1.1 These Terms of Use (hereinafter the "TOU" or the "Agreement") set forth the terms of use under which you are provided access to services by DeValley Studio, registered under the business identifier 450 707 617 in Paris trade and corporate register (indifferently called the “Company”, “DeValley” or “We” (“Us”)).

1.2 These services include access to the various games published by DeValley (Ultimate Panic Flight, Stars vs Paparazzi, Rockstars vs Paparazzi, hereinafter the "Game" or collectively the "Games").

The Games are here referred to as the "Services".

1.3 As such, the TOU determine the framework of contractual relations between the Service user (hereinafter "you") and DeValley.
 

2.1 You acknowledge that you are an individual who has reached the age of majority in your country of habitual residence or, if you are a minor and the law of your country of habitual residence demands it, have obtained permission from your legal representative (parent or guardian) to access the Services. You also acknowledge that you are capable of entering into a valid agreement in accordance with the law, case law or the customs of your country of habitual residence.

2.2 Any use of the Services which is not in accordance with the TOU is prohibited  and may lead to the termination thereof, in accordance with the terms set forth in Article 10 hereinafter.

3.1 As the Service is offered on the Internet, you must have an internet connection to access it. All costs of telephone connections and Internet access are at your expense. DeValley shall bear no liability for damage you may suffer as a result of using an internet connection or as a result of malware being installed on your computer.

3.2 Certain Services are accessible via mobile devices. By "mobile device", it is meant any mobile device capable of connecting to the Internet to access the aforementioned Services (mobile phones, tactile tablets, personal digital assistants, etc.). You acknowledge that the quality of the Services, the response time or the access to certain functionalities may depend on the capabilities of your mobile device and of the electronic communication network. You acknowledge that the Services offered on mobile devices by DeValley may not be available on all mobile devices.

3.3 DeValley grants you a limited, non-exclusive and non-transferable license to access and use the Services and their contents. This license is subject to compliance with the rules set forth by the TOU.

3.4 To access the Services and/or all of the Services' functionalities, the Company may ask you to create a DeValley account (hereinafter the "Account"). You can create an Account from the inserts provided for this purpose on DeValley websites (hereinafter the "Websites"), found in the "Create an account", "Subscription", and "PLAY!" sections.

3.5 Certain Games are accessible without having to fill in the Account creation form.  In this case, a guest account shall be automatically created to allow you to save data linked to the Game you wish to access, such as your progress (hereinafter the "Guest Account").

Please note that for certain Games, the Guest Account will not allow you to access all of the functionalities of the aforementioned Games. To obtain comprehensive access, We will ask you to register an Account by filling in the Account creation form.

Insofar as they are compatible with the provisions provided for by the TOU, the rules concerning the Account are applicable to the Guest Account. By way of example, the sanctions provided for in Article 5 of the TOU are applicable to the Guest Account.
 

4.1 License

Subject to the provisions of the TOU, the Company grants you a non-exclusive, non-transferable, revocable, limited license allowing you to access and use the Games for your personal, non-commercial use. You acknowledge that the use of techniques to connect to the Games other than those provided by DeValley or one of its partners is prohibited.

The license granted to you is subject to certain limitations. Any use of the Games not conforming to the rules of Article 4.2 shall be considered as a breach of the Company's copyrights.

4.2.1 You may not reverse engineer, disassemble, decompile, edit or otherwise modify all or part of the Games, unless expressly permitted by DeValley or the legislation in force.

4.2.2 You may not modify the Games (with the exception of updates). You may not modify, or cause to be modified, any files that are a part of the Games in any way not expressly authorized by the Company, and you may not make any derivate works of the Games.

4.2.3 You agree not to use or create pirate servers, proxies, emulators or any other elements of this type to connect to the Games. You may only use the tools and methods offered and accepted by the Company to connect to the Games.

4.2.4 You agree not to create, use, advertise, or promote any program or tool capable of causing damage to the Games, or of altering the experience of the Games, including (but not limited to) bots, viruses, Trojan horses, piracy tools, cheats, automation software, mods, or any other unauthorized software intended to modify the Games.

4.2.5 You agree not to intercept or spy on the communication protocols used by the Company, nor to use an interceptor for the data or the protocol. As such, you may not emulate these protocols, collect data via packet-sniffing, or transfer these protocols or data to another protocol (tunneling).

