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TERMS OF USE
Darewise Entertainment
Effective as of 11/17/2020
The terms of this agreement ("Terms of Service") govern the relationship between you and
Darewise Entertainment () having its registered office at 27 Rue de Mogador, 75009 Paris ,
(hereinafter "Darewise Entertainment" or "Us" or "We") regarding your use of Darewise
Entertainment, websites and related services (the "Service"). Use of the Service is also governed
by Darewise Entertainment Privacy Policy and other relevant policies, which are incorporated
herein by reference.
Before accessing or using the Service, including logging into any Darewise Entertainment
website or accessing a game, you must agree to these Terms of Service and the Privacy Policy.
You may also be required to register an account on the Service (an "Account"). By registering for
an Account or otherwise using the Service, you represent that you are age 13 or older. If you are
between the ages of 13 and 17, you represent that your legal guardian has reviewed and agreed
to these Terms. If you access the Service from a Social Networking Site ("SNS"), such as
Facebook or Twitter, you shall comply with its terms of service/use as well as these Terms of
Service.
BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICE, YOU AGREE TO
THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE,
PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS THE SERVICE. USE OF THE
SERVICE IS VOID WHERE PROHIBITED.
Darewise Entertainment reserves the right, at its discretion, to change, modify, add or remove
portions of these Terms of Service, its Privacy Policy and other relevant Darewise Entertainment
policies at any time by posting the amended terms on the Darewise Entertainment Service. You
will be deemed to have accepted such changes by continuing to use the Service. If at any point
you do not agree to any portion of the then-current version of our Terms of Service, the
Darewise Entertainment Privacy Policy, or any other Darewise Entertainment policy, rules or
codes of conduct relating to your use of the Service, your license to use the Service shall
immediately terminate, and you must immediately stop using the Service .
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1
1. License
1.1. Grant of a Limited License to Use the Service
Subject to your agreement and continuing compliance with these Terms of Service and any
other relevant Darewise Entertainment policies, Darewise Entertainment grants you a non-
exclusive, non-transferable, non-sublicensable, revocable and limited license to access and use
the Service for your own 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 shall not create an Account or access the Service if you are under the age of 13;
You shall restrict use by minors, and you will deny access to children under the age
of 13. 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 (e.g. PayPal) by minors.
  You shall not (or attempt to) purchase, sell, rent or give away your Account, create
an Account using a false identity or information, or on behalf of someone other than
yourself; You shall not use the Service if you have previously been removed by
Darewise Entertainment.
  You shall not use the Service to advertise, or solicit, or transmit any commercial
advertisements, including chain letters, junk or spam e-mail or repetitive or
misleading messages to anyone.
Login information and Your Account
You may be required to select a password for your Account or you may also use other
credentials to access the Account ("Login Information"). You shall not share the Account or the
Login Information, nor let anyone else access your Account or do anything else that might
jeopardize the security of your Account. In the event you become aware of or reasonably
suspect any breach of security, including without limitation any loss, theft, or unauthorized
disclosure of the Login Information, you must immediately notify Darewise Entertainment and
modify your Login Information. You are solely responsible for maintaining the confidentiality
of the Login Information, and you will be responsible for all uses of the Login Information,
including purchases, whether or not authorized by you. You are responsible for anything that
happens through your Account.
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Darewise Entertainment reserves the right to remove or reclaim any usernames, clan names or
property names at any time and for any reason, including but not limited to claims by a third
party that a username violates the third party's rights.
License Limitations
Any use of the Service in violation of these License Limitations is strictly prohibited, can result
in the immediate revocation of your limited license and may subject you to liability for
violations of law.
You agree that you will not, under any circumstances:
  Engage in any act that Darewise Entertainment deems to be in conflict with the spirit
or intent of the Service or make improper use of Darewise Entertainment's support
services.
  Use or take part (directly or indirectly) in the use of cheats, exploits, automation
software, bots, hacks, mods or any unauthorized third-party software designed to
modify or interfere with the Service, any Darewise Entertainment game or any
Darewise game experience.
  Modify or cause to be modified any files that are a part of the Service or any
Darewise Entertainment game without Darewise's express written consent.
  Disrupt, interfere with or otherwise adversely affect the normal flow of the Service or
otherwise act in a manner that may negatively affect other users' experience when
using the Service or playing Darewise Entertainment's games. This includes any kind
of manipulation of rankings, taking advantage of errors in the Service to gain an
unfair edge over other players and any other act that intentionally abuses or goes
against the design of the Service.
