Updated: April 14, 2018

The terms of this agreement (the “Terms of Use”) govern the relationship between you and LongRoadProduction, a French company (SASU RCS 835404963) whose head office is located at 6, rue Pierre Flourens 34500 Béziers France, -after, “LongRoadProduction” or “We”) regarding your use of the LongRoadProduction games, websites and related services (the “Service”). Use of the Service is also governed by the LongRoadProduction Privacy Policy and other applicable policies, which are incorporated herein by reference.

Before accessing and using the Service, including before browsing any LongRoadProduction website and those dedicated to such applications as dueltouch.com or accessing a game, you must agree to these Terms and Conditions. Use and Privacy Policy.

BY INSTALLING, USING OR ACCESSING THE SERVICE IN ANY OTHER WAY, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT INSTALL, USE OR ACCESS THE SERVICE IN ANY OTHER WAY. USE OF THE SERVICE IS VOID WHEN PROHIBITED.

LongRoadProduction reserves the right, at its discretion, to modify, add or remove portions of these Terms of Use, its Privacy Policy and other relevant LongRoadProduction policies at any time by posting the amended terms on the Site. Service of LongRoadProduction. You will be deemed to have accepted such changes if you continue to use the Service. If, at any time, you do not agree to any part of the then-current version of our Terms of Use, the LongRoadProduction Privacy Policy or other policies, rules or codes of conduct of LongRoadProduction. relating to your use of the Service, your license to use the Service will be revoked immediately and you must immediately stop using the Service.

1. License

1.1 Granting of a limited license to use the Service

Subject to your agreement and uninterrupted compliance with these Terms of Use and any other applicable LongRoadProduction policies, LongRoadProduction grants you a non-exclusive, non-transferable, non-sublicensable, revocable license. and limited, subject to the limitations set forth below regarding access to the Service and its use by you for non-commercial entertainment purposes. You agree not to use the Service for any other purpose. The following restrictions apply to the use of the Service:

• you will have to refrain from accessing the Service if you are under 13 years old; you will have to restrict the use by minors and forbid access to children under 13 years. You accept full responsibility for any unauthorized use of the Service by minors. You are responsible for any use of your credit card or other payment instrument by minors.

Limitations on the license

Any use of the Service in violation of these License Limitations is strictly prohibited, may result in the immediate revocation of your limited license and may result in your liability for violation of the law. You agree to abstain, in all circumstances:

• indulge in any actions considered by LongRoadProduction to be contrary to the intent or intent of the Service or to improperly use LongRoadProduction’s support services;

• to use or take part (directly or indirectly) in the use of cheat codes, exploits (exploitation of game defects), automation software, search robots, hacking software, mods or any unauthorized third-party software designed to modify or interfere with the Service, any LongRoadProduction Game or any LongRoadProduction gaming experience;

• Modify or modify any file that is part of the Service or a game of LongRoadProduction without the express written consent of LongRoadProduction.

• disrupt, interfere with, or otherwise affect the normal course of the Service or otherwise act in a manner that could adversely affect the experience of other users using the Service or playing LongRoadProduction games. This includes the trading of winnings and other sorts of manipulations of rankings, taking advantage of errors in the Service to gain an unfair advantage over other players and any other act that abuses or defeats the purpose of the game. service;

• disrupt, overburden any computer or server (a “Server”) used to provide or support the Service or any LongRoadProduction game environment or to assist or participate in such disruption or overloading;

• initiating or assisting any type of attack against the Service, including the spread of a virus and denial of service attacks, or other attempts to disrupt the Service or the use or the enjoyment of the Service by any other person, or to participate in it;

• attempt to gain unauthorized access to other people’s Service, Accounts (GameCenter) or computers, servers or networks connected to the Service by any means other than the user interface provided by LongRoadProduction and, in particular, bypassing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device or software that forms part of the Service.

