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TERMS OF SERVICE
Detroit: Community Play Twitch Extension
Last Update: June 18, 2020
The following is the Detroit: Community Play Twitch Extension (“Extension”) Terms of Service. This is a legally binding agreement between you (“User”, “you” and “your”) and Quantic Dream, 56 boulevard Davout, 75020 Paris - France (“Quantic Dream”, “we”, “our”).
These Terms of Service (hereinafter referred to as the "Terms of Service" or “Terms”) sets forth the terms and conditions under which you are authorised to install and use the Detroit Community Play Twitch Extension (hereafter the “Extension”), provided by Quantic Dream, 30 rue Raoul Wallenberg, 75019 Paris (France) ("QUANTIC DREAM" or "We").
Quantic Dream and its licensors reserve all rights not expressly granted to you.
When installing or using the Extension, these Terms of Service commits you to QUANTIC DREAM. Please read it carefully before installing or using the Extension. You acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not understand any of its provisions, you should check its meaning before installing and using the Extension.
By installing and using the Extension, you agree to be bound by these Terms of Service and QUANTIC DREAM's Privacy Policy accessible from the website https://quanticdream.com/privacy-policy. If you do not agree with any of these conditions, please do not install or use the Extension.
QUANTIC DREAM reserves the right to change, modify, add or delete articles of this Terms of Service at any time, in accordance with paragraph 2 below.
The terms and conditions of this Terms do not exclude the terms and conditions governing your use of any third party software product. Such third-party software may be integrated into the media containing this Extension or may be downloaded into the software package containing the Extension and may be necessary for the use of certain functions of this Extension, which use may be subject to your acceptance of and compliance with other third-party end-user licence agreements.
1. Use, Access and availability of the Extension
To conclude this contract, you confirm that you are 18 years old or older. The Extension is accessible provided that you comply with all terms and conditions contained herein.
To install and use our Extension as a Twitch broadcaster/streamer, you must have your own means of telecommunication and Internet access. You need an active Twitch account. You will be subject to the Twitch terms of service (including Twitch’s Community Guidelines) and the Twitch Privacy Policy. You warrant and represent that you agree to such Twitch terms.
We use our best endeavors to make the Extension permanently accessible, subject to maintenance operations affecting the Extension or the servers on which it is hosted. If it is impossible to access the Extension due to technical problems or problems of any kind, you may not claim any loss and has no right to claim any compensation.
We are bound by a best endeavors obligation; we cannot be held liable for damage resulting from use of the Internet such as loss of data, intrusion, viruses, breakdown in service, or similar.
2. MODIFICATION OF THESE TERMS
Quantic Dream reserves the right to modify these Terms by posting the amended Terms. The amended Terms shall enter into force after a thirty-day notice. In the event that such subsequent changes to these Terms are unacceptable to you or prevent you from continuing to comply with these Terms, you may terminate this Terms in accordance with the termination provisions of Article 9 below. By installing and/or continuing to use any updates or modifications to the Extension or by continuing to use the Extension after notice of any change to this Terms, you agree to all such changes to the terms of this Terms.
3. NON-EXCLUSIVE LIMITED USE LICENCE OF THE EXTENSION
Subject to your compliance with these Terms, Quantic Dream hereby grants you a limited non-exclusive, non-transferable, non-sub-licensable and personal licence to access, install and use the Extension for your personal use, until you or Quantic Dream terminate these Terms. These Terms also apply to any patches or updates you may obtain for the Extension. In accordance with, and without intent to limit the provisions set forth herein, the duplication, copying or any form of reproduction of the Extension or related information, documents or other content on any server or location for the purpose of duplication, copying or any other form of reproduction is expressly and explicitly prohibited.
You may not use, or allow others to use, the Extension or this Licence for any commercial purpose without obtaining a licence from Quantic Dream to do so.
All rights not expressly granted under these Terms are hereby reserved by Quantic Dream and, if applicable, its Licensors.
Installing the Extension is only permitted from an authorized source. You cannot yourself make the Extension available on a network where it can be installed by others.
4. OWNERSHIP OF THE EXTENSION
The Extension is owned and operated by Quantic Dream. This licence does not confer to you any title or ownership right in the Extension and should not be construed as a sale or transfer of intellectual property rights in the Extension.
