Welcome! These Terms of Service govern your use of Hyper Hyper Hook (the “Game”). The Game is a copyrighted work belonging to Thibault SEQUIER (“Company”,“us”, “our”, and “we”). These Terms of Service, together with our Privacy Policy, (collectively, the “Terms”) set forth the legally binding terms and conditions thatgovern your use of the Game. The Game is licensed, not sold to you.
BY CLICKING THE “AGREE” BUTTON IN THE GAME, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENTTHAT YOU ARE EITHER (i) OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT or (ii) YOU ARE OVER THE AGE OF 13 AND HAVE THE CONSENT AND AREUNDER THE SUPERVISION OF YOUR PARENT OR LEGAL GUARDIAN; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITSTERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE GAME AND DELETE IT FROM YOUR MOBILE DEVICE.
Eligibility.Only persons meeting the following requirements may use the Game:
Persons who are at or above the legal age of majority in their jurisdiction (18 years old in most states) who agree to be bound of all of these Terms; or
Persons who are between the ages of 13 and the legal age of majority in their jurisdiction, who have the consent and are under the supervision of their parentor legal guardian and who agree, and consent, along with their parent or guardian, to these Terms; or
Persons who are between the ages of 10 and 12 years old who are accessing the Game through a Meta account that is set up and managed by their parent orlegal guardian (Parent-Managed Account) and provided that their parent or legal guardian has reviewed and accepted the account request for their child to download and play the Game. You can find more information about Parent-Managed Meta accounts here.
License. Subject to these Terms, your acceptance of and compliance with the same, and provided that you meet the eligibility requirements in Section 1.1 above, Company grants you a limited non-transferable, non-exclusive, revocable, limited license to download, install and use the Game for your personal, non-commercial use on a single device owned or otherwise controlled by you ("Device") strictly in accordance with the Game's documentation.
Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions. You shall not: (a) copy, reproduce, distribute,republish, download, display, post or otherwise transmit the Game in any form or by any means, except as expressly permitted by this license, (b) license, sell, rent, lease, transfer, assign, distribute, publish, host, exploit otherwise make available the Game, or any features or functionality of the Game, to any third party for any reason, including by making the Game available on a network where it is capable of being accessed by more than one device at any time; (c) modify, translate, adapt, make derivative works or improvements of the Game, whether or not patentable; (d) disassemble, decode, reverse compile or reverse engineer or otherwise attempt to derive or gain access to the source code of any part of the Game; (e) access the Game in order to build a similar or competitive product, game or service; (f) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Game, including any copy thereof; and (g) remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Game. Unless otherwise indicated, any future release, update, patch, DLC, or other addition to functionality of the Game shall be subject to these Terms. All copyright and other proprietary notices in the Game (or on any content displayed in the Game) must be retained on all copies thereof.
Modification. Company reserves the right, at any time, to modify, suspend, or discontinue the Game (in whole or in part) with or without notice to you. Youagree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Game or any part thereof.
No Support or Maintenance. You acknowledge and agree that Company will have no obligation to provide you with any support or maintenance in connectionwith the Game.
Ownership; Reservation of Rights. You acknowledge and agree that the Game is provided under license, and not sold, to you. You do not acquire anyownership interest in the Game under these Terms, or any other rights thereto other than to use the Game in accordance with these Terms. Company and itslicensors and Game providers reserve and retain their entire right, title, and interest in and to the Game, including all copyrights, trademarks, and otherintellectual property rights therein or relating thereto, except as expressly granted to you in these Terms. Neither these Terms (nor your access to the Game)transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth inSection 1.2. Company and its suppliers reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.