• attempt to harass, abuse or harass, harass, abuse or otherwise harm another person, any other group, including LongRoadProduction employees and representatives of the LongRoadProduction Helpdesk, or to induce others to harass, abuse or injure;

• make available through the Service any material or information that infringes copyrights, trademarks, patents, trade secrets, the right to privacy, the right of publicity or any other right of any person or entity or who impersonates another person and, in particular, an employee of LongRoadProduction;

• reverse engineer, decompile, disassemble or decipher any underlying software or other intellectual property used to provide the Service or a game of LongRoadProduction, or otherwise attempt to extract the source code, or otherwise derive any information from the Service or a LongRoadProduction game using any method not expressly authorized by LongRoadProduction;

• solicit or attempt to solicit login information or other login credentials or personal information from other users of the Service or from any LongRoadProduction game;

• to collect or publish the private information of any person, including nominative information (in the form of text, images or videos), identity documents or financial information through the Service.

LongRoadProduction reserves the right to decide which behaviors constitute, in its opinion, violations of the rules of use or otherwise contrary to the intent or spirit of these Terms of Use or the Service itself. LongRoadProduction reserves the right to take any measures that may prohibit you from using the Service in whole or in part.

1.2. Suspension of Service

WITHOUT LIMITING ANY OTHER REMEDIES, LONG-TERM PRODUCTION MAY LIMIT, SUSPEND, CLOSE, MODIFY, OR DELETE ACCOUNTS OR ACCESS THE SERVICE OR PORTIONS OF LONG-TERM PRODUCTION IF YOU DO NOT COMPLY WITH THEM, OR IF LONG-BOX PRODUCTION FAILS YOU TO NOT COMPLY WITH ANY OF THESE TERMS OF USE OR IN CASE OF ILLEGAL OR IRREGULAR USE OF THE SERVICE, ADVANCED OR SUSPECTED, WITH OR WITHOUT PRIOR NOTICE TO YOUR PROFIT. YOU MAY LOSE YOUR USER NAME AND PERSONA IN THE SERVICE OF CLOSURE OR LIMITATION OF YOUR ACCOUNT, AND THE BENEFITS, PRIVILEGES, PURCHASES, AND PURCHASES RELATED TO YOUR USE OF THE SERVICE, AND LONG-RUN PRODUCTION YOU SHALL HAVE NO LIABILITY TO INDEMNIFY YOU FOR SUCH LOSSES OR SUCH RESULTS. WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR CLOSE THE SERVICE, PROHIBIT ACCESS TO OUR GAMES AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR WITHDRAW HEMENTED CONTENT AND TAKE TECHNICAL AND LEGAL MEASUREMENTS FOR PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY CREATE A RISK OR POSSIBLE LEGAL RESPONSIBILITY, VIOLATING THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS, OR ACTING IN A WAY CONTRARY TO THE LETTER OR SPIRIT OF OUR CONDITIONS OR POLICIES.

LongRoadProduction reserves the right to stop offering and / or supporting the Service or a particular game or part of the Service at any time, in which case your license to use the Service or part of it will be automatically revoked. In this case, LongRoadProduction will not be required to provide refunds, benefits, or other allowances to users under the discontinued Service.

2. Ownership

2.1 Games and Service

All rights in the Service (including, without limitation, games, titles, computer codes, themes, objects, characters, character names, stories, dialogues, hooks, concepts, illustrations, animations, sounds, musical compositions, audio effects -visuals, methods of operation, moral rights, documentations, in-game chat transcripts, character profile information, game recordings made using a LongRoadProduction game client, and gaming client and game software LongRoadProduction server) are the property of LongRoadProduction. LongRoadProduction reserves all rights and, in particular, all the intellectual property rights and other property rights attached to its games and the Service.

2.2 Accounts

NOTWITHSTANDING ANY CONTRARY ARRANGEMENTS HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU WILL NOT MAKE ANY PROPERTY OR OTHER PROPERTY RIGHTS ABOUT THE GAME AND YOU ALSO RECOGNIZE AND AGREE THAT ALL RIGHTS ATTACHED TO THE GAME ARE AND WILL REMAIN THE PROPERTY OF LONG-RUN PRODUCTION AND WILL APPLY TO HER PROFIT.

2.3 Virtual articles

LongRoadProduction owns, licensed or otherwise has the right to use all of the content that appears in the Service or in the games of LongRoadProduction. Notwithstanding anything to the contrary hereof, you agree that you have no rights in the Content that appears in the Service and, in particular, in the virtual merchandise or currency appearing in or from any LongRoadProduction game, whether earned in part of a game or purchased from LongRoadProduction, or any other attribute linked to an Account or stored on the Service.

