TWIN SAILS INTERACTIVE END USER LICENSE AGREEMENT (“TWIN SAILS EULA”)

EULA
Privacy Policy

EULA

Effective Date: June 2023

IMPORTANT: THIS APPLICATION IS LICENSED, NOT SOLD. TWIN SAILS INTERACTIVE reserves all rights not expressly granted to You.

PLEASE READ THIS AGREEMENT CAREFULLY. This is a legal agreement between you (“You”) and ASMODEE DIGITAL (TWIN SAILS INTERACTIVE), a French Société par actions simplifiée, with a share capital of 5,000 euro, having its registered office at 18 rue Jacqueline Auriol, Quartier Villaroy – 78280 Guyancourt, registered with the Commerce and Companies Register of Versailles under number 818 058 216 and its affiliated companies (collectively, “TWIN SAILS” or “We”).

Even though You may have purchased or licensed the Application through a third-party platform, such as Steam platform, Gog Platform, Epic Platform, PlayStation™Store, Microsoft® Store, My Nintendo Store, Nintendo eShop, Apple App Store, Google Play Store, and others (each, a “Third-Party Platform”), none of the Third-Party Platforms or their owners are a party to this Agreement.

1. ACCEPTANCE OF THE TERMS

1.1. For purposes of the TWIN SAILS EULA, “Application” means all software programs distributed, published or otherwise made available by TWIN SAILS or its affiliates including, but not limited to downloadable/installable games for personal computer, games for videogame machine/console, mobile games, and games accessed by means of a browser or other online communication method.

The Application includes, with the software, the associated media, any updates and upgrades that replace or supplement the software that are not distributed with a separate license, any software associated with the online mode of the video game, any online or electronic documentation, any and all copies of such software and materials and any other Content (defined in article 4 below) available for download whether for purchase or offered without cost by TWIN SAILS, as well as accompanying manual(s), packaging and other written, files or documentation, and any and all copies of such software and its materials.

1.2. Please review this TWIN SAILS EULA (or “Agreement”) carefully before installing, accessing or utilizing the Application You have just purchased, as well as if applicable the packaging, printed manuals and any other materials accompanying the Application (the “Physical Materials”), and, if applicable, the unique alpha-numeric sequence of numbers which is printed on the manual and/or other documents included with the Physical Materials or delivered to You electronically which when activated on a Third-Party Platform enable You to redeem, access, download and use the Game Software (“Key Code”).

Please enquire about anything in this Agreement that You do not understand. TWIN SAILS requests that You contact the customer service available at https://asmodee.helpshift.com/hc/en/84-twin-sails-interactive/contact-us/ as mentioned at the end of this Agreement.

1.3. This Agreement governs the rights, obligations, and restrictions related to the use of the Application, online services including the Application’s functions and the services on the websites https://twin-sails.com and https://asmodee.helpshift.com/ related to the Application (collectively the “Services”) by their user including You (the “Users”) and provided by TWIN SAILS.

1.4. BY USING THE SERVICES IN WHOLE OR IN PART, YOU HEREBY ACKNOWLEDGE, ACCEPT AND UNDERTAKE TO BE BOUND BY THE TERMS OF THIS AGREEMENT (INCLUDING IF APPLICABLE ANY AND ALL SCHEDULES ANNEXED TO THIS AGREEMENT), AS WELL AS THE TWIN SAILS PRIVACY POLICY (THE “PRIVACY POLICY” PUBLISHED AT https://www.twin-sails.com/eula-privacy-policy AND ALL OTHER NOTICES OF ADVERTISEMENT, AND/OR OTHER TERMS, IN PARTICULAR THE TERMS OF SALE FROM THE THIRD PARTY PLATFORM (“TERMS OF SALE”) AND THE GAME RULES OR CONTEST RULES, WHERE APPROPRIATE, APPLICABLE THROUGHOUT THE USE OF THE APPLICATION, UNRESERVEDLY.

IF YOU DO NOT AGREE WITH THE TERMS MENTIONED ABOVE, PLEASE DO NOT CONTINUE TO USE THE SERVICES OF TWIN SAILS.

1.5. The terms of use and sell of Third-Party Platforms remain applicable in their entirety and regulate your behavior when You access the Services via the services of a Third-Party Platform. In the event of a conflict between the terms of use of Third-Party Platforms and this TWIN SAILS EULA the terms of use of Third-Party Platforms shall apply. TWIN SAILS shall not be held liable as a result for the services of Third-Party Platforms. TWIN SAILS will be responsible only for providing customer support and the billing of services obtained via the Services.

1.6. You accept the terms relating to the use of the Application by a minor (article 3 below) by giving your approval to allow your child or a minor under your responsibility to register for or use one of our Services.

1.7. TWIN SAILS RESERVES THE RIGHT TO AMEND OR MODIFY THIS AGREEMENT AT ANY TIME, IN ANY MANNER, AT TWIN SAILS’S SOLE DISCRETION AND WITHOUT INCURRING ANY LIABILITY.

YOU AGREE THAT YOUR CONTINUED USE OF THE SERVICES AFTER TWIN SAILS HAS PUBLISHED AN AMENDED VERSION OF THIS AGREEMENT CONSTITUTES ACCEPTANCE BY YOU OF ANY AMENDMENTS.

1.8. We recommend that You print off or save a copy of TWIN SAILS EULA for your files.

2. ACCESSIBILITY AND ACCOUNT

2.1. Account creation

In order to be able to access and/or use certain functions and/or advantages of the Services, You may need to proceed with the creation of an account on the Third-Party Platform (hereinafter an “Account”).

The creation and use of the Account are subject to the respect of the terms of use of the Third-Party Platform.

To create a new Account, follow the instructions on the Third-Party Platform. To access the Services, You must meet certain criteria, in particular the age criteria. Certain Services may also require the creation of a username (defined as a series of characters acting as a unique means of identifying yourself on an Internet website, namely a screen name, hereinafter “User Name”) and/or an avatar (visual identity linked to the Account and created by the User), and/or a password.

The User Name and avatar are also subject to this TWIN SAILS EULA, they must comply with all its terms; these two elements must also comply with the rules of conduct which apply on the Internet and be lawful. They must therefore not be insulting, defamatory, vulgar, obscene, or in any other way in violation of the rights of others (in particular, without limitation, intellectual property rights, name rights and image rights).

You agree to your User Name being publicly displayed in the course of the use of the Services, thus We advise You not to include your personal data in your User Name.

For all other information that can be publicly displayed, please refer to our Privacy Policy. Do not reveal your password, or memory joggers, to outside third-parties, TWIN SAILS will never initiate contact with You to ask You for this information.

2.2. Use of Account data.

You shall not claim or imply to be any other person or entity, by providing false information concerning a parent or legal guardian or any other person, namely, by using the User Name, avatar, or any other information such as voice or image.

Any access to the Services with the Account is automatically deemed to have been made by You and under your responsibility.

You therefore agree to inform the Third-Party Platform as quickly as possible of any unauthorized use of your User Name, password, all other Account-related information, or of any other security violation which comes to your attention.

If TWIN SAILS has legitimate reason to believe that the security of the Services has been breached or that improper use of the Services is due to unauthorized use of an Account, TWIN SAILS may contact the Third-Party Platform to temporarily suspend access to the Account in order to preserve the integrity of the Services.

3. INFORMATION AND PROTECTION OF MINORS

3.1. If You are a minor under your local law, and You wish to use wholly or in part the Services, You must acknowledge and understand this Agreement with the help of your parents or legal guardians and obtain their consent to use the Services. Besides, local laws in your respective jurisdiction may require that You are of a certain age in order to enter into certain legally binding arrangements such as the terms of this Agreement.

3.2. TWIN SAILS recommends, however, that the parents or legal guardians monitor the activities of their children or children under their guardianship, during their use of the Services. Local laws may also require that children under a certain age are supervised during their use of the Services.

3.3. Notwithstanding the above, the use of TWIN SAILS’s Services must take place under parental supervision, any use of the Services by a minor is assumed to have been previously validated by their parents or legal guardians. As far as is permitted by applicable legislation, TWIN SAILS declines all responsibility regarding use of the Services by minors without the permission of their parents or legal guardians.

3.4. TWIN SAILS also recommends that You remain watchful to ensure that your children or children under your guardianship never disclose their personal data without your consent. Please note that TWIN SAILS is not authorized to ask for more personal information than what is necessary.

3.5. It is understood that the minors may be prohibited from using certain Services if they do not meet the age requirements set by the rating organizations. Where possible, TWIN SAILS shall provide an indication of the appropriate age based on the Content (defined in article 4 below) contained within the Services using a games rating. The games rating is a guideline only and TWIN SAILS shall not be liable in the event that You deem the Services and/or the Application and/or the Content (defined in article 4 below) to be inappropriate for the age rating in all the circumstances. Please be aware that not all features of the Services are rated and some features may contain adult language and material.

3.6. Notwithstanding the above, TWIN SAILS reserves the right to restrict or prohibit access to all or part of the Services by minors under the age of 15 years without obtaining your prior approval.

3.7. Parents or legal guardians can at any time lock the Account of their Minor by contacting the Third-Party Platform.

4. LIMITED USE OF THE SERVICES

4.1. Subject to your compliance with the terms and conditions of the Agreement, TWIN SAILS hereby grants You a limited, single, personal non-transferable, non-exclusive, fully revocable and non-commercial license to install the Application, access and use the Service, and it is exclusively for recreational purposes that will not be used for any other purpose as detailed below. This license is conditioned on your continued compliance with the terms and conditions in this Agreement. All rights not specifically granted under this Agreement are hereby reserved by TWIN SAILS and, as applicable, by its licensors or partners.