User Content. “User Content” means any and all information and content of any kind that you or any other user submits (e.g., content in a review,comment or other types of postings) to, or uses with, the Game, or any group, server or other manner of forum on social media organized by or associatedwith Company including without limitation, our Discord server, Tik Tok account, Twitter/X account and any of our other social accounts or pages (“OutsidePlatform(s)”). Your submission of User Content is governed by this Agreement and the Company Privacy Policy if through the Game, or if through anOutside Platform, by the terms and policies of the applicable platform, provided that your User Content must, in either case, always comply with the termsof this Section 2. By submitting User Content to through the Game or Outside
Platform, you make the following representations, warranties andAgreements:
You meet the eligibility requirements in Section 1.1 above;
You agree that you are solely responsible for, and you assume all risks associated with your User Content, including any reliance on its accuracy,completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party;
You consent to our use of your personal information as outlined in the Privacy Policy;
To the extent that you submit information that personally identifies or is otherwise of or about a third party (“Third Party Information”) through the Game or Outside Platform, you represent that all such Third Party Information is of persons who are at least 18 years of age, and that you have validly obtained all consents and provided all notices required by applicable law for the submission, disclosure and use by us of the Third Party Information;
All information or material that you submit through the Game or Outside Platform is true, accurate and complete, and you will maintain and update such information and materials as needed such that it remains true, accurate and complete;
You hereby represent and warrant that your User Content on all Outside Platforms is in full compliance with all terms, rules and guidelines of the applicable platforms.
You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy (defined in Section 2.3).
You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Company. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Company is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.
License. You hereby grant (and you represent and warrant that you have the right to grant) to Company an irrevocable, nonexclusive, royalty-free and fullypaid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise useand exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in the Game or OutsidePlatform and otherwise promoting and improving the Game. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions ofmoral rights or attribution with respect to your User Content.
Acceptable Use Policy. The following terms constitute our “Acceptable Use Policy”:
You agree not to use the Game to submit, collect, upload, transmit, display, or distribute any User Content that (i) violates any third-party right, including anycopyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) is unlawful,harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous,pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwiseobjectionable; (iii) is harmful to minors in any way; or (iv) is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
In addition, you agree not to: (i) upload, transmit, or distribute to or through the Game any computer viruses, worms, or any software intended to damage oralter a computer system or data; (ii) send through the Game unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters,pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Game to harvest, collect, gather orassemble information or data regarding other users, including email addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden onservers or networks connected to the Game, or violate the regulations, policies or procedures of such networks; (v) attempt to hack or otherwise gainunauthorized access to the Game (or to other computer systems or networks connected to or used together with the Game), whether through passwordmining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Game; (vii) circumvent Game rules or otherwise cheat duringor in connection with playing the Game; (viii) use software or automated agents or scripts to produce multiple accounts in the Game, or to generateautomated searches, requests, or queries to (or to strip, scrape, or mine data from) the Game (provided, however, that we conditionally grant to the operatorsof public search engines revocable permission to use spiders to copy materials from the Game for the sole purpose of and solely to the extent necessary forcreating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in ourrobots.txt file).
Enforcement. We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account in accordance with Section 13 , and/or reporting you to law enforcement authorities.
Feedback. If you provide Company with any feedback, information, ideas, comments or suggestions of any kind, including but not limited to feedback related to the Game or other Company projects (collectively “Feedback”), you hereby assign to Company all rights in such Feedback and agree that Company shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Company will treat any Feedback you provide to Company as non-confidential and non-proprietary. You agree that you will not submit to Company any information or ideas that you consider to be confidential or proprietary.
The Game can only be used via certain devices for a list of which are provided on the Company website and/or the third-party application marketplaces ("Marketplaces") where the application can be downloaded. Your Device must also meet the system requirements listed on the Company Website and/or the Marketplaces in connection with the Game.
Company may from time to time in its sole discretion develop and provide Game updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Device settings when your Device is connected to the internet either:
the Game will automatically download and install all available Updates; or
you may receive notice of or be prompted to download and install available Updates.
You will promptly download and install all Updates and acknowledge and agree that the Game or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Game and be subject to these Terms.
Upon downloading the Game, users will have access to certain features of the Game ("Free Features"). Company may add, remove, modify or otherwise change the free features at any time with or without notice to you.
Purchases through our Game are processed by the Marketplace where you download the Game and are governed by the Terms of Sale of the relevant Marketplace. Your purchase will be linked to your account with the Marketplace. You understand and agree that you cannot transfer purchases from one account to another. You understand and agree that we are not responsible for any problems or losses associated with your Marketplace account, including without limitation, problems transferring purchases from one device to another, restoring purchases from a lost or damaged device to a different device. We reserve the right to revise pricing for features offered for purchase through the Game at any time.
