The company Jwa Lab SAS with a capital of 37,076.00 EUR, registered with the Trade and Companies Register of Saverne under number B 890 344 708, whose registered office is located at 15 avenue Albert Schweitzer 67120, Duttlenheim, Bas Rhin (hereinafter "L3V3L" or "Company") operates the platform accessible at the URL https://xp.l3v3l.games below, "Platform ", browser- and application-based. The Platform's long-term aim is to offer services related to distributed ledger technologies and Web 3.0 by using non-fungible tokens.
The Company's activity is the publishing, development, production, production and exploitation of video games, software, digital content but also the marketing of online advertising spaces including video, websites, applications; digital strategy consulting; training, web development; business consulting and digital project management; but also to create, develop, manage and market online services, including services secured by Blockchain technology, for software, applications and video games.
L3V3L has developed the prototype of the L3V3L XP Platform to offer features to Video Game PUBLISHERS in order to create links with their communities of Players in return for a prize. The platform is accessible to PUBLISHERS at the following address in studio version: https://studio.l3v3l.games
On the prototype L3V3L XP the Services associated with the Platform include the creation of additional missions in the PUBLISHER Video Game and rewards to engage the PUBLISHERS' Player communities.
The Services associated with the Platform will eventually include the creation of NFTs on the Solana Blockchain (hereinafter "Minting") and the use of NFTs in Video Games that will use the Platform.
This Contract entitled by the Parties "GTCUS" governs the conditions of use and sale of the Platform, property of L3V3L, for the PUBLISHER.
The community of Players of the PUBLISHER's Video Game will only be able to access the L3V3L Platform after adhering to the general conditions of use and service (hereinafter «GCUS" available on request from L3V3L. These govern the conditions of use and Services associated with the Platform for Players of the PUBLISHER's Video Game.
The PUBLISHER declares to have read, understood and accepted this Contract. Thus, the PUBLISHER expressly acknowledges being bound by the present to L3V3L and being legally capable of giving its consent.
The free and informed acceptance hereof by the PUBLISHER is a mandatory prerequisite for any connection to the L3V3L Platform (hereinafter "Connection") and any interaction with the L3V3L website.
The PUBLISHER acknowledges having accepted them.
It is specified that L3V3L is free to modify these terms and conditions at any time, in order to take into account, in particular, any legal, jurisprudential, editorial, functional or technical developments.
It is recalled that the Species Agreement does not deal with the Services associated with the Platform which will eventually include the creation of NFTs on the Solana Blockchain and the use of NFTs in Video Games that will use the Platform. Thus, the following contractual terms will be the subject of an amendment once the said services concerned are operational on the Platform.
In these terms and conditions, 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 PUBLISHER 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 Publisher Player, 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 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
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 PUBLISHER client of the Platform and running on browser or on its dedicated application and using Services associated with the Platform for the interaction between Players and the awarding of rewards with functionalities allowed 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, in this case the PUBLISHER.
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. He can be a Player (https://xp.l3v3l.games) belonging to the video game PUBLISHER community (https://studio.l3v3l.games)
The purpose of this Contract is to define on the one hand the terms and conditions under which L3V3L provides the PUBLISHER with solutions that meet its specific needs in order to create a community with the Players of its Video Game, accessible via the address https://www.l3v3l.games/ by providing the Services associated with the Platform for both Players (https://www.l3v3l.games/) and PUBLISHER (https://studio.l3v3l.games), on the other hand, the conditions, including financial, under which the PUBLISHER accesses and uses the Platform and then benefits from the associated Services.
The purpose of this Agreement is to determine the intellectual property rights relating to the Associated Services resulting from the collaboration between the Parties.
This Agreement consists, by decreasing legal order of importance, of the following documents:
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.
The Parties acknowledge that the proper performance of this Agreement requires close collaboration between L3V3L and the PUBLISHER as well as the latter’s community of Players. Consequently, the Parties undertake to keep each other informed and to communicate spontaneously to each other of any events, information, data, documents or methods which would be useful for the proper performance of the reciprocal obligations of the Parties and to actively request any useful information or additional information that the other Party undertakes to provide without delay. The PUBLISHER also acknowledges having had the necessary information and having had full latitude to request the explanations or additional information necessary for the execution of the Contract.
