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Terms of service

Terms of service

1. About AVALON-DIGITAL.COM

AVALON-DIGITAL.COM  website is published by the SAS AVALON DIGITAL company.

AVALON DIGITAL SAS

91, Impasse du Château d'Eau
42740 La Terrasse sur Dorlay
France

SAS AVALON DIGITAL is a limited company under French law (SAS), registered at the Registre du Commerce et des Sociétés (RCS) of Saint Chamond, France, under the number 801 051 772

Credits:
The publishing manager of the website is SAS AVALON DIGITAL's General Manager.
AVALON-DIGITAL.COM  website is hosted by the OVH company.
AVALON-DIGITAL.COM  graphics and design by SAS AVALON DIGITAL.

NEURONZONE is a registered trademark, exclusive property of SAS AVALON DIGITAL. All rights reserved.   

2. Terms of use

ACCEPTANCE OF CONTRACT TERMS

The following terms of use ("Terms of Use") are the terms of a legal agreement between you, on the one hand, and AVALON DIGITAL, on the other hand.

The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein and as outlined on any of the Site. By accessing, browsing and/or using the Site, you acknowledge that you have read, understood, and agree to be bound by these terms and comply with all applicable laws and regulations. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE ANY OF THE SITE.

The Site may each contain additional terms, codes of conduct or guidelines that govern use of each particular Site, including without limitation, particular features (i.e., chat rooms and/or bulletin boards) and/or special offers (i.e., sweepstakes and contests).

In the event that any of the terms, conditions, and notices contained in these Terms of Use conflict with the additional terms, codes or conduct and/or guidelines contained within any particular Site, then these Terms of Use shall control; provided that in the event any subscription to a game, the particular terms of service and play for that game shall control.

MEMBER ACCOUNT, PASSWORD, AND SECURITY

If a particular Site, or any product or service offered through the Site requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You then will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify AVALON DIGITAL immediately of any unauthorized use of your account or any other breach of security. AVALON DIGITAL will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by AVALON DIGITAL or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.

MODIFICATION OF THESE TERMS OF USE

AVALON DIGITAL reserves the right to change the terms, conditions, and notices under which the AVALON DIGITAL Sites are offered, including but not limited to the charges associated with the use of the Site or any products sold therein. You are responsible for regularly reviewing these Terms of Use and additional terms posted on each particular Site. Your continued use of the Sites constitutes your agreement to all such terms, conditions, and notices.

PERSONAL AND NON-COMMERCIAL USE LIMITATION

You may not advertise any goods or services on the Site. Chain letters and pyramid schemes are not allowed. You may not use any of the Site to collect information about AVALON DIGITAL Members, including, but not limited to, login names and passwords, and the use of any such information to send unsolicited e-mail or for any other purpose is strictly prohibited. You may not exploit the Site, or any games or services offered on the Sites for any commercial purposes. Any violation of these provisions can subject your Member account to immediate termination (or result in revocation of Guest status) and further legal action, at the discretion of AVALON DIGITAL.

The communication features provided by AVALON DIGITAL, including, but not limited to forums, chat rooms and bulletin boards, are free.

By posting messages, creating or modifying a home page, chatting, uploading files, inputting data, transmitting e-mail, or engaging in any other form of communication (individually or collectively "Communications") to or through the Site, you agree to be bound by the following terms and conditions.

• All Communications are the sole responsibility of those persons posting the Communication. AVALON DIGITAL has no obligation to monitor or supervise Communications, and expressly disclaims any representation that it will monitor or supervise them, but also expressly reserves the right to monitor or supervise them in its sole discretion.

• AVALON DIGITAL does not control the content of any Communications and does not guarantee the accuracy, integrity or quality of anything within them.

• The user acknowledges that by using the communication features provided on the Site, you may be exposed to Communications and other content that is offensive, indecent or objectionable.

• Under no circumstances will AVALON DIGITAL be liable for any errors or omissions in any Communication or for any loss or damages of any kind incurred as a result of the use of any information contained within the communication features provided on the Site.

• AVALON DIGITAL reserves the right to expel users and prevent their further access to the Site for violating these Terms of Use violating the law. AVALON DIGITAL also reserves the right to remove Communications which are abusive, illegal, disrespectful, or disruptive.

• AVALON DIGITAL reserves the right to release information to the appropriate authorities, as a result of a violation of our standards, or any other unlawful act, if the information is subpoenaed, and/or if AVALON DIGITAL deems it necessary and/or appropriate.