The Game may include virtual currencies such as virtual tokens or coins or make virtual items, resources or services available for purchase in connection with the Game (collectively “Digital Items"). If you are over 18 years old, you may be able to buy Digital Items. You agree that once purchased Digital Items have no monetary value and can never be exchanged for real money, real goods or real services from us or anyone else. You also agree that you will only obtain Digital Items only from us, and not from any third party. You agree that Digital Items are not transferrable to anyone else, and you will not transfer or attempt to transfer any Digital Items to anyone else.
You do not own Digital Items but instead you purchase a limited personal revocable license to use them - any balance of Digital Items does not reflect any stored value.
You agree that all sales by us or the applicable Marketplace to you of Digital Items are final and that we will not refund any transaction once it has been made. If you live in the European Union you have certain rights to withdraw from distance purchases; however, please note that when you purchase a license to use Digital Items from us, you acknowledge and agree that we will begin the provision of the Digital Items to you promptly once your purchase is complete and therefore your right of withdrawal is lost at this point. For the purposes of this Section 7.3, a "purchase" is complete at the time our servers validate your purchase and the applicable Digital Items are successfully credited to your account on our servers.
The Digital Items that you purchase will be linked to your account with the Marketplace where you make the purchase. You understand and agree that you cannot transfer Digital Items from one account to another. You understand and agree that we are not responsible for any problems or losses associatedwith your Marketplace account, including without limitation, problems transferring purchases from one device to another, restoring purchases from a lost or damaged device to a different device, or any other losses of Digital Items. The risk of loss of Digital Items is transferred to you upon completion of the purchase as described in Section 7.3 above.
We reserve the right to control, regulate, change or remove any Digital Items without any liability to you.
We may revise the pricing for Digital Items offered through the Game at any time. We may limit the total amount of Digital Items that may be purchased at any one time, and/or limit the total amount of Digital Items that may be held in your account in the aggregate. You are only allowed to purchase Digital Items from us or our authorized partners through the Game, and not in any other way.
Without limiting Section 7.4, if we suspend or terminate your account in accordance with these Terms of Service you will lose any Digital Items that you may have accumulated, and we will not compensate you for this loss or make any refund to you.
You agree to indemnify, defend, and hold Company (and its officers, employees, directors, affiliates, agents, successors, and assigns) harmless, from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Game, (b) your User Content (whenever submitted), (c) your violation of these Terms, (d) your violation of applicable laws or regulations. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Third-Party Services. The Game may display, include, make available or contain links to third-party content, websites and services, including through third party advertising (collectively, “Third-Party Services”). Such Third-Party Services are not under the control of Company, and Company is not responsible for any Third-Party Services. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Services. Company provides access to these Third-Party Services as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Services. You acknowledge and agree that Company is not responsible for Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof.Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Services. Third-Party Services and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Services.
You hereby release and forever discharge the Company (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Game (including any interactions with, or act or omission of, other Game users or any Third-Party Services). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTENDTO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
THE GAME IS PROVIDED TO YOU "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE GAME, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE.WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE GAME WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, GAMES, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, ACCURATE, RELIABLE, FREE FROM HARMFUL CODE, COMPLETE, LEGAL, SAFE, AVAILABLE ON AN UNINTERRUPTED BASIS OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE GAME FOR:
PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER OR DEVICE FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES; OR
DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE GAME.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TOYOU.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVELIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
The term of this Agreement commences when you download the Game. Subject to this Section, these Terms will remain in full force and effect while you use the Game. We may suspend or terminate your rights to use the Game (including your Account) at any time for any reason at our sole discretion, including in the event that we cease to support the Game. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement. Upon termination of your rights under these Terms, your right to access and use the Game will terminate immediately and you must immediately cease all use of the Game and delete all copies of the Game from your Device. Company will not have any liability whatsoever to you for any termination of your rights under these Terms, including for the deletion of your information and content. Even after your rights under these Terms are terminated, the provisions herein which by their nature should survive the termination of this agreement, will survive it, including without limitation: Sections 1.3, Section 2, Section 8 through 12 and Section 14. Termination of this Agreement will not limit any of Company’s rights or remedies at law or in equity.