  Disrupt, overburden, or aid or assist in the disruption or overburdening of any
computer or server ("Server") used to offer or support the Service or any Darewise
Entertainment game environment.
  Institute, assist, or become involved in any type of attack, including without
limitation distribution of a virus, denial of service attacks upon the Service, or other
attempts to disrupt the Service or any other person's use of the Service.
  Attempt to gain unauthorized access to the Service, Accounts registered to others or
to the computers, Servers, or networks connected to the Service by any means other
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than the user interface provided by Darewise Entertainment, including but not
limited to, by circumventing 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 is part of the Service.
  Post any information that is abusive, threatening, obscene, defamatory, libelous, or
racially, sexually, religiously, or otherwise objectionable or offensive or engage in
ongoing toxic behavior, such as by repeatedly posting information on an unsolicited
basis.
  Post any information that contains nudity, excessive violence, or offensive subject
matter or that contains a link to such content.
  Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or
harm of another person, group, including Darewise Entertainment employees,
including Darewise Entertainment's customer service representatives.
  Make available through the Service any material or information that infringes any
copyright, trademark, patent, trade secret, right of privacy, right of publicity, or
other right of any person or entity or impersonates any other person, including
without limitation a Darewise Entertainment employee.
  Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive
the source code for any underlying software or other intellectual property used to
provide the Service or any Darewise Entertainment game, or to obtain any
information from the Service or any Darewise Entertainment game using any
method not expressly permitted by Darewise Entertainment.
  Solicit or attempt to solicit Login Information or any other login credentials or
personal information from other users of the Service or any Darewise Entertainment
game.
  Collect or post anyone's private information, including personally identifiable
information (whether in text, image or video form), identification documents, or
financial information through the Service.
Darewise Entertainment reserves the right to determine what conduct it considers to be in
violation of the rules of use or otherwise outside the intent or spirit of these Terms of Service or
the Service itself. Darewise Entertainment reserves the right to take action as a result, which
may include terminating your Account and prohibiting you from using the Service in whole or
in part.
1.2. Suspension and Termination of Account and Service
WITHOUT LIMITING ANY OTHER REMEDIES, DAREWISE ENTERTAINMENT MAY LIMIT,
SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICE
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OR PORTIONS THEREOF IF YOU ARE, OR DAREWISE ENTERTAINMENT SUSPECTS
THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OF SERVICE OR
FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH
OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USERNAME AND PERSONA IN
THE SERVICE AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS
ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED
WITH YOUR USE OF THE SERVICE, AND DAREWISE IS UNDER NO OBLIGATION TO
COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE
THE SERVICE AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO
OUR GAMES AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR
REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT
USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING
RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY
RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR
SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE
CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE
ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY
INTELLECTUAL PROPERTY RIGHTS.
Darewise Entertainment reserves the right to stop offering and/or supporting the Service or a
particular game or part of the Service at any time, at which point your license to use the Service
or a part thereof will be automatically terminated. In such an event, Darewise Entertainment
shall not be required to provide refunds, benefits or other compensation to users in connection
with such discontinued Service.
Termination of your Account can include disabling your access to the Service or any part
thereof including any content you submitted or others submitted.
You may terminate your Account at any time and for any reason by informing Darewise
Entertainment via email that you wish to terminate your Account.
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2. Ownership
2.1. Games and Service
All rights, title and interest in and to the Service (including without limitation any games, titles,
computer code, themes, objects, characters, character names, stories, dialogue, catch phrases,
concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of
operation, moral rights, documentation, in-game chat transcripts, character profile information,
recordings of games played using a Darewise Entertainment game client, and the Darewise
Entertainment game clients and server software) are owned by Darewise Entertainment.
Darewise Entertainment reserves all rights, including without limitation, all intellectual
property rights or other proprietary rights, in connection with its games and the Service.
2.2. Accounts
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE
AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY
INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT
ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY
AND INURE TO THE BENEFIT OF DAREWISE ENTERTAINMENT
2.3. Virtual Items
Darewise Entertainment owns, has licensed, or otherwise has rights to use all of the content that
appears in the Service or in Darewise Entertainment games. Notwithstanding any provision to
the contrary herein, you agree that you have no right or title in or to any content that appears in
the Service, including without limitation the virtual goods or currency appearing or originating
in any Darewise Entertainment game, whether earned in a game or purchased from Darewise
Entertainment, or any other attributes associated with an Account or stored on the Service.
