This End User License Agreement (“EULA”) governs your use of the game services including but not limited to the in-game chat (the “Services”) currently provided or which will be provided by HOMA GAMES , or any one of its subsidiaries or affiliated companies (collectively referred to as “HOMA”).
HOMA reserves the right, at its sole discretion, to change, modify, add or remove articles in this EULA at any time, in accordance with the procedures described below in Article 10.
By using the Services you represent that you are age 13 or older, or at least of the minimum age for consenting to personal data collection under the law in your jurisdiction. If you are under the legal age of majority in your country of residence, you may not enter into this EULA. Subject to any applicable laws, regulations or rules regarding minors, a parent or legal guardian who has accepted this EULA on their own behalf may permit a minor to use their account, provided that the parent or legal guardian acknowledges and agrees that they are legally and financially responsible for all actions using or accessing the Services, including the actions of any minor or child they allow to access their account.
1. ACCOUNT INFORMATION AND SECURITY
1.1. In order to use the Services, HOMA may ask You to create a game account and select a password and/or provide us with certain personal information. You shall provide accurate, up-to-date and complete information.
1.2. You can also choose to use a third-party social network, namely Facebook or Google, to connect to your game account, or to synchronize the data associated with your game, including, without limitation, your in-game chat history, your progress through the game, your purchases, or the level or score You have reached in the game.
1.3. The data associated with your game is synced between different devices only if You have connected your game to a Google or Facebook account. If You do not connect your game on a device to a Facebook or Google account, HOMA will not be able to restore any of the game content, or other data associated with your game to a different device if you lose, damage or change that device.
1.4. You are responsible for maintaining the security of your account. You undertakes that
You will not share your login details to anyone else or allow anyone else to use your login details or account. HOMA will treat all acts performed through your account as being performed by You. You therefore accept responsibility for all acts done using your account, whether or not authorized by You, and You understand You may be held liable for losses incurred by HOMA or any other user of the Services caused by someone else using your account.
1.5. If You become aware of any actual or suspected loss, theft, fraud, or unauthorized use of your account or Account password, please tell HOMA immediately.
2. GRANT OF LICENSE
2.1. HOMA grants You a worldwide non-exclusive, non-transferable, non-sublicensable and personal license to install and/or use the Services (the “License”), for personal and non-commercial purpose, for such time until either You or HOMA terminates this EULA. Updates, upgrades, patches and modifications may be necessary in order to be able to continue to use the Services.
2.2. As applicable, certain parts of the Services may be using third party features, some of which are managed by third-party providers for which additional terms and/or costs may apply. You must comply with such additional terms. For instance, if the Services is featuring a VoIP application, then You must comply with the associated wireless data service agreement when using the Services. Please review such additional terms and costs carefully.
2.3. You shall not, directly or indirectly (i) sell, rent out, lease, license, distribute, market, exploit the Services or any of its parts commercially, (ii) reverse engineer, decompile, disassemble, adapt, reproduce, or create derivate works of this Services, in whole or in part; (iii) remove, alter, disable or circumvent any copyright and trademark indications or other authorship and origin information, notices or labels contained on or within these Services.
3. USER CONDUCT AND CONTENT
3.1. While using the Services, You agree to comply will all applicable laws, rules and regulations. If any laws applicable to You restrict or prohibit You from using the Services, You must comply with those legal restrictions and, if applicable, stop accessing and/or using the Services. You also agree to comply with certain rules of conduct that govern your use of the Services, which are not meant to be exhaustive and can be modified at any time by HOMA. In all cases, You may only use the Services according to anticipated use of the Services. In particular, You shall not:
(a) modify, distort, block, abnormally burden, disrupt, slow down and/or hinder the normal functioning of all or part of the Services, or their accessibility to other users, or attempt to do any of the above.
(b) transmit or propagate any virus, trojan horse, worm, bomb, corrupted file and/or similar destructive device or corrupted data in relation to the Services, and/or organize, participate in or be involved in any way in an attack on HOMA’s servers and/or the Services and/or those of its service providers and partners;
(c) make inappropriate use of the help service or the claim buttons or send untruthful reports to members of HOMA’s personnel;
(d) falsely claim to be an employee or representative of HOMA or its partners and/or agents;
(e) falsely claim an endorsement in connection with the Services or with HOMA.
3.2. The information, data, sound, photographs, graphics, video, messages, tags, usernames, or other materials that You create, upload, post, publish, transmit or otherwise make available on or through the Services, including in particular your profile picture, your in-game text or video chat (the “User Content”) shall be true, accurate, and complete at all times. In addition, your User Content shall be free of viruses, adware, spyware, worms, or other malicious code. Any User Content shall comply with the following rules of conduct:
(a) User Content shall not be, or could reasonably be considered as, unlawful, harmful, threatening, unlawful, abusive, harassing, defamatory, libellous, disparaging, obscene, sexually explicit, or racially, ethnically, or otherwise objectionable.
(b) User Content shall not be, or could reasonably be considered as, toxic and/or abusive behaviour, or behaviour that is intended to unreasonably undermine or disrupt the game experiences of others or affect other users.
