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Terms of use

These Terms of Use constitute a legal agreement between you, (hereinafter sometimes referred to as “you” “your” or “User”) and Eugen Systems and its subsidiaries and affiliates (“Eugen Systems,” “we” or “us”) regarding your use of the Eugen Systems Account Service (EugNet, Steel Division Account…) (the “Service”) in relation to Eugen System’s websites, including www.eugensystems.com, www.steeldivision2.com and forums.eugensystems.com, any mod tools provided by Eugen Systems or its affiliates, and Eugen Systems´s computer and videogames and other applications. If you use the Service, you accept and agree to be legally bound by these Terms of Use. Please read them carefully.

Please note that use of the Service requires that you have read, understand and agreed to our Privacy Policy available at https://eugensystems.com/privacy-policy

Also, your use of a Eugen Systems’ game or application (a “Game”) is subject to an End User License Agreement (the “EULA”), which you will have to review and accept before playing a Game.

BUY USING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS OF THE TERMS OF USE, THE RULES OF CONDUCT AND THE PRIVACY POLICY. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE, THE RULES OF CONDUCT AND THE PRIVACY POLICY, DO NOT USE THE SERVICE.

Your Account

In order to access the Service you must create a Eugen Systems Account (an “Account”). You must be at least 13 years of age to create an Account, and if you are between 13 and 18 years of age, you must get your parents’ or legal guardians’ consent prior to creating such Account. With regards to your registration for an Account, you acknowledge and agree that you will (a) provide true, accurate, current, and complete information as requested by the registration form, and (b) maintain and update this registration information to keep it true, accurate, current, and complete. You are responsible for maintaining the confidentiality of your password and for restricting unauthorized access to your computer, and you hereby accept sole responsibility for all activities that occur under your Account, unless as otherwise specified hereunder.

You acknowledge and agree that, to the fullest extent permissible under applicable law, you shall have no ownership or other interest in your Account, and you further acknowledge and agree that all rights in and to the Account are owned by and inure to the benefit of Eugen Systems.

Grant of License and Restrictions

The Service may be used by you only for your personal, non-commercial use in accordance with these Terms of Use. Unless otherwise explicitly stated herein, nothing contained in these Terms of Use shall be construed as conferring by implication or otherwise any license or right to use any trademark, patent, design right, copyright or other intellectual property rights of Eugen Systems.

You are granted a personal, limited, non-transferable, non-exclusive license to access the Service, provided that you do not and do not facilitate any third party to:

  • Modify, copy, reproduce, broadcast, republish, sell, resell, exploit, reverse engineer (except to the extent permitted by law), disassemble, create derivative works or distribute in any way any portion of the Service or any materials provided in the Service, including, but not limited to design and materials including all text, still and motion video, audio and audio visual materials, artwork, graphics, code and / or software (including within any Game) and all other copyrightable elements (the “Content”);
  • Disrupt or assist in the disruption of any Game and/or Service server or any other user’s Game and/or Service experience;
  • Use, develop, distribute or sell cheats, automation software (bots), hacks or any other unauthorized third-party software designed to modify a Game;
  • Exploit the Game, the Services or any of its parts for any commercial purpose, including without limitation: (a) use at a cyber café, computer gaming center or any other location-based site; (b) for gathering Additional Services, including in-game currency, items or resources for sale outside the Game; and/or (c) performing in-game services in exchange for payment outside the Game, e.g., power-leveling;
  • Remove, disable or circumvent any security protections such as digital rights management (known as “DRM”), proprietary notices or labels contained on or within the Game;
  • Use any obscene, pornographic, provocative or racist language or material in the Game or on the Communications Facilities (as defined below);
  • Use any meta tags or any other “hidden text” utilizing Eugen Systems’s name or trademarks.