RULES OF CONDUCT

In addition to the limitations set forth above, you will violate the Terms of Use if you (or others using your Account) do any of the following:

• Post, transmit, promote, or distribute Communications or content that is illegal.

• Harass, threaten, embarrass, or stalk another Member or Guest.

• Post content or send Communications of any form impugning someone's race, sexual orientation, religion, national origin, political beliefs, or ethnic heritage.

• Transmit or facilitate distribution of content or Communications that are harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or in a reasonable person's view, objectionable.

• Post or communicate "Hate speech."

• Attempt to acquire a password, street address, credit card numbers, account information, or any other private information from a Member or any other user on the Site.

• Upload or distribute any software or content that you do not own or have permission to freely distribute.

• Promote or encourage any illegal activity including hacking, cracking or distribution of counterfeit software.

• Upload files that contain a virus or corrupted data.

• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

• Restrict or inhibit any other Member or user from using and enjoying the communication features on the Site.

By submitting or posting Communications to a Site, you automatically grant to the full extent permitted by law, AVALON DIGITAL the royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Communications (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. In addition, you warrant that any and all so-called "moral rights" in the Content have been waived. You hereby waive all rights to any claim against AVALON DIGITAL for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications.

ILLEGAL BEHAVIOR

Illegal behavior involving the use of any of the Site shall be grounds for the termination of a Member's account. AVALON DIGITAL shall fully cooperate with law enforcement officials on such matters and prosecute such offenses to the full extent of the law.

INDEMNIFICATION

You agree that you will be personally responsible for your use of the Site and for all of your Communications and activities on the Site.

LINKS TO THIRD PARTY SITES

The Sites may contain links to third party web sites ("Linked Sites"). These Linked Sites are not under the control of AVALON DIGITAL and AVALON DIGITAL is not responsible for the contents of any Linked Sites, including without limitation, any links contained in a Linked Site, or any changes or updates to a Linked Site. AVALON DIGITAL is not responsible for webcasting or any other form of transmission received from any Linked Site, nor is AVALON DIGITAL responsible if the Linked Site is not working appropriately. AVALON DIGITAL-france.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by AVALON DIGITAL-france.com of the Linked Site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.

Any dealings with third parties (including advertisers) included within the Site or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. AVALON DIGITAL shall not be responsible or liable for any part of any such dealings or promotions.

SOFTWARE AND CONTENT AVAILABLE THROUGH THE SITE

All content and software that is made available to view and/or download in connection with the Sites, excluding content and/or software that may be made available by Members or users through a communication feature, is owned by and is the copyrighted work of AVALON DIGITAL and/or its suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations. You agree not to export or re-export the Software, directly or indirectly.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE SITES AND TO THE INFORMATION THEREIN. AVALON DIGITAL AND ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITES AT ANY TIME.

AVALON DIGITAL AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES COMMUNICATIONS, CONTENT AND RELATED GRAPHICS CONTAINED WITHIN THE SITES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, COMMUNICATIONS, CONTENT AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. AVALON DIGITAL AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, COMMUNICATIONS, CONTENT AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.

YOU SPECIFICALLY AGREE THAT AVALON DIGITAL SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS COMMUNICATIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH ANY OF THE SITES. YOU SPECIFICALLY AGREE THAT AVALON DIGITAL IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT AVALON DIGITAL IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN A SITE BY ANY THIRD PARTY.

IN NO EVENT SHALL AVALON DIGITAL AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITES, WITH THE DELAY OR INABILITY TO USE THE SITES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES COMMUNICATIONS, CONTENT AND RELATED GRAPHICS OBTAINED THROUGH THE SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE SITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF AVALON DIGITAL OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES.

GREAT-INVASIONS.COM MAKES NO WARRANTY THAT ANY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

SERVICE CONTACT: webmaster@AVALON DIGITAL.com

INTELLECTUAL PROPERTY

The Site, including, without limitation, all communication features, contain copyrighted material, trademarks and other proprietary information including, without limitation, text, software, photographs, video, graphics, music and sound, and the entire contents of the Site and each area contained therein are copyrighted as a collective work and owned by AVALON DIGITAL or its licensors under national and international laws. AVALON DIGITAL owns a copyright in the selection, coordination, arrangement and enhancement of such content. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content contained on the Sites (including, without limitation, content that AVALON DIGITAL enables you to download) without the express written permission of AVALON DIGITAL and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. The downloading of copyrighted material from the Sites is allowed by you only for your own use. You acknowledge that the AVALON DIGITAL and/or third-party content providers remain the owners of all materials posted on the Sites, and that you do not acquire any of those ownership rights by downloading copyrighted materials.

