1. Introduction and Acceptance of the Terms of Service
Thank you for visiting and using the Nebulae (www.nebulae.world) website!
This website (hereinafter “the Website”) is owned and operated by Northern Lights Entertainment SAS (hereinafter “NLE”), a company incorporated in France under the number 843 409 707 and having its operating offices in Station F at 5, parvis Alan Turing, 75013 Paris, France.
“The User” (also: “You”) refers to any person who visits or uses this Website. NLE offers all Users a platform on which they can familiarize themselves with and contribute to the development of Nebulae.
“Nebulae” refers to our massively multiplayer online strategy game, taking place in a fictional universe of our original creation, which is subsequently to be played in and experienced by all Users simultaneously.
The following terms of service (hereinafter, collectively: “Terms”) apply to the use of NLE Websites, websites operated by its affiliates or subsidiaries, any content, functionalities, products, games or other services (hereinafter, collectively: “Services”) offered on or through such websites both by visitors and registered users.
Please read these Terms carefully before you begin to use these Services. By using the Services, you accept and agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Services. In particular, you agree to the following:
- NLE Terms of Service (governing the use of the Website).
To enter into the contract created by these Terms, You must be an adult of the legal age of majority in Your respective country of residence. You are legally and financially responsible for all actions undertaken when using or accessing our Services, including the actions of anyone You allow to access Your account. You affirm that You have reached the legal age of majority and that you understand and agree to these Terms. If you are under the legal age of majority, Your parent or legal guardian must consent to these Terms.
In addition to these terms, software or other Services that are included in or otherwise provided to You through NLE Services may be subject to separate agreements, such as End User License Agreements. Should these Terms be inconsistent with any such agreements, the agreements shall take precedence over these Terms.
2. General Terms of Service
These Terms set out all of NLE obligations and responsibilities regarding the Website and NLE Services and supersede any prior agreements that may exist between You and NLE.
NLE may at any time amend any part of these Terms by editing, adding or removing content. NLE will notify You of the proposed amendments by publishing an amended version of these Terms including the date of update. NLE will include a link to the previous version of the Terms under the date of update. The changes will be effective 30 days after the date on which the amended version is published. Prior to that, the previous version of the Terms will continue to apply.
If You do not agree with the proposed amendments, You may terminate these terms by ceasing to visit the Website and to use the Website Services at any time within 30 days. If the amendments increase Your obligations under these Terms, or reduce NLE obligations under these Terms, You may terminate these terms during the 30-day notice period and also within 30 days of the amendments coming into force.
There is no cost or penalty associated with terminating these Terms as a result of an amendment. If You do not stop visiting the Website and using the Website Services during the cancellation period mentioned hereinabove, then by Your continued use of the Website or NLE Services, You will be deemed to have accepted the proposed amendments.
3. Access to Website and Services
To access certain parts of the Website or NLE Services, You will be asked to register and provide registration details or other information for authentication purposes. In order to use NLE Website or Services, all the information You provide must be accurate, complete and up to date.
When You choose, or are provided with, a user name, password, or any other piece of information as part of NLE authentication processes, You must treat such information as confidential (other than user name), and this information must not be disclosed to others. You must immediately notify NLE (firstname.lastname@example.org) of any unauthorised use of Your information or any other security breach.
The gifting or otherwise transferring of User accounts is prohibited under these Terms. NLE advises You to be extremely cautious when accessing Your account from a public or a shared device, to avoid compromising your password or other confidential information. You may only access NLE Services through your own account.
NLE may amend or delete any content provided on the Website or through our Services and restrict access to any part of the Website or Services at any time, at NLE’s sole discretion and without notice. Access restriction can include cancellation, termination, or modification, or suspension of a user account) to all or certain users (including you) without notice and without liability to you in our reasonable discretion. Additionally the Website, the Services or some of their features or content may be unavailable to you due to your geographic location.
NLE reserves the right, at its sole discretion, to take necessary technological, maintenance or security measures that may affect the accessibility of the Website or the Services, including shutting down the Website.
NLE reserves the right to change Your username or display name if it is deemed offensive, misleading, infringing on the rights of third parties or if you have been inactive for longer than 12 months.
Notwithstanding anything to the contrary herein, NLE may terminate or suspend Your access to the Website and Services based on Your breach of these Terms.
4. Orders, Payment and Billing
All charges incurred in connection with NLE Services are payable in advance and are not refundable, in whole or in part, regardless of the method of payment used, except in the way stipulated by these Terms or required by applicable laws and regulations.
Through its Website or Services, NLE sells merchandise and licenses to virtual goods, usable in NLE games. NLE reserves the right to change its prices and fees at any time. NLE may notify You of the relevant change in our prices or fees through our Website or Services.