4.2.6 You undertake not to use and exploit the Games for any commercial purpose.

4.2.7 You agree not to create, use, or disseminate any program not distributed by DeValley which could be used to modify the characteristics of your Account or that of a third party, or which could adversely affect the servers or infringe on the interests of the Company.

4.2.8 You may not use the Games in any manner that could render them inaccessible, damaged, or inoperable.

4.3 Rules of conduct/Prohibited activities

4.3.1 You may not use profanity or any language that a reasonable person would find offensive obscene or otherwise improper, as determined by and in their sole discretion. Similarly, you may not display or link to such content. The following are some specific examples of offensive language and content:

• you may not engage in verbal or written attacks against anyone, including other players, DeValley staff, or the Community Team;
• you may not use hate speech or use the Service to participate in or form organizations, whether or not officially organized, whose ideology is based on or resembles anti-religious, anti-ethnic, anti-sexual orientation, racist, or sexist philosophies. Further, in order to maintain a fun, positive environment, you may not create posts dedicated to real-world politics or religion.

You may not impersonate any person or entity or fraudulently hold yourself out as an employee, representative, or any other person or connected or affiliated with DeValley. This means you cannot log into someone else’s Account, or deceive or mislead other people as to your identify. For your own safety, we encourage users to safeguard their privacy, remain anonymous, and never give out personal information to other users.

You may not in any way disrupt or interfere, or attempt to disrupt or interfere, with the Service and Games experience of other players or staff, including the disruption of DeValley’s duties, computers, servers and related websites. The following are some specific examples of disruption:

• you may not engage in the following forms of abuse: belittling, harassing, intentionally misleading others, etc.;
• you may not use (or abuse) the Service to harass others by engaging in spamming, spimming or “flooding.” This includes excessive use of the same word, message, character, or other, in attempts to bring unwarranted visibility to your cause or for general annoyance of others. This may also take the form of gibberish or unrelated messaging.

You may not conduct or promote any illegal activities whatsoever in connection with the Service. This includes every illegal activity not specifically highlighted above, including without limitation copyright infringement, trademark infringement, gambling, substance abuse, defamation, harassment, fraud, and virus or trojan horse transmission.

4.3.2 You may not use any chat, forums or message services to violate any confidentiality obligations to which you may be bound, including any Nondisclosure Agreements. Also, you may not use these chats, forums or message services to disclose private communications between DeValley and you. We do not publically discuss moderation decisions or disciplinary actions taken against members and We ask that you do not either. Messages that discuss topics such as infractions, suspensions, account closures, or thread/post deletions or modifications are subject to removal and may result in further disciplinary action. In addition, do not re-post or take upon any action to publically bring up a previously locked, closed, deleted or otherwise moderated discussion.

4.3.3 You are prohibited from proceeding with any form of advertising or in-game commercial promotion via the communication methods provided to you as part of the Games. DeValley may nonetheless authorize, at its sole discretion, the dissemination of fan websites and other guild forums related to the universe of the DeValley games, provided they do not contain any content that may harm the legislation in force and the TOU.

4.3.4 In the Games, each discussion channel has its function. You agree to use the discussion channels in accordance with their purpose. The use of chat channels which is not in accordance may be sanctioned, especially when done in an abusive and deliberate way.

4.3.5 Your written, public communications may be recorded, analyzed, or erased by the Company so that it can ensure your communications comply with legislation and the TOU. You acknowledge that you, and not DeValley, are responsible for all intra-game communications and content sent from your computer and that you must only use the Games in accordance with legislation and the TOU.

4.3.6 You agree not to use loopholes, bugs or any other type of error to obtain advantages in-game (including, but not limited to, gaining experience, gaining items, gaining time, bypassing restrictions, duplicating items), nor to promote the use of these. Similarly, you undertake to immediately notify DeValley's Support when you notice a loophole or error in the Games.

4.3.7 You agree not to participate in, organize or be involved in an attack against DeValley's servers.

4.3.8 Generally, use of the Services must not violate national and international legislation and regulations.

4.4 Game elements

All elements that you may obtain in our Games, whether bought by you or obtained by you following your use of our Games, including, but not limited to, game characters, all virtual items linked to your game character(s) (hereinafter referred to as the "Game Elements") are associated with your Account. You acknowledge that the Game Elements are and remain the exclusive property of the Company. The issuing of Game Elements by the Company is strictly personal and limited to the experience in the Games. The Company exclusively gives you a right of use over the Game Elements; it does not involve a transfer of ownership, which you expressly acknowledge. Thus, this right of use shall be terminated no later than upon closure of your Account, for whatever reason.