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3. User Content
3.1. Submission of User Content
"User Content" means any communications, images, sounds, and all the material, data, and
information that you upload or transmit through a Darewise Entertainment game client or the
Service, or that other users upload or transmit, including without limitation any chat text. By
transmitting or submitting any User Content while using the Service, you affirm, represent and
warrant that such transmission or submission is (a) accurate and not confidential or misleading;
(b) not in violation of any laws, contractual restrictions or other third party rights, and that you
have permission from any third party whose personal information or intellectual property is
comprised in the User Content; (c) free of viruses, adware, spyware, worms or other malicious
code; and (d) you acknowledge and agree that any of your personal information within such
content will at all times be processed by Darewise Entertainment in accordance with its Privacy
Policy.
3.1.1. Content Screening
Darewise Entertainment assumes no responsibility for the conduct of any user submitting any
User Content, and assumes no responsibility for monitoring the Service for inappropriate
content or conduct. We do not, and cannot, pre-screen or monitor all User Content. Your use of
the Service is at your own risk. By using the Service, you may be exposed to User Content that
is offensive, indecent or otherwise not in line with your expectations. You bear all risks
associated with the use of any User Content available in connection with the Service. At our
discretion, our representatives or technology may monitor and/or record your interaction with
the Service or communications (including without limitation chat text) when you are using the
Service.
By entering into these Terms of Service, you hereby provide your irrevocable consent to such
monitoring and recording. You acknowledge and agree that you have no expectation of privacy
concerning the transmission of any User Content, including without limitation chat text or voice
communications.
Darewise Entertainment reserves the right in its sole discretion to review, monitor, prohibit,
edit, delete, disable access to or otherwise make unavailable any User Content (including
without limitation your User Content) without notice for any reason or for no reason at any
time. If at any time Darewise Entertainment chooses, in its sole discretion, to monitor the
Service, Darewise Entertainment nonetheless assumes no responsibility for User Content and
assumes no obligation to modify or remove any inappropriate User Content. We have the right,
but not the obligation, in our sole discretion to edit, refuse to post, or remove any User Content.
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3.2. Information Use by Other Members of the Service
3.2.1. Public Discourse
The Service may include various forums, blogs and chat features where you can post User
Content, including your observations and comments on designated topics. Darewise
Entertainment cannot guarantee that other members will not use the ideas and information that
you share. Therefore, if you have an idea or information that you would like to keep
confidential and/or don't want others to use, do not post it on the Service. Darewise
Entertainment shall have no responsibility to evaluate, use or compensate you for any ideas or
information you may choose to submit.
3.2.2. Responsible For Your Own Content
You are solely responsible for the information that you post on, through or in connection with
the Service and that you provide to others. Darewise Entertainment may reject, refuse to post or
delete any User Content for any or no reason, including, but not limited to, User Content that in
the sole judgment of Darewise Entertainment violates these Terms of Service.
3.2.3. Your License to Darewise Entertainment
You hereby grant to Darewise Entertainment an irrevocable, perpetual, transferable, fully paid-
up, royalty-free, worldwide license (including the right to sublicense and assign to third party)
and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture,
commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly
display, publicly perform, or provide access to electronically, broadcast, communicate to the
public by telecommunication, display, perform, enter into computer memory, and use and
practice, in any way, your User Content as well as all modified and derivative works thereof in
connection with our provision of the Service, including marketing and promotions of the
Service. You also hereby grant to Darewise Entertainment the right to authorize others to
exercise any of the rights granted to Darewise Entertainment under these Terms of Service. You
further hereby grant to Darewise Entertainment the unconditional, irrevocable right to use and
exploit your name, likeness and any other information or material included in any User Content
and in connection with any User Content, without any obligation to you. Except as prohibited
by law, you waive any rights of attribution and/or any moral rights you may have in your User
Content, regardless of whether your User Content is altered or changed in any manner.
Darewise Entertainment does not claim any ownership rights in your User Content and nothing
in these Terms of Service is intended to restrict any rights that you may have to use and exploit
your User Content. Darewise Entertainment has no obligation to monitor or enforce your
intellectual property rights in or to your User Content.
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3.3. User Interactions
You are solely responsible for your interactions with other users of the Service and any other
parties with whom you interact through the Service and/or Darewise Entertainment games.
Darewise Entertainment reserves the right, but has no obligation, to become involved in any
way with these disputes. You will fully cooperate with Darewise Entertainment to investigate
any suspected unlawful, fraudulent or improper activity, including, without limitation,
granting Darewise Entertainment access to any password-protected portions of your Account.