4.2. TWIN SAILS offers the Services for your personal entertainment, for your information, your education, and to communicate with You. Without TWIN SAILS ‘s prior written permission, You may not reproduce, distribute, publish, modify, display, sell, copy, exchange, transfer, rent out, lease, lend, grant a license, prepare derivative works based on, republish, commercialize or commercially exploit or otherwise use the Application and/or the Content of the Services (as defined below), with the exception of your User-Generated Content (as defined in article 8 below) and copies of Content You may need to download and store temporarily on your computer, console or other platform, for personal use, for non-commercial purposes, and only in read mode, provided that You do not delete or modify the copyright, marks, or any notice of ownership. Unless expressly stated beforehand, nothing entitles You to any particular right of license and/or copyright and/or intellectual property on the Application and/or the Services and/or the Content with the exception of your User-Generated Content (as defined in article 8 below).

The “Content” includes in particular (i) all intellectual property rights (in particular but not limited to rights over trademarks, drawings and models, domain names, logos, copyrights) related to one of the Services, (ii) all elements whether textual, graphical, musical, video, visual, or audible that appear in any of the Services, and (iii), where applicable, online User-Generated Content (as defined in article 8 below).

4.3. In the event that You download software from the Services (which will be necessary for example when downloading the Application onto a compatible platform, an update, an upgrade, etc.), the software, the code (in whole or in part), as well as any files, images incorporated in or generated by the software, and data accompanying the software (collectively as the “Software”), are licensed to You by TWIN SAILS. TWIN SAILS will never transfer to You the intellectual property rights to the Software. You are the owner of the media on which the software is registered; however, TWIN SAILS reserves all rights and titles on the services, as well as its intellectual properties and, as applicable, the intellectual properties of its licensors or partners on the Software according to article 5 below.

You shall not decompile, reverse-engineer, disassemble the code, reduce it to a format that is readable to humans, or grant or distribute any type of element that You can copy or derive from the Software and/or the Application and/or the Service (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Service). You are not authorized to use any element of the Content (with the exception of your User-Generated Content defined in article 8 below), the Software and/or the Application for the training of an artificial intelligence tool; this use being expressly forbidden.

4.4. The license permitting the installation, access and use of the Software and/or the Application will be effective from the time it is downloaded until terminated.

You may terminate this license agreement at any time and for any reason by informing TWIN SAILS that You wish to terminate it. TWIN SAILS, its licensors and partners may terminate your license agreement at any time, with due reason. The termination by TWIN SAILS, its licensors and partners will take effect within one month, if TWIN SAILS and/or its partners or licensors decide definitely to cease publishing, offering or ensuring maintenance of the Services and/or the Software and/or the Application.

In the event of termination, by You or by TWIN SAILS, its licensors and partners, the license You have been granted will expire immediately and You will have to immediately and definitely uninstall the Software and/or the Application and destroy all copies that You may have. You may not request to be refunded for any sum already paid.

If You commit any breach of this article, your right to use the Services under this Agreement shall automatically and immediately terminate, without notice. Your breach of this article shall constitute a material breach of this Agreement and/or of applicable copyright and other intellectual property rights laws and treaties, and may subject You to civil and criminal liability.

4.5. You are informed that computer and/or consoles and/or mobile developments are not compatible with all platforms and media, and that the performances of the TWIN SAILS Application and/or Software and the related Services may vary depending on your equipment.

For the avoidance of doubt, You agree to ensure that You meet the required hardware or minimum system requirements for the Application (as specified in the Application documentation and/or in the Application description on the applicable Application storefront) (“Minimum System Requirements”).

In order to take full advantage of the Services, You must have your own means of compatible telecommunication and Internet access. The provision of Services does not require that TWIN SAILS supply a compatible platform. TWIN SAILS may charge You certain fees to access the mobile Services, in particular micro transactions within the Services.

4.6. Furthermore, You agree that You shall abide by any safety information, maintenance instructions or other relevant notices contained in the manual or other documentation accompanying or otherwise provided in connection with the Services.

You undertake to comply civil responsibility, risk, personal injury, health, life, and all other insurance policies that You determine to be reasonably necessary in case of some inconveniences You may incur through the use of the Services.

5. INTELLECTUAL PROPERTY

5.1. The Services are developed, edited, and managed by or on behalf of TWIN SAILS, its licensors and partners. The Services and all Content, and all intellectual property rights relating to their development, to the selection of their elements, to their presentation, and to their organization, are the property of TWIN SAILS, its affiliates, or their licensors and rightsholders; with the exception of any User-Generated Content, addressed below in article 8.

5.2. The Services and all Content are protected by copyright, legislation on databases, drawings and models, trademarks, and more generally, the international treaties and conventions and other laws protecting intellectual property and the exclusive rights related. Any reproduction or representation of these elements or wholly or partially the Content by any means and by any title is prohibited without TWIN SAILS’s prior permission and, where applicable, of the licensors and rightsholders with the exception of Your User-Generated Content, addressed below in article 8.

Except as expressly licensed to You herein within the limits expressly set by TWIN SAILS, all right, title, and interest in and to the Services and any and all associated copyrights and intellectual properties therein and/or related thereto and all copies thereof (including, but not limited to, any patches, updates, copies, derivative works, titles, computer code, themes, objects, characters, character names, stories, dialogs, catch phrases, locations, concepts, artwork, images, animation, sounds, musical compositions, audio-visual effects, text, methods of operation, moral rights, “applets” incorporated into the Services and any related documentation) are owned by TWIN SAILS or TWIN SAILS’s licensors and partners.

All rights are reserved. The Services contain certain licensed materials, and TWIN SAILS and TWIN SAILS’s licensors may protect their rights in the event of any violation of this Agreement.

5.3. All trademarks, services marks, trade names, domain names, acronyms, logos, drawings, icons and others contained on the Services are the sole property of TWIN SAILS, the Asmodee group, or their partners who have given them a license for use within the framework of the Services. Nothing contained in the Service should be seen as granting any license or right to use any trademark displayed in the Service without the written permission of TWIN SAILS or such third party that may own the trademarks displayed in the Service. Your use of the trademarks displayed in the Service, or any other Content in the Service, except as provided in this Agreement, is strictly prohibited.

5.4. YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE SERVICES, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL SUCH RIGHTS ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF TWIN SAILS OR TWIN SAILS’S LICENSORS AND PARTNERS.

You acknowledge that You are only permitted to use these elements and information included in the Services and the Content within the limits expressly set by TWIN SAILS. You acknowledge and accept that none of these terms and conditions serve to transfer the property of any trademark, trade name, or any other of the Services’ property rights or any part of the Services to yourself or any outside party. You undertake not to do any act or thing which is inconsistent with this article 5 or which is likely in any way to prejudice TWIN SAILS, the Asmodee group, or its rightsholders or beneficiaries.

The limited license granted to You under this Agreement does not give You any title or ownership in Services, Application or Content (with the exception of Your User-Generated Content, addressed below in article 8), and should not be construed as a sale or transfer of any intellectual property rights in or relating to them.

You are prohibited from using or authorizing the use of this intellectual property unless specifically permitted under the Agreement. Any unauthorized use of this intellectual property may violate copyright laws, trademark laws, the laws of privacy and publicity, or other regulations and statutes.

6. RULES OF CONDUCT

6.1. You undertake not to directly or indirectly if applicable:

use within the framework of the Services any element which would infringe on the intellectual and industrial property rights, right to privacy and/or image rights, and/or any other rights of others;
create, use, share, and/or publish by any means (forum, public profile, or other means) within the framework of the Services any User-Generated Content including material (text, words, images, sounds, videos, etc.) which, in TWIN SAILS’ reasonable estimation, is abusive, threatening, malicious, defamatory, untruthful, pornographic, pedophilic, obscene, vulgar, racist, xenophobic, liable to incite hatred, sexually explicit, violent, contrary to morality, or is in any other way unacceptable;
create, use, share, and/or publish by any means (forum, public profile, or other means) within the framework of the Services any material (text, words, images, sounds, videos, etc.) which would constitute a breach of an obligation of confidentiality or which would incite the committing of an unlawful act (in particular, piracy, hacking, or circulation of counterfeit software);
conduct activities aimed at accessing elements or functions of the Services whose use has not been authorized by TWIN SAILS;
arrange, modify, translate, adapt, reproduce, index, copy, and/or extract any information, software, product, or other element or part of the Content or Services, by any means without TWIN SAILS’s express prior permission? (with the exception of Your User-Generated Content, addressed below in article 8);
modify, distort, block, abnormally burden, disrupt, slow down, and/or hinder the normal functioning of all or part of the Services, or their accessibility to other Users, or the functioning of the partner networks of the Services, or attempt to do any of the above;
transmit or propagate any virus, Trojan, worm, bomb, corrupted file, and/or similar destructive device or corrupted data within the framework of the Services, and/or organize, participate in, or be involved in any way in an attack on TWIN SAILS’s servers and/or the Services and/or those of its service providers and partners;
create, use, and/or circulate “auto”, “macro”, or other cheat, hack, mod, trainer, or bot programs or software applications, and/or use the Services via a mirror site;
create or supply other means enabling use of the Services by other persons, for example server emulators;
harass other Users of the Services, send them unsolicited messages for commercial prospecting purposes, use the Services for purposes of surveys, competitions, pyramid selling or similar operations, or for sending mass emails, spam, or any unsolicited advertising or promotional items, for commercial purposes or otherwise;
use another User’s Account, assume another person’s identity, or present false credentials in relation to any natural or legal person within the framework of the Services or while using of the Services;
use any means not expressly permitted by TWIN SAILS to collect or intercept data exchanged by other Users within the framework of the Services, or the names/screen names and/or passwords of any other User;
attempt to obtain a password, information concerning an Account or other information of a private nature from any other User of the Services, and/or sell, rent out, share, lend, and/or in any other way transfer to any outside party your Account and/or the means of accessing it and/or in any other way allow any outside party to benefit from your Account;
make, if applicable, inappropriate use of the game help service or the claim buttons or send untruthful reports to members of TWIN SAILS’s personnel and/or those of its service providers and partners;
access, use, download from the Services, or otherwise reproduce or supply to anyone (free of charge or in return for payment) any directory of Users of the Services or any other information concerning Users or use of the Services;
refuse to obey the instructions of any TWIN SAILS representative, and/or impersonate any employee or representative of TWIN SAILS and its partners.