NLE merchandise and licenses to virtual goods can be purchased by using methods made available to You by NLE and are subject to You accepting the terms and conditions applicable to the selected payment method prior to completing a transaction. The payment services may vary depending on Your country or region of residence. NLE reserves the right to change its payment providers at any time.
Any purchase done through Your NLE account requires your payment information to be accurate, complete and up to date. By providing payment information (including credit card information) to NLE and its payment service providers, You represent that You are the authorized user of the payment instrument used to complete the transaction.
NLE does not receive any confidential payment information from its payment service providers and NLE is not responsible for their performance.
Depending on the payment method chosen, You may incur additional processing fees. Any separate charges or obligations that You incur in Your dealings with the third party payment providers are Your responsibility.
You acknowledge and accept the use of electronic invoicing. Electronic invoices will be delivered to You through the email address you have used to create an NLE account. You acknowledge that such electronic invoicing cannot be considered an unsolicited commercial email and that these invoices require no subscription to any mailing list to be received by You.
5. Virtual Goods
“Virtual goods” refers to in-game elements such as virtual currencies, alternative visual designs (“skins”) for ships, modules, characters, planets, districts, space stations or other elements, as well as any coupons redeemable within NLE Services in the future.
All virtual goods remain the property of NLE at all times, and as a User, You purchase a limited license right to access and use such virtual goods within NLE Services, and that Your use of virtual goods is governed by these Terms.
You acknowledge and accept that virtual goods are not redeemable for any monetary value from NLE at any time, although NLE may allow You to transfer the license to use NLE virtual goods to other Users through gifting. Such gifts are restricted in accordance with applicable local financial regulations, as may be appropriate to combat money-laundering or other illicit activities.
You agree that You do not have a claim to own any virtual goods in any NLE Services. You agree that You do not have a claim for the value or the change in value of any virtual goods in case NLE, with reasonable cause, deletes or disables such virtual goods, suspends or terminates Your account, or modifies its Website or Services in accordance with these Terms.
NLE may restrict the refunds of virtual goods purchases at its sole discretion. Typically, the purchase of a virtual currency is never refundable, while the number of refunds on virtual goods is restricted, and no virtual goods can be refunded after a 14-day period since the purchase transaction has elapsed.
“Merchandise” refers to physical goods such as t-shirts, phone cases, posters and event tickets that You may purchase from NLE through our Website or other NLE Services.
Any Merchandise prices referred to on our Website are subject to change, do not constitute an offer and may be withdrawn or revised by NLE at any time prior to NLE’s express acceptance of Your order.
When you place an order for Merchandise on NLE Website, NLE will send You an order confirmation email. The acceptance of Your order does not take place until You are charged for the purchase price of such Merchandise, at which point NLE will agree to enter into a contract with You for the sale of such Merchandise. Once You have received your order confirmation email You will not be able to make any changes to Your order, so please make sure that everything is correct before clicking the “Place Order & Pay” button.
We will ship the Merchandise to the delivery address stated in Your order without undue delay, and within 60 days from Your order. You accept that You are solely responsible for any and all applicable import duties, customs fees and taxes that are payable on the Merchandise You have ordered.
If You wish to cancel Your order, You may do so up to 14 days from the date on which You have received the Merchandise You have ordered by contacting NLE at email@example.com. If You cancel Your order during the applicable 14 days after receiving Your order, NLE will, without undue delay, and in any event within 14 days from the date on which NLE receives notice of Your decision to cancel your order, fully refund to You the purchase price of the Merchandise You have ordered and, if applicable, any delivery costs paid by You for your Merchandise.
In the event of Merchandise order cancellation, You shall be responsible for the costs of returning Merchandise to NLE. You may also be liable for any diminished value of the Merchandise which has resulted from Your handling of the Merchandise (other than that which has arisen as a result of any handling of the Merchandise that was necessary to establish the nature, characteristics and functionality of the Merchandise).
Any refunds may only be made to the same payment method (e,g, credit card or PayPal account) from which the payment was received. In no event can any such refund exceed the amount of payments received from You by NLE.
7. Intellectual Property
The Website and NLE Services, including all content, features, and functionality thereof, are owned by NLE, its licensors, or other providers of such material and are protected by the French and international copyright, trademark, patent, and other intellectual property or proprietary rights laws.
You must not reproduce, sell, or exploit for any commercial purposes any part of NLE Services, access to or the use of NLE Services or any services or materials made available through NLE Website or Services. Except in situations expressly limited by law, neither the Website nor NLE Services may be modified, decompiled, disassembled, altered or reverse engineered in any way.
You are permitted to use the Services for legitimate business purposes related to Your role as a current or prospective customer of NLE.
If You are otherwise in compliance with these Terms, You are permitted to use, elsewhere and on other platforms or websites, an unaltered copy of portions of the content that is publicly available on the Website or through NLE Services for the limited, non-commercial purpose of discussing such content.
