CONDITIONS FOR USING THE DNASTORM.COM WEB SITE
This version is in use since December 7th, 2018
WELCOME TO THE DNASTORM.COM WEB SITE. PLEASE CAREFULLY READ THE FOLLOWING CONDITIONS BEFORE USING THIS SITE FOR IT REGULATES YOUR USE OF THE DNASTORM.COM WEB SITE. IT EXONERATES THE OWNERS OF THE DNASTORM.COM WEB SITE OR LIMITS HIS RESPONSABILITY ALONG WITH OTHER PERSONS INVOLVED AND CONTAINS OTHER DISPOSITIONS OF WHICH YOU SHOULD BE AWARE. IT ALSO DETERMINES YOUR ACCESS TO THE SERVICE SITE AND THE PAYMENT PLANS AVAILABLE AT OUR WEB SITE FOR THE PURCHASE OF AVAILABLE PRODUCTS.
The following conditions contain these dispositions
- Your acceptance of these conditions
- Authorisation for the use of this site
- Modification of the present conditions for its use
- Authorised ownership and use of the site
- Client account
- Purchase of DNA points
- Purchase at the Boutique
- Printing errors, availability and product prices
- Information on various brands
- Links, framing, copying, mirror image, in depth exploration of data, scraping and posting forbidden
- User names and password
- Conventions relating to software
- Non-sollicitated estimates
- Your information
- Denial of responsability, exclusions/limitations of responsability and indemnity
- Confidentiality of personal information
- Other sites/Ressources
- Applicable laws and other regulations
- Other questions
These general conditions were established in order to regulate the use of the accessible services of the dnastorm.com website. Dnastorm.com is on aonline gamesite offering a variety of products. It also offers the means for obtaining available products, either by purchase and the use of DNA points, or by the direct purchase of a product sold in our boutique. All of these methods are described below.
The Site is operated by DNA Storm Games Inc. (here-after known as The Site). The Site is an enterprise governed by Québec law and the head office is located here :
DNA Storm Games Inc.
60, F.P. Labrie
Mercier, QC J6R0G3
2. AGREEMENT WITH THESE CONDITIONS
The conditions for the use of the Site constitute an agreement between us and the persons you represent (a person is hereby understood to be a moral physical being of sound mind, incorporated or not and the user of the dnastorm.com («user of the Site ») as to your access and your use of the dnastorm.com site, all of its content, available information, products and services via this Site (collectively the « Site »). These conditions also confer benefits to affiliated businesses using the Site, its suppliers, service providers and other persons.
Every time you use the Site, you confirm that you and every person whom you represent accept to be bound, without limit or reserve by these conditions and you declare and guaranty that you have juridicial authority for acceptance of these conditions in your name and for all the individuals you claim to represent. If you do not accept each and every one of these conditions, if you are not authorised to accept these conditions or if you do not have the juidicial authority to accept these conditions for other persons you might represent, your access to the Site is not authorized. The Site is only available for practical and informative ends and is meant for supplying advice or recommendations, nor is it constituted as an offer to sell a product or service.
By accessing the Site, you also agree that the use of the Site might modify the present policies and conditions from time to time. In such cases, your continued use of the Site following such modifications constitutes your acceptance of these modifications.
These conditions are part of the conditions already binding in the use of the Site, including all transactions.
3. AUTHORISATION FOR THE USE OF THE SITE
3.1 Granting a limited licence for use of the Site and its services :
You are authorised to use the Site if you are of adult age where you reside and have the legal capacity to sign contracts under applicable laws. You may not use the Site if you reside in a jurisdiction in which its access or use is forbidden or illegal, in whole or in part. It falls upon you to determine if you may legaly use the Site and you must conform to all applicable laws and regulations. The owner of the Site reserves the right to ask for proof of age and identity (for example, proof of your right to purchase certain games).
Limitations of the license for the use of the Site :
The license which is granted to you in clause 3.1 is subject to the following limitations :
3.2.1 You will not create nor use codes with the aim of cheating automation software (bots), hacks, or any other non-authorised third-party software created to modify the service, the game or the game experience;
3.2.2 You will not purchase nor sell articles or ressources that could be used in a game, outside of the game, without authorisation from dnastorm.com;
3.3 Use of the Site by minors :
Parents must supervise the use of the Site by their underage children. Parents, as legal guardians, authorising the use of the Site by underage children, accept as such these conditions in their name and in the name of their underage children and declare that they are legal guardians for the use of the Site by their underage children. For purchases from the boutique, parents also accept the Final User License Contract (FULC) or any other Conditions for using the specified game.