The PUBLISHER undertakes to respond without delay to any question or request for information from L3V3L relating to the use of the Platform and its components as well as to spontaneously provide any information or data likely to interest the development thereof.
The PUBLISHER undertakes to actively use the Platform during the term of the Contract and to encourage its community of fans and Players to share their own experiences with the Platform on social networks.
PUBLISHER undertakes to provide regular feedback on the prototype and its features, including bugs or problems encountered.
To access the Platform and use the associated Services, the PUBLISHER must have functional computer equipment, a stable connection to the internet 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.
The identifiers are assigned individually to each PUBLISHER and each Player of his community, and a temporary password is also communicated by L3V3L. It is the responsibility of each End User, Player or PUBLISHER to change their password. The use and preservation of the confidentiality of the Identifiers is the sole responsibility of the End User. The PUBLISHER must therefore ensure that the confidentiality of the Identifiers is respected by its Players. Any loss or involuntary disclosure of elements likely to allow a third party to become acquainted with the Identifiers of a Player or a PUBLISHER must be immediately reported in writing to the Company. In case of loss or misappropriation of an Identifier, a procedure for assigning new identifiers is 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 PUBLISHER undertakes to communicate only real data and sincere information. The site that hosts the Platform may use cookies.
The PUBLISHER accepts, on its 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 PUBLISHER access to the platform in PUBLISHER studio version in accordance with the provisions of Article 7.3 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 PUBLISHER also acknowledges that L3V3L cannot be held responsible for connection difficulties due to disruptions in the Internet network of the Player or the PUBLISHER.
The PUBLISHER agrees to consider its access credentials as confidential information on any electronic device it uses and agrees not to disclose this information to third parties.
THE PUBLISHER 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 PUBLISHER acknowledges the L3V3L's right to refuse access to the Platform to any Player of his Video Game, without notice, in particular in the event of a breach of the GTCU, in the event of unlawful or contrary to morality behavior observed on the Platform or noted by another Player or any PUBLISHER., in the event of reported abuse of the use of the Services associated with 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 the PUBLISHER and the Players allow, thanks to 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.
L3V3L grants the PUBLISHER, on a non-exclusive basis, a right of access to and use of the Applications and their documentation, for its Players, for the duration of the Contract and for the French and international territory.The PUBLISHER is responsible to L3V3L and third parties for the proper use of the Applications by the Players. The PUBLISHER may not assign in any way whatsoever the right of access to the Services associated with the Platform without the prior written consent of L3V3L. It is a Contract intuitu personae, which the Parties acknowledge.
The associated Services are provided as part of a Connection to the Platform using L3V3L's resources, subject to compliance by the PUBLISHER with its obligations. L3V3L may, at any time, modify the Applications and/ or Services, or change the way in which the associated Services are provided, if it can reasonably be assumed that this does not cause inconvenience to the PUBLISHER, or if this modification improves the Services associated with the Platform.
The Services associated with the Platform are accessible by the PUBLISHER and the Players of its Video Game at any time, 24 hours a day, 7 days a week, excepting the scheduled maintenance periods or interruptions resulting from a security breach.
The PUBLISHER 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.
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. In this case, the PUBLISHER will be informed by email of the maintenance period scheduled at least 48 hours in advance.
Similarly, in the event of a security breach noted by the PUBLISHER, 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.
This Agreement. This Contract is concluded for a fixed period of 1 year tacitly renewable.
L3V3L undertakes to make the Applications and Services associated with the Platform available to the PUBLISHER and the Players of its Video Game as well as to provide them with said services in accordance with the provisions of this Contract, and according to the rules of the art, from the effective date.
