Within these Terms, words or expressions in bold have the following meanings:
Anomaly: Refers to any bug, error, failure, malfunction, incident, blockage, design or construction defect, incompatibility, insufficiency and/or degradation of the performance of the Platform
Applications: refers to all the codes and solutions offered to the Player by L3V3L as part of the Services associated with the Platform
Contract: Contract means this document and its annexes as listed in Article 2.
GTCUS: General Conditions of Use and Sale of the Platform with the Publisher
GCUS: General Conditions of Use and Service of the Platform with the Player of the Publisher
Login: Act of connecting to the Platform with a username and password
Disconnection: Act of disconnecting from the Platform
Documentation: refers to documentation of any kind relating to the Applications and /or Services associated with the Platform that the Company provides to the Publisher formalizing the repository of functional and technical specifications of the Applications and associated Services.
Data: refers to all the information and data of the Player of the Publisher, including all Personal Data, entered, entered or downloaded, automatically or by the Player in the Applications, or processed, modified or generated by or via the Applications. The Data is Confidential Information and remains the property of the Publisher's Player.
Personal Data: means data which, within the meaning of Data Protection Legislation, makes it possible to designate or identify, directly or indirectly, a natural person.
Publisher: Any professional user of the Platform signatory of the GTUS but in this case,
Identifier: refers to the specific term by which each Publisher or Player will identify himself to connect to the Services associated with the Platform. The username will always be accompanied by a password specific to each Publisher or Player
Security Incident: means any breach of the security of the Applications and/or the confidentiality, completeness and/or integrity of the Data, any Personal Data Breach (as defined in the Data Protection Legislation)), as well as more broadly any unauthorized and/or unlawful access, acquisition, use, disclosure, modification, hosting/processing, destruction or loss of Data.
Confidential Information: Has the meaning given to it in Article 15 hereof.
Video game: the video game published by the Platform’s Client Publisher and running on a browser or on its dedicated application and using Services associated with the Platform for interaction between Players and the awarding of rewards with functionalities permitted by the Platform. By video game within the meaning of this contract, it is meant the animated and interactive game, comprising a homogeneous set of data of various natures such as animated characters and scenes, drawings, sounds (etc.).
Player: Any non-professional user of the Platform and who is part of the community of a Publisher by playing his Video Game
Data protection legislation means all laws and regulations relating to the protection of personal data and applicable to either Party under this Agreement and in particular, the European General Data Protection Regulation 2016/679 ("GDPR"), as well as the national legislation adopted pursuant to the GDPR, including the Data Protection Act of 6 January 1978 as amended.
Parties: Refers together to the Publisher and the Company to the Contract.
Platform: The site is accessible via the URL https://www.l3v3l.games
Associated Services refers to all the services that the Company undertakes to provide to the Publisher and the Players in execution of the Contract, in particular the provision of the Applications of the Platform and the support and corrective and evolutionary maintenance of the Applications.
Scenario: By Scenario, we must understand all the sound and visual sequences of the game, their sequence and their tree structure, the interactive principles and more generally all the elements and data that make up the scenes of the game and the story serving as a support for the Video Game. The Platform allows, through specific functionalities, to improve this scenario. The video game and its scenario are developed under the sole responsibility of the Publisher,
SOL: Native crypto assets of the Solana blockchain.
Smart Contract: Smart contract corresponding to computer instructions running on a Blockchain.
Company (or Jwa Lab SAS or L3V3L): The company Jwa Lab SAS with a capital of 37,076.00 euros, whose registered office is located at 15 avenue Albert Schweitzer 67120, Duttlenheim, Bas Rhin.
End User: All persons and entities with full legal capacity and accessing the Platform and connecting to the Applications and benefiting from the Services associated with the Platform in accordance with the provisions of the Agreement. It is in this case, the synonym of Player who accesses the Platform via: https://xp.l3v3l.games
This Agreement consists of these Terms and Conditions and their Appendices (the Schedules have no hierarchy between them):
In the event of a contradiction between one or more stipulations contained in any of the contractual documents, the document of higher rank shall prevail. In the event of a contradiction between one or more stipulations contained in contractual documents of the same rank or between successive versions of the contractual documents, the most recent document shall prevail.
