General Terms and Conditions of Use — Tau Station
The website www.taustation.space (hereafter the « Website ») is provided and operated by the French Company Makes Dreams Happen, registered under the number 830 074 407 and with its head offices at 158 Chemin de la Brague, 06740 Châteauneuf-Grasse, France.
Publishing Director: Mrs Leila Contraire
Contact email: email@example.com
The Website is hosted by the company (Makes Dreams Happen, 158 Chemin de la Brague, Châteauneuf-Grass firstname.lastname@example.org).
- These General Terms and Conditions of Use (hereafter the « GTCUs »), in full, govern the use of the massively multiplayer online role-playing game Tau Station (hereafter the « Game ») as well as the various services offered on the Website described in articles 1 and 2 below (hereafter the « Services »).
- Any user willing to access the Services shall carefully read, make sure to understand and fully accept these GTCUs, which is a condition of their use of the Services.
- The access of the Services entails the full and unreserved acceptance of the GTCUs by ticking the box "I accept the General Terms and Conditions" during the registration process. By acknowledging our CGTUS, the User concludes a licensing agreement with Makes Dreams Happen, allowing him to use the Game and Services.
- If the user has not reached the age of majority in his country of residence or if he is not capable of entering into a valid agreement according to the laws of said country, he acknowledges that he has sought and obtained full permission from his legal representative to access the Services.
- If a user disagrees with any provision of the CGTUs, he should refrain from using the Services.
- The GTCUs prevail on any legal rule applicable and no special term or condition may prevail over these GTCUs unless formally accepted beforehand in writing by Makes Dreams Happen.
Article 1 - Definitions
- Shall mean the compulsory account to be created by a User to be granted access to the Services
- Shall mean the massively multiplayer online role-playing game Tau Station
- Optional Services
- Shall mean optional services offered to Players subject to a charge, as described under article 3.2.
- Shall mean any User who has registered on the Website to access the Game.
- Shall mean the services offered on the Website, which include access to the Game, the Technical Support, a chat, a forum and a blog.
- Shall have the meaning defined under article 5 below.
- Technical Support
- Shall have the meaning described under article 7 below.
- Shall mean any web User accessing the Website.
- Shall mean the site accessible at the following URL: taustation.space.
Article 2 - Access to the Services
2.1. Technical prerequisites
- Access to the Services is free but subject to the User having an efficient Internet connection, an Internet browser and an operating system. Makes Dreams Happen does not provide any support for this.
- The User may not use intermediary servers (proxies or VPNs), whether for Account creation or connecting to the Account, capable of suppressing or concealing his real IP address.
- The use of techniques to connect to the Services other than those provided by Makes Dreams Happen is strictly prohibited.
2.2. Account creation
- Access to the Services is free but subject to the priori creation of a User account (hereinafter the "Account").
- To access the Services, the User is required to create an Account by filling in the Account creation form on the Website or accessible through social networks.
- To create an Account, the following mandatory information must be provided by the user:
- Valid and personal email address,
- Password with a minimum of 8 characters,
- Character name and description, which will be visible to the other Players and should thus not be offending or insulting in any way in accordance with article 4.1.3 below. The Player should note that he is not entitled to be granted a specific character name. Thus, Makes Dreams Happen may freely change or delete the chosen character name not only for technical but also for ethical or legal reasons without requiring the Player's approval.
- The User shall, at all times:
- Guarantee that the information he provides is accurate, verifiable, complete and up-to-date.
- Make sure to keep his password secret and undertake to refrain from disclosing it to any and all third parties.
- The following optional information may also be provided while creating an Account:
- Full name
- Phone number
- To validate the Account creation, the User must confirm that he fully accepts the CGTUs by checking the box provided to this purpose.
- Upon completion of the Account creation, the User is granted the status of Player, which means that Makes Dreams Happen grants him a limited, non-exclusive and non-transferable license to access and use the Games as well as a right to use the other Services.