4. MODIFICATION OF THESE CONDITIONS
The owner of the Site may, at his own discretion, modify the present conditions for its use from time to time by posting the revised conditions on the Site. By using the Site after such a posting, the user confirms his or her acceptance to being bound by the revised conditions. You may not, by any means modify the present conditions for using the Site.
5. AUTHORIZED OWNERSHIP AND USE OF THE SITE
The Site (including its content, titles, graphic components, icons, script and présentation, arrangement, coordination, image enhancement and all other information included in the text, audio and video files, images, icons, software, backgrounds, applications, data and all other available components on or through the Site) is the property of the owner of the Site and is protected by canadian and international laws, copyright and brand names, and other laws. Your use of the Site does not grant you any ownership or any other right of the Site or its content.
The Site is available to you strictly for legal and personal use. You are authorised to use the Site only in the manner expressed in the present conditions and is subject to all applicable laws. Use of the Site for any other ends or means is strictly forbidden.
You may print pages from the Site as long as no modification is made to those pages including erasing or altering identifications, trade names, warnings or denial of responsability, visible or not. No copying, imitation, reproduction, re-publishing, downloading, posting, transmission, modification, indexing, cataloguing, taking of mirror images or distribution in any format of the Site is permitted, in whole or in part without the expressed written permission of the owners of the Site. Any use of software for the exploitation of the Site or its equipment is forbidden except when used for the expressed conditions listed here.
6. CLIENT ACCOUNT
For access to our services, including the purchase of DNA points or products from the Boutique, you must establish a client account for the Site. You must fill a subscription form with all the required latest, true, exact and sincere information. You agree to update all your personal data in order to continually respond to our criteria. If any of the given information is proven to be false, erroneous, inexact, past date or incomplete, the owners of the Site reserve the right to suspend or close your account at any time and without warning. Your personal information is protected by the Charter which regulates personal information data at the Site http://www.dnastorm.com/en/legal. For more details, please refer to this document.
You agree to use the Service for yourself and will allow no third party to use it in you name or for your account, unless you are willinhg to accept full responsibilty. You are none the less responsable for maintaining the confidentiality of your password and identification relating to your account. The Site reserves the right to suspend or close your account at any time and without warning following any breach of the present paragraph. You will have to immediately contact the Site at the address mentioned in paragraph 23 of the present operating conditions, if you notice that your account was used without your knowledge. In such cases, you agree that the owners of the Site will take all appropriate measures. You also agree not to use the Site or Service for profit. You declare that you will not use the Site for commercial purposes.
7. PURCHASING DNA POINTS
When you've created your client account, you may, at your discretion, purchase DNA points that will be added to your account to be used on the Site. All DNA points credited to your account belong to you exclusively; their transfer to any other client account other than the purchaser's is forbidden.
At its discretion, the Site may offer you different point packages. The Site reserves the right to modify the price of these packages at its discretion. Each DNA point corresponds to a credit that allows you to buy products from the Boutique or games offered on the Site, such as described below.
8. PURCHASES FROM THE BOUTIQUE
You may purchase products at a given price, indicated in the description of said product, be it from the Boutique or DNA points. Prices indicated include all applicable taxes but delivery charges will be added to the price indicated. All transactions on the Site are in canadian dollars; prices that might be indicated in other currencies than the canadian dollar are only for reference and do not necessarily reflect the rate of exchange applied by PayPal at the time of payment. For an immediate purchase, click on «Immediate purchase ».
You will then be directed to a confirmation page in order to complete your purchase. This page will explain the handling and shipping fees pertaining to your purchase. Please confirm your co-ordinates and all other necessary details. Confirm your purchase by once again clicking one «Immediate purchase ». Once you have proceded with this final step in confirming your purchase and have given your personal information to the Site, a contract is completed between you and the Site. This contract cannot be voided and you must pay for your purchase.
When you confirm the purchase of a product, you contract an agreement with the owners of the Site and you must complete payment including delivery charges and applicables taxes. The Dnastorm.com Site allows you to pay for your purchase on-line through the PayPal system. With this option, you will be redirected to the PayPal site in order to finalize your purchase.
Once payment is made, you will be forwarded to a Site page where your invoice is posted. You will also receive an e-mail indicating a link that allows you to follow your order. The Site will manage your order within twenty-four (24) hours, during week days. The products are shipped by parcel mail delivery; a code number will allow you to trace your parcel. Delays in delivery time are determined by the postal service.
