ARTICLE NO. 1 : PRESENTATION OF THE TOU
1.2 These services include, among others, access to (i) the various games published by Magework Studios (Nightmare, hereinafter the "Game" or collectively the "Games") and (ii) the actual and futurs discussion forums available on the websites run by the Company (hereinafter the "Forums").
To access certain Games (Nightmare), the Company may ask you to download and install software on your terminal (hereinafter the "Client" or the "Clients"). These TOU also govern the use of these Clients. The Games, the Forums, the Clients are collectively referred to as the "Services".
1.4 As such, the TOU determine the framework of contractual relations between the Service user (hereinafter "you") and Magework Studios.
ARTICLE NO. 2 : ACCEPTANCE OF THE TOU
You acknowledge that you are an individual who has reached the age of majority in your country of habitual residence or, if you are a minor and the law of your country of habitual residence demands it, have obtained permission from your legal representative (parent or guardian) to create an Account and/or to access the Services. You also acknowledge that you are capable of entering into a valid contract in accordance with the law, case law or the customs of your country of habitual residence.
If you live in the United States and are under 13 years of age, CAUTION! You may not create an Account and access the Services. If you are aged between 13 and 18 years, then you must obtain consent from your legal representative (parent or guardian).
2.2 Any use of the Services which is not in accordance with the TOU is prohibited and may lead to the termination thereof, in accordance with the terms set forth in Article 14 hereinafter.
2.3 Acceptance of the TOU is established by your electronic signature, manifest by your having checked the box provided for this purpose or by your having clicked on the TOU acceptance button or on the button allowing you to finish creating your Account. This acceptance is required to create an Account and/or use the Services and/or download the Games. If you disagree with these provisions, you must not check the box or click on the TOU acceptance button. In the event that the TOU are updated, you will be asked to mark your agreement by filling a check box or clicking on a TOU acceptance button, failing which you may no longer access the Services.
ARTICLE NO. 3 : ACCESS
As the Services are offered on Internet, you must have an Internet connection to access them. All costs of telephone connections and Internet access are at your expense. Magework Studios shall bear no liability for damage you may suffer as a result of using an Internet connection or as a result of malware being installed on your computer.
3.2 Magework Studios grants you a limited, non-exclusive and non-transferable license to access and use the Services and their contents. This license is subject to compliance with the rules set forth by the TOU.
3.3 To access the Services and/or all of the Services' functionalities, the Company may ask you to create an Magework account (hereinafter the "Account"). You can create an Account from the inserts provided for this purpose on Magework websites (hereinafter the "Websites"), found in the "Create an account" and "PLAY!" sections.
ARTICLE NO. 4 : Account Creation
4.1.1 To create an Account, you must be an individual who has reached the age of majority in your country of habitual residence or, if you are a minor and the law of your country of habitual residence demands it, have obtained permission from your legal representative (parent or guardian), and, in any case, be legally able to enter into a contract with the Company.
Reminder: if you live in the United States, you may not create an Account if you are under the age of 13.
4.1.2 The Account is a user account made available to you via an Account name and password.
4.1.3 The Account remains the property of the Company. You only hold a right of access to the Service, through an Account made available to you.
4.1.4 To create an Account, you must enter the following information:
- Account name;
- Public Account name;
- First Name;
- Last Name;
- email address;
4.1.5 The Account and your personal details are managed solely via https://mageworkstudios.com/login.
4.1.6 The Account name (or login) and password allow you to access the Services. The email address allows us to communicate with you to manage and monitor your Account, and to send you information relating to the Services.
4.1.7 The Account must respect the following rules as a minimum:
- Personal details must be accurate, verifiable, complete and up-to-date. A valid personal email address must be provided.
- You agree to not use intermediary servers (also called proxies) to create an Account and/or log on to an Account.
- Automatic Account creation and/or Account creation using a false or fraudulent identity is strictly prohibited.
If any of your information changes, such as your mailing address or email address, you must notify the Company as soon as possible.
4.2 Creation rules
4.2.1 The Account name is not visible to other users.
The public username differs from the Account name and is visible on Forums and in-game. The owner of an Account is known to other users through his/her nickname. The nickname identifies you as a person. In the Games, the character name is complementary to the Account nickname. It is visible to other users. The character name corresponds to the role you play in-game. The guild name and team name are visible to other users in-game.