(c) User Content shall not be, or could reasonably be considered as, invasive of another’s privacy or violate any privacy rights.
(d) User Content shall not infringe any intellectual property right or other proprietary rights of any third party.
(e) User Content shall not be viewed as likely to incite violence, terrorist activities, racial or ethnic hatred, or the committing of an unlawful act (in particular, piracy, cracking or circulation of counterfeit software).
(f) User Content shall not consist in any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation.
3.3. HOMA has the right to remove any of your User Content if, in its opinion, it does not comply with this Article 3. HOMA also has the right to disclose your identity to any third party who is claiming that any of your User Content constitutes a breach of its intellectual property rights or its right to privacy. We will also disclose your User Content to other third parties or government bodies where we are legally required to do so.
4. MONITORING USE OF SERVICES AND USER CONTENT
4.1. HOMA has no obligation to monitor the Services for inappropriate or illegal User Content or the conduct of other players, and HOMA takes no responsibility for such conduct. You are responsible for your interactions with other users. HOMA is not responsible for information or materials provided by other users (for instance, in their profiles) and User Content is not approved by HOMA.
4.2. By using the Services, You understand that when using the Services, You may be exposed to conduct that you might find offensive or otherwise objectionable. HOMA does not endorse any User Content posted on the Services, and nor does HOMA guarantee its truthfulness or accuracy. However, if someone is violating this EULA or misusing the Services, please let HOMA know by using the “Report” button provided in the Services or contacting us at Customer Support.
4.3. While HOMA has no obligation to monitor the Services, HOMA has the right, in its sole discretion, to monitor, record, or store your interactions with the Services or your communications with HOMA or other users when you are using the Services, including your communications through in-game text or video chat, in accordance with applicable privacy law.
4.4. If HOMA reasonably believes that You are in material breach of this EULA (including by repeated minor breaches), HOMA reserves the right to take any of the following actions, either with or without notice to You:
(a) delete, suspend and/or modify your account, parts of your account;
(b) suspend and/or terminate your access to the Services;
(c) correct, modify and/or remove any User Content that may be associated with your account.
HOMA may terminate the License granted to You under this EULA and/or suspend, modify or delete your account at any time without giving You any prior notice if You materially breach this EULA.
5. AVAILABILITY OF THE SERVICES
5.1. HOMA does not guarantee that the Services will be available, uninterrupted, or error-free at all times or at any given time. You agree that HOMA is not liable or responsible for any failure to perform, or delay in performance of, any of its obligations that are caused by events outside its reasonable control. Your local laws may provide You with a legal guarantee that the Services will be in legal conformity at the time of supply and during the life of this EULA with You. Under this legal guarantee, HOMA will be liable for lack of conformity of the Services and You may have a right under your local laws to: (a) have the Services brought back into conformity; or (b) a termination of this EULA. Other than this legal guarantee and to the fullest extent permitted by applicable law, no other warranties of any kind, express or implied, are included as part of this EULA.
5.2. To use the Services, You must have access to an electronic communication network. The connection costs (including but not limited to mobile providers’ and/or carriers’ costs), shall be exclusively borne by You. You acknowledge that the quality of the Services, the response time or access to certain features may depend on the capacities of your devices and of the electronic communication network. HOMA may in no case be held responsible for reduced user comfort. You acknowledge that the Services may not be available for use on all devices or through all carriers or network service providers.
6. INTELLECTUAL PROPERTY OWNERSHIP
6.1. All intellectual property rights in your User Content remains owned by You. You grant HOMA a worldwide, royalty free, non-exclusive license to use, reproduce, distribute, prepare derivative works of, or display your User Content. You grant HOMA the following rights as soon as they are made, for all exploitation modes and on any current or future format or medium,: (i) the right to reproduce or have reproduced the User Content using any technique ; (ii) the right to represent, have represented, publish, have published the User Content by any means, totally or in part, under any form whatsoever and in any languages; (iii) the right to adapt and modify the User Content, including by the addition of new material, the right to translate or have translated the User Content into any written or spoken language, including computer.
6.2. All intellectual property rights in and to the Services (including, without limitation, all text, graphics, music or sounds, all messages or items of information, fictional characters, names, themes, objects, scenery, costumes, effects, dialogues, slogans, places, characters, diagrams, concepts, choreographies, videos, audio-visual effects, domain names and any other elements which are part of the Services, individually or in combination) are owned by HOMA. Any reproduction or representation of these licensed materials in any way and for any reason is prohibited without HOMA’s prior consent.
6.3. This License confers no title or ownership in the Services and should not be construed as an assignment of any rights in the Services.
7. WARRANTY DISCLAIMER, LIMITATION OF LIABILITY
7.1. You expressly acknowledge that the use of the Services is at your own risk. THE SERVICES ARE SUPPLIED ON AN “AS IS” AND “AS AVAILABLE“ BASIS, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
7.2. HOMA does not make any representation or warranty of any kind, express or implied: (i) as to the operation of the Services, or the information, content, materials included thereon; (ii) that use of the Services will be 100% secure, uninterrupted or error-free; (iii) as to the accuracy, currentness, completeness, reliability of any information or content provided through the Services; (ii) as to the suitability of the Services for a particular use. Homa does not warrant that the Services is free of viruses or other harmful components. You assume all responsibility for selecting the Services to achieve your intended results, and for the installation of, use of, and results obtained from the Services.