6.2. Fair Play

TWIN SAILS does not tolerate cheating, whether it be through the use of cheat software, the reverse engineering of the communication protocols or code, the use of multiple accounts, collusion with other players, etc. Any person found cheating will be subject to a warning, followed then, if applicable, by the freeze of their Account, resetting of their scores and rankings, removal of User privileges, and even the deletion of their Account, at TWIN SAILS’s sole discretion.

By joining TWIN SAILS’s Services, You agree to exercise constant fair play. If applicable, any User found voluntarily quitting a game before its normal completion, using stalling tactics to induce opponents to forfeit, or using foul or obscene language, could face the following risks, at TWIN SAILS’s sole discretion: the freezing of their Account, resetting of their scores and rankings, and/or the deletion of their Account.

6.3. No monitoring of Services by TWIN SAILS

Opinions, advice, and/or recommendations are displayed or sent by the Users of the Services, which they are solely and wholly responsible for. TWIN SAILS is not responsible for these expressions.

Subject to the applicable imperative legal provisions, TWIN SAILS does not undertake to monitor the User-Generated Content, (as defined in article 8 below). TWIN SAILS will, however, be aware of all reports of Unlawful Content (as defined in article 10 below) and will remove any element that is made available to You that is likely to breach this TWIN SAILS EULA.

TWIN SAILS furthermore reserves the right to define additional rules of conduct and to place limits on the use of the Services. To the extent possible, TWIN SAILS will do its best to inform You in advance of these additional rules of conduct and limits.

7. ONLINE CHAT ROOMS

The Services may include forums, chats, and/or groups information groups, or any other space allowing Users to share among themselves provided within the Services (hereinafter “Discussion Forum(s)”). The Discussion Forums are post-moderated, they do not allow for posts to be reviewed prior to being displayed on the Services.

When You post in the Discussion Forums, your User Name and/or your avatar may be displayed. You acknowledge and agree that your communications made via the Discussion Forums are public and not private communications.

You acknowledge and agree that personal information that You communicate via the Communication Software may be seen and used by others and may result in widespread distribution of such information. TWIN SAILS strongly encourages You not to disclose any personal information in your public communications via the Discussion Forums unless You wish such information to be made permanently available to the public.

You confirm to have acknowledged and accepted that You are solely responsible for the disclosure and/or posting and/or circulation of your messages.

You undertake to comply with all the Terms of this Agreement, in particular the obligations contained in article 6, and not to:

publish any User-Generated Content (defined in article 8 below) which could be deemed unlawful,
restrict or prevent the use of the Discussion Forum for any other User of the Services,
transmit or obtain through the Services personal information regarding another User,
transmit information that is unrelated to the subject or theme of the Discussion Forum,
transmit inappropriate or degrading information with regard to frequent Users of the Discussion Forum,
harass or denigrate Users via the Discussion Forum or via private or public messages.

TWIN SAILS reserves the right to contact You in order to obtain more information regarding messages You post and verify that You are the owner of the User-Generated Content contained therein.

In any event, TWIN SAILS does not approve the opinions, advice, and/or recommendations displayed and/or sent by Users within the discussion forums and declines all responsibility regarding these. TWIN SAILS is not responsible for communications made by Users via the Discussion Forums.

8. USER GENERATED CONTENT

8.1. The Services may allow You to create and publish Content via TWIN SAILS’s Services, (the “User-Generated Content”) including, but not limited to, forum posts, User Names, avatars, stories, images, videos, data, questions or answers, comments, suggestions, or the like with the exception of mods which are subject to article 9 below. You are responsible for your User-Generated Content and may only upload or transmit User-Generated Content that You own. You shall not upload to, distribute through, or otherwise publish through the Services any User-Generated Content which is defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, likely to adversely affect the reputation or goodwill of TWIN SAILS and/or its licensors or that would otherwise give rise to liability or violate any law. You further represent that any User-Generated Content You upload is yours, and does not infringe on any third-party’s marks or copyrights.

8.2. User-Generated Content shall be used only for non-commercial purposes. You shall not, without our express written approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. You specifically acknowledge that soliciting other Users to join or become members of any commercial service or other organization is expressly prohibited.

8.3. User-Generated Content are displayed or sent by the Users of the Services, which they are solely and wholly responsible for. TWIN SAILS does not assume any responsibility or liability for User-Generated Content. TWIN SAILS does not pre-screen User-Generated Content and does not endorse or approve any User-Generated Content available on or through the Service before their publication.

Subject to the applicable imperative legal provisions, TWIN SAILS does not undertake to monitor the User-Generated Content made available on the Services by their Users. TWIN SAILS will, however, be aware of all reports of Unlawful Content (as defined in article 10 below) and will remove any element that is made available to You that is likely to breach this TWIN SAILS EULA.

8.4 Except for personal information as governed by our Privacy Policy, any User-Generated Content will be treated as non-confidential and non-proprietary. Anything You create or post via the Services may be used by TWIN SAILS and its affiliates for any purpose: products or service solicitations, reproduction, disclosure, transmission, publication, broadcast, and mailing (non-exhaustive list), on all known or as yet unknown media.

In this respect, to the extent required by TWIN SAILS and to the maximum possible under the applicable law, with respect to the User-Generated Content, You acknowledges and agree to grant TWIN SAILS a license on the intellectual property rights attached to the User-Generated Content irrevocable, free of charge, non-exclusive, for the territory of the whole world and for the entire duration of the protection currently granted or which will be granted in the future to the authors of intellectual works within the meaning of the Intellectual Property Code by French laws and regulations as well as by international conventions.

The intellectual property rights granted to TWIN SAILS on the User-Generated Content include:

– the right to use and exploit it commercially, including for Applications, to distribute it and to license (or sub-license) it;

– the right to represent and reproduce it, in as many copies as TWIN SAILS deems necessary, on any medium, format or network, known and unknown on the date the User-Generated Content is made available by the User, directly or indirectly;

– the right to modify it, in whole or in part, by addition, deletion, correction, etc.;

– the right to adapt it in whole or in part;

– the right to incorporate it, in whole or in part, into any pre-existing or future work;

– the right to translate it into another language;

– the right to use it on other media or to adapt it to operating systems other than those used or known at the time of subscription to the Agreement;

– the right to exploit it in any form, in particular in the form of merchandising;

– the right to file and/or register it with any competent office, including from the time of its conception, in its name and on its behalf,

You acknowledge and accept that TWIN SAILS is entitled to have all or part of the above rights granted to it exercised by a third party of its choice.

You shall not be entitled to any compensation for User-Generated Content except as part of a separate express agreement between You and TWIN SAILS. You also agree that TWIN SAILS may use User-Generated Content in any manner it deems appropriate.

8.5. You declare and accept that TWIN SAILS will be the sole owner of all rights relating to the Content You create online based on pre-existing TWIN SAILS’s Content, as and when such Content is created, that will be not considered as User-Generated Content. By accepting these terms, You agree to assign irrevocably to TWIN SAILS, free of charge, all rights of use You may have over the Content created online by You based on pre-existing TWIN SAILS’s Content on an exclusive basis, including but not limited to rights over trademark, patent, commercial secrets, copyright and neighboring rights, rights of publicity therein. This assignment of rights is granted on a worldwide basis and for the period of protection of each Content created by You based on pre-existing TWIN SAILS’s Content by the applicable legislation.

In the event of a competent court ruling that all or some of the rights concerning the User-Generated Content by You as described in this clause 8.4 cannot be validly transferred to TWIN SAILS, You hereby grant to TWIN SAILS, free of charge, permanently (or for the whole legal period of protection), an exclusive, irrevocable, and transferable right of use, reproduction, representation, modification, display, distribution, and, in general, exploitation of this User-Generated Content, by any means, on all known or as yet unknown media, for all purposes (whether commercial or non-commercial), and on a worldwide basis, without your necessarily being mentioned as the source of this User-Generated Content, given the technical or operational constraints.

8.6. TWIN SAILS, or any outside party to which the rights concerning the online User-Generated Content have been transferred by TWIN SAILS in accordance with this article, may file or register any application for intellectual property rights relating to the online User-Generated Content in its own name, for all countries in the world.

9. MODDING

9.1. Where possible, TWIN SAILS allows the Users to create modifications of the Application (including but not limited to new items, levels and game modes) for use with the Application (hereinafter “Mod(s)”). Please note that TWIN SAILS and its licensor or partners prohibits the creation of Mods for certain Application. In such instances, you shall not be entitled to create Mods for that Application. The possibility to create shall be indicated in the Application. If you are unsure as to whether the creation of Mods is prohibited for your Application please contact TWIN SAILS at the following address: https://asmodee.helpshift.com/hc/en/84-twin-sails-interactive/contact-us/. The license we provide to you to create and use Mods with the Application may be revoked if you breach this article 9 and/or the TWIN SAILS EULA.

You are solely responsible for your Mod and may be held liable for any Mod which you create and upload to the Modding webpage for the Application.

9.2. You acknowledge that you shall have no ownership or other proprietary interest in the Application and/or any Mods which you create, except as expressly stated herein. Any Mods that you create shall belong to You only insofar as the Mod contains your original creative work. You acknowledge and agree that all right, title and interest in any elements of the Mod which represent, comprise, derive or are based upon any intellectual property rights which subsist in the Application including without limitation copyrights, trademarks and other intellectual properties therein and/or related thereto, whether or not registered or registrable, are owned by, or for the benefit of TWIN SAILS and its licensors.