If you have a dispute with one or more users, you release us (and our officers, directors, agents,
subsidiaries, joint ventures and employees) from claims, demands and damages (actual and
consequential) of every kind and nature, known and unknown, arising out of or in any way
connected with such disputes.
4. Fees and Purchase Terms
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4.1.Purchases
In the Service you may purchase, with "real world" money, a limited, personal, non-
transferable, non-sublicensable, revocable license to use (a) "virtual currency", including but not
limited to virtual cash or diamonds, all for use in Darewise Entertainment games; (b) "virtual in-
game items" (together with "virtual currency", "Virtual Items"); and (c) other goods or services
("Merchandise"). You are only allowed to purchase Virtual Items from us or our authorised
partners through the Service, and not in any other way.
Darewise Entertainment may manage, regulate, control, modify or eliminate Virtual Items
and/or Merchandise at any time, with or without notice. Darewise Entertainment shall have no
liability to you or any third party in the event that Darewise Entertainment exercises any such
rights.
The transfer of Virtual Items and Merchandise is prohibited except where expressly authorized
in the Service. Other than as expressly authorized in the Service, you shall not sell, purchase,
redeem or otherwise transfer Virtual Items or Merchandise to any person or entity or attempt
any of the aforesaid, including but not limited to Darewise Entertainment, another user or any
third party.
ALL PURCHASES AND REDEMPTION OF VIRTUAL ITEMS MADE THROUGH THE
SERVICE .ARE FINAL AND NON-REFUNDABLE, EXCEPT UNDER EXCEPTIONAL
CIRCUMSTANCES AS ARBITRATED BY DAREWISE ENTERTAINMENT
.
The provision of Virtual Items for use in Darewise Entertainment games is a service provided
by Darewise Entertainment that commences immediately upon acceptance by Darewise
Entertainment of your purchase.
4.2. Payment of Fees
You agree to pay all fees and applicable taxes incurred by you or anyone using an Account
registered to you. Darewise Entertainment may revise the pricing for the goods and services
offered through the Service at any time. YOU ACKNOWLEDGE THAT DAREWISE IS NOT
REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT
RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN
AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR
INVOLUNTARY.
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5. Updates to the Service
You understand that the Service is an evolving one. Darewise Entertainment may require that
you accept updates to the Service and to Darewise Entertainment's games you have installed on
your device or computer. You acknowledge and agree that Darewise Entertainment may
update the Service and Darewise Entertainment games, with or without notifying you. You may
need to update third party software from time to time in order to receive the Service and play
Darewise Entertainment games.
6. Disclaimer of Warranties
WITHOUT LIMITING DAREWISE ENTERTAINMENT LIABILITY UNDER SECTION 7
BELOW, THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR
YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM
COURSE OF DEALING OR USAGE OF TRADE. DAREWISE ENTERTAINMENT DOES NOT
WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES
OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED
OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE GAME OR THE
SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the
above disclaimers may not apply to you.
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7. Limitation of Liability; Sole and
Exclusive Remedy; Indemnification
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DAREWISE ENTERTAINMENT SHALL
NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO
LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR
OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT
OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE OR THE SERVICE ITSELF,
WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND
WHETHER OR NOT DAREWISE ENTERTAINMENT HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW,
DAREWISE ENTERTAINMENT SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE
AMOUNT YOU HAVE PAID TO DAREWISE ENTERTAINMENT IN ACCORDANCE WITH
THESE TERMS OF SERVICE IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE
DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE
THAT IF YOU HAVE NOT PAID ANYTHING TO DAREWISE DURING SUCH TIME PERIOD,
YOUR SOLE REMEDY (AND DAREWISE EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH
DAREWISE IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.
NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT THE STATUTORY RIGHTS OF
ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY RESULTING FROM GROSS
NEGLIGENCE OR WILLFUL MISCONDUCT OF DAREWISE OR FOR DEATH OR
PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF DAREWISE.
You agree to indemnify, defend and hold Darewise Entertainment (and our officers, directors,
agents, subsidiaries, joint ventures and employees) harmless from any claim, demand, damages
or other losses, including reasonable attorneys' fees, asserted by any third-party resulting from
or arising out of your use of the Service, or any breach by you of these Terms of Service,
however the foregoing does not apply if the infringement of rights is not attributable to your
intentional or negligent behavior.