L3V3L is committed to :
that the Services associated with the Platform comply with the regulations in force applicable to them throughout the duration of the Contract
The PUBLISHER undertakes to collaborate with L3V3L and to provide or guarantee access to any information or elements that the Company may reasonably need in order to fulfill its obligations under this Contract. The PUBLISHER undertakes to:
- to have and maintain throughout the term of this Agreement all permits, approvals, certifications and authorizations necessary to perform its obligations under this Agreement.
- to have, and continue to have, all the rights necessary to assign or grant to L3V3L all intellectual property rights under the conditions defined in this Contract
- pay the Company the agreed price according to the subscription chosen (Main Appendix) and according to the terms and conditions referred to in Articles 12 and following hereof.
- collaborate in good faith with the Company for the proper performance of the Contract and the Services associated with the Platform and for this purpose, to provide or guarantee access to any information or elements that L3V3L may reasonably need in order to fulfill its obligations under this Contract.
The PUBLISHER declares and guarantees to L3V3L that the Player of his Video Game 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. The PUBLISHER also warrants to the Company that:
its 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.
L3V3L retains all intellectual property rights related to the exploitation of the Platform, including characters, universe, design, database, trademarks or logos but also the sound and visual sequences of the game, their sequence and tree structure, the interactive principles and more generally all the elements and data that make up the Platform.
The Applications that give privileged access rights and functionalities in the Video Game of the PUBLISHER remains the property of L3V3L.
The PUBLISHER will retain all intellectual property rights related to the exploitation of its personalized Video Game on the Platform.
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 PUBLISHER is prohibited and prohibits the Players of its community, by this Contract, to reproduce any element of the code of the Applications, by any means whatsoever, in any form whatsoever and on any medium whatsoever. It guarantees the Company against any damage caused by one of its Players in accordance with Article 10.2.2 of the Contract.
The Company warrants that it has all the intellectual property rights to conclude this Agreement and that as such, the Services associated with the Platform provided in execution of this Agreement do not infringe the rights of third parties and do not constitute an infringement of a pre-existing work. The Company guarantees the PUBLISHER against any claim by third parties based on counterfeiting, unfair competition and / or parasitic acts resulting from, or related to the use of the Services by the PUBLISHER.
Mutatis Mutandis, THE PUBLISHER guarantees that it has all the intellectual property rights to conclude this Contract and that as such, the elements transmitted by it to the Platform to benefit from the associated Services provided in execution of this Contract do not infringe the rights of third parties and do not constitute an infringement of a pre-existing work. The PUBLISHER guarantees the Company against any claim by third parties based on counterfeiting, unfair competition and/or parasitic actions resulting from, or related to, the modification of the VideoGame scenarios by the Players forming the PUBLISHER's community.
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 PUBLISHER acknowledges that its Players must consent, adhering to the GCUS to provide the following data:
(a) Its End User ID (time it is created).
(b) Email address.
(b) 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.
Regarding to the Personal Data collected and processed by each of the Parties for their own account for the administrative management purposes of this Agreement, and concerning the personnel of the other Party, each of the Parties acknowledges that they treat them as a data controller within the meaning of the Data Protection Legislation. and undertakes as such to comply with all their obligations in that capacity under that legislation.
L3V3L offers PUBLISHERS several subscriptions whose conditions are referred to in the Main Appendix.
The financial terms of this Agreement are set out in the Main Schedule. In the absence of payment within the contractual deadlines of all the sums due to the Company in execution of this contract, the Company will send to the PUBLISHER a registered letter with acknowledgment of receipt, or by any other means with a certain date of receipt, enjoining him to proceed with the payment within fifteen (15) days of receipt of the said letter. Any delay in payment will give rise to the payment by the PUBLISHER of late penalties set at 3 times the legal interest rate and will be automatically debited from the PUBLISHER's account without a reminder or prior formal notice being necessary. In accordance with Article D. 441-5 of the French Commercial Code, the Company may require the payment by the PUBLISHER of a fixed compensation of forty (40) euros for recovery costs in addition to the aforementioned late payment penalties.
The Price is payable sixty (60) days after receipt of the invoice by bank transfer.