7.3. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL HOMA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGE ARISING FROM THE USE OF THE SERVICES. However, nothing in this Article 7 shall affect HOMA’s liability for death or personal injury arising from HOMA’s negligence, for fraud or fraudulent misrepresentation, not any other liability which cannot be excluded or limited under applicable law.
8.1. You are solely responsible for any damage caused to HOMA, other users of the Services or any other individual or legal entity as a result of Your violation of this EULA.
8.2. You hereby agree to defend, indemnify and keep indemnified HOMA against any claims or alleged claims, liabilities, losses, damages and all costs (including lawyer’s fees), directly or indirectly attributable to Your fault and/or resulting from (i) a violation of any provision of this EULA, or (ii) your use or misuse of the Services. HOMA reserves the right to take sole responsibility, at its own expense, for conducting the defense of any claim for which You agreed to indemnify HOMA. The provisions of this Article 8 shall remain in force after termination of this EULA.
9.1. The EULA is effective from the earlier of the date You purchase, download or use the Services, until terminated according to its terms. You and Homa may terminate this EULA, at any time, for any reason. Termination by HOMA will be effective upon (i) notice to You, or (ii) termination of Your HOMA account (if any), or (iii) at the time of HOMA’s decision to discontinue offering and/or supporting the Services. This EULA will terminate automatically if You fail to comply with any of the terms and conditions of this EULA. Upon termination for any reason, You must immediately uninstall the Services.
9.2. Upon expiry or termination of this EULA, you may request deletion of your User Content. Homa will take reasonable steps to remove your User Content from active use, which may include suppression of your User Content in our systems. However, User Content may persist in our systems, including in back-up copies. We may also retain copies of User Content if we reasonably believe it is legally required.
10. CHANGES TO THIS EULA OR TO THE SERVICES
10.1. HOMA reserves the right, in its sole and absolute discretion, to revise, update, change, modify, add to, supplement, or delete certain terms of this EULA for security, legal, best practice or regulatory reasons. Such changes will be effective with or, as applicable, without prior notice to You. You can review the most current version of this EULA by clicking on the “EULA” link located on the Services. You are responsible for checking this EULA periodically for changes. If any future changes to this EULA are unacceptable to You or cause You to no longer be in agreement or compliance with this EULA, You may terminate this EULA in accordance with Article 9 and must immediately uninstall the Services. Your continued use of the Services following any revision to this EULA constitutes Your complete and irrevocable acceptance of any and all such changes.
10.2. HOMA may modify the Services for any reason or without any specific reason, at any time and at its entire discretion, in particular for technical reasons such as updates, maintenance operations and/or resets to improve and/or optimize the Services. You agree that the Services may install or download the modifications automatically. You agree that HOMA may stop to support previous versions of the Services upon availability of an updated version. HOMA also reserves the right to amend the rules of conduct set out in Article 3.
11. FORCE MAJEURE
HOMA shall not be liable for any delay or inability to perform its obligations resulting from an event beyond its control, which could not have been reasonably foreseen at the time of acceptance of this EULA and the effects of which could not have been avoided by appropriate measures.
12.1. The data controller for all personally identifiable information or personal data that are collected about You through or in relation to the Services is HOMA.
13. GOVERNING LAW
This EULA shall be governed by and construed in accordance with the laws of France, without reference to its conflict of laws principles. In your relationship with HOMA, You also benefit from the protection afforded to You by the mandatory provisions of the law of the country where you are domiciled.
14. COMPETENT JURISDICTION
14.1. In the event of a dispute between You and HOMA, You must send HOMA your complaints to the following address: email@example.com. If an amicable solution cannot be found, You can also try to settle your dispute via the European Commission's online platform for settling disputes between professionals and consumers, by clicking on this link: https://ec.europa.eu/consumers/odr/main/?event=main.trader.register&lng=FR. This platform helps consumers and professionals to settle their disputes online without going to Court.
14.2. If no amicable solution can be found, or if You prefer not to have recourse to a consumer mediation or online dispute resolution process, all disputes arising out of or in connection with this EULA shall be subject to the jurisdiction of the Courts in your place of residence.
14.3. In the event of a dispute with another user, in particular concerning User Content, You can send us your complaints to the following address: firstname.lastname@example.org.
15.1. If any court of competent jurisdiction or competent authority finds that any provision of this EULA is invalid, illegal or unenforceable, such provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this EULA shall not be affected. If any invalid, unenforceable or illegal provision of this EULA would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable to reflect HOMA’s initial intentions.
15.2. No failure or delay by HOMA to exercise any right or remedy provided under this EULA or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
15.3. If You have any questions about this EULA or have any requests for resolving issues arising from or in connection with this EULA, please contact us through email at email@example.com.
Last update: December 5th, 2023