To access the Platform and use the associated Services, the Player must have functional computer equipment, a stable internet connection and a compatible internet browser. L3V3L cannot be held responsible for any incompatibility of the End User's computer equipment with the Platform or some of its associated Services.
Identifiers are assigned individually to each Player and a temporary password is also communicated by L3V3L. It is the responsibility of each End User, Player to change their password. The use and preservation of the confidentiality of the Identifiers is the sole responsibility of the End User. The Player must therefore ensure that the confidentiality of the Identifiers is respected. Any loss or involuntary disclosure of elements that may allow a third party to become acquainted with a Player's Identifiers must be immediately reported in writing to the Company. In case of loss or misappropriation of an Identifier, a procedure for assigning new identifiers may be implemented. This procedure is described upon request to the Company. L3V3L reserves the right in all cases to close or suspend the account of the End User concerned, without its liability under the Contract.
The Connection to the platform is only open to persons and entities with full legal capacity. The Connection is a mandatory prerequisite for any interaction with the Platform and use of the associated Services.
The Player undertakes to communicate only real data and sincere information. The site that hosts the Platform may use cookies.
The Player accepts on his own behalf and on behalf of other persons who use the Services associated with the L3V3L Platform, the privacy and personal data processing policy incorporated into this Agreement.
In order to connect to his account, the End User must enter his login provided by email and his password and then comply with other security protocols that may be implemented by L3V3L.
L3V3L guarantees the Player access to the platform in Player version in accordance with the provisions of Article 6 hereof.
To access the Services associated with the Platform allowing, thanks to the Applications, to customize the Scenario of the Video Game of the Publisher, the Player must be connected to the Platform.
The Player also acknowledges that L3V3L cannot be held responsible for connection difficulties due to disruptions in the Player's internet network.
The Player agrees to consider his access credentials as Confidential Information on any electronic device he uses and agrees not to disclose this information to third parties.
THE PLAYER ACKNOWLEDGES BEING RESPONSIBLE FOR ALL ACTIVITIES CARRIED OUT VIA HIS PUBLISHER ACCOUNT, NOTWITHSTANDING THAT THESE ACTIVITIES HAVE NOT BEEN AUTHORIZED BY HIM.
The End User of the Platform may disconnect from it at any time by clicking on the disconnect button. The Player acknowledges L3V3L’s right to refuse access to the Platform, without notice, in particular in the event of a breach of the GTCU, in the event of illegal or contrary to morality observed on the Platform or noted by another Player or any Publisher, in the event of reported abuses regarding the use of the associated Services to the Platform, in the event of abusive or fraudulent use of the services or in the event of identity theft.
The Services associated with the Platform for Players allow, through the Applications, to customize the Scenario of the Video Game of the Publisher and to create missions and rewards for the benefit of the Player connected to the Platform.
The Services associated with the Platform are accessible by Players at any time, 24 hours a day, 7 days a week, except for scheduled maintenance periods or interruptions resulting from a security breach.
The Player is informed, however, that the connection to the Platform is made via the Internet. As such, it is warned of the technical hazards that can affect this network and cause slowdowns or unavailability making the connection impossible. L3V3L cannot be held responsible for difficulties in accessing the Services associated with the Platform due to disruptions to the Internet network.
The Player acknowledges that access to the Services associated with the Platform may also be temporarily interrupted for reasons of necessity related to the need to ensure the maintenance of L3V3L’ s servers.
Similarly, in the event of a security breach noted by the Player, likely to seriously compromise the security of the Services associated with the Platform and/or the Data, L3V3L may proceed, without notice, to a temporary interruption of the associated Services in order to remedy the security breach as soon as possible.
Browsing and Connecting to the Platform are free for site visitors and Players.
The Player may decide to stop using the Platform at any time.
The details of the Services associated with the platform for the Publisher and the Players are referred in the Appendices hereto. They mainly allow the addition of missions to the Video Game Scenario and the obtaining of rewards for the Players of the Publisher's community.