The invoice will be sent by email to the PUBLISHER at the address filled in the Main Appendix
In the event of non-payment, the Company may automatically suspend the subscription and all current services as well as access to the Platform after a notice of one (1) month, sent by any written means to the unscrupulous PUBLISHER. It is agreed between the Parties that this suspension cannot be considered as a termination of the contract by the Company, nor give rise to any right to compensation for the PUBLISHER.
The PUBLISHER guarantees to L3V3L that Article L221-3 of the Consumer Code is inapplicable to it and the PUBLISHER expressly acknowledges that the object of the Contract does not fall within the scope of its main activity.
The Company guarantees the compliance of the Applications with the associated Documentation, their proper functioning, as well as the integrity of the Data processed and/or generated by the Applications.
The Company and the PUBLISHER declare that they are insured for their respective professional civil liability with a company known to be solvent for all material and immaterial damage resulting from the performance of the Contract by its staff or collaborators. The Company and the PUBLISHER undertake to maintain these guarantees throughout the duration of this Contract and to provide proof of them at the request of the other Party.
The Company declares that graphic works do not contain any element likely to harm the interests of a third party, or likely to base a legal action based on infringement or invasion of privacy, image rights or likely to be considered as an offense to morality, an act of defamation or insult.
The Company declares that every precaution is and/or will be taken to limit as much as possible the risks of piracy and/or any unauthorized use of graphic works.
The Parties undertake to always behave towards each other, as loyal partners and in good faith, and, to bring to the attention of the other Party without delay, any dispute or difficulty that it may encounter in the context of the execution of this Contract. The Parties undertake to always behave towards each other as loyal partners and in good faith and to bring to the attention of the Party or Parties concerned without delay, any dispute or difficulty they may encounter in the context of the performance of the Service. Any breach by a Party of one of its obligations under the Contract will give rise to the sanctions provided for in Articles 1217 et seq. of the Civil Code, namely:
The Company undertakes to make the best efforts to ensure the availability and continuity of the Services associated with the Platform, but cannot provide any specific guarantee, the Company being dependent on the maintenance of telecommunications services and other providers, particularly in terms of Internet connectivity. The Company cannot be held liable in the event of damage to 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 Services associated with 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 PUBLISHER or its Player that may occur as a result of or at the occasion of 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 liability of the Company, in case of damage occurring to 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, depending on the events, 50% of the amount paid by the PUBLISHER for one year to L3V3L.
The Parties shall refrain from disclosing, directly or indirectly, any information, Personal Data or data of a non-public or proprietary nature and disclosed by one Party to the other Party in the context of the performance of this Contract., as well as all technologies, including know-how, financial models, standard documentation, processes, trade secrets, contracts, proprietary information, organizational or operational data, strategic or management plans, audit reports, whether oral, written, electronic or in any other form of support, received before or after the day of the signing of the Contract by the Parties (the "Confidential Information"). »).
The Parties undertake not to disclose to third parties the purpose and content of this Agreement.
Each Party undertakes to keep secret the Confidential Information communicated by the other Party and to take, to this end, all necessary measures to avoid the loss, theft or disclosure to third parties of such Confidential Information. If, despite the precautions taken, one or more media of Confidential Information received are disclosed, the Party at the origin of this disclosure undertakes to inform the others immediately by any means and to take all necessary measures to reduce the damage resulting from this disclosure.
Each Party receiving Confidential Information shall limit access to Confidential Information to only those corporate officers and/or employees and/or subcontractors directly involved in the project who need it, provided that (i) it has informed them in advance of the confidential nature of such information and (ii) ensures that they process such Confidential Information. in accordance with the terms and conditions of this Agreement, having them sign a confidentiality agreement if necessary.
More generally, each Party is committed to ensuring compliance with this obligation by its employees, parent company, subsidiaries, and, where applicable, its subcontractors involved in the performance of the Contract.
This article is intended to apply for the duration of the Contract and for a period of five (5) years following the expiry of the Contract.
Information identified by the terms "Confidential" or "Secret" or using terms or devices of similar scope shall particularly be considered strictly confidential information, without the absence of such information rendering such information non-confidential.