3. User Content

3.1. Submission of User Content

3.2 Content control

LongRoadProduction assumes no responsibility for the behavior of any user submitting User Content and assumes no responsibility for controlling the Service for inappropriate content or behavior. We do not proceed and can not perform a review or prior review of all User Content. You use the Service at your own risk. By using the Service, you may be exposed to User Content that is offensive, indecent, or otherwise inconsistent with your expectations. You assume all risks associated with the use of any User Content available within the Service. At our discretion, our representatives or technology may control and / or record your use of the Service or your communications (including, but not limited to, chats) while using the Service.

By accepting these Terms of Use, you hereby irrevocably consent to such control and registration. You acknowledge and agree that you have no expectation of privacy with respect to the transmission of any User Content and, in particular, chats or voice communications.

LongRoadProduction reserves the right to review, control, prohibit, edit, delete any User Content (including, without limitation, your User Content), disable access to it or otherwise render it unavailable at any time without notice. , with or without reason.

If, at any time, LongRoadProduction chooses, in its sole and absolute discretion, to control the Service, LongRoadProduction assumes no responsibility for the User Content and no obligation to modify or delete any inappropriate User Content. We have the right, not the obligation, in our sole and absolute discretion, to modify, refuse to publish or delete any User Content.

3.3. Use of information by other members of the Service

3.3.1. Public Discussions

The Service may include various forums, blogs, and chat functions through which you may post User Content, including your comments and comments on particular topics. LongRoadProduction can not guarantee that other members will not use the ideas and information you share. Therefore, if you have an idea or information that you want to keep confidential and / or do not want to be used by others, do not post it on the Service. LongRoadProduction will have no obligation to evaluate or use any idea or information you choose to submit or indemnify you under it.

3.3.2. Responsibility for your own content

You are solely responsible for the information you post on the Service, through or as part of the Service and that you provide to others. LongRoadProduction may reject, refuse to publish or delete any User Content for any reason or for no reason and, in particular, User Content which, in LongRoadProduction’s sole discretion, violates these Terms of Use.

3.4. Your license for LongRoadProduction

You hereby grant LongRoadProduction an irrevocable, perpetual, transferable, fully paid, free and worldwide license (including the right to sublicense and assign to a third party) and, in respect of your User Content, as well as to the set of works modified or derived from it as part of the provision of the Service, including the marketing and promotions of the Service, the right to copy, reproduce, correct, adapt, modify, create derivative works thereof, manufacture, market, publish, distribute, sell, license, transfer, rent, transmit, publicly present, publicly represent, or provide electronic access to, disseminate, communicate to the public by telecommunication, display, represent, store in a computer memory and use and put into practice, in any manner whatsoever. You hereby grant LongRoadProduction the right to authorize third parties to exercise the rights granted to LongRoadProduction under these Terms of Use. You further hereby grant LongRoadProduction the unconditional and irrevocable right to use and exploit your name, image and other information or materials included in any User Content and as part of any User Content, without having to you pay. Subject to the legal provisions, you waive any right of attribution and / or moral right that you may have on your User Content, whether or not your User Content is modified in any way. LongRoadProduction does not claim any ownership rights in your User Content and none of the provisions of these Terms of Use is intended to limit your potential rights to use and exploit your User Content. LongRoadProduction is under no obligation to control or enforce your intellectual property rights to your User Content.

3.5. Relationships between users

You are solely responsible for your relations with other users of the Service and any other party with whom you enter into contact via the Service and / or the games of LongRoadProduction. LongRoadProduction reserves the right, without being required, to intervene in any way in case of dispute. You must cooperate fully with LongRoadProduction as part of the investigation of any illegal, fraudulent or untimely activity and, in particular, will need to provide access to any part of your Account that will be protected by a password. If a dispute opposes you to one or more users, you release us from all liability (as well as our officers, directors, agents, subsidiaries, joint ventures and employees) for claims, claims and damages (real and indirect) of any type and of any kind, known and unknown, arising out of or in any way connected with such litigation.