The hereinabove mentioned permissions are limited to the Services, and no rights are granted with respect to any servers, computers, or databases associated with NLE Services.
8. User-Generated Content and Contributions
NLE Services contain various forums, networks, and other interactive features that allow you to post, submit, publish, display, or transmit to NLE and other Users (“Post”) content or materials (“User Contributions”) on or through the Services. The use of the Website and other NLE Services may result in the creation of other User-generated content, for example, avatars, images created from game screenshots, memes, unique nicknames, handles, forum posts, chat messages, exchanges with customer service, communications, images, sounds, videos, suggestions, ideas, notes, comments, game knowledge or concepts and any other content generated by Users using NLE Services.
User Contributions must not be illegal, fraudulent, deceptive, obscene, threatening, defamatory, invasive of privacy, infringing on intellectual property rights, or otherwise injurious to third parties or objectionable, and must not consist of or contain hate speech, self-harm, dangerous organisations, sexual exploitation, criminal activity, software viruses, commercial solicitation, chain letters, mass mailings, or any form of spam.
You agree to defend, indemnify, and hold harmless NLE, its affiliates, and licensors, and their respective officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) resulting from your User Contributions or violation of these Terms.
If You wish to provide NLE with comments regarding Your experience when using NLE Services or share Your experience with the public, You agree that by submitting Your comments or suggestions through our Services, You agree to grant NLE a non-exclusive, royalty-free, worldwide, transferable licence to any right, title or interest You may hold for Your comments and suggestions for their entire term of protection. You also waive any moral rights that may apply. For all jurisdictions that do not allow the waiver of moral rights, You consent to the use of Your suggestions or comments in NLE Services, or in the advertising and promotion of NLE Services, and agree that such use (or any other related or ancillary use) does not constitute a violation of Your moral rights.
Under French Law and within the meaning of Article 6 of the “Loi pour la Confiance dans l’Économie numérique” dated 21st June 2004, NLE is a host of user-generated content. If NLE determines that a User Contribution violates the provisions of these Terms, NLE reserves the right to edit or remove such a User Contribution, to take steps to suspend or terminate a User account or otherwise restrict a User from using the Website or NLE Services and/or associated User account. NLE may exercise this right at any time, without notice or liability to You or any third party.
9. Limitation of Liability
Nothing in these Terms will prejudice the statutory rights that You may have as a consumer of NLE Services. Some countries, states, provinces or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated in this section, so the below Terms may not fully apply to You. Instead, in such jurisdictions, the exclusions and limitations below shall apply only to the extent permitted by the applicable local laws.
The Services and all information, content, materials, products (including software), and other services included on or otherwise made available to you through NLE Services are provided by NLE on an “as is” and “as available” basis. NLE makes no representations or warranties of any kind, as to the operation of the Services, or the information, content, materials, products (including software), or other services included on or otherwise made available to You through the Services.
You expressly agree that your use of the Services is at Your sole risk. To the fullest extent permissible by law, NLE disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
To the fullest extent permitted by law, You agree not to hold NLE responsible for any direct or indirect losses, claims or damage, or any punitive, special, incidental or consequential damage of any kind.
To the full extent permissible by law, NLE will not be liable for any loss of profits or any indirect, incidental, punitive, special or consequential damages arising out of or in connection with this these Terms, such as loss of savings, loss or corruption of data, loss of profit (direct or indirect), delay or failure in the use of the Website or NLE Services, regardless of the duration of such delay or failure. Further, to the full extent permissible by law, NLE’s aggregate liability arising out of or in connection with these Terms will not exceed the total amounts you have paid (if any) to NLE under these Terms during the 12 months immediately preceding the events giving rise to such liability. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation.
NLE does not warrant that the Services, information, content, materials, products (including software) or other services included on the Website or otherwise made available to you through NLE Services, NLE’s servers, or electronic communications sent from NLE are free of viruses or other harmful components.
10. Account Termination
You have the right to terminate Your account on the Website and with NLE Services at any time by contacting the NLE team.
You should know that if You choose Your user account, You will lose the ability to use any NLE Services that require you to have an account. You will also lose access to any virtual goods or services associated with Your account, without the right to a refund or exchange.
Termination of Your account, regardless of the cause, will not affect the rights and obligations accrued by You or NLE at the time of such termination, except with respect to Your access to the Website or NLE Services and the other consequences described in Section 9.
11. Privacy and Data Protection
12. Waiver and Severability
The failure of NLE to exercise or enforce any right or provision contained in these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if provided in writing and signed by NLE.
If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason by the court of competent jurisdiction, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.
13. Governing Law and Jurisdiction
14. Contact Information
If you have any questions or concerns about any of the matters in relation to these Terms of Service please contact us at firstname.lastname@example.org