Any right, title and interest in and to the Extension and all copyrights, trademarks and intellectual property associated and/or related thereto, as well as all copies (including, without limitation, patches, updates, copies, derivative works, titles and computer code), themes, objects, characters, character names, stories, dialogues, key phrases, locations, concepts, illustrations, images, animations, sounds, musical compositions, audio-visual effects, texts, operating methods, moral rights, "applets" incorporated into the Extension and any related documentation belong to QUANTIC DREAM or its Licensors.
The Extension is protected by national and international laws, treaties and conventions on copyright and intellectual or industrial property rights of any kind. This Extension may contain certain licensed items that have been licensed by third parties to QUANTIC DREAM (the "Licensors"). In this case, Licensors may protect their rights in the event of a breach of this TERMS. Any reproduction or representation of this licensed material, in any manner and for any reason whatsoever, is prohibited without the prior authorization of QUANTIC DREAM and, if applicable, its Licensors.
5. GRANT OF LICENCE
You agree to use the Extension, or any part thereof, only in a manner consistent with these Terms, and you shall not, directly or indirectly:
(a) sell, rent, lease, license, distribute, market, commercially exploit the Extension or any part thereof;
(b) use the Extension except for its intended purposes;
(c) copy, reproduce, distribute (including via a network server), display or use the Extension in a manner not expressly permitted in these Terms;
(d) reverse engineer, derive the source code, modify, decompile, disassemble, copy or create derivative works of the Extension, in whole or in part;
(e) remove, modify, disable, bypass any copyright, trademark indication, proprietary notice, label or security technology included in the Extension;
(f) create, develop, distribute or use any unauthorised software to gain an advantage in any online or other game mode;
(g) use the Extension or create, use, share and/or publish by any means whatsoever in connection with the Extension any material intended to infringe or violate the rights of a third party (including, but not limited to, any intellectual property, advertising or privacy rights) or to violate a duty of confidentiality;
(h) use, export or re-export the Extension in violation of any applicable law or regulation;
(i) behave in a manner prejudicial to the enjoyment of the Extension by other users (harassing or threatening other users, using abusive or offensive language, sabotaging a game, transmitting or spreading a virus, Trojan horse, worm, bomb, corrupted file or data, spamming, social engineering, scamming, cheating, etc.).
In addition, you agree to comply with any safety information, maintenance instructions or other relevant notices contained in the manual or other documentation accompanying the Extension.
6. CODE OF CONDUCT
You undertake not to make any comments that may be considered illegal, defamatory, insulting, racist, pornographic, discriminatory, immoral, violating the rights of third parties or contrary to the regulations in force.
7. EXCLUSION OF WARRANTY; LIMITATION OF LIABILITY
FOR RESIDENTS OF THE EUROPEAN UNION, THE GUARANTEES APPLY ACCORDING TO THE LAW IN FORCE.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE EXTENSION IS PROVIDED "AS IS" AND "AS AVAILABLE". QUANTIC DREAM AND ITS LICENSORS MAKE NO WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, AND DISCLAIM ALL OF THEM AND ALL OTHER TERMS, INCLUDING: (A) ITS CONFORMITY, ACCURACY, TIMELINESS, COMPLETENESS, RELIABILITY OR SAFETY (B) ITS SUITABILITY FOR A PARTICULAR USE; (C) IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT; (D) ITS MARKET VALUE; OR (E) YOUR SATISFACTION. QUANTIC DREAM DOES NOT WARRANT THAT THE EXTENSION WILL BE FREE FROM INTERRUPTION OR ERROR, THAT DEFECTS WILL BE CORRECTED OR THAT THE EXTENSION IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU ASSUME FULL RESPONSIBILITY FOR THE SELECTION OF THE EXTENSION TO ACHIEVE THE RESULTS YOU EXPECT, AS WELL AS FOR ITS INSTALLATION, USE AND RESULTS.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL QUANTIC DREAM AND ITS LICENSORS BE LIABLE FOR ANY DAMAGES OR INJURY SUFFERED IN CONNECTION WITH THE USE OF THE EXTENSION OR ANY ASSOCIATED THIRD-PARTY SERVICE, INCLUDING WITHOUT LIMITATION (A) ALL DAMAGES OF ANY KIND, WHETHER RESULTING FROM TORT (INCLUDING NEGLIGENCE AND BREACH OF A LEGAL OBLIGATION), CONTRACT, MISREPRESENTATION (WHETHER INNOCENT OR NEGLIGENT) OR (B) DIRECT DAMAGES; (C) ACCIDENTAL DAMAGES, (D) INCIDENTAL DAMAGES, (E) CONSEQUENTIAL DAMAGES, AND (F) INDIRECT DAMAGES.