The grant of this limited license is conditional upon your agreement to and compliance with all terms of these Terms of Use. Eugen Systems may suspend or deactivate your Account at any time for any or no reason, with or without notice to you. Unauthorized or prohibited use of the Service or the Content may be a violation of criminal or civil law.

Eugen Systems reserves the right to add, modify, or delete any or all functionalities of the Service at any time. Eugen Systems makes no representation or warranty as to the completeness or accuracy of the information provided to you through your use of the Service, nor do we represent or warrant that the Service will be available and error-free at all times.

Communication Facilities.

Through some of Eugen Systems’s Sites, community forums and Games you may communicate with other users of the Service and players of the Games (“Communication Facilities”). You agree only to use the Communication Facilities to post, receive or send messages in connection with the Game. You agree that you will not:

  • Transmit messages which are offensive, unlawful, harassing, defamatory, vulgar, obscene, hateful, sexually explicit, or otherwise objectionable;
  • Post advertisements to sell goods or services;
  • Impersonate any real person, including without limitation an agent of Eugen Systems, or otherwise communicate in the Communication Services in any way designed to make others believe that your message constitutes a server message or was otherwise posted by a representative of Eugen Systems;
  • Engage in “trolling”;
  • Engage in spamming, double posting, cross-posting, and resurrecting old posts;
  • Hack any Communication Facility or exploit any bugs in same;

Upload files that contain software or other material protected by intellectual property laws or by rights of privacy and publicity, unless you own or control the rights thereto or have received all necessary consents.

Additional rules in connection with the Communication Facilities may be posted within such facilities. Eugen Systems reserves the right to review materials posted to the Communication Facilities and to remove any materials at any time, without notice, and for any reason and in its sole discretion. Statements made by users in the Communication Facilities reflect only the view of their authors and Eugen Systems specifically disclaims any liability regarding the Communication Facilities and any actions resulting from your participation in the Communication Facilities. Eugen Systems is not responsible for information that you choose to communicate to other users via the Communications Services, or for the actions of other users.

Additional Services

“Additional Services” means services and in-game features acquired or purchased by User that can only be used in the Game and under the conditions specified in these Terms of Use, such as, but not limited to, in-game currency or virtual goods. Additional Services are not a necessary condition for participation in a Game and are provided on your request. As a condition to the use of Additional Services, User acknowledges and agrees that:

  • Weekly Additional Services Limit. You may only purchase a total maximum amount of ten thousand U.S. dollars (US$10,000.00) of Additional Services per week;
  • The list and cost of Additional Services, and the methods and conditions of purchasing Additional Services are published by Eugen Systems in the Game or on the Site. All payments for Additional Services are handled and administered through third party payment systems (collectively “Payment Systems”), not Eugen Systems. Under no circumstances shall Eugen Systems be held responsible or liable, directly or indirectly, for any loss or damages caused or alleged to have been caused by your use of or reliance on any Payment Systems. For policies and procedures governing the Payment Systems used to purchase such Additional Services, User shall contact the operators of such Payment Systems. Eugen Systems does not make any representations or warranties to User regarding the rules and procedures of such Payment Systems, and shall have no responsibility or liability therefor. Furthermore, Eugen Systems shall not make any monetary compensation to User who purchases Additional Services using the Payment Systems; for example, if User’s payments via the Payment Systems were to fail and as a result the payment was not received by Eugen Systems, Eugen Systems will not issue any refund or other monetary compensation to User. Notwithstanding the foregoing, User is obliged to keep documents proving User’s payment for Additional Services for the entire period during which User uses the Game, and, if such documents are requested by Eugen Systems, User shall provide them;
  • If Eugen Systems has reason to believe or suspects that you are performing illegal or fraudulent activities related to payments for Additional Services in the Game, Eugen Systems has the right to provide relevant information to law enforcement bodies to investigate these suspicions;
  • If Eugen Systems has reason to believe or suspects that you are exploiting any defects in the Game or Services or are using any software to impermissibly increase your amount of Additional Services, including in-game currency, or gain any advantage in the Game, or if Eugen Systems has reason to believe or suspects that an increase of in-game currency originates from a flaw in the system(s) relating to the Game, Eugen Systems has the right to take any action Eugen Systems deems necessary, including immediately terminating your use of the Service and deleting your Account, in which case the entire Account shall be deemed forfeited;
  • If you are prohibited from receiving on-line game services by the legislation of your country or in case of any other legal restrictions, including age restrictions, you shall not be allowed to use the Game or Additional Services in the Game. In any case, you shall be responsible for the use of the Game in your country in accordance with local laws;
  • Any money you pay for Additional Services is not subject to return by Eugen Systems and Eugen Systems shall not be liable for the loss of your Additional Services, unless such loss is due directly and exclusively to the fault of Eugen Systems (such as, by way of example only, by a bug in the Game), in which case your only remedy shall be to receive an amount of Additional Services added to your Account equivalent to the lost amount;
  • User agrees, understands and accepts that: (i) this Game is not a gambling, cash, contest or betting game; (ii) the purchase of Additional Services is NOT necessary or mandatory to participate in the Game and the Game process; and (iii) the purchase of any Additional Services is at User’s sole discretion.