4.2.2 The Account name, the nickname, character names, guild names and team names, as a minimum, must:
- correspond to a pronounceable word (e.g. the word "ssdfzxjf" does not respect this rule);
- not refer to a political orientation, ethnic group, community, or religion;
- not be vulgar or insulting;
- not have a sexual or pornographic connotation;
- not include your first and/or last name;
- not resemble or imitate a registered trademark or a term protected by copyright;
- not promote a commercial service;
- not refer to a narcotic product or any other entity prohibited by law;
- not resemble or imitate the names of characters from the Games' universe or from any of the Company's other creations (non-player characters, heroes of the story…);
- not resemble or imitate the name of a moderator or an employee of the Company;
- not be spelled in an alternative way in order to circumvent the rules imposed above;
- not combine your first and last names, which, when put together, would contravene the rules provided for above.
Determining compliance or non-compliance with these provisions (in particular, compliance with the provision in relation to resemblance between the Account name, nickname, character name, guild name, team name, or another term) is at the Company's full discretion.
To ensure the security of your Account and to avoid the theft of an Account, commonly known as "account hacking", you undertake to:
- not give access to your Account to a third party. The loaning, sharing, exchange, donation, purchase, transfer, and sale of Accounts (or attempt thereof) are prohibited. The Company cannot be held responsible for any loaning, sharing, exchange, donation, purchase, transfer or sale of Accounts, which may give rise to the sanctions provided for in Article 7 of these TOU;
- take all measures to prevent a third party from accessing the Account you have activated, even without your knowledge;
- not play on a third party's Account;
- not give out your login details, i.e. the Account name, password, and secret answer;
- use a personal email address and not to share this email address;
- allow Magework Studios to easily contact you, for any reason whatsoever, via your email address.
126.96.36.199 The security of your Account is solely your responsibility, and Magework Studios shall not be held liable for damages that may result to your Account or your computer after losing or sharing your Account login details.
188.8.131.52 Magework Studios shall not in any way be held responsible in the case of Account theft or any changes that may result to your Account.
184.108.40.206 You also acknowledge that you are presumed to be the user of your Account, and, as such, are responsible for actions taken through the use of your Account and on your Account.
220.127.116.11 You acknowledge that you, and not Magework Studios, are responsible for all electronic communications and content sent from your computer, and that you must only use the Services in compliance with the law and the TOU.
ARTICLE NO. 5 : GAMES
Subject to the provisions of the TOU, the Company grants you a limited, non-exclusive, non-transferable and revocable license allowing you to access and use the Games and to download, install and use the Clients for your personal, non-commercial use. You acknowledge that the use of techniques to log on to the Games other than those provided by Magework Studios or one of its partners is prohibited.
Conditions specific to the Clients: Magework Studios authorizes you to install the Clients on any machine that you own or for which you have the rights to install computer programs and store the files in question.
5.2 License Limitations
The license granted to you is subject to certain limitations. Any use of the Games and/or Clients not conforming to the rules of Article 5.2 shall be considered as a breach of the Company's copyrights.
5.2.1 You may not reverse engineer, disassemble, decompile, edit or otherwise modify all or part of the Clients or Games, unless expressly permitted by Magework Studios or the legislation in force.
5.2.2 You may not modify the Games or Clients (with the exception of updates). You may not modify, or cause to be modified, any files that are part of the Games or the Clients in any way not expressly authorized by the Company, and you may not make any derivative works of the Games.
5.2.3 You agree not to use or create pirate servers, proxies, emulators or any other elements of this type to connect to the Games. You may only use the tools and methods offered and accepted by Magework Studios to connect to the Games.
5.2.4 You may not use the Client to develop any computer program.
5.2.5 You agree not to create, use, advertise, or promote any program or tool capable of causing damage to the Games or the Clients, or of altering the experience of the Games, including (but not limited to) bots, viruses, Trojan horses, piracy tools, cheats, automation software, mods, or any other unauthorized software intended to modify the Games or the Clients.
5.2.6 You agree not to intercept or spy on the communication protocols used by the Company, nor to use an interceptor for the data or the protocol. As such, you may not emulate these protocols, collect data via packet-sniffing, or transfer these protocols or data to another protocol (tunneling).
5.2.7 You shall not develop or distribute modifications to the Clients using the features provided for this purpose in the form of modules (hereinafter the "Module" or "Modules") where the Company has not explicitly authorized the development thereof and published the related licensing agreements, nor develop or distribute Modules using other features, techniques, methods or functions other than those explicitly documented by Magework Studios. Any Module developed, distributed or used through the Client must be subject to a license for the development and use of the Modules.
5.2.8 You cannot resell all or part of the Clients and their accompanying files. Generally, you undertake not to use and exploit the Games and/or the Clients for any commercial purpose.
5.2.9 You agree not to distribute, even free of charge, all or part of the Clients and the accompanying files without the prior written permission of Magework Studios.
5.2.10 You agree not to create, use, or disseminate any program not distributed by Magework Studios which could be used to modify the characteristics of your Account or that of a third party, or which could adversely affect the servers or infringe on the interests of the Company.
5.2.11 You may not use the Games in any manner that could render them inaccessible, damaged, or inoperable.
5.3 Rules of Conduct/Prohibited Activities
5.3.1 You agree to refrain from insulting or threatening other users or Company staff, and to refrain from all racist, shocking, offensive or discriminatory speech, and from any speech that is illegal under French, European or international law, irrespective of the language used. Magework Studios cannot be held responsible for any breach of this Article.
5.3.2 You also agree to refrain from: "spamming", "flooding", or sending commercial offers of any nature to other users; cheating, stealing Accounts, characters or items from any Account, or attempting to do so; threatening, harassing or embarrassing other users by any means whatsoever; providing other users with personal information about yourself or other players; and collecting information in the Games.
5.3.3 You are prohibited from proceeding with any form of advertising or in-game commercial promotion via the communication methods provided to you as part of the Games. Magework Studios may nonetheless authorize, at its sole discretion, the dissemination of fan websites and other guild forums related to the universe of the Magework Studios games, provided they do not contain any content that may harm the legislation in force and the TOU.
5.3.4 In the Games, each discussion channel has its function. You agree to use the discussion channels in accordance with their purpose. The use of chat channels which is not in accordance may be sanctioned, especially when done in an abusive and deliberate way.
5.3.5 You are prohibited from selling or exchanging, in the Games, on the Forums, or anywhere else, Magework Token or Blood Runes acquired on the Websites.
5.3.6 Magework Studios may record, analyze and/or erase your written, public communications in order to ensure that your communications comply with legislation and the TOU. You acknowledge that you, and not Magework Studios, are responsible for all intra-game communications and content sent from your computer and that you must only use the Games in accordance with legislation and the TOU.
5.3.7 You agree not to use loopholes, bugs or any other type of error to obtain advantages in-game (including, but not limited to, gaining experience, gaining items, gaining time, bypassing restrictions, duplicating items or golds), nor to promote the use of these. Similarly, you undertake to immediately notify Magework Studios via its Support department when you notice a loophole or error in the Games.
5.3.8 You agree not to participate in, organize or be involved in an attack against Magework Studios's servers.
5.3.9 Generally, use of the Services must not violate national and international legislation and regulations.
5.4 Game Elements
You acknowledge that the Game Elements (Golds, Blood Runes) have no financial value in the real world. It is strictly prohibited to exchange them for real money. Generally, the loaning, sharing, exchange, donation, purchase, transfer, and sale of Game Elements (or attempts to do so) outside of the Websites, the Games and their rules, are strictly prohibited and may give rise to sanctions on your Account.
In order to improve the Game experience, Magework Studios reserves the right to issue updates or patches to the Clients and the Games (hereinafter the "Updater"). For these updates and patches to be effective, and so you can continue to play the Games, you agree to install these Updaters. The Games, the Clients, and their updates constitute an indivisible whole, inseparable from their components, which remain subject to the TOU.
ARTICLE NO. 6 : Magework Token and Blood Runes
This Article governs your use of Magework Token and Blood Runes (hereinafter collectively referred to as the "Credits").
The purchase of Magework Token is done through your Magework, Magework Tokens are a virtual currency, you can exchange them for Blood Runes, for the Nightmare game.
Blood Runes is a virtual currency only used on the Nightmare game, they can be obtained in exchange for the Magework Token mentioned above, by steam packages but also in certain game events.