10. TYPOGRAPHICAL ERRORS AND MISTAKES, PRODUCT PRICES AND AVAILABILITY
Dnastorm.com makes every effort to supply updated and exact information on the Site. Nevertheless, it is possible from time to time that typographical errors and inexactitudes, omissions (including descriptions of products) or other miscues are introduced. Dnastorm.com cannot guaranty that the products and services offered on the Site are availavle when ordered or after ordering. Dnastorm.com does not guaranty the contents of the Site, including and not limiting the generality of what precedes the product descriptions or photos as being exact or complete.
Dnastorm.com reserves the right to : (a) correct any error, inexactitude or omission at any time, without warning and without being held responsible towards you or any other person; (b) modify at any time, the products and services announced or on sale on the Site, prices, fees, charges, description of products and services, any promotional offer and any other component of the content of the Site without notice and without being held responsible towards you or any other person; (c) reject, correct, annul or terminate any order, including accepted orders, for any reason and (d) limiting the quantity of products and services sold or available for sale.
The publicity and advertising on the Site are personal invitations for you to purchase products and services on the Site and not sales offers. All prices and other amounts appearing on the Site are calculated in canadian dollars.
11. BRAND NAME INFORMATION
DNASTORM.COM and all other trade names, slogans and logos featured or linked to the Site ( « Brand names ») are trade names and commercial names licensed and non-licensed, of service names and logos belonging to the Site and their owners or franchises.
Any use of band names not conforming with the present conditions are strictly prohibited. No mention appearing on the Site or elsewhere can be interpreted to mean an acceptance, by implication, preclusion or other for licensing or other right to use the brand names posted on the Site.
12. LINKS, FRAMING, MIRROR IMAGE COPIES, SCRATCHING, IN DEPTH EXPLORATION OF DATE AND POSTING ARE PROHIBITED
It is strictly porbidden to create links to the Site without express written authorisation from the owners of the Site. For permission to de so, please send a request by e-mail to email@example.com. At any time, the owners of the Site reserve the right to annul or revoke such authorisation aimed at creating a link to the Site, without warning and without being held responsible towards you or any other person.
Framing, copying, mirror image copying, scratching or in depth exploration of data from the Site or its content, by any means or form whatsoever is strictly prohibited. The use of visual or posting technologies or collaborative posting for your use of the Site is prohibited, along with posting comments, communications or any other form of data with the intention of allowing other users of the Site to see such postings.
13. USER NAME AND PASSWORD
Certain parts and elements of the Site are only accessible by individuals having a registered user name and password (collectively « codes ») allocated by the Site. For acces to the Site, these codes remain the property of the Site and can be cancelled or suspended at any time by the Site, at its sole discretion, without warning and without being held responsible towards you or any other person.
The Site is not under any obligation to verify the true identity or authority of persons using these codes for access to and use of the Site. The Site can act upon all received communications with the use of these codes. The Site can, at its sole discretion and at any time, demand a proof of identity from any person wishing to access the Site and can refuse access and use of the Site at any time in whole or in part or refuse to accept or act upon any communication if the owners of the Site are not satisfied with a proof of identity.
If you have received access codes : (a) you are totally responsible for the security of those codes, their use and misuse; (b) you will maintain the confidentiality of those codes at all times and will not divulge them to any other person nor allow others to use them; (c) you will ascertain that these codes are properly used and that their use conform to these present conditions; (d) once you have accessed the Site through these codes, you will not leave your computer open on the Site without having shut down your session and cut off access to the Site; and (e) you will immediately warn the Site by e-mail firstname.lastname@example.org if you are aware of or believe your codes have been lost, stolen or are know by other persons.
14. SOFTWARE AGREEMENTS
The Site can offer software for you to download from the Site or other Internet ressources. This software is protected by copyright. Its download and use is regulated by applicable contract agreements and the conditions specified by the software. When you download software, you confirm your acceptance of the applicable transaction agreement and the conditions for usage of the software.
From time to time, the Site may organise contests intended for the users of the Site and other persons. All contests are regulated by the present agreement and the applicable contest rules. When you participate in a contest through the Site, you confirm your agreement with the present conditions and any applicable contest rules.
