Agreement, or, if neither of the foregoing events occur, as long as you continue using the Platform. In the event that DLS chooses to cease providing the Platform, or license to a third party the right to provide the Platform, DLS shall provide you with no less than three (3) months prior notice. Neither the Platform nor DLS’s agreement to provide access to the Platform shall be considered a rental or lease of time on the capacity of DLS's servers or other technology.
Termination
You are entitled to terminate this Agreement at any time by notifying DLS by email at contact@disruptive-learning-solutions.com.
DLS reserves the right to terminate this Agreement at any time for any reason, or for no reason, with or without notice to you. For purposes of explanation and not limitation, most Account suspensions and terminations are the result of violations of this Agreement. In case of minor violations of these rules, DLS may provide you with a prior warning and/or suspend your use of the Account due to your non-compliance prior to terminating the Agreement or modifying or deleting an Account.
In the event of a termination of this Agreement, any right you may have had to any pre-purchased Game access or virtual goods, such as digital cards, wearable items, skins, etc., are forfeit, and you agree and acknowledge that you are not entitled to any refund for any amounts which were pre-paid on your Account prior to any termination of this Agreement. In addition, you will not be able to use the Platform.
Dispute Resolution. Any and all disputes between you and DLS which arise out of this Agreement will be resolved in accordance with the DLS Dispute Resolution Policy, which is available for your review here.
Governing Law This Agreement shall be governed by and construed in accordance with the laws of France. If you are resident in a member state of the European Union, you also enjoy the protection of the mandatory provisions of the consumer protection laws in your member state.
General.
DLS may assign this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign this Agreement without DLS’s prior written consent. Your assignment of this Agreement without DLS’s prior written consent shall be void.
DLS’s failure to enforce a provision of this Agreement shall not be construed as a (1) waiver of such provision, or (2) diminishment of any right to enforce such provisions. Further, DLS may choose to waive enforcement of a provision of this Agreement in a particular instance; however, you are still obligated to comply with that waived provision in the future.
Notices.
If to DLS. All notices given by you under this Agreement shall be in writing and addressed to: Disruptive Learning Solutions,3 rue Felix Faure, 75015 Paris, France.
If to You. All notices given by DLS under this Agreement shall be given to you either through written notice, email, or website blog post. These notice forms and instances are specified in our Privacy Policy, which can be reviewed at https://disruptive-learning-solutions.com/privacy-policy
DLS shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of DLS, such as natural disasters, unforeseen intrusions into our cyberspace, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
If any part of this Agreement is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of this Agreement shall be given full force and effect.
This Agreement, along with DLS’s other applicable agreements located on DLS’s Legal Documentation page, constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements.
The provisions of Sections 5, 6, 7, 8, 11 and 12 shall survive termination of this Agreement for any reason.
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