ARTICLE NO. 7 : SANCTIONS
7.1 In the event that one or more of the provisions of the TOU or of any other document incorporated herein by reference is violated, Magework Studios reserves the right to terminate or limit, without prior notice and at its sole discretion, your use and access to the Services, to your Account, and to all Magework Studios Websites, and to sanction you concerning the Games. Sanctions are specific to certain Services and, in particular, to the Games and the Forums. In the event of a contradiction with this Article, the specific sanctions shall take precedence over the TOU.
7.2 The sanctions depend on the seriousness of the breach. They may include, but are not limited to, the following sanctions:
- Warning: Warnings have no direct consequence for the Account. You may continue to use the Services without any change. Warnings exist primarily to warn you that you are at risk of greater sanctions if you continue to breach the rules set out by the TOU.
- One-Day (1-day) Bans: A one-day ban is usually used in the event of a first substantial infringement of the TOU. It is the first step that can be applied on the Account ban scale?
- Three-Day (3-day) Bans: Three-day bans are usually used in the event of repeat offenses. A three-day ban will make you understand that you incur real risks by not complying with the TOU.
- Seven-Day (7-day) Bans: Seven-day bans are usually used in the event of severe breaches.
- Fifteen-Day (15-day) Bans: Fifteen-day bans are the most serious sanction before the definitive closure of the Account. When an Account is suspended for fifteen (15) days, your conduct thereafter must be beyond reproach, otherwise, you risk being banned permanently.
- Definitive Bans: The Account is closed permanently, and you can no longer access it. This sanction is usually applied in the event of repeated offenses or of serious or unforgivable infringement of the TOU (notably, in the event where payment has been made without the permission of the individual owning the means of payment).
7.3 Magework Studios reserves the right to impose any sanction referred to in this paragraph on an Account, taking into account the seriousness of the breach, without necessarily first giving prior warning or applying a penalty of shorter duration. You agree that these sanctions are final and you cannot in any way challenge the decisions made by Magework Studios.
7.4 Magework Studios also reserves the right to change Account names, nicknames, character names, guild names, and team names that do not comply with the rules set forth above, as well as those that are deemed unsuitable by Magework Studios. Magework Studios may, where appropriate, temporarily or permanently suspend access to the Account or delete a guild or team name, without compensation.
7.5 Magework Studios reserves the right to suspend all of your Accounts permanently, depending on the seriousness of the offense.
7.6 In addition to the sanctions described above, Magework Studios may take appropriate sanctions, including civil prosecution and criminal proceedings against the offender.
7.7 If Magework Studios notices suspicious or abnormal behavior or operations on your Account, which may lead to a breach of the TOU, Magework Studios reserves the right, at its sole discretion, to block your Account for the time needed to perform verifications or conduct an investigation. Magework Studios will decide, at its sole discretion, to provide you with compensation, or not, if your Account is blocked.
7.8 If you have acquired, directly or indirectly, in-game items or money in a fraudulent manner (in particular through exploits, bots, cheating, farming, or theft), Magework Studios reserves the right to access your Account and delete all or part of your inventory.
Likewise, Magework Studios reserves the right to modify all of your characteristics (including your level, characteristic points, spell points, etc.) if it is proven that you have benefited from a loophole or any other techniques allowing you to increase your characteristics in a fraudulent manner.
7.9 Except as otherwise provided for in the TOU or through an exceptional arrangement with the Company, there will be no refund if the Account is banned before the end of the subscription period, if you have purchased a Starter Pack or virtual items.
7.10 The act of defaming, insulting, harassing, or threatening a member of staff, a representative, an Magework Studios moderator or any other person linked to or affiliated with Magework Studios or one of its partners and service providers, of engaging in behavior or of making remarks that are harmful, violent, obscene, vulgar, hateful, or shocking with regard to these same persons, of invading their privacy or in any other way infringing on their rights, may give rise to sanctions on your Account (s), whatever the means of expression used.
ARTICLE NO. 8 : SUPPORT
Support is only provided on the reference game's Discord, the development team will try to get back to you as soon as possible.
We do not provide any other type of support at this time.
ARTICLE NO. 9 : LIABILITY AND WARRANTY
9.1 Magework Studios will do everything possible to ensure the proper operation of its Services and provide you with the Services 24 hours a day, 7 days a week.
9.2 However, in this regard, Magework Studios is only bound by an obligation of means as regards access to and use of Services. Magework Studios cannot guarantee that the functionalities offered by the Services will always be available and free of typographical, technical or other errors, that flaws will be corrected, or that the Services or servers hosting them will be free of viruses and bugs.