- Subject to a permanent ban from the Services, the User is not entitled, under any circumstance, to create more than one Account. Makes Dreams Happen reserves the right to delete multi-accounts without prior notice, without prejudice to its right to suspend or ban the concerned Player.
- It is expressly understood that the Account solely constitutes a right granted to the User to access the Services and will remain the full property of Makes Dreams Happen at all times.
Article 3 - Description of the Services
3.1. Free services
- Once his Account is activated, the User is granted a free, limited, non-exclusive and non-transferable license to access the Game, concluded for an indefinite period of time, as well as a right to use the other Services, subject to strict compliance with the GTCUs.
- Access to the Services is strictly limited to Users who have a valid Account and, consequently, a license authorizing them to use said Services.
3.2. Paid services
- In addition to the Services, Makes Dreams Happen offers optional services subject to a charge, which can be purchased in the shop section of the Player's Account (hereafter the "Optional Services").
- It is the Player's choice whether or not he wants to acquire Optional Services, which are not compulsory to progress in the Game. Before proceeding to payment on the shop, the Player will be advised by an appropriately clear marking of his obligation to pay for these Optional Services. Further details and information on Optional Services are available under article 5 below.
Article 4 - Responsibilities
4.1. Responsibilities of the User
4.1.1. Accuracy of information
- The User guarantees the veracity and accuracy of the information provided during the process of creating his Account. In the event of any subsequent change in any of this information, the User undertakes to proceed without delay with the modification of the data related to his Account.
- Consequently, Makes Dreams Happen cannot be held responsible for inaccurate or irrelevant data and information provided by the User.
4.1.2. Security of the Account
- The User is fully responsible for the integrity of his login details, and especially his password, granting access to his Account and undertakes not to disclose them to any third party.
- The User thus acknowledges that he is solely and fully responsible for the consequences of the use of his Account, whether by himself, by an unauthorized third party, or by any person to whom he has permitted access, whether through loaning, sharing, exchange, donation, purchase, transfer, and sale of his Account login details.
- Makes Dreams Happen shall not be held liable for damages that may result to a Player's Account or computer after losing or sharing his Account login details.
- In the event that a Player shall suspect that a third party has, has had or could have gained unauthorized access to his Account, he must promptly inform Makes Dreams Happen and immediately change his password.
- If Makes Dreams Happen shall suspect a misuse of a Player's login details, it may change the latter's login details or block the Account temporarily, without prior notice nor liability, until the suspicion of said misuse, either by the Player or by a third party, can be eliminated.
4.1.3. Contents provided by the Player
- The Player is solely and fully responsible for content, data and information published or exchanged by him while using the Game or Services (hereafter the "User-generated Content"), ie. through any and all Tau Station chats, forums, blogs and instant message services.
- The Player shall retain all rights on the contents he provides while using the Services, but grants Makes Dreams Happen an irrevocable, transferrable, royalty-free right to use, reproduce, transform, publish, translate, adapt, archive, edit or distribute in the whole world his User-generated Content, for the duration of the literary and artistic property applicable in his habitual place of residence.
- The Player undertakes to refrain at all times from disseminating on or through the Website User-generated Contents that constitute any form of advertising, are false, misleading, discriminatory, defamatory, sexist, pornographic, abusive, obscene, contrary to morality, inciting discrimination, hatred or violence, or violating privacy, public order or the rights (including copyrights) and reputation of Makes Dreams Happen or any and all third parties.
- The Player is also prohibited from harassing other Players in any way.
- The Player may not use the chat, forum or message services to disclose confidential or private communications, which specifically include written exchanges with Makes Dreams Happen related to moderation decisions or disciplinary actions taken against Players.
- Failing to comply with this provision may lead to temporary suspensions or permanent deletion of the User's Account (see article 7 hereunder).
- The User shall defend, indemnify and hold Makes Dreams Happen harmless from and against any appeal, legal action, dispute, claim, action and/or request for damages that any third party could form in any respect whatsoever against Makes Dreams Happen, due to the non-compliance with any of the User's obligations pursuant hereto.