16. NON SOLLICITATED SUGGESTIONS
In order to avoid misunderstandings and disagreements, the owners of the Site will not accept nor consider non-sollicitated ideas or suggestions (« suggestions »). If you send suggestions to the Site or to its owners, you automatically agree (or guaranty that the owner of the suggesiton grants) to the owners of the Site and to their partners, a perpetual licence and right, free of fees, irrevocable, unlimited, non exclusive, world, transferable and possibly granted to sub-contractors, relating to to the suggestion and all concepts, ideas, knowledge or connexed techniques associated with the suggestions, for any ends whatsoever, commercial or other, by any means or technology presently known or developped in the near future and this, without rewarding you or any other person, without any responsibility whatsoever and without need for confidentiality or other rights on the part of the Site or its partners, ans you agree, declare and guaranty that you renounce any such moral right, relating to to the non-sollicitated submitted information to the Site and its partners.
17. YOUR INFORMATION
Any information you forward to the Site, including information relating to to registration (name and e-mail), information relating to to payment (credit card numbers and expiration dates), and all information relating to a transaction, must be true, exact, up to date and complete. The Site relies on the information you supply. You alone will be responsible for any loss, damages and any extra cost that you, the Site or any other person due to any false, incorrect or incomplete information or due to your neglect in updating any information relating to your registration or information relating to payment within thirty (30) days of any changes whatsoever.
18. DENIAL OF RESPONSIBILITY, EXCLUSIONS/LIMITATIONS OF RESPONSIBILITY AND INDEMNITY
18.1. DENIAL OF RESPONSIBILITY
YOU ACCESS THE SITE AND USE IT AT YOUR OWN RISK. THE SITE IS OPENED TO YOU ON AN « AS IS » BASIS AND « AS AVAILABLE », WITHOUT ANY REPRESENTATION, GUARANTY OR CONDITION OF ANY KIND WHATSOEVER BE IT IMPLICIT OR EXPRESSED, INCLUDING AND WITHOUT LIMITING THE GENERALITY OF THE PRECEDING, A REPRESENTATION OR A GUARANTY RELATIVE TO THE EXACTITUDE, ACCESSIBILITY, ADAPTATION TO A PARTICULAR USAGE, THE MERCANTILE QUALITY, OUTPUT OR DURABILITY, IN ALL MEASURES PERMISSIBLE BY LAW.
THE OWNERS OF THE SITE DO EVERYTHING IN ITS POWER TO OFFER PERFORMANCE IN MATTERS OF SECURITY, RELIABILITY, INTEGRITY AND AVAILABILITY. SERVICE UNDERGOES CONSTANT RESEARCH IN ORDER TO IMPROVE PERFORMANCE AND PROGRESS. THE OWNER OF THE SITE DOES NOT GUARANTY THAT THE SERVICE WILL BE TOTALLY EXEMPT OF ERRORS, MISTAKES OR FAULTS. YOU ASSUME ALL RISKS AS TO QUALITY AND PERFORMANCE OF SERVICE. THE SERVICE IS STANDARD AND IS NOT PROPOSED AS A REMEDY FOR PERSONAL CONSTRAINTS. THE OWNERS OF THE SITE DO NOT GUARANTY THAT ITS SERVICE WILL ANSWER YOU SPECIFIC NEEDS OR EXPECTATIONS. THE SERVICE IS OFFERED « AS IS » BASIS AND « AS AVAILABLE », WITHOUT ANY GUARANTY OR CONDITION. THE OWNERS OF THE SITE DO NOT GUARANTY INTERRUPTED USE OR SUPPLIED SERVICE UNDER THE PRESENT CONDITIONS OF SERVICE.
18.2. RESPONSABILITY EXCLUSIONS
THE OWNERS OF THE SITE AND ITS SUPPLIERS WILL NOT BE HELD RESPONSIBLE TOWARDS YOU OR ANY OTHER PERSON FOR LOSS OR DAMAGES DUE TO THE PRESENT CONDITIONS, INCLUDING BUT NOT LIMITED TO THE GENERALITY OF THE PRECEDING, LOSS OF DATA, OF BUSINESS, OF MARKETS, OF REVENU, OF SAVINGS, OF PROFITS, OF USAGE, OF PRODUCTION, OF REPUTATION, CLIENTE FORSEEN OR NOT (BE THEY CONTRACTUAL, CIMINAL OR TARGETED BY ANOTHER PRINCIPLE OF LAW OR EQUITY), ATTRIBUTED OR LINKED TO YOUR USE OF THE SITE OR ITS USE BY ANOTHER PERSON, REGARDLESS OF THE FACT THAT DNASTORM.COM OR ITS SUPPLIERS MIGHT HAVE BEEN INFORMED OF THE EVENTUAL LOSSES OR DAMAGES.