You acknowledge that the Game Elements have no financial value in the real world. It is strictly prohibited to exchange them for real money. Generally, the loaning, sharing, exchange, donation, purchase, transfer, and sale of Game Elements (or attempts to do so) outside of the Websites, the Games and their rules, are strictly prohibited and may give rise to sanctions on your Account.

Due to the constant development of the Games, and in particular to ensure the most balanced experience possible between players, DeValley reserves the right to modify or delete Game Elements.

4.5 Updates/Patches

In order to improve the experience of the Games, DeValley reserves the right to issue updates or patches to the Games (hereinafter the "Updater"). For these updates and patches to be effective, and so you can continue to play the Games, you agree to install these Updaters. The Games and their updates constitute an indivisible whole, inseparable from their components, which remain subject to the TOU.
 

6.1 The Support email (support@devalley-studio.com) is the preferred means of access to the Company's customer support (hereinafter the "Support") for the Services.

6.2 DeValley Support will do everything to assist you as soon as possible.  Nonetheless, Support reserves the right not to answer a request, in particular in the event of non-compliance with the rules of this Article.

6.3 Any harassment, threat, insult or other unsuitable behavior with regard to the Support advisors will lead to a halt in the request being processed, and may give rise to sanctions in accordance with Article 5.10.

6.4 Support provides assistance for problems that have an impact on accessibility and/or the user-friendliness for the player, but does not have the task of responding to problems linked to progress in the Games.

6.5 In the event of identity theft and/or falsification of documents and/or attempts at one or the other of these infringements, Support reserves the right to sanction the Account(s) belonging to the fraudster.

6.6 In the event that you reasonably suspect any breach of security, including loss, theft, or unauthorized use of your login details or any other problem relating to the security of your Account, you shall immediately notify DeValley via its Support team. Subject to proving your identity, Support may then reset your password or your secret answer, and offer solutions to improve the security of your Account. The Company may also block access to the Account in question, for the time needed to perform an investigation. Following the investigation, Support will settle the dispute at its sole discretion.
 

7.1 You acknowledge that you are able to disclose your personal details to Us, in accordance with the laws of your country of habitual residence.

7.2 Any personal details collected are subject to computer processing, which allows us to contact you regarding your orders, or, more generally, to provide customer services, to verify your identity during correspondence with Support, or to give you access to an account.

In accordance with the Data Protection Act of January 6^th, 1978, you are entitled to access and modify your personal details. You can exercise this right through Support at support@devalley-studio.com, by stating your first name(s), last name, e-mail and home address, and by providing proof of your identity.

You also have the right to oppose the processing of your personal details, if you have a legitimate reason for doing so.

7.3 DeValley may use service providers who will collect your personal details in the name of and on behalf of DeValley, in order to perform the tasks required to process your order, deliver products, process your payments, and combat fraud. DeValley may also be required to securely disclose some of your data, in particular personal data, for the same purposes to these service providers.

DeValley may share your personal details with third party service providers situated outside the European Union, including in Canada, Brazil and the USA.

These details are sent to recipients outside the European Union to manage customer relations. DeValley has taken every necessary precaution to ensure that your personal details are sufficiently protected, under contractual clauses established by the European Commission.

7.4 Except in cases provided for in Article 7.3, DeValley undertakes to not disclose your personal details to any third party, and to make every effort to prevent the dissemination thereof, unless specifically authorized by you. DeValley reserves the right to prosecute anyone who attempts to access personal details that do not concern them.

7.5 DeValley is under no obligation to provide information linked to a specific Account, even if requested by a user, except to competent authorities as part of a criminal investigation.

7.6 DeValley may need to collect information about your browsing habits via the use of cookies. You must accept these cookies if you want to access certain features of our Websites (for more information about these cookies, please see our Privacy Policy: http://www.devalley-studio.com/privacy-policy/en/privacy-policy.htm).