- The User is required to promptly inform Makes Dreams Happen of any content posted on the Website that he deems illegal.
- The User formally undertakes not to participate in, organize or be involved in an attack against the Game, the Website, any and all of the Services or Makes Dreams Happen and its servers.
- The User refrains from any and all intentional exploitation of bugs or fault in the Game or Services, or publishing of such exploits on the Internet.
- The Player shall immediately inform Makes Dreams Happen if he notices a bug, a loophole or an error of any kind in the Game.
4.2. Responsibilities of Makes Dreams Happen
4.2.1. Access to the Website
- The Website and Services are accessible through any web browser. However, use of an uncommon or outdated browser may lead to poorer quality of the User's experience.
- The Player must have an internet connection to access the Website and Services, the cost of which will remain at his expenses.
- Makes Dreams Happen may not be held responsible in case of interruption of the access to the Services inherent to the User's Internet connection.
- Makes Dreams Happen holds no liability in case of technical difficulties affecting access to the Services, such as temporary dysfunction in the access to the Website or Services or temporary slowing down of the speed of opening of the pages of the Website.
- Makes Dreams Happen shall bear no liability for damage the Player may suffer as a result of using an internet connection or as a result of malware being installed on his computer.
4.2.2. Access to the Services
- Makes Dreams Happen may, without liability, restrict, suspend or permanently discontinue the Services at any time and shall undertake its best efforts to inform Players in advance of any predictable disruption.
- Makes Dreams Happen does not guarantee, represent or warrant that the Player's use of the Services will be uninterrupted, timely, secure or error-free.
- Makes Dreams Happen may be required to provide maintenance on the Website and will undertake its best efforts to notify Players 24 hours in advance.
- However, the responsibility of Makes Dreams Happen can never be engaged in case of temporary suspension of access to the Services for reasons of maintenance of the Website.
4.2.4. Force majeure
- Makes Dreams Happen shall not be held liable for any breach of any of its obligations if the breach was caused by an event of a force majeure nature within the meaning of French case law.
4.2.5. User-generated Content moderation
- The User is fully responsible for content, data and information published or exchanged while using the Game or the Services. Makes Dreams Happen is not required to review the correctness or lawfulness of the User-generated Content. However, once Makes Dreams Happen becomes aware of illegal or infringing content, it may at its sole discretion block or delete such content. The User has no right to demand continued storage, preservation or unchanged publication of User-generated Content.
4.2.6. Limitation of liability
- It is hereby expressly agreed and acknowledged by the User that Makes Dreams Happen may not be held liable for any remote, consequential, or immaterial damage, including loss of profit or gain, loss of data or material, including costs repair of such losses, resulting from the use of the Website or the Services.
- Makes Dreams Happen will not be held liable for damages caused to a third party by the User.
- Makes Dreams Happen is not responsible for the content of websites containing a direct or indirect reference to the Game or Services or a link to the Website and the providers of the relevant pages remain solely responsible for the content of their website.
Article 5 - Optional Services
- In order to improve their experience of the Game, Players may choose to acquire certain virtual items, such as "VIP Time" and "Bonds" in the online store accessible though the "Shop" section of their Account (hereafter the "Shop"). These virtual items may also be gained in the Game.
- Purchased items may be subject to specific conditions, for instance as regards the scope and duration of their use, which are clearly provided to the Player prior to purchase.
- There is no permanent or repeated obligation to purchase Optional Services.
- Prices for are subject to change without notice. The valid prices at the time of the Player's order are displayed in the Shop and reproduced in the order confirmation sent to the Player by email upon completion of his payment. Prices are expressed in euros, and include statutory value-added-tax.
- Payments are processed through our online payment service provider, whose General Terms of Payment shall apply supplementary. The Player may choose between the payment methods accepted by the online payment service provider. Where there is a contradiction between the General Terms of Payment of the online payment service provider and the GTCUs, the online payment service provider's Terms of Payment shall have priority.