You shall not be entitled to any compensation for the creation of Mods on your own initiative except as part of a separate express agreement between You and TWIN SAILS.

9.3. Subject to your compliance with the terms and conditions of the TWIN SAILS EULA and in particular this article 9, TWIN SAILS hereby grants you a non-exclusive, non-transferable, limited, fully revocable license to install, access and use the in-game modding tools (“Modding Tools”) solely and exclusively to create Mods for use with the Application and to publish those Mods on the applicable TWIN SAILS approved third party Modding webpage for the Application. You acknowledge and agree that your use of the Modding Tools is at your own discretion and risk and that you will be solely responsible for any obligations, damages or losses which arise from your registration, access and use of the Modding Tools.

Please note that certain Modding Tools may be owned and operated by third parties such as Mod.io (https://mod.io/), Steamworks (https://partner.steamgames.com/) or NexusMod (https://www.nexusmods.com/) (hereinafter “Modding Platform”) and may be subject to additional terms and conditions published by those Modding Platform. You agree to use the Modding Tools to create Mods in a manner that is consistent with this Agreement, and with any additional terms and conditions published by the Modding Platform, including an agreement that you shall not sell, rent, lease, license, distribute or otherwise transfer or exploit the Modding Tools and/or Mods or any copies thereof, for commercial gain or otherwise, except as permitted by this Agreement and/or the Modding Platform. A breach of the provisions of this license shall constitute a material breach which has the effect of terminating the TWIN SAILS EULA and which may subject you to civil and criminal liability.

In consideration of the above grant of rights, you hereby grant TWIN SAILS, its affiliates, its licensors and any Modding Platform all the necessary consents, clearances and a license on the intellectual property rights attached to the Mod(s) irrevocable, free of charge, non-exclusive, for the territory of the whole world and for the entire duration of the protection currently granted or which will be granted in the future to the authors of intellectual works within the meaning of the Intellectual Property Code by French laws and regulations as well as by international conventions.

The intellectual property rights granted to TWIN SAILS on the Mod(s) include:

– the right to use and exploit it commercially, including for Applications, to distribute it and to license (or sub-license) it;

– the right to represent and reproduce it, in as many copies as TWIN SAILS deems necessary, on any medium, format or network, known and unknown on the date the Mod is made available by the User, directly or indirectly;

– the right to modify it, in whole or in part, by addition, deletion, correction, etc.;

– the right to adapt it in whole or in part;

– the right to incorporate it, in whole or in part, into any pre-existing or future work;

– the right to translate it into another language;

– the right to use it on other media or to adapt it to operating systems other than those used or known at the time of subscription to the Agreement;

– the right to exploit it in any form, in particular in the form of merchandising;

– the right to file and/or register it with any competent office, including from the time of its conception, in its name and on its behalf,

You acknowledge and accept that TWIN SAILS is entitled to have all or part of the above rights granted to it exercised by a third party of its choice.

9.4. Any element which you include in your Mod (except for the Modding Tools) must be your own original work created by You or you must have obtained the necessary permissions to use such element. You are responsible for the Content of any Mods which you create and publish on the Modding webpage for the Application and shall warrant and represent to TWIN SAILS and any Modding Platform that your Mods do not contain:

any similarity to any recognizable third-party assets, including but not limited to any trademark, logos, characters except for those assets provided to you by TWIN SAILS or the Modding Platform for the creation of the Mod for use with the Application;
any assets from other Application or games published by TWIN SAILS and its affiliates or any other third party without permission, where such use constitutes an infringement of third party intellectual property rights;
any element which is defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, likely to adversely affect the reputation or goodwill of TWIN SAILS and/or its licensors or that would otherwise give rise to liability or violate any law;
any element which does not comply with any instructions provided to You by TWIN SAILS and/or the Modding Platform as published on the Modding webpage for the Application or within the Modding Tools, which may be updated by TWIN SAILS and/or the Modding Platform from time to time;
any malicious code, including viruses, spyware, Trojan horses, worms, time bombs, cancelbots, corrupted data, or other Content that contains malicious code or in any way damages or interfere with the operation of the Application.

Subject to the applicable imperative legal provisions, TWIN SAILS does not undertake to monitor the Mods made available on the Services by their Users. TWIN SAILS will, however, be aware of all reports of Unlawful Content (as defined in article 10 below) and will remove any Mod that is made available to You that is likely to breach this TWIN SAILS EULA.

10. REPORTING OF UNLAWFUL CONTENT

It is understood that Unlawful Content refers to any Content You encounter through use of the Services that You deem to be unlawful and/or non-compliant with the TWIN SAIL EULA. You may contact TWIN SAILS by filling the contact form available at https://asmodee.helpshift.com/hc/en/84-twin-sails-interactive/contact-us/, and by following the steps below:

1. It is important to note the date of your notification as well as the date on which the Unlawful Content was encountered;

2. Indicate your surname, first name, and email address;

3. Identify and describe the Content which is, in your opinion, contrary to the TWIN SAIL EULA, indicating its precise location, as well as the Service on which the Unlawful Content was encountered;

4. Indicate the reasons why You believe that this Content does not comply with the TWIN SAIL EULA and should be removed from the Services;

5. When reporting a copyright infringement, identify the work protected by the copyright of which You wish to report the infringement and provide all necessary information proving the existence of this copyright and demonstrating that You are authorized to intervene on behalf of the holder of the copyright;

6. Attach a declaration specifying that all the information You have passed on to TWIN SAILS is correct.

If the notification is complete and the Content is manifestly unlawful, TWIN SAILS will remove and/or delete the Unlawful Content in question from the Services.

TWIN SAILS informs You that presenting erroneous information or false information, with the aim of obtaining the removal of Content that is actually lawful, is punishable by law.

11. VIRTUAL ITEMS

11.1. TWIN SAILS may enable You to purchase or earned within the Services virtual in-game digital items and other virtual in-game goods and services (collectively, “Virtual Items”). You may need to have an Account to be able to obtain Virtual Items. In that event, the terms of sale of the Third-Party Platform shall apply. TWIN SAILS has no control over how Third-Party Platform operate a system of credits or Virtual Items, so this method of obtaining Virtual Items may not always be available to You. In addition, TWIN SAILS has no control over the pricing, payment and billing policies applicable to such purchases from Third-Party Platform.

11.2 The existence of a particular offer of Virtual Items is not a commitment by TWIN SAILS to maintain or continue to make the Virtual Items available in the future. The scope, variety and type of Virtual Items that You may obtain can change at any time. TWIN SAILS has the absolute right to manage, regulate, control, modify or eliminate such Virtual Items at any time as it sees fit in its sole discretion without notice, and TWIN SAILS will have no liability to You or anyone for the exercise of such rights.

11.3. Your election to make a purchase with real currency will be an offer to purchase at the prices and on the terms set forth on the Service. The purchase of Virtual Items is reserved for bank account holders and Account holders that are either (a) legal adult in their country of residence; or (b) younger than legal adult in their country of residence with the permission of a parent or legal representative to make the purchase. The parents or legal guardians of children younger than legal adult in their country of residence can consult the Third-Party Platform settings in order to limit purchases within the Services but must also monitor their children’s accounts on Third Party Platforms in the event of unexpected activity, including the purchase of Virtual Items.

11.4. The purchase of Virtual Items grants You a restrained, revocable, non-transferable, and non-sublicensable license. You guarantee that it will be for personal entertainment, non-commercial use only. You acknowledge that You may not acquire any right of property or title in relation to Virtual Items. TWIN SAILS does not recognize any purported transfers of Virtual Items outside of the Service, or the purported sale, gift, or trade in the “real world” of anything that appears or originates in the Service. You accept that Virtual Items have no monetary value and do not constitute items of any nature. TWIN SAILS can cancel all Virtual Items sold, transferred, or exchanged that is in violation of these terms. Such a sale, transfer, or exchange (or attempt to do so) is prohibited and can result in an automatic termination of your rights to use the Virtual Items and may result in a lifetime ban from the Services and/or possible legal action.

11.5. Virtual Items can only be purchased and owned by legal residents of countries where access to the Services and their use are authorized. We reserve the right to control, regulate, modify, or delete Virtual Items without any liability whatsoever towards You.

12. RENUNCIATION OF RIGHT OF WITHDRAWAL

Paid Services and Content including paid Virtual Items are delivered instantly by means of online immaterial delivery. Therefore, in agreement with You, TWIN SAILS begins the immaterial delivery process before the end of the of 14-day withdrawal period provided by the French Consumer Code. It is therefore agreed by You and TWIN SAILS that the viewing and downloading of a paid Service or paid Content will not qualify for any right of withdrawal to be claimed.

13. ADVERTISING AND PROMOTION OF PRODUCTS – HYPERLINKS

13.1. Within the Services, TWIN SAILS may, entirely at its own discretion, highlight certain products and/or services by inserting promotional links, advertising banners, or pop-ups, upon launching the Application. It is understood that TWIN SAILS may carry out cross marketing operations with any partner of its choice. TWIN SAILS may provide links to other third-party worldwide web sites or resources through the Services, either directly or through a third-party provider.

TWIN SAILS makes no representations whatsoever about any other web site which You may access. Because TWIN SAILS has no control over such sites and resources, You acknowledge and agree that TWIN SAILS is not responsible for the availability of such external sites or resources and is not responsible or liable for any Content, advertising, products, services or other materials on or available from such sites or resources and You access these websites at your own risk. References to any names, marks, products or services of any third parties or hypertext links to third party sites or information are provided solely as a convenience to You, and do not constitute or imply an endorsement, sponsorship or recommendation of, or affiliation with the third party or its products and services.