4. Fees and conditions of purchase

4.1. Shopping

As part of the Service, you may purchase, with “real” money, a limited, personal, non-transferable, non-sublicensable and revocable license that allows you to use (a) a or more “Colors”, all of which are intended for use in the LongRoadProduction DuelTouch game. You may only purchase Virtual Items from us or from our authorized partners through the Service, without exception.

LongRoadProduction may manage, regulate, control, modify or eliminate Virtual Items and / or Goods at any time, with or without notice. LongRoadProduction will not be liable to you or a third party for the exercise of these rights.

Transfer of Virtual Items and Goods is prohibited except where expressly permitted in the Service. Subject to what is expressly permitted in the Service, you will not sell, buy, convert or otherwise transfer any Virtual Items or Goods to any person or entity, or attempt any of the above actions. and, in particular, for the benefit of LongRoadProduction, another user or a third party.

ALL PURCHASES AND CONVERSIONS OF VIRTUAL THIRD-PARTY ELEMENTS PERFORMED THROUGH THE SERVICE ARE DEFINITIVE AND NON-REFUNDABLE.

The supply of Virtual Items for use in LongRoadProduction’s games is a service provided by LongRoadProduction that begins upon LongRoadProduction’s acceptance of your purchase.

4.2. Payment of fees

You agree to pay all applicable fees and taxes that are due by you or anyone using a Registered Account on your behalf. LongRoadProduction may change the price of goods and services offered through the Service at any time. YOU ACKNOWLEDGE THAT LongRoadProduction IS NOT REQUIRED TO REIMBURSEMENT TO YOU FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE ANY AMOUNT OR OTHER INDEMNITY UNDER VIRTUAL ARTICLES NOT USED WHEN CLOSING AN ACCOUNT, THAN ONE SUCH CLOSURE IS VOLUNTARY OR INVOLUNTARY.

5. Service Updates

You understand that the Service is an evolving service. LongRoadProduction may require that you accept updates to the LongRoadProduction Service and Games that you have installed on your device or computer. You acknowledge and agree that LongRoadProduction may update the Service and the games of LongRoadProduction, by notifying you or without notifying you. You may need to update third-party software to receive the Service and play the LongRoadProduction Games.

6. Exclusion of guarantees

WITHOUT LIMITING THE LIABILITY OF ARTICLE 7 BELOW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AND IN PARTICULAR, WITHOUT WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND WITHOUT WARRANTIES RESULTING FROM BUSINESS RELATIONS OR COMMERCIAL PURPOSES. LongRoadProduction DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS AND USE THE SERVICE AT THE TIME AND LOCATION OF YOUR CHOICE; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE GAME OR SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Some jurisdictions do not allow the exclusion of certain warranties. As a result, some of the above exclusions do not apply to you.

7. Limitation of liability; exclusive remedy; compensation

LongRoadProduction SHALL NOT BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF OPERATION OR OTHERWISE. NON-MATERIAL LOSS (WHATEVER THE QUALIFICATION GIVEN TO THESE LOSSES), IN ANY WAY IN CONNECTION WITH THESE TERMS OF USE OR WITH THE SERVICE ITSELF, AND WILL NOT BE LIABLE TO PAY YOU SPECIAL DAMAGES AND INTERESTS OR PUNITIVE, WHETHER ON CONTRACTUAL, DELIBERATE OR OTHERWISE, AND THAT LongRoadProduction WAS INFORMED OR NOT OF THE POSSIBILITY OF SUCH DAMAGE. LongRoadProduction’s LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNT YOU PAID TO LONG-RUN PRODUCTION IN ACCORDANCE WITH THESE TERMS OF USE DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU CLAIM FOR THE FIRST TIME. YOU ACKNOWLEDGE AND AGREE THAT WHEN YOU HAVE NOT PAID TO LongRoadProduction DURING SUCH PERIOD, YOUR SOLE REMEDY (AND THE EXCLUSIVE LIABILITY OF LONG-RUN PRODUCTION) FOR ANY DISPUTE WITH LONG-DISTRIBUTED PRODUCTION WILL BE TO DISCONTINUE USING THE SERVICE.

IN PARTICULAR, NONE OF THE TERMS AND CONDITIONS OF THESE TERMS OF USE MAY NOT ENFORCE THE LEGAL RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM ANY NEGLIGENCE OR FRAUD OF LONGRoadProduction.