- As payment is due in advance, the purchased virtual items will be credited on the Player's Account within moments of the receipt of his full payment.
- Makes Dreams Happen reserves the right to refuse limit or cancel quantities of any orders placed for Optional Services if, in its sole discretion, they appear to be placed by dealers, resellers or distributors, or more generally, in contradiction with the GTCUs.
- As part of adapting and updating the Game, Makes Dreams Happen may at any time offer new Optional Services and virtual items as well as change or discontinue existing Optional Services and/or virtual items for future use of the Game. In such event, the Player will have the possibility to convert his remaining virtual items purchased against a fee into a credit to be used otherwise.
- The Player acknowledges that Optional Services purchases are firm and definitive and will not, under any circumstance, be refundable or redeemable by Makes Dreams Happen at any time.
- The purchased virtual items have no cash value in the real world and do not accrue interest. It is strictly prohibited to exchange them for money, goods or services. Same, the loaning, sharing, exchange, donation, purchase, transfer, and sale of said virtual items, or attempts to do so, outside of the Website are prohibited and may lead to sanctions as provided under article 7 below.
- Virtual items acquired by a Player outside the Optional Services offered by Makes Dreams Happen may be reduced or deleted from the Player's Account at any time, without prior notice.
- In case a Player should incur a problem in using his virtual items following the purchase of Optional Services, he should contact Makes Dreams Happen's Technical Support by sending an email to email@example.com.
- The Player acknowledges that he does not benefit from a withdrawal right while purchasing Optional Services, ie digital content supplied immediately upon payment, as he has given his express approval to the premature end of said withdrawal right, by ticking the box provided to this end, as his order was executed immediately upon validation of his payment.
Article 6 - Account deletion
6.1. Deletion requested by the Player
- Any Player has the right to request the deletion of his Account, by email sent to the Technical Support, without any reason and at any time.
- Upon receipt of the Player's request, Makes Dreams Happen will proceed to the deletion of the relevant Account within the shortest period of time.
- Makes Dreams Happen may not be held responsible for the consequences related to the deletion of a Player's Account.
6.2. Deletion by Makes Dreams Happen
- In case of serious and / or repeated breach of any of the provisions of these CGTUs, Makes Dreams Happen reserves the right, at its sole discretion, to permanently delete the Player's Account without prior notice, and without prejudice to any damages that Makes Dreams Happen could also be entitled to claim.
- In addition, Makes Dreams Happen reserves the right to delete inactive Accounts. An Account is considered inactive if it has not been used for a period of 12 consecutive months.
- Makes Dreams Happen cannot be held responsible for any inconvenience caused by the deletion of an Account on its initiative, which shall not grant any right to any compensation whatsoever to the benefit of the concerned User.
6.3. The Player acknowledges that the deletion of his Account, whether at his request or at Makes Dreams Happen's initiative, does not affect Makes Dreams Happen's right to keep the personal details and data related to his Account, under the conditions described in articles 10 and 11 below.
Article 7 - Sanctions
- If Makes Dreams Happen suspects that a Player's behavior may lead to a breach of the GTCUs, it reserves the right to block the relevant Account to perform all required verifications.
- In case of breach of the GTCUs by a Player, Makes Dreams Happen may apply sanctions which include but are not limited to :
- Amendment or deletion of a User-generated Content,
- Issuance of a formal warning, noticing the User of a risk of more important sanction in case of repeated breach,
- Deletion of characteristics of a character in case it can be established that the Player has unfairly benefited from cheating or a loophole to increase said characteristics,
- Temporarily suspension of the relevant Account,
- Permanent deletion of the Account and definitive ban of the User from the Services.
- With regards to the circumstances at stake, Makes Dreams Happen reserves the right to impose any sanction it deems appropriate and necessary, at its sole discretion and without prior notice. The Player may challenge this decision within 8 days by sending an email to the Technical Support. Makes Dreams Happen shall then decide at its sole discretion whether to maintain, withdraw, or modify said sanction. This decision shall be finale.