13.2. Furthermore, TWIN SAILS makes no representation or warranty as to any third party Content, products or services (“Third Party Services”), and You agree that TWIN SAILS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Third Party Services available on or through any such site or resource.

14. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

14.1. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH OR IN CONNECTION WITH THE SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, CONSOLE OR OTHER SYSTEM, OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES. TWIN SAILS IS LIABLE ONLY FOR DIRECT DAMAGES CAUSED BY THE SERVICES, EXCEPT IN THE CASE OF FRAUD, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, FORCE MAJEURE, DEATH, OR PERSONAL INJURY, AND ALL OTHER EXCLUSIONS ESTABLISHED IN LEGISLATIVE AND REGULATORY PUBLIC PROVISIONS.

TWIN SAILS DOES NOT GUARANTEE THE PERMANENCE OF THE USER-GENERATED CONTENT YOU PUBLISH ON THE SERVICES, WHICH MAY DISAPPEAR FOR ANY REASON. THIS IS WHY YOU YOURSELF MUST MAKE YOUR OWN BACKUPS OF THE USER-GENERATED CONTENT YOU SHARE.

14.2. WHILE TWIN SAILS MAKES EVERY EFFORT TO ENSURE THE CONTINUOUS AVAILABILITY OF ITS SERVERS AND SERVICES, THEIR ACCESSIBILITY MAY BE MOMENTARILY SUSPENDED FOR TECHNICAL OR MAINTENANCE REASONS, WITHOUT PRIOR WARNING. YOU UNDERSTAND AND AGREE THAT TEMPORARY INTERRUPTIONS OF THE SERVICES MAY OCCUR AS NORMAL EVENTS.

ACCESS TO THE SERVERS REQUIRES AN INTERNET CONNECTION WHOSE CHARGE AND RESPONSIBILITY ARE UNDERTAKEN ENTIRELY BY YOU. YOU UNDERSTAND AND AGREE THAT TWIN SAILS HAS NO CONTROL OVER THIRD PARTY NETWORKS YOU MAY ACCESS IN THE COURSE OF THE USE OF THE SERVICES, AND THEREFORE, DELAYS AND DISRUPTION OF OTHER NETWORK TRANSMISSIONS ARE COMPLETELY BEYOND TWIN SAILS’ CONTROL.

14.3. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSLY, OR SUGGESTED, AND TWIN SAILS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.

WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THE SERVERS NECESSARY FOR THEIR OPERATION ARE FREE OF VIRUSES OR HARMFUL COMPONENTS, (C) THE SERVICES WILL BE INTEROPERABLE OR COMPATIBILE WITH OTHER SOFTWARE, OR (D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE.

NO ORAL OR WRITTEN INFORMATION OR ADVICE, OBTAINED BY YOU FROM TWIN SAILS OR ITS AUTHORISED REPRESENTATIVE(S) DIRECLTY OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY REGARDING THE SERVICE NOT EXPRESSLY STATED IN THE TWIN SAILS EULA.

14.4. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NO THIRD-PARTY PLATFORM IS A PARTY TO THIS AGREEMENT. NONE OF THE THIRD-PARTY PLATFORMS MAKE ANY WARRANTIES OR ASSUME ANY WARRANTY OR OTHER OBLIGATIONS WITH RESPECT TO: (I) THE SERVICE, OR (II) ANY CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS, OR EXPENSES ATTRIBUTABLE TO THE SERVICE, INCLUDING ANY WARRANTIES ARISING FROM CLAIMS OF INFRINGEMENT OF INTELLECTUAL PROPERTY OR PERSONAL RIGHTS, PRODUCTS LIABILITY, OR FAILURE OF THE SERVICE TO PERFORM, EXECUTE, OR CONFORM TO ANY STANDARD.

YOU HEREBY EXPRESSLY AND IRREVOCABLY WAIVE AND AGREE NEVER TO ASSERT ANY CLAIMS AGAINST ANY THIRD-PARTY PLATFORM THAT YOU MAY HAVE UNDER ANY THEORY OF LAW OR EQUITY ANYWHERE IN THE WORLD, IN CONNECTION WITH RIGHTS LICENSED UNDER THIS AGREEMENT, YOUR POSSESSION OR USE OF THE SERVICE, OR THE CONTENT OF THE SERVICE.

14.5. TWIN SAILS MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE SERVICES, INFORMATION AND/OR RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. THE SERVICES, INFORMATION AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS.

14.6. DUE TO VARIATIONS IN HARDWARE, SOFTWARE, INTERNET CONNECTIONS AND INDIVIDUAL USAGE, TWIN SAILS DOES NOT WARRANT THE PERFORMANCE OF THE SERVICES ON YOUR SPECIFIC DEVICE. YOU ACKNOWLEDGE THAT THE SERVICES EVOLVE OVER TIME AND THAT YOU MAY BE REQUIRED TO UPDATE THE MINIMUM SYSTEM REQUIREMENTS FOR THE SERVICES IN ORDER TO RUN THE APPLICATION.

YOU FURTHER ACKNOWLEDGE THAT TWIN SAILS HAS THE UNFETTERED RIGHT TO MAKE CHANGES TO ITS SERVICES AND MINIMUM SYSTEM REQUIREMENTS AT ANY POINT WITHOUT NOTICE TO YOU. TWIN SAILS SHALL NOT BE LIABLE TO YOU FOR YOUR FAILURE TO MEET ANY CHANGES TO THE MINIMUM SYSTEM REQUIREMENTS.

ADDITIONALLY, AT SOME POINT IN THE FUTURE THE SERVICES MAY GO OUT OF DATE, AND TWIN SAILS MAKES NO COMMITMENT TO UPDATE SUCH SERVICES. TWIN SAILS IS THEREFORE NOT RESPONSIBLE FOR THE CONTINUOUS UPDATING OF THE SERVICES.

14.7. WE WISH TO REMIND YOU THAT THE SERVICES MAY PRESENT THIRD PARTY PRODUCTS OR SERVICES OVER WHICH TWIN SAILS HAS NO CONTROL AND FOR WHICH TWIN SAILS ASSUMES NO RESPONSIBILITY. THIRD PARTY SERVICES ARE PRESENTED MERELY FOR INFORMATION AND THE DECISION TO USE SAID THIRD PARTY SERVICES IS FULLY YOUR RESPONSIBILITY AND IS DONE IN ACCORDANCE WITH THE APPLICABLE TERMS OF SAID THIRD PARTY SERVICES.

14.8. THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS CLAUSE APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, FAILURE TO MEET THE MINIMUM SYSTEM REQUIREMENTS, THEFT OR DESTRUCTION OR UNAUTHORISED ACCESS TO, ALTERATION OF, OR USE OF THE SERVICES, WHETHER FOR BREACH OF THE AGREEMENT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.

14.9. IN NO CASE SHALL ANY LIABILITY OF TWIN SAILS TO YOU EXCEED THE AMOUNT THAT YOU PAID FOR THE APPLICABLE SERVICE GIVING RISE TO ANY SUCH LIABILITY. IN NO EVENT SHALL TWIN SAILS OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, GOODS, GOODWILL, PROFITS OR OTHER INTANGIBLE LOSSES, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR THE INABILITY TO USE THE SERVICES OR ANY OTHER MATTER RELATING TO THE SERVICES, INCLUDING DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER, CONSOLE OR OTHER SYSTEM FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, EVEN IF TWIN SAILS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14.10. ANY CLAIMS ARISING OUT OF THE SERVICE ARE SUBJECT TO THE LIMITATIONS SET FORTH IN THIS AGREEMENT AND MAY BE BROUGHT ONLY AGAINST TWIN SAILS INTERACTIVE, AS DESCRIBED IN ARTICLE 22 BELOW.

14.11. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND/OR PERSONAL INJURY, DEATH, FRAUD AND/OR CERTAIN IMPLIED WARRANTIES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF TWIN SAILS AND ITS AFFILIATE SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

14.12. YOU WILL BE HELD SOLELY RESPONSIBLE FOR DAMAGES CAUSED TO TWIN SAILS, ITS PARTNERS, AND OTHER USERS, OR ANY NATURAL OR LEGAL PERSON, WHERE APPLICABLE, RESULTING FROM ANY USE OF THE SERVICES IN VIOLATION OF THE LAW OR THE TWIN SAILS EULA. SHOULD THIS BE THE CASE, TWIN SAILS RESERVES THE RIGHT TO TAKE LEGAL ACTION, ON THE GROUNDS OF CIVIL AND/OR CRIMINAL LIABILITY, IN ORDER TO CEASE THE VIOLATION AND OBTAIN COMPENSATION FOR DAMAGES SUFFERED.

15. INDEMNIFICATION

Upon a request by TWIN SAILS, You agree to defend, indemnify, and hold TWIN SAILS and its affiliates, officers, agents, and employees harmless from all liabilities, claims, demands, losses, costs and expenses, including attorneys’ fees, that arise from (a) your use of, or activities in connection with the Services (including but not limited to your creation and use of User-Generated Content and Mod); (b) any violation of the Agreement by You; or (c) any allegation that any User-Generated Content and Mod that You make available via the Services infringes or otherwise violates the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party. TWIN SAILS reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will cooperate with TWIN SAILS in asserting any available defenses.

16. INJUNCTION

Because TWIN SAILS would be irreparably damaged if the terms of this Agreement were not specifically enforced, You agree that TWIN SAILS shall be entitled, without bond or other security or proof of damages, to take such action as may be required, including seeking an injunction and other equitable remedies, in addition to any other remedies available to it under the applicable law.

17. INTERNATIONAL USE

Although the Services may be accessible worldwide, TWIN SAILS makes no representation that the Service or related materials are appropriate or available for use in your location, and the Services may not be accessed from territories where the Content is prohibited by local laws. Those who choose to access the Services from such locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Any offer and/or information made in connection with the Services is void where prohibited.

18. PERSONAL DATA – PRIVACY POLICY

TWIN SAILS places great importance on respect for your private life. The processing of Users’ personal data is governed by the Privacy Policy, which can be accessed by clicking https://www.twin-sails.com/eula-privacy-policy here.

Your personal data are kept for a limited time, corresponding to the purpose of the processing. You acknowledge that TWIN SAILS may (i) process personal data relating to You as part of your use of the Services and (ii) transfer such personal data to other personnel or entities within TWIN SAILS, or any other persons as may be reasonably necessary, and as otherwise required or permitted by law.

Like other technology and communications companies, TWIN SAILS regularly receives requests from governments and courts around the world to disclose User data. Respect for the privacy and security of data You share with TWIN SAILS underpins our approach to complying with these legal requests. Our legal team reviews each and every request, regardless of type, and we frequently push back when a request appears to be overly broad or doesn’t follow the correct process.

For more information regarding the collection, processing, transfer and use of personal data by TWIN SAILS, to know and exercise your rights, please carefully review the Privacy Policy. This Privacy Policy is subject to modifications and updates in accordance with article 20. In limited cases where consent is appropriate to and sought for specific processing, a separate consent notice will apply.

Questions, comments and requests regarding the data we collect are welcomed and should be addressed by making a support request at https://asmodee.helpshift.com/hc/en/84-twin-sails-interactive/contact-us/.. You can also contact our data protection officer at admindigital@asmodee.com .

19. HEALTH OF VIDEO GAME USERS

TWIN SAILS advises You to take the following precautions in all cases when using a Service. Avoid playing if You are tired and/or short of sleep. Make sure that You play in a well-lit room and moderate the brightness of your screen. When You play a video game or use a Service requiring connection to a screen, play at a good distance from the screen and as far away as the connection lead allows. During use, take breaks of ten (10) to fifteen (15) minutes every hour.

Epilepsy Warning. Some individuals are liable to have epileptic fits including, in certain cases, loss of consciousness, particularly when exposed to strong luminous stimulations: rapid succession of images or repetition of simple geometrical figures, flashes, or explosions. Such individuals are exposed to risks of fits when they play certain video games containing such luminous stimulations, even if they have no pre-existing medical conditions or have never themselves been prone to epileptic fits. If You or a member of your family have previously presented symptoms of epilepsy (fit or loss of consciousness) in the presence of luminous stimulations, consult your doctor before any use of the Services.

Parents must also pay particularly close attention to their children when they play video games. If You or your child present one of the following symptoms: dizziness, vision problems, contraction of the eyes or muscles, disorientation, involuntary movement or convulsions, or momentary loss of consciousness, You must immediately stop playing and consult a doctor.

20. UPDATING OF SERVICES AND MODIFICATION OF TERMS

20.1. TWIN SAILS reserves the right to modify, suspend or discontinue, temporarily or permanently, the Service, or any part of the Service including the conditions of access to the Services and the billing (effective as of your next purchase) with or without notice at any time. You agree that Twin Sails Interactive will not be liable to You or any third party for any modification, suspension, or discontinuance of the Service.

20.2. TWIN SAILS reserves the right to amend or modify this agreement at any time, in any manner, at TWIN SAILS’s sole discretion and without incurring any liability for example to adapt them to legislative and regulatory changes, or to modify the features offered on the Services and/or the Applications. You agree that your continued use of the services after TWIN SAILS has published an amended version of this agreement constitutes acceptance by you of any amendments.

Consequently, the User is invited to regularly consult this Agreement at https://www.twin-sails.com/eula-privacy-policy. If the User does not accept the amended Agreement., they must stop using the Services. Continuing to use the Services beyond the date of publication of the amended Agreement will presume the User’s acceptance of the amended Agreement.

If TWIN SAILS’ modification of this Agreement materially affects your rights in connection with the Service, which Twin Sails will determine at their sole discretion, TWIN SAILS may, but is under no obligation to, notify You by sending an email to your last known email address on record. TWIN SAILS has no liability if You do not receive this notification.

21. TERMINATION AND SURVIVABILITY OF TERMS

The term of this Agreement begins upon your download or first use of the Service and will continue for as long as you have any copies of the Application in your possession or access the Service, as applicable. The Agreement set forth herein continues to remain in full force and effect until such time as terminated by You or TWIN SAILS.

Without prejudice to any other of its rights, TWIN SAILS may, at any time, unilaterally and in its sole discretion, terminate this Agreement, for any reason with or without notice. In particular, TWIN SAILS may terminate this Agreement and your rights in connection with the Services, if TWIN SAILS, in its sole determination, discontinues the Services or any part of the Services, stops supporting or maintaining the Services or any part of the Services, ceases to provide updates, no longer offers the Services for license, or in the event of a serious and/or repeated failure to comply with the Agreement or activity considered manifestly unlawful on the Services.

You agree and acknowledge that You are not entitled to any refund for any amounts which were paid prior to any termination.

You retain full discretion to discontinue use of the Services at any time, pursuant to the terms of this Agreement. Without prejudice to any other rights of TWIN SAILS, this Agreement shall terminate automatically if You fail to comply with its terms and conditions. Upon termination, You must destroy all copies of the Application.

The provisions of articles 1, 2, 3, 5, 8, 9, 11, 12, 14, 15, 16, 18, 21, 22 shall survive any termination of this Agreement.

22. MISCELLANEOUS

Titles and Headings. The headings of the articles and clauses are intended solely to facilitate reading and understanding of these TWIN SAILS EULA and may in no case allow any assumption to be made as to the content of the articles and clauses and the way in which they may be interpreted.

Severability. If one or more clauses of the TWIN SAILS EULA, including, but not limited to, the warranty, disclaimers and liability limitations set forth above, is determined to be invalid or unenforceable or regarded as such by applicable legislation, regulation, or following a definitive decision of a competent jurisdiction, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, without the entirety of the concerned TWIN SAILS EULA being jeopardized.

No Waiver. Any failure to enforce, exercise or claim or is slow to enforce, exercise claim the application of a clause in these TWIN SAILS EULA, shall not be considered to constitute waiving of this clause or a modification of the TWIN SAILS EULA.

Assignment. TWIN SAILS may assign this Agreement, in whole or in part, at any time. Notwithstanding, You may not assign, transfer or sublicense any or all of your rights or obligations under the Agreement without TWIN SAILS’s express prior written consent.

Entire Agreement. This TWIN SAILS EULA represent the entire agreement between You and TWIN SAILS concerning your rights and obligations as to the use of said Services and supersedes all prior agreements and representations, warranties or understandings between You and TWIN SAILS (whether negligently or innocently made but excluding those made fraudulently), regarding the same subject matter.

Force Majeure. Subject to applicable legal provisions, TWIN SAILS may not be held liable if the performance of one of its obligations is prevented or delayed due to a case of force majeure as defined in article 1218 of the Civil Code and by the case law of the French Courts, and in particular natural disasters, fires, malfunction or interruption of the telecommunications network or the electricity network.

Languages. You agree that all correspondence relating to this Agreement shall be written in the English or French languages.

Applicable Law and Jurisdiction. This TWIN SAILS EULA is governed by French law, without applying its rules relating to conflicts of laws; and You expressly acknowledge the exclusive jurisdiction (without prejudice to your right to have recourse, free of charge, to mediation) of the French courts for any complaint or any dispute with TWIN SAILS, or related in any way to your use of the Services, and You also accept and expressly consent to the exercising of territorial jurisdiction in the French courts in relation to any dispute of this kind, including any complaint concerning TWINS SAILS and/or its affiliates, and their subcontractors, vendors, and content suppliers.

Dispute settlement. In the event of a dispute arising in connection with the TWIN SAILS EULA, its validity, interpretation, execution and consequences or with the deeds supplementing or modifying it, You shall approach TWIN SAILS for the purpose of attempting to find an amicable solution. All complaints to TWIN SAILS must be made in writing at the following address: https://asmodee.helpshift.com/hc/en/84-twin-sails-interactive/contact-us/.

Failing an amicable settlement, in accordance with the provisions in the French Consumer Code, any consumer has the right to have recourse, free of charge, to mediation in order to amicably settle a consumer dispute with a trader.

You may choose:

To resort to an amicable mediation solution within a maximum period of one (1) year from the date of your written complaint to TWIN SAILS:
either by referring the matter to a consumer mediator with a view to amicably resolving the dispute. To this end, the dispute shall be submitted to mediation in English or French in accordance with the mediation rules of the CMAP – Paris Mediation and Arbitration Centre – at the Paris Ile-de-France Chamber of Commerce and Industry;
or, for the User resident in the European Union, by using the online dispute resolution system accessible at the following address:

https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage,

it being specified that the proposed mediation process cannot be a prerequisite for a referral to the competent courts by You.

To bring your claim before the competent French courts.

CONTACT

For any question concerning the TWIN SAILS EULA and the Services, You may contact TWIN SAILS at the following address: https://asmodee.helpshift.com/hc/en/84-twin-sails-interactive/contact-us/

THESE TERMS ARE APPLICABLE ONLY TO THE EXTENT PERMITTED BY LAW. ANY USE OF THE SERVICES IMPLIES UNRESERVED APPROVAL OF THESE TERMS AND PRIVACY POLICY.

Privacy policy

Updated: September 13th 2023

Preamble

Your privacy is important to Asmodee.

This Policy on the protection of personal data is an integral part of the General Terms and Conditions of Use, so that the definitions used in the latter are reused in thisPolicy.