User Generated Content

You may be provided with the opportunity to create and submit content through the Game Service or the Site (“User Generated Content” or “UGC”). User Generated Content must not i) infringe any copyright, trademark, trade secret, patent, or any other proprietary right of any person or entity; ii) contain any viruses, Trojan horses, worms, corrupted files, or any other similar software or program; iii) violate any law or regulation; or iv) violate or be inconsistent with these Terms of Use, the EULA, the Rules of Conduct or our Privacy Policy.

By uploading or otherwise publishing your UGC, You hereby grant to Eugen Systems a non-exclusive, irrevocable, royalty-free, sublicensable, perpetual right to use, reproduce, modify, create derivative works from, distribute, transmit, broadcast, and otherwise communicate, publicly display and publicly perform, your UGC, and derivative works of your UGC, in connection with the operation and promotion of the Game, Site or Service.
Eugen Systems is under no obligation to use, distribute or continue to distribute User Generated Content. You understand that Eugen Systems may restrict, or remove, your UGC for any reason.
You represent and warrant that the UGC, and your grant of rights in such UGC, does not violate any applicable contract, law or regulation, and that the UGC is your original work and does not infringe any third party´s intellectual property rights or any other rights. Eugen Systems specifically disclaims any liability regarding User Generated Content.
Anyone who believes that their original work has been reproduced as UGC through one of our Games, Service or Sites in a way that constitutes copyright infringement may notify us by contacting us at https://eugensystems.com/contact-our-support.

Termination

If you fail to comply with any of the terms in the Terms of Use, the EULA or the Rules of Conduct, Eugen Systems will provide you with a warning for your non-compliance. In case of a serious violation of the Terms of Use, the EULA or the Rules of Conduct, or in case of repeated cases of non-compliance, Eugen Systems reserves the right to immediately terminate the Service to you, including any additional services.
You may terminate the Service at any time by ceasing all use of the Service.
Any money you have paid for Additional Services are not subject to return in case of termination of a Game, Service or Site, or any termination due to your non-compliance with these Terms of Use, the EULA or the Rules of Conduct.

Disclaimer

THE SERVICE IS PROVIDED BY EUGEN SYSTEMS ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, EUGEN SYSTEMS DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, EUGEN SYSTEMS MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE SITE AND/OR SERVICE, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE SITE AND/OR SERVICE WILL BE CONTINUOUS, UNINTERRUPTED, SECURE OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR PRODUCTS PROVIDED THROUGH THE SITE AND/OR SERVICE; OR (IV) THAT THE SITE AND/OR SERVICE, PRODUCTS DOWNLOADED FROM THE SITE AND/OR SERVICE, EUGEN SYSTEMS SERVERS, OR E-MAILS SENT FROM OR ON BEHALF OF EUGEN SYSTEMS , ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS OR OTHER HARMFUL COMPONENTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