Article 8 - Use of Technical Support
- In case a Player should encounter any kind of technical problem or abuse while accessing or using the Services, he shall submit a request to the Technical Support by sending an email to firstname.lastname@example.org.
- The Technical Support undertakes to address the Player's request within the shortest possible period of time.
- It is expressly specified that it is not the Technical Support's duty to provide Players with advise regarding progress in the Game and that any request in this respect may remain unanswered.
Article 9 - Intellectual property
9.1. All contents (including but not limited to data, images, sounds, videos, texts, software codes, programs, musical pieces) included in the Services and Website are the exclusive property of Makes Dreams Happen and are protected under trademark law, copyright or otherwise protected in favor of Makes Dreams Happen.
- The limited, non-exclusive and non-transferable license to access and use the Game and the right to use the other Services granted to the User shall not be construed as giving him a right to modify, reproduce, translate, extract or publicly disseminate any of their content by any means, whether in whole or in part. The Players acknowledges that he holds no ownership, title or property interest in the Game, Services, or Accounts.
- The unauthorized dissemination, copying, deletion or any other violation of intellectual property rights and copyrights of Makes Dreams Happen may be prosecuted under both civil and criminal law.
9.2 The limited, non-exclusive and non-transferable license to access and use the Services granted to the User is subject to the following limitations which aim at safeguarding Makes Dreams Happen's copyrights:
- The User is not permitted to copy the Game in whole or in part or to disseminate, to sell, auction, rent, lease, modify, or develop derived works, to edit, translate, execute, exhibit, sub-license or generally transfer the Game.
- All forms of commercial use of the Game and/or Services by a Player are strictly prohibited.
- The Player may not modify the Game in any way or cause any part of it to be modified.
- Any reverse engineering, disassemblement, decompilation, edition or any and all other process modifying all or part of the Game, unless expressly permitted by Makes Dreams Happen is prohibited.
- None of the Services may be used to develop another computer program or video game.
- The Player shall refrain from using and/or promoting any tool capable of causing disrupt or damage to the Game or Services, or of altering the experience of the Game, including (but not limited to) bots, viruses, Trojan horses, piracy tools, cheats, automation software, mods, or any other unauthorized software intended to modify the Game or Services.
- Collecting or tracking the personal information of other Users or Players is forbidden.
- Using the Game or Services to spam, phish, pharm, pretext, spider, crawl, or scrape is strictly forbidden.
- The User may not interfere with or circumvent the security features of the Game or any of the Services. He is prohibited from any activities that are detrimental to the Game´s functionality and its infrastructure, or damage the orderly conduction of Game, particularly to overly stress technical capacities.
- The Player may not exploit bugs or faults in the Game's programming and during gameplay that could represent an unfair advantage over the other Players or that could adversely affect the Account of a third party, harm the servers or infringe on the interests of Makes Dreams Happen.
Article 10 - Personal data
- Users acknowledge that the Website, which is registered at the National Commission Informatique et Libertés (so-called "CNIL") under number [●], collects and processes their personal details, ie information that directly or indirectly identify them.
- Users' personal data is collected in a fair and lawful manner for the purposes of security, improvement of the quality of the Services, access to Accounts and compliance with legal and regulatory obligations.
- Makes Dreams Happen takes all necessary precautions to safeguard personal data security, and in particular, to prevent such data from being accessed, damaged or distorted by unauthorized third parties.
- Makes Dreams Happen may use service providers who will collect personal details in its name and on its behalf, for instance in order to process payments of Optional Services and may also be required to securely disclose some of the Player's data to these service providers, which the Player acknowledges and accepts. Makes Dreams Happen ensures that such service providers offer the same level of precaution to safeguard the security and integrity of said personal data.