GENERAL TERMS AND CONDITIONS

These Terms of Use are governed by the laws of France. You agree that no joint venture, partnership, employment, or agency relationship exists between you and AVALON DIGITAL as a result of these Terms of Use or use of the Site.

COPYRIGHT AND TRADEMARK NOTICES

All content of the Sites are: Copyright © AVALON DIGITAL. All rights reserved.

3. Personal data

SAS AVALON DIGITAL company may get information about the user, in particular (but not exclusively) when the user:

  • Buys a product
  • Downloads a demo
  • Subscribes to a newsletter
  • Contacts the SAS AVALON DIGITAL company
  • Plays a game contest
  • Answers a survey

All personal data collected on AVALON-DIGITAL.COM  has been declared to the French Commission Nationale Informatique et Liberté (CNIL).

You have a right to access, modify, correct or suppress all data concerning yourself (French law "Informatique et Liberté" of January 6th, 1978).

For all information regarding your rights, please contact: contact@avalon-digital.com

You may also send a written request by postal mail to SAS AVALON DIGITAL head office.

NEURONZONE won't give your personal data to others, except if we get your agreement or for legal matters.

4. Discussion forums

Discussion forums located on or through the AVALON-DIGITAL.COM  website are here to allow you to bring your personal contribution to the various discussion subjects that we offer.
Data that are there cannot be collected or used for other purposes.
The users are not allowed to:

  • Slander, abuse, threaten anybody, to violate the rights of others.
  • Distribute, publish, download and communicate about racial, discrimination or obscene matters, and more generally to enforce existing laws.
  • Distribute, publish, download and communicate virus, files, documents, and more generally any software that could damage a computer.
  • Restrict or obstruct the use of discussion forums to others.
  • And more generally, to enforce the laws or the present terms of use.

A forum moderator is allowed to delete, before or after its submission, every contribution that would not be related to the concerned discussion subject, the publisher's rules of discussion and conduct, or that would be illegal.

All personal data collected on AVALON-DIGITAL.COM  has been declared to the French Commission Nationale Informatique et Liberté (CNIL).

You have a right to access, modify, correct or suppress all data concerning yourself (French law "Informatique et Liberté" of January 6th, 1978).

For all information regarding your rights, please contact: contact@avalon-digital.com

You may also send a written request by postal mail to SAS AVALON DIGITAL head office.

5. Exclusion of Responsibility

The users is aware that he can use the AVALON-DIGITAL.COM  website at his own risks.
The AVALON-DIGITAL.COM  website is given as is, without any warranty.
The SAS AVALON DIGITAL company offers no warranty that the information and/or anything they can get with AVALON-DIGITAL.COM  website are right, comprehensive or up-to-date, or that AVALON-DIGITAL.COM  website may contain any virus or anything that could be harmful to users.

The SAS AVALON DIGITAL company will never be responsible of any direct prejudice, indirect, accidental, special, incidental or other than could came from the use or the misuse of AVALON-DIGITAL.COM  website, even if SAS AVALON DIGITAL company was aware before of a potential prejudice.

6. Intellectual Property

The AVALON-DIGITAL.COM  website and all the intellectual property rights that come with its creation, its textual, graphical, musical and sound content, the choice of these data and their organization, belong to the SAS AVALON DIGITAL company or under licence of others.
The French law of 11th March 1957, allows, according to item 2 and 3 of its article 41, on the one side, that "copies or reproductions strictly reserved for the private usage of the copier and not for a collective use", and, on the other side, that analysis and short quotations, for the purpose of example and illustration, "all representation or reproduction, total or partial, made without the consent of the author or his heirs is illegal" (item one of article 40).
This representation or reproduction would constitute a fake copy and would be liable of pursuits according to article 425 and following of the French Code Pénal.

As a consequence, partial or total reproduction of the AVALON-DIGITAL.COM  website on any support of any form without the consent of the SAS AVALON DIGITAL company is forbidden, except with prior written consent from its publishing manager.

7. Legal matters

In case of legal prosecutions, only the French Court of Saint Chamond (France) will be competent.
You must have in mind that only the French version of the legal information will be of concern and is deemed valid.

The present legal information has been made for the sole purpose of assisting non-French speakers in its understanding, and cannot be used as a legal basis in any way.