DMCA Notices. We respect the intellectual property rights of others and we ask you to do the same. In connection with our Game, we have adopted andimplemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances,of users of our Game who are repeat infringers of intellectual property rights, including copyrights. If you are a copyright owner or an agent of a copyrightowner and believe that any content in the Game infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by contacting our Copyright Agent at legal@alternauts.com. If you believe that your copyright has been infringed by material available through the Game or related services, you may provide notice in accordance with the Copyright Act (Canada), including the Notice-and-Notice regime set out in sections 41.25 and 41.26. Your notice should include sufficient detail to identify the copyrighted work claimed to be infringed, the material that is alleged to be infringing, and your contact information. We may also, where applicable, accept notices that comply with the Digital Millennium Copyright Act (17 U.S.C. § 512) in the United States, in order to facilitate compliance with third-party platform requirements.
You must provide the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
A description of the copyright-protected work or other intellectual property right that you claim has been infringed;
A description of the material that you claim is infringing and where it is located in the Game; Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the use of those materials is not authorized by the copyright owner, its agent, or the law; and
A statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney's fees incurred by us in connection with the written notification and allegation of copyright infringement.
Counter-Notices. Regarding any content that was removed or disabled, if you believe that your content is not infringing or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your content, you may send a counter-notice toour Copyright Agent. Your counter-notice must include all the following information:
The material alleged to be infringing, including its location.
A statement by you declaring under penalty of perjury that you have a good-faith belief that the material at issue was either misidentified or mistakenly removed.
Your name, address, email address, physical address and telephone number.
One of the following two statements:
If you are located within the United States: “I consent to the jurisdiction of the United States federal district court for the judicial district in which my address is located and will accept service of process from the person who provided the notice set forth above or their agent.”
If you are located outside of the United States: “I consent to the jurisdiction of any United States federal district court where AWS is located and will accept service of process from the person who provided the notice set forth above or their agent.”
Your physical or electronic signature.
If your counter-notice does not meet all of the above requirements, it will not be valid. As with DMCA Notices, making false statements in connection with a counter-notice may result in criminal or civil penalties.
When our Copyright Agent receives a counter-notice, we may send a copy of the counter-notice to the original complaining party informing that party that we may, in 10 business days, replace the removed content or stop disabling it. Unless the copyright owner files an action seeking a court order against the provider of the content, the removed content may be replaced or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Repeat Infringer Policy. Company’s intellectual property policy is to: (i) remove or disable access to material that Company believes in good faith, upon notice from an intellectual property rights owner or their agent, is infringing the intellectual property rights of a third party by being made available through the Game; and (ii) in appropriate circumstances, to terminate the accounts of and block access to the Game by any user who repeatedly or egregiously infringes other people’s copyrights or other intellectual property rights.
Changes. These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and/or by prominently posting notice of the changes in the Game. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Our prominent posting of notice of such changes on our website will also be considered effective notice of such changes. Any changes to these Terms will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes in the Game. These changes will be effective immediately for new users of the Game. Continued use of the Game following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
Export. The Game may be subject to export control laws of Canada, the United States, and other countries. You agree not to export, re-export, or transfer, directly or indirectly, any technical data or products acquired from Company, or any products utilizing such data, in violation of the export laws or regulations of Canada, the United States, or any other applicable jurisdiction. You must comply with all applicable federal and provincial laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export or import licenses or other governmental approvals), prior to exporting, re-exporting, releasing, or otherwise making the Game available outside of Canada.
Electronic Communications. The communications between you and Company use electronic means, whether you use the Game or send us emails, or whether Company posts notices in the Game or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if they were to be in a hardcopy writing. The foregoing does not affect your non-waivable rights.
Governing Law. This Agreement is governed by and construed in accordance with the laws of the Province of Quebec and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision or rule. All legal suits, actions, or proceedings arising out of or related to this Agreement, or the Game, shall be instituted exclusively in the courts located in the judicial district of Montreal, Province of Quebec, Canada. You hereby irrevocably submit to the personal jurisdiction of such courts and waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions. THE PARTIES EXPRESSLY AGREE THAT ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE GAME MUST BE LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
Limitation of Time for Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE GAME MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder will operate as a waiver thereof, nor will any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement will govern.
Entire Terms. The Terms of Service and Privacy Policy constitute the entire agreement between you and us regarding the use of the Game. Our failure toexercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Company is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Company may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
Copyright/Trademark Information. Copyright © 2025 Thibault Sequier. All rights reserved. All trademarks, logos, and service marks (“Marks”) displayed in the Game are the property of Thibault Sequier or the property of other third parties. You may not use these Marks without our prior written permission or the permission of the applicable third-party rights holder.
Contact Information:
Email: legal@alternauts.com