- Players are however informed that Makes Dreams Happen is under an obligation to disclose all personal data that may be requested by judicial requisition of a court, by the police or by government agencies, pursuant to French law n°78-17 of January 6, 1978 relating to data protection.
- In accordance with the above-mentioned law n°78-17, any User has a right to access, enquire and modify his personal details or to oppose the processing thereof, provided he has legitimate grounds to do so.
- Any request to this effect must be addressed to the Technical Support of the Website by sending an email to email@example.com. In order to enable Makes Dream Happen ascertaining the Player's identity while processing such request, all requests must be accompanied by a photocopy or a scan of an identity document (identity card, passport, driver's license) of the User.
- Makes Dreams Happen undertakes to respond to this request within a maximum of two months following receipt thereof.
Article 11 - Privacy
- Players are informed that Makes Dreams Happen collects information based on their in-game activity (including the log and history of all data exchanges, connection log and history or all other data linked to actions performed in the Game and on the other Services) and reserves the right to use this information as it sees fit, for instance to improve the in-game experience and to ensure compliance with the GTCUs.
- All information contained on the servers may be used by Makes Dreams Happen to perform any type of verification for the purposes of prevention and sanctions.
- The collected information is solely accessible to Makes Dreams Happen.
- All chat and instant messages that are exchanged through the Services offered on the Website, are saved by Makes Dreams Happen for the purpose of administration and to dispute resolution and are deleted after a reasonable period.
- Players should be aware that information divulged through the chat and forum becomes accessible to all other connected Account holders and that contributions to the blog will be public and accessible to any and all Users visiting the Website. Players are thus advised not to disclose personal information on these Services or to show extreme cautiousness prior to doing so, and Makes Dreams Happen shall bear no liability for the consequences for such divulgation.
- Makes Dreams Happen is under no obligation to provide information requested by a User about a specific Account, except to competent authorities as part of a criminal investigation.
- Makes Dream Happen offers Players to connect to the Services through Facebook. By connecting via this social network, the Player will be asked to accept that certain data concerning his profile is shared with Makes Dreams Happen, such as name, profile photo, list of friends.
Article 12 - Modification of the GTCUs
- In the event that the GTCUs should be updated, the Player will be asked to mark his agreement by filling a check box or clicking on a GTCUs acceptance button, failing which he will no longer have access to the Services and to his Account.
Article 13 - Cookies
- In order to facilitate the browsing of Users on the Site, Makes Dreams Happen may place cookies or similar files on its connection terminals.
- The role of cookies is to identify the User more quickly when connected and to facilitate electronic communication. Cookies also enable Makes Dreams Happen to measure the audience of the Website and elaborate statistics for its own use.
- Failing to accept the Website's cookies, the Player will not be able to access either the Game nor any of the other Services.
Article 14 - Waiver
- The failure of Makes Dreams Happen at any time to enforce any right or remedy available to it under the GTCUs with respect to any breach or failure by a Player shall not be construed to be a waiver of such right or remedy with respect to any other breach or failure by the Player.
Article 15 - Severablity
- If any of the provisions of the GTCUs are held invalid or unenforceable by law or a court of competent jurisdiction, such invalidity or unenforceability shall not invalidate or render unenforceable the entire GTCUs, but the latter shall be construed as if not containing the particular invalid or unenforceable provision(s) and the rights and obligations of the parties shall be construed and enforced accordingly.
Article 16 - Convention of proof
- Writings in electronic form will be a valid proof of the rights and / or obligations of the parties under the GTCUs. The computerized registers, stored in Makes Dreams Happen's IT systems under reasonable security conditions, are considered as proof of the communications between Makes Dreams Happen and the Users.
Article 17 - Choice of law and jurisdiction
- The GTCUs are subject to the laws of France.
- Any unresolved dispute arising out of or in connection with the purchase of Optional Services under the GTCUs may be submitted by the Player to the online dispute resolution platform for alternative dispute resolution between consumers and online traders, which is accessible through the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN