CUBICAL DRIFT, a a simplified joint-stock Company with a capital of € 16,625.20, registered in the CANNES Trade and Corporate Register under number 798 212 098, located at 11 avenue Maurice Chevalier, CreaCannes, 06150 Cannes-la-Bocca, France, represented by its Chairman duly authorized for the purposes hereof.
Hereinafter referred to as "CUBICAL DRIFT",
Any physical adult individual or legal entity using the website or registering on it for the purpose of subscribing to one or more services or products provided by CUBICAL DRIFT.
Hereinafter referred to as the "Client",
Hereinafter individually referred to as “Party”, or together as the “Parties”.
The terms and expressions, beginning with a capital letter, in the General Terms and Conditions of Sales, have the meaning indicated below, whether used in the singular or in the plural:
1.1. Client Means any natural person or legal entity using the website and registering on it for the purpose of subscribing to one or more Services or Products provided by CUBICAL DRIFT.
1.2. Client’s Account Means the personal account of the Client which allows her or him to Order and to pay her or his Order.
1.3. Data Mean any files and information of all kinds (texts, images, sounds, videos, etc...) filled in the Client’s Account, under the responsibility of the Client, and on the servers managed by CUBICAL DRIFT.
1.4. Delivery date Mean the delivery date of the Products and Services, equivalent to the date of the order or the date specified by cubical DRIFT during the pre-order, and as stipulated in article 4.4 of this Agreement.
1.5. Client’s Environment Means the whole Client’s material and software configuration (exploitation system, databases, databases management system, etc.)
1.7. Maintenance service from CUBICAL DRIFT which comprises the:
1.8. New major version Means each new version of the Product or the Service including adaptations, improvements and/or new substantial modification of existing functionalities, and/or new functionalities that do not enter in the Maintenance services scope, with the exception of mandatory compliance with regulation,. The New Major Version can be commercialised separately by CUBICAL DRIFT.
1.9. Order Means each request of Products and Services placed by the Client with CUBICAL DRIFT and specifying the nature and quantity of the Products and Services.
1.10. Patch Means any modification of the Product or the Service that corrects a Failure.
1.11. Prerequisites Mean all functionalities and computer programs defined by CUBICAL DRIFT as mandatory for the use of the Products and the Services, as appearing on the Website at URL https://www.stellar-overload.com
1.12. Products Mean all products, downloadable or not, provided by CUBICAL DRIFT to the Client such as the game Stellar Overload and including the content management, for the downloadable products, through the https://www.stellar-overload.com platform.
1.13. Services Mean all services provided by CUBICAL DRIFT to the Clients through the https://www.stellar-overload.com platform.
1.14. Third Parties Means every legal person (natural persons or legal entities) other than the Parties.
1.15. Website - Site Means the website located at URL https://www.stellar-overload.com
1.16. Update(s) Mean the successive versions of the Products and Services, which either corrects Failures, or bring technical improvements provided by CUBICAL DRIFT. Updates include any modification of the Product made in order to comply with regulatory developments and technological evolution. They do not necessary include new functionalities which can be marketed separately by CUBICAL DRIFT. Each Update which includes technological improvements and functionalities, and each New Version of the Product, are identified by a version number (i.e. version 4.3 or version 5.0).
By accessing the Website, Users and Clients are subjected to the present General Terms and Conditions of Sales. They accept the application of all rules set forth hereof and in all documents available on the Website, such as commercial conditions, incorporated herein and by reference, which govern its relations with Third Parties and CUBICAL DRIFT for the duration of the Services and Products provided.
The Client acknowledges that he/she has read the legal information contained on the www.stellar-overload.com platform prior to his/her registration on the Website.
The Client acknowledges that the use of the Website, the Products and Services requires that the Client has the technical equipment prerequisite for the good use of the Products and Services, such as an Internet connection, whose costs are independent of the Product offered by CUBICAL DRIFT.
CUBICAL DRIFT may be required to send to the Client some information within the framework of use of the Product and Services (such as newsletters...).
The Client shall undertake to access the Product and Services only by the interfaces and not by any means other than provided by CUBICAL DRIFT for said purpose.
For further information, Clients are invited to look at the various sections of the Website, and if necessary, to contact CUBICAL DRIFT for any request of clarification through the “contact form” provided for this purpose on the Website.
The present Website is available to all countries around the world.