The purpose of this Policy is to inform visitors (which means that you simply consult the Products and Services offered online), “Users” (which means that you are registered on the Site), (collectively, hereinafter “You”) of the Twin Sails website (hereinafter, the “Site”) about the terms and conditions under which ASMODEE DIGITAL, a French company with its registered office at 18 rue Jacqueline Auriol 78280 Guyancourt, France and registered with the Versailles Trade and Companies Register under number 818 058 216 (hereinafter “Asmodee”, “we”, “us”, “our”) processes your personal data (hereinafter the “Personal Data” or “Data”) and the rights you have in this regard.

If you do not agree with the policy and practices below, you may choose not to use our Site.

THE ESSENCE OF THE POLICY

Information Collected

We collect information about you when you use the Site or interact with us.

In addition to the information you declare (e.g. when creating an account, when you play our games), information is automatically collected, generated or inferred by our systems (e.g. your login data).

Usage

We use this information to provide you with the Services or products requested on our Site.

This information also allows us to get to know you better and send you personalized offers on our products subject to your consent when required.

Recipients

This information is communicated to our service providers, when necessary to provide you with the requested Product or Service and/or to our affiliates.

Transfers

Data transfers outside the European Union occur due to the organization or location of some of our service providers (hosts, payment or security providers).

For more information, please click here.

Your options and rights

To exercise your rights of access and rectification, to know and exercise the other rights granted to you by data protection legislation, please click here

Contact us

For any question or complaint regarding this policy, you can contact us as follows:- by email: donneespersonnelles-digital@asmodee.com

– by mail addressed to

ASMODEE DIGITAL – HEAD OF PRIVACY

18 rue Jacqueline Auriol

78280 France

Definitions

The following terms, whether used in the singular or plural in this Policy, shall have the following definitions:

“Application(s)“: refers to websites, mobile games, computer games and games accessible online, published by Asmodee Digital and/ or its affiliates or parent company and its Partners;

“GTC“: refers to the General Terms and Conditions of Use and Services of the Platform available on https://account.asmodee.net/legal/terms;

“Account“: refers to the unique account accessible on the Website asmodee.net through personal, confidential identifiers of the User that he cannot communicate to a third party, and from which he can access the Platform and the Applications;

“Personal Data “: refers to the User’s personal data, within the meaning of the Personal Data Regulations, collected and processed in connection with the use of the Platform and the Applications;

“Subsidiary(s)“: means any company or entity that directly or indirectly controls or is controlled by or under common control with Asmodee Digital. Control of an entity means the possession, directly or indirectly, of the power to direct or cause to be directed the management or policies of such entity, whether through ownership of voting securities, by contract or otherwise;

“Asmodee Group“: refers to all companies or entities controlled directly or indirectly by Financière Amuse TopCo SAS. Control of an entity means the possession, directly or indirectly, of the power to direct or cause to be directed the management or policies of such entity, whether through ownership of voting securities, by contract or otherwise;

“Partner(s)“: refers to the companies publishing the websites www.daysofwonder.com, www.fantasyflightgames.com, www.asmodeena.com, community.fantasyflightgames.com, store.us.asmodee.com and www.zmangames.com;

“Platform“: refers to the platform accessible from the account.asmodee.net or api.asmodee.net website;

“Policy“: means this Privacy Policy;

“Product(s)”: refers to the physical product(s) marketed on the Asmodee Platform and on its Partners’ Applications, including games;

” Regulation on Personal Data “: refers to Law No. 78-17 of 6 January 1978 relating to data processing, files and freedoms, amended pursuant to the Community Regulation of 27 April 2016 published in the Official Journal of the European Union on 4 May 2016 on the protection of natural persons with regard to the processing of Personal Data and the free movement of such data (known as “GDPR” for General Data Protection Regulation);

“Service(s)“: refers to the service(s) offered by the Platform and by the Applications of our Partners who use the Platform, including access to Chats and/or information groups as well as the Discussion Space(s) where Users can exchange with each other, access to online games, online tournaments and the creation of different content by Users (avatars, game scenarios, stories, suggestions, comments, etc.) ;

“User/You“: refers to the natural person, whose minimum age is in accordance with local legislation, browsing the Platform from his Terminal and whose processing of his Personal Data is governed by the Policy. As such, the User guarantees, in the event that he is younger than the required age, to have obtained the consent of the holder of parental authority with regard to the processing of his Personal Data;

“Terminal(s)”: refers to the material equipment(s) (computer, tablet, smartphone, telephone, etc.) used by the User to use the Platform or the Products.

Minimum age

Safeguarding the safety and privacy of children is very important to us. We do not knowingly collect or use Personal Data from individuals under the minimum age required by local law (e.g., 15 years of age in France), without the consent of both the child and the holder(s) of parental responsibility.

Also, you confirm that you are at least the required age or older when you provide your Personal Data in connection with the use of our Products or Services. If you are under the required age, you must seek permission from your parent or legal guardian to provide us with your Personal Data. To do so, please contact us using the contact details set out in the “Contact and complaints” section below.

What personal data do we collect ?

Personal Data that you provide to us directly

We collect the following Personal Data about You:

Identification data such as your gender, last name, username, first name, pseudonym, internal customer identifier. Some Data, such as your pseudonym, is made public to allow the community to find You in our services.
Login data such as your email address to create an account and log in to your account, your country of residence, postal code,
Data relating to your created profile (avatar, gender, preferred color, languages spoken, and preferences for playing);
Data you provide to us when you play our online games: your profile information, your games, your game statistics (By game statistics, we mean information about your game preferences, your progress in the games, the playing time, as well as information about the device you use, including the operating system you use, device settings, unique device identifiers and crash data);

Data of content communicated with Us or with other persons (in particular through Chats, Discussion Areas, forums);
Data relating to your support requests;
Data relating to Your behavior and reputation: game levels reached, rewards, rankings, game missions completed, statistics such as game time, as well as data related to bugs and malfunctions;
Data that you voluntarily provide to us to receive our newsletter, or to benefit from early access to our games, use our development tools (Beta Test), participate in competitions or competitions, or when you contact us through our customer service.
Data when you register for a competition: surname, first name, username, postal addresses and email

Your tournament food preferences when we provide meals,
Any other information relating to the provision of our services and to respond to your requests.

We do not collect any Personal Data called “sensitive” with regard to the Personal Data Regulations, in particular data relating to your state of health or which would reveal your alleged racial or ethnic origin, your political opinions, your religious or philosophical convictions or your trade union membership.

Personal Data We Collect Automatically

Each time you visit our Site, we automatically collect (but when required, with your consent) certain data and information about you and/or your computer or electronic device through the use of “cookies”. This information includes:

the IP address automatically assigned to your computer when you use the Internet;
the type of Internet browser you use;
the type of operating system and device you use to access the Site;
The domain name of your Internet service provider.
the web page from which you came;

your country of residence and language;
the pages and options you visit and access on our Site, as well as the time spent on those pages.
Your game experience, duration, time of use, trials, progress, results, and saved preferences

When you access, visit and/or use our Site, we may therefore track your visit and collect certain data relating to your use of the Products and Services and your activity on the Site. To find out more about our use of cookies, please read our Cookie Policy, available at HERE.

Personal Data We Collect from Third Parties

In some cases, we may also receive information about you from service providers and third parties in connection with your use of Our games or your interactions with Us on other third-party gaming platforms (Discord, Twitch, etc.) or through Sony, Microsoft, Nintendo consoles. This data may include your username or device ID, email address, country, language, friends list, date of birth and certain preferences, and whether you have made a purchase, if applicable, but does not include any financial information.

In addition, You may also purchase, download or access some of Our games on or through services operated by third parties. In this case, they may provide us with information to facilitate your access to and use of Our games. This typically includes information such as your display name, user ID, and device and region information. For example, you may choose to download and play Our games on game consoles (such as PlayStation®, Microsoft Xbox, and Nintendo Switch) through your game console account. In this case, the company operating that platform or service may share certain information with Us, which helps us, among other things, to facilitate Your gaming experience and track your progress.

Whatuse do we make of the information collected and how long it is stored?

In accordance with the applicable regulations on the protection of personal data, We only collect Personal Data when We have a legal basis for doing so.

Personal Data is collected either:

On the basis of pre-contractual measures or the performance of a contract
on the basis of your consent,
in our legitimate interest,
to fulfill our legal obligations.

We draw your attention to the fact that some data may be kept for longer periods than those indicated below to enable us to meet our legal obligations, defend our rights if a liability action is brought or for the exercise of legal rights. In this case, your personal data will be archived and kept for the duration imposed by the applicable regulations or for the duration of the applicable legal prescription.

When your personal data is no longer needed, We ensure that it is deleted or anonymised.

Create and Manage customer accounts “my account”

Purposes
- Manage the public profile, your wish lists
- User authentication
Legal bases
- Performance of a contract
Shelf life
- Retention of data necessary for account management until the account is deleted. For the purpose of proof of deletion, are kept for 3 years: the surname, first name, email, date and channel of deletion of account from the date of deletion.

Customer Relationship Monitoring

Purposes
- Product returns management
- Claims Management
- Exchanges on social networks
- Subscribe to email alerts,
- Use of social features such as forums or chats,
- Management of requests for player help or customer service
Legal bases
- Performance of our contractual obligations
- Legitimate interest in tracking the activity of our customer relationship department in order to improve our products and services and our customer service.
- Legitimate interest (management of customer and prospect relationship and Our brand image)
Shelf life
- History of conversations chat 3 months
- The complaints and remarks of Internet users and the answers provided are kept for 3 years from the last contact.

Registration and Participation in Games, Contests, or Tournaments.

Purposes
- Registration for early access to our games,
- Use of our development tools (including to create and publish games and other content),
- Con keeping the history of the games about you and other players involvedin those games
- Organization, taking into account your participation in the competition, and for sending prizes if necessary.
Legal bases
- Performance of a contract
Shelf life
- For the duration of the competition or tournament.