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8. Dispute Resolution and Law
If a dispute arises between you and Darewise Entertainment, we strongly encourage you to first
contact us directly to seek a resolution.
The Product is intended for use and should only be used in countries where such use is legally
permitted.
In the event of a claim, dispute or action relating to or resulting from this EULA, and after an
attempt to seek an amicable solution, the following rules shall apply, notwithstanding multiple
defendants or warranty claims, even for emergency or protective proceedings, in summary
proceedings or by motion:
If you reside in France, this EULA is governed by French law and express jurisdiction is vested
in the French courts. In the event of a dispute with us, you have the possibility to refer the
matter to a consumer ombudsman before referring it to the competent court.
If you reside in the United States, this Agreement is governed by the laws of the State of
California, without applying its conflict of laws rules and express jurisdiction is vested in the
California courts.
If you reside in a country other than France or the United States, this EULA is governed by
French law and the French courts have exclusive jurisdiction, unless the laws of your country of
residence provide otherwise.
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9. Severability
You and Darewise Entertainment agree that if any portion of these Terms of Service or of the
Darewise Entertainment Privacy Policy is found illegal or unenforceable, in whole or in part by
any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective
solely to the extent of such determination of invalidity or unenforceability without affecting the
validity or enforceability thereof in any other manner or jurisdiction and without affecting the
remaining provisions of the terms, which shall continue to be in full force and effect.
10. General Provisions
10.1. Assignment
Darewise Entertainment may assign or delegate these Terms of Service and/or the Darewise
Entertainment 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 any rights or obligations under the
Terms of Service or Privacy Policy without Darewise Entertainment's prior written consent, and
any unauthorized assignment and delegation by you is ineffective.
10.2. Supplemental Policies
Darewise Entertainment may publish additional policies related to specific services such as
forums, contests or loyalty programs. Your right to use such services is subject to those specific
policies and these Terms of Service.
10.3. Entire Agreement
These Terms of Service, any supplemental policies and any documents expressly incorporated
by reference herein (including the Darewise Entertainment Privacy Policy), contain the entire
understanding of you and Darewise Entertainment, and supersede all prior understandings of
the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or
whether established by custom, practice, policy or precedent, between you and us with respect
to the Service.
10.4. No Waiver
The failure of Darewise Entertainment to require or enforce strict performance by you of any
provision of these Terms of Service or the Darewise Entertainment Privacy Policy or failure to
exercise any right under them shall not be construed as a waiver or relinquishment of Darewise
Entertainment's right to assert or rely upon any such provision or right in that or any other
instance.
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The express waiver by Darewise Entertainment of any provision, condition, or requirement of
these Terms of Service or the Darewise Entertainment Privacy Policy shall not constitute a
waiver of any future obligation to comply with such provision, condition or requirement.
Except as expressly and specifically set forth in this these Terms of Service, no representations,
statements, consents, waivers, or other acts or omissions by Darewise Entertainment shall be
deemed a modification of these Terms of Service nor legally binding, unless documented in
physical writing, hand signed by You and a duly appointed officer of Darewise Entertainment
10.5. Notices
We may notify you via postings on www.playlifebeyond.com, discord, e-mail or any other
communications means to contact information you provide to us. All notices given by you or
required from you under these Terms of Service or the Darewise Entertainment Privacy Policy
shall be in writing and addressed to: 27 Rue Mogador, 75009 Paris. Any notices that you
provide without compliance with this Section on Notices shall have no legal effect.
10.6. Equitable Remedies
You acknowledge that the rights granted and obligations made under these Terms of Service to
Darewise Entertainment are of a unique and irreplaceable nature, the loss of which shall
irreparably harm Darewise Entertainment and which cannot be replaced by monetary damages
alone so that Darewise Entertainment shall be entitled to injunctive or other equitable relief
(without the obligations of posting any bond or surety or proof of damages) in the event of any
breach or anticipatory breach by you.
You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or
restrain the operation of the Service or any Darewise Entertainment game, exploitation of any
advertising or other materials issued in connection therewith, or exploitation of the Service or
any content or other material used or displayed through the Service and agree to limit your
claims to claims for monetary damages, limited by Section 7 (if any).
10.7. Force Majeure
Darewise Entertainment shall not be liable for any delay or failure to perform resulting from
causes outside the reasonable control of Darewise Entertainment, including without limitation
any failure to perform hereunder due to unforeseen circumstances or cause beyond Darewise
Entertainment's control such as acts of God, war, terrorism, riots, embargoes, acts of civil or
military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel,
energy, labor or materials.
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