IN NO EVENT SHALL EUGEN SYSTEMS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF EUGEN SYSTEMS HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND CONTENTS AVAILABLE FROM THE SITE AND/OR SERVICE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

Your use of the Service constitutes your agreement to defend, indemnify, and hold harmless Eugen Systems, and its respective employees, contractors, officers, directors, licensors, licensees (excluding you), sublicensees, successors and assigns from and against any actions, claims, demands, liability and expenses, including reasonable attorneys’ fees, arising out of (i) your breach of any of these Terms of Use; (ii) your use or misuse of the Service, or iii) the use or misuse of the Service by a third party using your Account, if such use or misuse is due to your failure at maintaining the security and confidentiality of your Account.
External Sites, a Game, Site and/or Service may contain links to other sites on the Internet, or you may be able to access the Site and/or Service from other sites on the Internet, that are owned and operated by third party vendors and other third parties (the “External Sites”). You acknowledge that Eugen Systems does not review or evaluate all the External Sites and is not responsible for the accuracy, copyright compliance, legality, decency, or appropriateness of the content on these External Sites, nor is it responsible for the advertising, products, or other materials that appear on or are offered by such websites. You should carefully review the respective terms of use and privacy policies of each of these External Sites. Under no circumstances shall Eugen Systems be held responsible or liable, directly or indirectly, for any loss or damages caused or alleged to have been caused by your use of or reliance on any content, goods, or services available on such External Site.

Electronic Communications

When you visit the Site, use the Service, or send e-mails to us, you are communicating with us electronically. You consent to receiving communications from us electronically in order to answer your inquiries or comments, to provide you with an invoice or game key, or with general information regarding the Service, any Game or product. We will communicate with you by e-mail or by posting notices on the Site or on the Communication Facilities. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Updates to the Services

For the purpose of improving its products and services, Eugen Systems may require that you download and install updates to the Games you have installed on your computer. You acknowledge and agree that Eugen Systems may update the Service and the Games on your computer, with or without notification.

Equitable Remedies

You agree that Eugen Systems would be irreparably damaged if the terms of these Terms of Use were not specifically enforced, and therefore you agree that Eugen Systems shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of these Terms of Use, in addition to such other remedies Eugen Systems may otherwise have available under applicable laws. This section shall survive the termination of these Terms of Use.

Severability

If any of these Terms of Use are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms of Use are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these Terms of Use and the remaining Terms of Use shall survive, remain in full force and effect, and continue to be binding and enforceable.

Waiver

Eugen Systems´ failure to enforce any term of these Terms of Use at any time shall in no way be construed to be a present or future waiver of such term.

Governing Law/Jurisdiction

These Terms of Use are governed by and construed in accordance with the laws of France. You agree to submit to the personal jurisdiction of the courts of Paris, France for any cause of action arising out of or relating to these Terms of Use, and hereby waive any right to participate in any type of law suit brought and/or maintained as a class action or similar in nature to a class action, to the extent permissible by applicable law.

Modification of Terms of Use

Eugen Systems shall have the right, at its sole discretion, to modify, add or remove any terms or conditions of these Terms of Use without notice or liability to you. Any changes to these Terms of Use shall be effective after thirty (30) days following the posting of any such changes on the Site or through the Services. Please review these Terms of Use regularly to ensure you are aware of any changes made by Eugen Systems. Your continued use of the Site after changes are posted means you agree to be legally bound by these Terms of Use as updated and amended.

Contacting Us

If you have questions about these Terms of Use, the information practices of Eugen Systems, or otherwise in relation to your dealings with Eugen Systems, please contact us at eugensystems.com/contact-our-support.

Eugen Systems
151, rue Saint Denis
75002 Paris
FRANCE