The Player declares and guarantees to the Company that he acts in his own name and on his own behalf in his capacity as an adult natural person, with full capacity to contract or legal representative or duly authorized of a legal person.
The Player undertakes to publish only authentic information and content, and texts on which he has the necessary rights, including intellectual property. The Player undertakes to make normal and legal use of the Service offered by the Platform. The Player undertakes, directly or by allowing access to third parties, not to send viruses, spam, mail chain, unsolicited offers of any kind, not to investigate, scan, test, perform reverse engineering, use automatic systems to extract data from the site and not to copy the interface and any element of the Platform.
Each Player must declare and guarantee to the Company that he acts in his own name and on his own behalf in his capacity as an adult natural person, having full capacity to contract or legal representative or duly authorized of a legal person and this by adhering to the GCUS of the Platform.
The Player acknowledges being warned that the Applications, and the documentation that describes the Services associated with the Platform, are and remain the property of the Company or its licensors. The Player hereby refrains from reproducing any element of the code of the Applications, by any means whatsoever, in any form whatsoever and on any medium whatsoever.
The Player, End User of the Platform, is the sole owner of the rights to the Data processed as part of the Services associated with the Platform. L3V3L's personal data processing policy is available in APPENDIX I.
Access to the Data is reserved for the Player only.
As part of the performance of the Services associated with the Platform, L3V3L acknowledges that it is required to process Personal Data. It undertakes to process the Personal Data entrusted to it in accordance with the provisions of the Data Protection Legislation. To benefit from the services associated with the Platform, the Player must provide the following data in accordance with the processing policy to which he adheres in Appendix I of the Contract:
(a) Its End User ID (time it is created).
(b) Email address.
(c) Its logs (date and time).
(d) Its geographical location.
THE PLATFORM IS NOT AVAILABLE FOR US, RUSSIAN, AND CHINESE PEOPLE. THE PLATFORM IS NOT AN EXCHANGE REGISTERED UNDER SECTION 6 OF THE UNITED STATES SECURITIES EXCHANGE ACT OF 1934 OR AN ALTERNATIVE TRADING SYSTEM APPROVED BY THE U.S. SECURITIES AND EXCHANGE COMMISSION (THE "SEC") FOR THE PURPOSES OF SEC ATS ON REQUIREMENTS FOR ALTERNATIVE TRADING SYSTEMS ("ATS REGULATION") AND IS NOT EXEMPT FROM THE REQUIREMENTS OF THE ATS REGULATION. IN ADDITION, THE PLATFORM HAS NOT BEEN OR WILL NOT BE REGISTERED UNDER THE UNITED STATES SECURITIES ACT OF 1933, AS AMENDED (THE "SECURITIES ACT") OR WITH ANY SECURITIES REGULATORY AUTHORITY OF ANY STATE, PARTICULARLY IN FRANCE, UNDER THE REGULATIONS RELATING TO THE REGISTRATION OF DIGITAL ASSET SERVICE PROVIDERS (PSAN) OR ANY OTHER JURISDICTION. THEREFORE, THE PLATFORM MAY NOT BE ACCESSED OR USED BY ANY U.S. CITIZEN (AS DEFINED IN U.S.A. SUBCHAPTER III) OR ANY U.S. PERSON (AS DEFINED IN 17 CFR S230.902(K), OR CHINESE CITIZENS OR RUSSIAN CITIZENS.
The Player acknowledges being warned that the Company does not have control over the risks mentioned below and expressly accepts that the Company will not be liable in the event of a claim corresponding to the occurrence of a risk mentioned below. In addition, other risks, not yet identified or considered insignificant by the Company, at the date of these GTUS could also have an adverse effect.
The Player acknowledges being warned that legislative, regulatory or other changes in standards applicable to the Company's activities may prevent the continuation of activities and the continuity of the Services associated with the Platform.