7.7 DeValley reserves the right to collect certain information about your computer (IP, ISP, hardware and software configuration), mobile device (brand, model, operating system version), in particular when you install any game published by the Company and in case of changes made to your computer's hardware. We may use this information for statistical purposes (in particular, to improve game performance), to aid bug management, and to allow Us to assist you if you encounter a technical problem when using our Services.

7.8 DeValley also reserves the right to collect certain information based on your in-game activity (including the log and history of all data exchanges, connection log and history or all other data linked to actions performed in the Games). DeValley may use this information as it sees fit, in particular to improve the in-game experience and to ensure that the terms of this Agreement are respected.

7.9 All information contained on the servers may be used by DeValley to perform any type of verification for the purposes of prevention and sanctions.

For more information about personal data protection, please read the Privacy Policy: http://www.devalley-studio.com/privacy-policy/en/privacy-policy.htm.
 

8.1 Changes, disruptions or terminations of the Service

The Company provides the Service as the Service is published. The Company may then cease to publish the Service and permanently discontinue the Service. You will be notified in advance. The Company may also discontinue the Service in case of its closure.

DeValley may modify, suspend or restrict the Service at any time, for any reason, without liability to you. DeValley shall not be liable to you for cessation, interruption or delay in the Services due to any causes beyond their reasonable control including but not limited to: earthquake, flood, fire, storm or other natural disaster, epidemic, accident, explosion, casualty, act of God, act of terrorism, hacking, lockout, strike, labor controversy or threat thereof, riot, insurrection, civil disturbance or commotion, boycott, disruption of the public markets, war or armed conflict (whether or not officially declared), sabotage, act of a public enemy, embargo, delay of a common carrier, the inability to obtain sufficient material, supplies, labor, transportation, power or other essential commodity or service required in the conduct of its business, or any change in or the adoption of any law.

Further, the Service may be terminated or otherwise discontinued by DeValley without prior notice without any liability to you whatsoever. You acknowledge that the Service may experience interruptions, disruptions or other forms of downtime from time to time, for various reasons, and DeValley shall not be liable to you in any way as a result.

8.2 Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU ACKNOWLEDGE AND AGREE THAT:

• DEVALLEY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICE INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT;
• THE SERVICE IS PROVIDED “AS IS”, WITHOUT ANY FURTHER WARRANTIES OF ANY KIND;
• YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SERVICE. FOR MINOR USERS, THE RESPONSIBILITY RESTS WITH THEIR LEGAL REPRESENTATIVES;
• DEVALLEY DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

8.3 Limited Liability / Remedy

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DEVALLEY AND/OR ITS AFFILIATES AND LICENSORS HAVE NO LIABILITY TO YOU WHATSOEVER, AND IN NO EVENT WILL DEVALLEY AND/OR ANY OF ITS PARENT, SUBSIDIARY, OR AFFILIATED COMPANIES BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES), ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, YOUR USE OF THE SERVICE OR OTHER MATERIALS PROVIDED TO YOU BY DEVALLEY, REGARDLESS OF THE LEGAL THEORY. UNDER NO CIRCUMSTANCES WILL DEVALLEY BE LIABLE TO YOU FOR MORE THAN THE AMOUNT OF MONEY YOU HAVE SPENT THROUGH THE SERVICE, WHICH SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.

THE COMPANY SHALL NOT BE HELD RESPONSIBLE FOR LINKS FROM WEB PAGES OR OTHER SITES LEADING TO THE SERVICE, BUT NOT MANAGED BY THE COMPANY, OR ANY LINKS CONTAINED ON THE SERVICE LEADING TO WEB PAGES OR OTHER LOCATIONS MANAGED AND PUBLISHED BY OTHERS, WHERE THE THIRD PARTIES MANAGING AND EDITING THE CONTENT DO NOT COMPLY WITH FRENCH, EUROPEAN OR INTERNATIONAL REGULATIONS.

Some jurisdictions do not allow the exclusion or limitation of liability; limitations or exclusions may well not apply to you.
 

9.1 All of the elements, features, tools and documents that are part of the DeValley universe and provided by DeValley (including, but not limited to, the Games, Updater, Game Accounts and any titles, computer code, themes, items, characters, character names, stories, dialogs, catchphrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-Game chat transcripts, character profile information, recordings or replays of Games, and server software) are protected by French and international law on copyright and intellectual property. All of these elements, features, tools and documents are the property of DeValley. Unless you receive prior written authorization from DeValley, you undertake not to trade elements from DeValley's creations and not to promote this kind of activity, which harms DeValley's rights. DeValley will do everything to prevent such acts.