Information shall not be considered confidential within the meaning of this Agreement, the proof that it:
The receiving Party may be required to disclose the Confidential Information at the request of a court or other body having jurisdiction of competent jurisdiction, provided, however, that it provides the disclosing party with reasonable notice of such disclosure obligation with a copy of any applicable subpoena or order, and that the disclosing party is given an opportunity to object, limit or secure confidential treatment for the required disclosure. In the event of required disclosure, the receiving Party will disclose only the portion of the Confidential Information that it is legally required to disclose.
In the event of a breach by one of the Parties of one of its obligations under this Agreement, the defaulting Party will be authorized, 30 days after formal notice notifying the breach in question and sent by registered letter with acknowledgment of receipt, addressed to the defaulting Party and remained without effect or immediately in the event of a non-reparable breach, to terminate this Contract by simply sending a registered letter with acknowledgment of receipt, notwithstanding the right to claim compensation for the damage suffered.
It is expressly understood that this termination for breach by a Party of its obligations will take place automatically ten (10) days after the sending of a formal notice to perform, remained, in whole or in part, without effect. The formal notice may be notified by email with acknowledgment of receipt or by registered letter with acknowledgment of receipt or any extrajudicial act. This formal notice must mention the intention to apply this clause. As a reminder, the obligations of the Parties are as follows:
Regarding the PUBLISHER:
Regarding L3V3L :
Compliance with the provisions of this Contract and in particular the provisions relating to the fulfilment of its obligations to provide the Services associated with the Platform for the PUBLISHER and its community of Players.
This Agreement may be terminated by the Parties before the end of the scheduled term.
The Parties must then respect a notice of ten (10) working days, sent by any means to the other Party.
The termination of the Contract will terminate the various commitments and obligations undertaken by the Parties hereunder apart from the two obligations referred to in Articles 16 and following of the Contract. As an exception, the confidentiality clause (Article 15) will remain applicable for a period of five (5) years following the date of termination of the Contract. The termination of this Contract will entail for the Parties the obligation to immediately hand over to the other Parties all documentation and elements belonging to the Parties concerned and relating to the performance of the Contract. This return must be made within five (5) days of the date of termination of the Contract.
The Contract is concluded intuitu personae. Consequently, no Party may transmit, assign or subcontract all or part of its rights and obligations hereunder, directly or indirectly to a third party, except with the prior written consent of the other Parties.
By express agreement between the Parties, this Contract is subject to French law.
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.
For the purposes hereof, the Parties elect an address for service at their respective registered offices. Any modification must be notified by registered letter with acknowledgment of receipt to the other Parties, in order to be opposable to it.
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.
In the event of dispute and/or difficulties arising from the interpretation and/or execution hereof, the Parties, in the absence of an amicable agreement, confer jurisdiction on the competent courts of Paris even in the event of summary proceedings, multiple defendants or third-party claims.
The signatories acknowledge that:
The Company and the PUBLISHER will comply with the legal and regulatory obligations applicable to them. The Company is not required to assume the legal and administrative obligations of the PUBLISHER, including those relating to the Services Associated with the Platform provided under the Contract. It is therefore up to the PUBLISHER to ensure compliance with the laws and regulations concerning him, without being able to seek the responsibility of the Company.
If one or more clauses are declared null and void by a court decision or prove impossible to implement, the validity of the other provisions will not be affected, and the Parties undertake to negotiate in good faith a replacement provision.
The headings and subtitles contained in this Agreement are included for convenience only. By express agreement between the Parties, these titles and subtitles may in no way be used to interpret any provision of this Agreement.
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 elect domicile at the addresses appearing at the head hereof to which notifications must be sent, except in the case of a change of address, which must be notified to the other Party as soon as possible. In the event of a change of address, any notification made at the addresses mentioned in the act or at the last address notified shall be deemed valid, unless it is proved that the notifying Party was aware of the actual address of the notifying Party.
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 PUBLISHERmay 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.
The Company's telephone number is: +33(0)6 99 23 26 38
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