The Company undertakes to make the best efforts to ensure the availability and continuity of the Services on the Platform but cannot provide any specific guarantee. The Company cannot be held liable in the event of deterioration of computer equipment or slowdown of the Internet connection of the Publisher or the Player or any direct or indirect damage caused by a virus, a mirror site, phishing, a break in service due to intrusion or malfunction, interruption or any use of the Platform and associated Services to the Platform or due to force majeure. The Company cannot be held responsible in case of screenshots and / or aspiration of data and their subsequent dissemination. The Company can in no way be held liable for indirect damages suffered by the Player that may occur as a result of or during the execution of this Contract and its consequences. Indirect damages include, but are not limited to, loss of winnings or profits, loss of opportunity, commercial damage, the consequences of claims or claims by third parties against the Publisher or the Player, notwithstanding the fact that the Company has been warned of the possibility of their occurrence. In any event, the Company's liability in the event of damage to the detriment of the Publisher or the Player, for any reason whatsoever and whatever the legal basis invoked or retained, all damages combined and cumulated, will be expressly limited and may in no case exceed €0.01. The Company cannot be held liable in the event of deterioration of computer equipment or slowdown of the Player's Internet connection, or any direct or indirect damage caused by a virus, a mirror site, phishing, a break in service due to intrusion or malfunction, interruption or any use of the Platform and the Service or due to force majeure. The Company cannot be held responsible in case of screenshots and / or aspiration of data and their subsequent dissemination.
By express agreement between the Parties, this Contract is subject to French law. French law is applicable to these GCUS. However, the site visitor or the Player is a consumer and resident of a country of the European Union, he will benefit from the provisions and rights whose application is mandatory under the laws of that country. Nothing in these T&Cs affects these rights as a consumer.
The possible annulment of one or more clauses of this Convention by a court decision by an arbitral award by mutual agreement between the Parties shall not affect its other stipulations which will continue to produce their full and complete effect provided that the general scheme of the Convention can be safeguarded. If the execution of one or more of the clauses of this agreement is made impossible by its cancellation, the Parties will try to come together in order to establish a new clause whose spirit and letter will be as close as possible to the old clause, the other stipulations of the agreement remaining in force. Failing this, or if the general scheme of the Convention proves to be fundamentally altered, the Parties may, by mutual agreement formalized in writing, declare the annulment of this Convention in its entirety.
The Parties agree to make their best efforts to seek a solution to any dispute that may arise in the performance of the Contract by an amicable settlement procedure, favoring Mediation.
In the event of a dispute, and when this disagreement could not be settled in the context of a prior written complaint directly with the Company, the Player may use a mediation service free of charge, pursuant to Article L612-1 of the Consumer Code.
At European level, the European Commission has made available an online dispute resolution platform accessible via the following link:
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR
By browsing or making a Connection on the Platform, the Player or any visitor to the L3V3L site acknowledges having read and understood these GCUS and agrees to be bound by them and to comply with these GCUS and all applicable laws and regulations. If the Player does not agree with these Terms, he must refrain from using the Services associated with the Platform.
Any visitor to the site allowing access to the Platform acknowledges being bound by the obligations of a Player within the meaning of this Contract.
The Player's consent is given when he makes a Connection and when he ticks the box in the pop-up window that appears during his first navigation and which states "This site uses cookies to guarantee you the best experience on our site. By continuing to use our website, you agree to our Privacy Policy and Cookie Policy."
By giving consent, the Player confirms that his level of English is sufficient to understand the meaning of the GCUS as well as all commitments, guarantees, waivers and obligations contained therein.
The Company will comply with the legal and regulatory obligations applicable to it as a service provider under the law applicable to the contract. The Company is not obliged to assume the legal and administrative obligations of the Player, including those relating to the Services associated with the Platform for Players provided under the Agreement. It is therefore up to the Player to ensure compliance with the laws and regulations concerning him, without being able to seek the responsibility of the Company.
The fact that a Party does not claim the application of any provision of this contract or tolerate its non-performance temporarily or permanently, can in no way be interpreted as a waiver by that Party to exercise the rights it holds hereunder. The fact that a Party tolerates non-performance or imperfect performance of the Contract or more generally tolerates any act, abstention or omission of the other Party not in accordance with the provisions of this Agreement shall not confer any right whatsoever on the Party that enjoys such tolerance.