9.2 Any data relating to the Games, Services or Websites belongs to DeValley and is protected by French, European and international copyright law. You must therefore respect the prohibitions provided for in Articles 4.2, 4.3 and 4.4. You have no right, in whole or in part, to copy, reproduce, translate, extract, edit the source code, disassemble, decompile, modify, hire, sell, distribute or create derivative works based on the Games or content without the prior written consent of DeValley.

9.3 Any trademarks that appear on the Websites or in the Services are trademarks created by the Company or for which it holds the usage rights. You cannot use these trademarks without prior written permission from DeValley. You do not have permission to use meta-tags or any other "hidden text" using DeValley's names and trademarks without prior written permission thereto. Other trademarks appearing on the Websites or in the Games which do not belong to DeValley belong to their respective owners.

9.4 Any non-compliant use ends the authorization or the license granted by DeValley.
 

10.1 This Agreement shall enter into force on the day of your acceptance, and through to its conclusion, unless either you or DeValley terminate it before this time.

10.2 Termination at your initiative: you can request that your Account be closed at any time and for no reason, subject to proving your identity. You must therefore inform DeValley thereof via its Support (support@devalley-studio.com). Subject to compliance with the aforementioned termination procedure, the termination of your Account shall be effective within a reasonable period after receipt of your request by Support.

10.3 Termination at the initiative of DeValley:

Termination for misconduct: DeValley may close your Account with or without prior notice, if you do not comply with the law, and the rules set forth by the TOU and by all documents expressly incorporated herein by reference. DeValley also reserves the right to take all necessary measures to cover the damage it may have suffered.

Termination for inactivity: DeValley also reserves the right, of its own accord and at any time, to close inactive Accounts. An Account is considered inactive when it has not been logged into via one of our Websites or Games for a period of twenty-four (24) consecutive months. At least fifteen (15) days before proceeding to close your Account, We will warn you by sending you a message to the e-mail address associated with your Account.

10.4 Consequences of termination, whoever instigates it: In all cases, the closing of the Account will give rise to the termination ipso jure of the Agreement and, consequently, you may no longer access the Services.  In the aforementioned cases of termination, you may not claim any compensation for unused virtual items, as well as any non-expired periods on the date of termination and the rights of use over the Game Elements granted to you by Article 4.4 herein will expire.
 

12.1 Divisibility: If any provision or term of this Agreement is determined to be illegal, invalid, or unenforceable, that provision or term will be deleted without affecting the application of the other provisions.

12.2 Absence of waiver: No waiver by DeValley of any right or any provision of these TOU shall be deemed to be, nor shall it be construed as, a waiver of this right or provision. No DeValley Support representative nor any other member of DeValley's staff who interacts with you is legally empowered to bind DeValley to any amendment or waiver of the provisions of these TOU.

12.3 Entirety: These TOU, including all of the documents expressly incorporated by reference herein, constitute the entirety of the agreement established between you and the Company with respect to the Services and supersede any and all prior or contemporaneous electronic, oral or written communications between you and the Company with respect to the Services; provided, however, that the Agreement shall coexist with, and shall not replace, the Privacy Policy, the Terms of Use specific to a Game, and the Terms and Conditions of Sale.

12.4 Changes: DeValley reserves the right to modify, add to or delete any of the rules provided for by the TOU. You will be notified by all means of any substantial changes made to the Agreement when you try to access one of our Services. You acknowledge that, by using the Services after having been informed of the modifications, additions and/or deletions, you accept these modifications, additions and/or deletions.

12.5 Applicable law: The TOU are subject to French law.

12.6 Survival of the terms: In the event of termination of the TOU, Articles 3.1, 4.2, 4.3, 4.4.4, 7, 8, 9 and 12 shall remain applicable.

All applicable texts to which the TOU refer:

Privacy policy: http://www.devalley-studio.com/privacy-policy/en/privacy-policy.htm

BEFORE USING THE SERVICE, YOU MUST ACKNOWLEDGE HAVING READ AND ACCEPTED THESE TERMS OF USE AS WELL AS OUR PRIVACY POLICY.

Last updated: July 2017