NOTWITHSTANDING THE ABOVE LIMITATIONS OF LIABILITY, YOUR SOLE AND EXCLUSIVE REMEDY IN THE EVENT OF A DISPUTE WITH QUANTIC DREAM OR ITS LICENSORS IS TO DISCONTINUE USE OF THE EXTENSION AND, IF APPLICABLE, TO CLAIM DAMAGES FOR YOUR DAMAGES. THE MAXIMUM AGGREGATE LIABILITY OF QUANTIC DREAM AND ITS LICENSORS WITH RESPECT TO THIS TERMS OR THE USE OR ATTEMPTED USE OF THIS EXTENSION SHALL BE LIMITED TO EIGHTY EUROS OR THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE EXTENSION DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM, WHICHEVER IS GREATER.
NOTHING IN THIS SECTION 7 AFFECTS QUANTIC DREAM'S LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM QUANTIC DREAM'S NEGLIGENCE OR FOR FRAUD OR MISREPRESENTATION, NOR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
FOR THE PURPOSES OF THIS SECTION 7, QUANTIC DREAM'S LICENSORS, ITS DISTRIBUTION PARTNERS AND ASSOCIATED SERVICE PROVIDERS BENEFIT AS THIRD PARTIES FROM THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN AND MAY ASSERT THESE TERMS AGAINST YOU.
SOME COUNTRIES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OF LIABILITY DESCRIBED ABOVE, SO THE ABOVE CONDITIONS MAY NOT APPLY TO YOU. IN THESE JURISDICTIONS, THE FOREGOING EXCLUSIONS AND LIMITATIONS APPLY ONLY TO THE EXTENT PERMITTED BY THE LAWS OF SUCH JURISDICTIONS. IN ADDITION, YOU MAY HAVE ADDITIONAL LEGAL RIGHTS WITHIN YOUR JURISDICTION AND NOTHING IN THIS AGREEMENT SHALL AFFECT ANY RIGHTS YOU MAY HAVE AS A CONSUMER OF THE EXTENSION.
8. INDEMNIFICATION
You hereby agree to indemnify QUANTIC DREAM and its Licensors against all claims, costs and expenses (including attorneys' fees) arising, directly or indirectly, from your actions and/or omissions during the use of the Extension that do not comply with these Terms.
QUANTIC DREAM reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which case you will cooperate with QUANTIC DREAM to assert any available defence.
9. TERMINATION
These Terms remain in effect until terminated. You may terminate the Terms at any time by removing or uninstalling the Extension from your device.
These Terms will automatically be terminated by Quantic Dream if you fail to comply with any of the Terms hereof, after a formal notice has been served without success within eight days, unless it is of a particularly serious nature. In the event of termination for any reason, you must immediately uninstall the Extension.
All provisions of this Terms relating to warranties, limitations of liability, remedies and damages shall survive termination, to the extent provided by mandatory provisions of applicable law.
Exclusion for infringement of intellectual property:
You acknowledge that you have been informed that failure to comply with an intellectual property right of Quantic Dream or its Licensors may result in the immediate termination of the Terms. In particular, the sale or provision of content from the Extension to third parties, via social forums or via any or all means will result in the immediate termination of this Agreement, without prejudice to Quantic Dream 's right to sue the infringing player.
Exclusion if you fraudulently use or misuse the Extension:
You acknowledge that you have been informed that any attempt to circumvent the use of the Extension in order to distort the normal rules/use provided for by the Extension may result in the immediate termination of these Terms. Any information communicated by you to third parties on the possible implementation of means likely to circumvent the use may lead to legal action against you.
We also reserve the right, without notice and in our sole discretion, to terminate your license to use the Extension, if we are unable to continue providing the Extension to you due to technical or legitimate business reasons.
10. DATA MANAGEMENT
When installing and using the Extension as Twitch’s streamer/broadcaster, QUANTIC DREAM (or its service provider) may collect, store and process, the Twitch user name or login time for the functioning of the Extension and aggregate metrics for statistical purposes.
With respect to viewers/end-users’ answers to Extension questions, we and our service provider will only collect, store and use aggregate and anonymous metrics/data in statistic form.