You agree to warrant, defend and release LongRoadProduction (and our officers, directors, agents, subsidiaries, joint ventures and employees) from all liability for claims, claims, damages or other losses, including attorney’s fees. a reasonable amount, of which one third will prevail and which will result from your use of the Service or from any violation by you of these Terms of Use. However, the foregoing will not apply in the case of rights violation not attributable to your intentional or careless behavior.

8. Dispute resolution and applicable law

If a dispute arises between you and LongRoadProduction, we strongly encourage you to first contact us directly to find a solution by visiting our customer support site http://dueltouch.com/help-and-support/ . If you are a resident of the United States, these Terms of Use and any disputes related to them, the Privacy Policy or the Service will be governed in all respects by California law, without regard to its provisions in the United States. conflict of laws. You agree that any claim or dispute between you and LongRoadProduction shall be settled exclusively by a court located in San Francisco, California. If you reside outside the United States, you agree that all disputes between you and LongRoadProduction will be governed by French law, without regard to its conflict of laws provisions. You agree that any claim or dispute between you and LongRoadProduction shall be settled exclusively by a court located in Béziers, France.

9. Severability

You agree with LongRoadProduction that if any part of these Terms of Use or the Privacy Policy of LongRoadProduction is found to be illegal or unenforceable, in whole or in part, by a court of competent jurisdiction, such provision will be, in the country concerned, solely unenforceable to the extent of such a decision of nullity or unenforceability, without affecting its validity or enforceability in any other way or in any other country whatsoever, and without affecting the remaining provisions of these conditions which shall remain in full effect.

10. General provisions

10.1. disposal

LongRoadProduction may assign or delegate these Terms of Use and / or the LongRoadProduction Privacy Policy, in whole or in part, to any person or entity at any time, with or without your consent. You may not assign or delegate your rights or obligations under these Terms of Use or the Privacy Policy without the prior written consent of LongRoadProduction, and any assignment or delegation made by you without authorization will be void.

10.2. Additional policies

LongRoadProduction may publish additional policies related to certain services, such as forums, contests or loyalty programs. Your right to use such services is subject to these special policies and these Terms of Use.

10.3. Full contract

These Terms of Use, additional policies and materials expressly incorporated herein by reference (including the LongRoadProduction Privacy Policy), contain the entire agreement between you and LongRoadProduction and supersede all prior agreements. parties to this Agreement regarding the subject matter hereof, whether electronic, oral or written, or resulting from a use, practice, policy or precedent, between you and us under the Service.

10.4. No waiver

LongRoadProduction’s failure to require strict compliance by you with any provision of these Terms of Use or the LongRoadProduction Privacy Policy or to waive any of their rights under this Agreement. will not waive LongRoadProduction’s right to avail itself of any such provision or right on that or any other occasion.

The express waiver by LongRoadProduction of any provision, condition or requirement of these LongRoadProduction Terms of Use or Privacy Policy will not waive any future obligation to comply with any such provision, condition or requirement.

Subject to the express provisions of these Terms of Use, the statements, assertions, consents, waivers or other actions or omissions of LongRoadProduction will not result in any modification of these Terms of Use and will not be legally enforceable unless they are documented in a written material, and hand-signed by Yourself and a duly authorized LongRoadProduction officer for that purpose.

10.5. Notifications

We may send you notices through publications on www.LongRoadProduction.com or www.dueltouch.com and by email or other means of communication, to the contact information you provide to us. All notices that you provide or are required to provide pursuant to these Terms of Use or the LongRoadProduction Privacy Policy must be in writing and addressed to: LongRoadProduction Legal, 6, rue Pierre Flourens 34500 Beziers France. Any notice you provide without complying with this notification section will have no legal effect.

10.6. Force majeure

LongRoadProduction will not be liable for any delay or default resulting from causes beyond its control and, in particular, any breach of these Terms due to unforeseeable circumstances or a cause beyond the control of LongRoadProduction, such as natural disasters, war, acts of terrorism, riots, embargoes, measures of civil or military authorities, fire, floods, accidents, strikes or shortages of means of transport, fuel, energy, labor or materials.