Carrying out promotional and marketing offers to provide you with commercial information regarding (i) similar Asmodee and/or Partner Products and Services (ii) the Asmodee Group and/or (iii) third party partners.

Purposes
- Commercial prospecting
- Tailored communications and sending our newsletters
- Management of newsletter subscriptions
Legal bases
- We consider it to be in our legitimate interest to keep our customers informed about our Products and Services, but also about similar products and services offered by the Asmodee Group, its Partners or third party partners, as this helps us to ensure the sustainability and development of our business.
  However, where required by law, Asmodee will rely on your consent to proceed with the processing.
Shelf life
- Until unsubscribing through your account
- or, if no customer account is associated with your email address, 3 years after your last interaction (i.e. opening) with an email we sent you

Loyalty Program Management

Purpose
- Manage your loyalty program registration
Legal bases
- Performance of the contract
Shelf life
- Period of validity of the loyalty card

Improved customer knowledge

Purpose
- Ad targeting to serve you personalized ads on social media (using as a unique identifier the same email address you may have provided for the creation of your user accounts both on Asmodee and on social media platforms).
- Improve and develop our games and their performance
- Personalization of our promotional offers and newsletters
Legal bases
- Depending on the case, this may be either on the basis of Our legitimate interest or Your consent to receive personalized commercial communications. The absence or withdrawal of your consent means that you will receive non-targeted communications.
Shelf life
- 25 months after your last response to a solicitation by e-mail or until the closure of your customer account,

Improved customer experience

Purpose
- Conducting studies or surveys
- Foperate your game on multiple devices and/or platforms, in some cases, via our Asmo Connect SSO service
- Moderation and notifications of product reviews following the submission of a review
Legal bases
- Legitimate Interest
Shelf life
- Satisfaction survey: 1 year
- Reviews are kept 5 years after the date of publication
- Until your Asmo Connect account is deleted, if applicable

Communities and Communication on Our Social Media Pages

Purpose
- Promote our games
- Reply to your publications on our page or blog
- Better understand your needs and expectations
- To enable Us to monitor and sanction the attitude of users
- Detect multiple accounts
Legal bases
- Legitimate interest in order to better manage our relationship and communicate with us
Shelf life
- 3 years after last contac unless the deletion of your Data impacts other Players.

Detection, prevention and fight against fraud and cybercrime

Purpose
- Ensuring the security of our site
- Protect transactions from fraud
Legal bases
- Execution of the service (contract) Legitimate interest (fight against counterfeiting, fight against fraud, fight against cybercrime, …)
Shelf life
- Retention for the duration of the qualification of a fraud alert: 12 months from the date of the alert; Alerts that are not qualified at the end of the twelve (12) month period are deleted. Qualified alerts are kept for a maximum of five (5) years from the closure of the fraud file.

In anticipation and/or in connection with a commercial transaction such as a merger, acquisition, restructuring or sale within the Asmodee Group, Embracer or its various units, or to third party companies

Legal bases
- In such a case, we undertake to inform you about the name of the company in question, the purposes for which your data will be used, and if required by law, to obtain your prior consent.
Shelf life
- For the duration of the due diligence and until the signing of the deed

Respond to Your requests to exercise rights

Legal bases
- Legal obligation
Shelf life
- 1 year from receipt of the request.

Where processing is based on our legitimate interest, we ensure in this case that we take into account any potential impact that the use of your data may have on you. If we believe that your interest or fundamental rights and freedoms override our legitimate interest, then we will not use your personal data on this basis and we will ask you for specific consent.

We do not use personal information for purposes incompatible with those for which it was originally collected, unless it has subsequently been approved by you.

For data processing implemented through cookies and tracers, please consult the cookie policy HERE

With whom do we share your Personal Data ?

Asmodee Digital does not sell Personal Data. However, we may share or provide access to each of the categories of Personal Data we collect withdifferent categories of recipients.

Recipients internal to Asmodee

The authorized personnel of the marketing department, the departments responsible for handling customer relations and prospecting, administrative and legal services, logistics and IT departments as well as their line managers.

the other companies of the Asmodee Group and Embracer;

* Theauthorized personnel of subcontractors (data hosting/storage, mailing provider, software publishers, data analysis, application maintenance and support service, etc.).

social networks (lnstagram, Facebook, Twitter and TikTok) can also determine “why” and “how” your personal data is used. They have their own privacy policies and cookie policies. Therefore, remember that the personal data you give them will be subject to their rules and not ours.

To learn more about the use of your data by our payment service provider, we invite you to consult its privacy policy

External recipients

Police authorities in the context of judicial requisitions concerning the fight against fraud or administrative and judicial authorities authorized for the search and identification of the perpetrator of an offence in strict compliance with legal provisions.

Tournament organizers;

To the public: as soon as you communicate Your data on forums or blogs;

With console and platform partners (for example, to facilitate the gaming experience when you access Our Games or Services through a third-party console provider);

In connection with certain types of corporate transactions (such as in the case of a restructuring or sale of all or a significant portion of our business);

Please note that this list is not exhaustive and that there may be other cases where we share your data with third parties, where it is in Asmodee’s legitimate interest, permitted by applicable law or where it is necessary to comply with a legal obligation to which we are subject.

In this context, your personal data may be transferred outside the European Economic Area (EEA), to countries that do not offer a level of protection for your personal data equivalent to that enjoyed within the EEA, such as China, Canada, etc. In the absence of an adequacy decision from the European Commission, the transfer of your personal data will be governed by standard contractual clauses adopted by the European Commission. You can obtain a copy by contacting us, although some details may be omitted for privacy reasons.

Is personal data transferred outside the European Union?

We operate worldwide, and may transfer your personal data to other companies in the Asmodee group or partners around the world. We want you to have the best service and customer experience, whether online or in person, anywhere in the world. For this purpose, we may share your personal data outside the country in which you first shared it with us. When we do so, it will always be for the purposes described in this privacy policy.

Therefore, in addition to the implementation of this policy, Asmod e e implements appropriate measures to secure the transfer of your personal data to an Asmod e e or Embracer entity, or to an external recipient located in a country offering a different level of protection than that offered in the country in which the personal data is collected. When the recipient is located in a country whose legislation has not been the subject of an adequacy decision by the European Commission, we ensure that the transfer is governed by the standard contractual clauses of the European Commission which guarantee a sufficient level of protection of the privacy and fundamental rights of individuals, equivalent guarantees and/or where appropriate technical and organisational measures.

How do we protect your personal data?

The security of your personal data is very important to us. Personal data collected on our Site is processed according to secure protocols that considerably limit the risks of interception or recovery by third parties.

In particular, We use protection technologies, such as encryption, authentication, fraud detection systems to protect your online account, as well as your payment transactions.

We ensure, under written commitments, that its service providers and subcontractors present guarantees and implement sufficient security measures to ensure the protection of personal data whose processing is entrusted to them in accordance with the requirements of the legislation on the protection of personal data.

However, due to the open nature of the Internet, We cannot exclude acts of piracy or unauthorized access by third parties. By continuing to use Our Site, You accept these risks. To the extent permitted by applicable law, We accept no liability for any direct or indirect damages, losses, costs, including negligence, that You may suffer in the event of unauthorized access, loss or alteration of your personal data.

Security of your password: We take all necessary precautions to ensure the secure storage of your password associated with your Account (encrypted storage by a strong one-way algorithm}.

However, the security of this password also depends on its design. Also, we remind you that your password, to be valid, must be sufficiently complex and difficult to guess, even by someone who knows you well. When creating your AsmoConnect account via the Internet, we offer you a password quality analysis tool whose recommendations we ask you to follow.

What are your rights in relation to your personal data?

Depending on the data protection law applicable to you, you may have one or more of the following rights and exercise them personally or through a legal representative acting on your behalf. We are committed to protecting your rights and enabling you to exercise them.

You can at any time exercise your rights over your personal data, i.e.:

obtain information on the processing of your data;

request access to your personal data, providedthat this does not infringe the rights and freedoms of others;

request that certain dataconcerning you be corrected (e.g. if it needs to be updated or is incorrect) or deleted;

object to the processing of your personal data or request the restriction of such processing;

request the portability of yourpersonal data;

Finish instructions for the processing of your dataafteryour death

Right to lodge a complaint with the CNIL

We inform you of your right to lodge a complaint with a competent supervisory authority regarding the processing of your personal data.

In France, the supervisory authority for the protection of personal data is the CNIL (https://www.cnil.fr/).

Contact and complaints

We have appointed a data protection officer.

In order to assert your rights under the conditions referred to above and in the event that Asmodee has doubts about the author of the request, Asmodee may ask you to prove your identity by mentioning your surname, first name, e-mail address and to accompany your request with a copy of an official identity document, such as an identity card or passport. In this case, a black and white front copy of one of these documents is sufficient.

All requests will be processed in a timely manner and in accordance with the law.

The contact details of the Data Protection Officer are as follows:

Email address:

Or by mail addressed to

ASMODEE DIGITAL – HEAD OF PRIVACY

18 rue Jacqueline Auriol

78280 France

A response will be sent to you within a maximum of one (1) month following the date of receipt of the request.

If necessary, this period may be extended by two (2) months by Asmodee, which will inform you, taking into account the complexity and/or number of requests.

In the event of a request to delete your Personal Data and/or in the event of exercising your right to request the erasure of your Personal Data, Asmodee may, however, retain it in the form of an Intermediate archiving, for the duration necessary to meet its legal obligations or for evidentiary purposes during the applicable limitation period.

Update of the Policy

We may change this policy from time to time. If we do, we will notify you by changing the date at the top of this policy and, in some cases, we will make further notices (for example, by posting a statement on the home pages of our Site or by sending you an email). We encourage you to review the Privacy Policy as soon as you interact with us to stay informed about our personal data protection practices, and to stay informed about the methods you can use to control the use of your personal data and protect your privacy.