Should the present Website, the Products and Services it offers, or the manner in which they are offered, be partly or entirely illegal under the national laws of the Client's country of residence, then the Client must refrain from accessing it from said territory or access it from other territories where they are considered legal. Any User who chooses to access the https://www.stellar-overload.com/ platform from a territory where it is considered to be totally or partially illegal, does so on its own initiative and at its own risk, and must assume the consequences of application of the public policy regulations.
CUBICAL DRIFT reserves the right to modify the present General Terms and Conditions of Sales as necessary, according to the technical evolution of the https://www.stellar-overload.com/ platform or because of changes in the legislation, at its sole discretion.
In general, the use of the Website, Products and Services provided by CUBICAL DRIFT is always subject to the most recent version of the General Terms and Conditions of Sales posted on the Website and available to the Client and User at the time of use. It is the Client's responsibility to consult the General Terms and Conditions of Sales, available in both the public part of the Website and in the Client’s account, as often as required.
CUBICAL DRIFT has the right to refuse future access to the Website and to the Products and Services provided, to Clients who violate the present General Terms and Conditions of Sales and to deny access to any affiliated site for which CUBICAL DRIFT is responsible, or to close any access account to one of its sites, without prejudice to compensations that may be due by the perpetrator of the violation, to CUBICAL DRIFT.
The Client acknowledges that the recordings and back-ups (which also means any connection data) realised on the Website (hereinafter the “Electronic Documents”) have full significant effect between the Client and CUBICAL DRIFT. Thus, the Electronic Documents, including their dates and times, will be admissible in any dispute between the Parties.
By consequence the Client acknowledges, in his/her contractual relation with CUBICAL DRIFT, the validity and probative value of emails.
The purpose of these General Terms and Conditions of Sale is to define the terms and conditions by which CUBICAL DRIFT provides the Clients with its Products and Services, downloadable or not online thanks to the Website interface.
The Clients may be subject to specific conditions which can be found on the Website and which supplement these General Terms and Conditions of Sale, with which they form an integrated whole.
These General Terms and Conditions of Sale prevail over any buying conditions or document issued by the Client, except if CUBICAL DRIFT signs a formal and express derogation. As a consequence, any contrary condition opposed by the Client, will be unenforceable against CUBICAL DRIFT, regardless of when it has been brought to the attention of CUBICAL DRIFT, with the exception of an express acceptance of CUBICAL DRIFT.
The following billing information will be requested at the Client’s Order and Pre-order on the Site:
The information below give specific details based on whether the Client wishes to pre-order the Products and Services, or to buy them on release day. For the Clients who do not wish to pre-order the Products, and particularly the game Stellar Overload, they will be able to buy them after their official launching.
Before the launching of a new Product on the Website, the Client can pre-order it on the Website by connecting himself to the URL https://www.stellar-overload.com/store.html. Once connected to this URL, the Client chooses the version of the Product he/she wants to buy, by selecting between the commercial options proposed.
After having indicated his/her choices, the Client fills in his/her personal information online and effecting the payment of his/her pre-order by PayPal or by Credit card, which constitutes the Confirmation of the Order, as stated in the article 5.1.3.
Each Client who pre-orders a Product will enjoy discounts on the rates of Products and will also enjoy several full days of Head start Access.
Once a new Product is available on the Website, the Client will be able to order it by connecting himself to the URL https://www.stellar-overload.com/store.html. Once connected, the Client chooses the version of the Product he/she wants to buy, by selecting between the commercial options proposed.
After having indicated his/her choices, the Client fills in his/her personal information online and proceeds to the payment of his/her Order by PayPal or by Credit card, which constitutes the Confirmation of the Order, as stated in the article 5.1.3.
After each Order confirmation, CUBICAL DRIFT sends an email to the Client which sums up the information of the Order and which contains a link to the Website. By clicking on this link, the Client is redirected to his/her Client's Account on the Website where he/she can download the Services and Products he/she ordered.
By printing and/or by saving these emails, the Client has a proof which certifies the execution of the Order and its payment.
The Client who pre-ordered a Product or a Service on the Website, and only in a case of a pre-Order, has the right to cancel the Order within 14 working days after the receipt of the Confirmation of Order, in accordance with the article L.121-20 of the French Consumer Code.
The Client acknowledges and accepts that no withdrawal period can be applied after the Order on the Website after the launching of a new Product or Service.
This right may be exercised by the Client, without penalty and without indication of any reason, by sending a letter to CUBICAL DRIFT, by registered letter with an acknowledgement of receipt, containing the copy of the Confirmation of Order and a letter explaining his/her express intent to exercise the right of withdrawal. This letter should be sent to:
11 avenue Maurice Chevalier, CreaCannes,
And also by request via the contact form available on the Site at the following address: http://www.stellar-overload.com/contact.html.
Every exercise of the withdrawal right by a Client who pre-Ordered on the Website, in accordance to the conditions mentioned above in the article 4.1, will allow a reimbursement of the entire amount paid, not later than thirty (30) days after the receipt of the withdrawal demand, in accordance with the article L121-20-1 of the French Consumer Code.
The current rates for the Products and Services offered by CUBICAL DRIFT can be consulted on-line on the Website, following the link http://www.stellar-overload.com/ , and upon request to CUBICAL DRIFT at the following address: 11 avenue Maurice Chevalier, CreaCannes, 06150 Cannes-la-Bocca.
The Products and Services ordered are listed in the Confirmation of Order, which takes into account the specific conditions that apply, and include all taxes unless otherwise stated.
The Services and Products, provided by CUBICAL DRIFT, are payable immediately when Ordering, in Euros or in Dollars.
The Client has the option to pay:
Except in cases explained in the article 5.1.5, CUBICAL DRIFT does not proceed to any exchange or reimbursement.
CUBICAL DRIFT provides to the Client, in the framework of an obligation of means, its best efforts to realise a technical support and Maintenance of the Products and Services ordered on the Website, in the conditions defined hereafter.
The Client shall receive technical support after filling and sending the contact form accessible from the Website https://www.stellar-overload.com/contact.html.
The Client expressly acknowledges having been informed that requests for technical support, made in writing using the contact form provided for this purpose only, will be processed by CUBICAL DRIFT.
CUBICAL DRIFT shall undertake to process the Client's request by email only during workings days and hours.
In order to ensure this Maintenance, CUBICAL DRIFT will intervene on its own initiative, or if the Client asks so, when an event which interferes with one of the above-mentioned elements, arises.
When Maintenance can be assured, it will be delivered by all means of communication, on the choice of CUBICAL DRIFT.
Besides, CUBICAL DRIFT can provide to the Clients Updates, following a Maintenance operation or when it seems necessary. The Client will be aware of available Updates when he/she connects himself/herself to the Website or when he/she uses the Product or Service. Furthermore the Client has the choice to download those Updates, or not. If the Client decides to install them, he/she will have to click on the corresponding link in order to start the download and the Updates' installation.
In conformance with the Corrective Maintenance, the Client will inform CUBICAL DRIFT of any Failure by filling in and sending the contact form on the Website. CUBICAL DRIFT will correct this Failure as soon as possible.
In conformance with the Upgrade Maintenance, the intervention of CUBICAL DRIFT may lead to the unavailability of the Product or Service.
CUBICAL DRIFT will be responsible of the consequences coming from an interruption or a suspension of the Product’s functioning for Maintenance, if the present procedure has not been respected and particularly, if the Client has not been warned sufficiently in advance, in order for him, to anticipate the suspension and to adapt his/her use.
Every other Maintenance service, not included in articles 6.1 and 6.2, will not be due by CUBICAL DRIFT, especially:
The Client recognizes being responsible of all activities and practices that he/she realizes from his/her Client's Account and he/she commits himself to comply with the General Terms and Conditions hereof and with the laws, rules and local, national and international treaties, and the transmission of technical or personal Data, to the files, to the liberties, intellectual property and Third-parties rights.
CUBICAL DRIFT does not and in any manner, guarantees that:
CUBICAL DRIFT may, to the fullest extent permitted by applicable law, only be held liable for a direct damage which would be the result of the concession of a user license for its Products and Services. By consequence, the result of the responsibility of CUBICAL DRIFT is limited to the replacement of the defective Product and Service or its reparation, without any other prejudice opposable by the Client.
CUBICAL DRIFT excludes any other responsibility, whatsoever, for any indirect damages, such as loss of revenue, commercial or financial prejudice, overhead increase, consequence of a Third-Party claim or loss originating or resulting from the supply of a Product or a Service.
Finally, CUBICAL DRIFT will be held liable for any hidden defects (“vices cachés”) affecting the Products and Services which make them improper to use, on the condition that the Client proves the hidden defect and that he submits a request within two (2) years from the discovery of the vice, in accordance with the dispositions of the article 1648 of the Civil code.
Certain countries and jurisdictions do not allow exclusion of implied warranties or the limitation of the duration of implied warranties, therefore the above limitations may not apply in whole or part to some cases where such restrictions are prohibited by rules of public order. In such cases only, the liability of CUBICAL DRIFT shall be limited to the amount of money that the Client has actually paid for the Product and Service, during the month preceding the claim incident causing the alleged loss and judicially recognized as established, in application of those rules of public order.
In case of complaints of any kind whatsoever, the Client must send its request through the contact form on the Website by the following address: https://www.stellar-overload.com/contact.html, or by letter to the following address: CUBICAL DRIFT, 11 avenue Maurice Chevalier, CreaCannes, 06150 Cannes-la-Bocca, France.
The complaint’s answer shall be addressed by CUBICAL DRIFT within a period of seven (7) working days to one (1) month, by email or by letter, if specifically requested by the Client.
If at the end of this period, the Client has not received a satisfactory reply, he/she may send a second request in the form of notification by registered letter with acknowledgement of receipt. The Client's request shall be processed within one (1) month of receipt of said notification.
In any correspondence, sent to CUBICAL DRIFT by e-mail or by letter, the Client shall undertake to mention his/her first and last name, e-mail address and reference of his/her Order, in order to make his/her identification possible and then to be able to answer to his/her requests. Incomplete requests will not be processed by CUBICAL DRIFT.
Neither Party shall be held liable in regard to the other for the non-fulfilment or delays in the fulfilment of an obligation under the terms of the present General Terms and Conditions of Sales, due to the actions of the other Party following the occurrence of a case of force majeure as defined in article 1148 of the French Civil Code.
The following are specifically considered as cases of force majeure or acts of God, in addition to those normally accepted according to the jurisprudence of French Courts and Tribunals: the interruption of telecommunications, including telecommunication networks, total or partial strikes, lock-outs, riots, civil unrest, uprisings, civil or foreign wars, nuclear risk, embargoes, confiscation, capture or destruction by any public authority, bad weather, epidemics, the blocking of transport means or supplies for any reason whatsoever, earthquakes, fires, storms, floods, water damage, governmental or legal restrictions, legal or public policy modifications of the forms of marketing, computer failure, any consequences of technological developments that are not foreseeable by CUBICAL DRIFT, and which challenge the norms and standards of its profession and any other circumstances that are unforeseeable, unstoppable and beyond the control of the Parties and which prevent the normal fulfilment of their reciprocal obligations.
The fact that CUBICAL DRIFT does not, at any moment, invoke one of the stipulations of the present General Terms and Conditions of Sales, may not be interpreted as constituting waiver by CUBICAL DRIFT of further exercise of one of those conditions.
The invalidity of any provision of the present General Terms and Conditions of Sale, especially in application of a law, a regulation or subsequent to a final decision of a competent Court, shall not affect the validity of the other General Terms and Conditions provisions, which retain their full effect and scope.
The titles of articles in the General Terms and Conditions of Sale are only intended to facilitate reference and do not have any contractual value or significance by themselves.
The General Terms and Conditions of Sale hereof are exclusively subjected to French law.
The official language of the General Terms and Conditions of Sale hereof is French. The use of any other language is only informative. In case of difficulty relative to the General Terms and Conditions of Sales, the Parties shall refer exclusively to the French text.
All disputes concerning the General Terms and Conditions of Sale hereof shall be submitted, before any judicial proceeding, to a conciliator, each Party hereto designating one, except to agree on the choice of only one.
To this end, in the event of a dispute, either Parties shall notify the other by registered letter with acknowledgment of the name of the proposed mediator, the other Party having eight days to notify the one she designated; no reply within this period will be worth agreement of the second Part on the the first conciliator chosen by the other Party.
In case of default of the Party referred to in the receipt or post office withdrawal of a notification by registered letter with acknowledgment, notification may be made by any means.
Within a maximum period of three months from their appointment (s) mediator (s) shall attempt to resolve the difficulties that will be submitted and accepted by the parties for an amicable solution.
Whatever the outcome of that amicable settlement, a Minute of conciliation or non-conciliation will be writing and signed by / the conciliator (s).
In the absence of such an agreement in a timely manner, and subject to production of the minutes of non-conciliation, the dispute will be shall be submitted to the competent Court in the location where CUBICAL DRIFT has its registered office, which will necessarily note the production of the minute properly signed for judging the case.
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