18.3. ACKNOWLEDGEMENT AND STATUTORY EXCLUSION IN CERTAIN JURISDICTIONS
THE EXCLUSION OF CERTAIN GUARANTIES AND THE LIMITATION OF CERTAIN RESPONSABILITIES ARE PROHIBITED IN CERTAIN JURISDICTIONS. THESE STATUTORY INTERDICTIONS COULD BE APPLICABLE TO YOU.
19. CONFIDENTIALITY OF PERSONAL INFORMATION
Gather, use and divulge your personal information in accordance with its Charter relating to its protection of personal information that you can consult here http://www.dnastorm.com/en/legal. The owners of the Site can modify its Charter relating to its protection of personal information from time to time, at its complete discretion, without warning and without implicating a responsibility towards you or any other person, by adopting a Charter relative to the protection of revised personal information, accessible through the Site. Accepting the present conditions by its use and every time you use the Site, you consent to the owners of the Site gathering, using and divulging your personal information in accordance with its Charter relative the protection of personal information as it exists at the pertinent moment.
20. OTHER SITES/RESSOURCES
For your convenience, the Site can include links or referal to other internet sites or resources and to third party businesses (collectively called « other sites »). These other sites are independant to Dnastorm.com, and the owners of the Site are in no way responsible for their activities, products, services or content and has no control over them. The owners of the Site do not sponsor nor recommend other sites, their activities, products, services or content, unless expressly indicated in writing. If you use other sites and do business with their owners, you do so at your own risk and agree that you cannot present a claim to the Site regarding your use of other sites or for your relations with their owners. Between you and the owners of the Site, the present conditions for usage, with every necessary adaptations, apply to your access and your use of other sites and their activitie, products, services and content.
Notwithstanding any other disposition contained in the present operating conditions, the owners of the Site can, at their complete discretion, modify, discontinu, restrict, suspend or terminate the Site, in whole or in part, without warning and without taking responsibility towards you or any other person. The owners of the Site can, at their complete discretion and for practical purposes, temporarily or permanently and at any time, terminate the present operating conditions, or your authorisation to access and use the Site without warning, and without taking responsibility towards you or any other person.
If the present operating conditions or your authorisation to access and use the Site in whole or in part is terminated for any reason whatsoever, the present operating conditions and any other existing agreement between you and the owners of the Site will continu to be applied and to bind you to the previous access and use of the Site and to any other related matter.
22. APPLICABLE LAWS AND SETTLEMENTS OF DIFFERENCES
The present operating conditions, your authorisation to access and use the Site and any other existing agreement are regulated by canadian law. Any disagreement between you and the owners of the Site or any other person, attribuable or linked to the Site or to these present operating conditions or any other connex matter (collectively « the disagreements»), must be regulated before a canadian tribunal, based in the city of Montreal, province of Québec, in Canada, and you must depend irrevocably and exclusivly the competance of these tribunals in regards to these differences.
23. OTHER QUESTIONS
If one of the dispositions of these present operating conditions be judged to be illegal, nul or unapplicable for any reason whatsoever, that disposition wil then be repudiated and removed from the present operating conditions and the other dispositions will remain fully applicable.
The dispositions of the present operating conditions apply to the profit of the owners of the Site and its suppliers and their successors, legal holders and associates, and also apply to your profit and the benefit of your heirs, executors, administrators, successors, legal holders and last will executors who are bound to you. You cannot transfer or cede the present operating conditions or their rights and obligations that they confer upon you without the express written agreement of the owners of the Site, that can be refused by the owners of the Site at their entire disgression. The owners of the Site can, on their part, cede the present operating conditions or their rights and obligations that they confer without your consentment.
No agreement or renunciation by one party of an error or default by another party under the present operating conditions : (a) must be interpreted as a continuous agreement or renunciation of an error or a default or any other agreement or defaul of these obligations or of any other obligation of that party; or (b) will not be contested if its not agreed to in writing by all parties.
The parties expressly agree and demand that these operating conditions and all the documents pertaining to them be written in french.
All rights that are not expressly aggred to by the present operating conditions are reserved for the owners of the Site.
You can contact the owners of the Site at the following addresses :
DNA Storm Games Inc.
60, F.P. Labrie
Mercier, QC J6R0G3
E-maIL : email@example.com