This Agreement expresses the entire agreement of the Parties and supersedes any prior agreements, express or implied written or oral. It constitutes the sole will of the Parties. It may only be amended by an amendment signed by the authorized representatives of both Parties.
The Parties acknowledge that they act as independent co-contractors. This contract may not have the effect of creating between it a company or association of any form.
The Player may make requests, comments and suggestions by contacting the Company via the contact email contact@l3v3l.games providing sufficient details, a clear description and the reasons for his request. Applications are usually processed within seven (7) business days.
Each service associated with the L3V3L platform limits the collection of personal data to what is strictly necessary to allow a quality user experience for the Players and Publishers of the Platform, to ensure sufficient identification of the End User to allow the associated Services to function effectively and to communicate with the End user and potential users.
Each service is accompanied by information on:
Personal data collected as part of the Services on the Platform https://www.l3v3l.games/ are processed according to secure protocols.
Service: Creation of an End User account (Player or Publisher)
The user account requires the processing of personal data.
Purpose of data processing
The purpose of the processing is to:
- Allow users to have a personal account on the site
- Allow users to minter an NFT of a work created with their participation
- Allow users to access their visits
Legal basis
Article 6 (a) of the General Data Protection Regulation - GDPR
This data processing is based on consent.
Data processed:
Publisher: Email, Address of the head office, Name of Studio, Name of the Video Game...
Player: Password (ORY), Cookies (Google Analytics, Hotjar, Crisp, Facebook Pixel, Google Ads tracker, June), User ID, Discord account access authorization, Steam...
With APU: Domain name or IP address for authorization
Data subjects
- Players and Editors
Recipients of the data
Categories of recipients
The recipients of all or part of the data are:
- L3V3L staff
Data retention period
The Player account is automatically deleted in case of inactivity for one year (i.e., if no request from the account holder is in progress and if the latter has not logged into his account in the past year).
Service: Creation of works to minter:
The user account requires the processing of personal data.
Purpose of data processing
The purpose of the processing is to:
- Create an NFT from Player Data in the Publisher's Video Game
Legal basis
Article 6 (a) of the General Data Protection Regulation – GDPR.
This data processing is based on consent.
Data processed
Data subjects
- Publishers and Players
Recipients of the data
Categories of recipients
The recipients of all or part of the data are:
- the staff of the publisher of the site
Data retention period
Personal data is collected for the purpose of creating the work and is deleted immediately after the creation of the NFT.
Cookies
The Platform requires the use of a Wallet (e.g., MetaMask) for the Minting service, NFT verification and interaction with the Blockchain. L3V3L has no control over the data stored by this third-party tool. Please inquire about this point with the publisher of this third-party tool integrated into your browser.
The Platform may use cookies. A cookie is a computer file that does not directly identify the data subject, but which stores on his computer and/or equipment information relating to the pages visited, the date and time of the consultation, the information entered and stored to prevent any subsequent entry. Browsing the Platform may result in the installation of cookies on the equipment of the data subject. The purpose of cookies is to:
- Facilitate the visit of the Platform.
- To have the possibility to share content on social networks.
- To evaluate the audience of the Platform.
- Produce statistics on the use of the Platform.
The data subject may object to the storage of cookies by configuring his or her browser. The data collected via cookies are kept for a period of 12 months from their collection.
By logging in, you agree, on behalf of yourself and others who use any Service with your Wallet, to the following terms and privacy policy.
First-party cookies necessary for the operation of the site
These cookies allow the site to function optimally. You can object to them and delete them using your browser settings; however your user experience may be degraded.
Third-party cookies
The Platform relies on certain services offered by third-party sites. These include:
- DISCORD
Exercising your rights
For any information or exercise of your rights Informatique et Libertés on the processing of personal data managed by the CNIL, you can contact us by mail (with a copy of your identity document in case of exercise of your rights) at the following address: 15 avenue Albert Schweitzer 67120, Duttlenheim, Bas Rhin