9.3 For reasons of maintenance, testing, security, repairs, or any other reason, linked to the improvement and/or proper operation of the Services, these Services may be temporarily interrupted by Magework Studios, without engaging its responsibility. Magework Studios will, at its sole discretion, decide whether or not to provide you with compensation in the event of interruptions in Services.
9.4 The Company shall not be held liable in the event of force majeure as defined by law.
9.5 Magework Studios provides the Services while they are published. Magework Studios therefore reserves the right to cease publishing the Services and consequently to interrupt Services definitively; in the event of this, you will be notified of this by all means. Magework Studios could also interrupt the Services definitively in the event of a cessation of activity.
9.6 Unless stipulated otherwise by the law or in special conditions agreed upon expressly between Magework Studios and you, you acknowledge and agree that:
- The Services, Websites and their content are provided "as is" without any further warranties or any kind.
- You assume the risk of any and all damage or loss from use of, or inability to use, the service. For minor users, the responsibility rests with their legal representatives.
- Magework Studios DECLINES ALL RESPONSIBILITY FOR USE OF THE SERVICES THAT IS NOT IN ACCORDANCE WITH THESE TOU. Magework Studios SHALL NOT BE HELD LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES, LOSSES OF DATA OR PROFITS, WHICH MAY ARISE FROM THE USE OR NON-USE OF THE SERVICES, NEGLIGENCE, OR ANY OTHER REASON ASSOCIATED WITH THE SERVICES.
- ANY AND ALL COMMUNICATIONS BETWEEN Magework Studios AND YOU, WHETHER ORALLY OR IN WRITING, SHALL NOT CREATE
- ANY GUARANTEE WHATSOEVER NOT SET FORTH IN THESE TOU.
- Magework Studios shall not be held liable for any errors or omissions on your part.
- Magework Studios shall not be obliged, for whatever reason, to reimburse you in any amount in the event of failure.
9.8 Some countries do not allow the exclusion or limitation of liability. Therefore, the limitations or exclusions cited may not apply to you.
9.9 SUBJECT TO THE PRECEDING STIPULATIONS, SHOULD THE COMPANY'S LIABILITY BE ENGAGED IN THE FRAMEWORK OF YOUR USE OF SERVICES, THE AMOUNT OF ANY DAMAGES AWARDED TO YOU IS LIMITED TO THE AMOUNT OF THE SUMS YOU HAVE PAID IN THE FRAMEWORK OF ACCESS TO THE SERVICES OVER THE COURSE OF THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM.
ARTICLE NO. 10 : INTELLECTUAL PROPERTY/TRADEMARKS
13.1 All of the elements, features, tools and documents that are part of the Magework Studios universe and provided by Magework Studios (including, but not limited to, the Games, Clients, Updaters, Game Accounts, Golds, Magework Token, Blood Runes and any titles, computer code, themes, items, characters, character names, stories, dialogs, catchphrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-Game chat transcripts, character profile information, recordings or replays of Games, and server software) are protected by French and international law on copyright and intellectual property. All of these elements, features, tools and documents are the property of Magework Studios. Unless you receive prior written authorization from Magework Studios, you undertake to not sell elements from Magework Studios's creations and not promote this kind of activity, which harms Magework Studios's rights. Magework Studios will do everything to prevent such acts.
13.2 Any data relating to the Games, Services or Websites belongs to Magework Studios and is protected by French, European and international copyright law. You must therefore respect the prohibitions provided for in Articles 5.2, 5.3 and 5.4. You have no right, in whole or in part, to copy, reproduce, translate, extract, edit the source code, disassemble, decompile, modify, rent, sell, distribute or create derivative works based on the Games or content without the prior written consent of Magework Studios.
13.3 Any trademarks that appear on the Websites or in the Services are trademarks created by the Company or for which it holds the usage rights. You cannot use these trademarks without prior written permission from Magework Studios. You do not have permission to use meta-tags or any other "hidden text" using Magework Studios's names and trademarks without Magework Studios's prior and explicit written permission to do so. Other trademarks appearing on the Websites or in the Games that do not belong to Magework Studios belong to their respective owners.
13.4 Any non-compliant use ends the authorization or the license granted by Magework Studios.