The processing of personal data is necessary for the performance of these Terms to ensure the proper functioning of the Extension and to provide the best service experience.
Further details regarding the collection, processing and transfer of this data are described in QUANTIC DREAM's Privacy Policy, available online at https://quanticdream.com/privacy-policy.
In accordance with the General Data Protection Regulation (GDPR), you have the right:
- to access your data,
- to correct, update or complete your data when it is inaccurate, misleading, incomplete or out of date,
- to erase your data ("right to be forgotten"),
- to oppose or limit the processing of your personal data,
- to request data portability.
To exercise these rights, please send your request:
- By e-mail to the following address: [email protected]
or
- Or by mail: Quantic Dream, 56 boulevard Davout, 75020 Paris (France)
Please attach a copy of your identity card or equivalent.
QUANTIC DREAM will respond to your request within one month of receiving your request.
In accordance with the GDPR, this period may be extended by two further months where necessary, taking into account the complexity and number of the requests received by QUANTIC DREAM.
In this case, we will inform you of the extension and the reason for it within one month of receiving your request.
QUANTIC DREAM has appointed VIRTUAL DPO as the outsourced Data Protection Officer (DPO). If you have any questions, you can go directly to our DPO's website www.virtual-dpo.fr or www.mondelegueauxdonnees.fr .
You can also address any complaints to the national supervisory authority in your country (such as the CNIL if you are a French resident).
11. WARNING ABOUT THE RISK OF EPILEPSY AND THE PRECAUTIONS TO BE TAKEN WHEN USING A VIDEO GAME
Some people are likely to have seizures or loss of consciousness when they see certain types of flashing lights or frequent elements in our daily environment. These people are exposed to seizures when they watch certain television pictures or play certain video games. These phenomena may occur even though the subject has no medical history or has never had an epileptic seizure. If you have ever had symptoms related to epilepsy (seizure or loss of consciousness) with light stimulation, please consult your physician before use. In any case, please observe the following rules when using a video game:
- avoid playing if you are tired or sleep-deprived;
- make sure you are playing in a well-lit room;
- during use, take breaks of ten to fifteen minutes every hour.
12. MISCELLANEOUS
These TERMS represent the entire legal agreement between you and QUANTIC DREAM with respect to the Extension and supersedes all prior agreements, representations, warranties or understandings between you and QUANTIC DREAM on the same subject matter.
If any part of the TERMS are found to be invalid or unenforceable under applicable law, including, but not limited to, the warranty exclusions and limitations of liability set forth above, then the invalid or unenforceable provision shall be deemed replaced by a valid and enforceable provision that most closely matches the intent of the original provision and the remainder of the TERMS shall remain in effect.
The failure or delay of QUANTIC DREAM (or its Licensors) to exercise any right or remedy provided by this TERMS or by law does not constitute a waiver of such right or any other right or remedy, nor does it prevent or restrict the further exercise of such right or remedy. The sole or partial exercise of such right or remedy shall not prevent or restrict the subsequent exercise of such right or remedy or any other right or remedy. The waiver of a right or remedy may only be considered to have occurred after the signature of a written declaration to that effect by QUANTIC DREAM or by you.
QUANTIC DREAM may assign this Agreement, in whole or in part, at any time. However, you may not assign, transfer or sub-license any or all of your rights or obligations under the TERMS without the express prior written consent of QUANTIC DREAM.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of the Extension arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labour disturbance, war, terrorism, fire, denial of service attack, internet outages, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are listed above.
You are not authorised to export, download or re-export the Extension to any country (national or resident) subject to an embargo in force.
13. APPLICABLE LAW
The Extension is intended for use and should only be used in countries where such use is legally permitted.
In the event of a claim or action relating to or resulting from this TERMS, 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, these TERMS are 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, these TERMS are governed by French law and the French courts have exclusive jurisdiction, unless the laws of your country of residence provide otherwise.
14. WAIVER OF CLASS ACTION
This Article 14 shall apply only to the extent permitted by the laws in force.
You agree not to initiate or participate in any legal or class action, general action with a private lawyer or class arbitration in connection with the Extension or this TERMS. You also agree not to seek to associate any action or arbitration in connection with the Extension or this Agreement with any other action or arbitration without the consent of all parties to this TERMS and any other actions or arbitrations.
- CONNECT WITH US:
