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CONTRACTUAL TEXT

General terms of sale, use and rental

The full text of the terms that bind you to Starlancer SRL when you rent a Minecraft illimity server.

Last updated: 11 December 2017

Contents

BETWEEN: The natural or legal person subscribing to a rental plan listed in the online subscription form, duly completed by that person or by their representative, is the customer (hereinafter the "Customer" or "Subscriber").

AND: Minecraft illimity, which provides server rental services, is published by Starlancer SRL, 212 to 214 Rue Gheorghe Titeica, 014475 Bucharest, Sector 2, Romania.

Scope of application and acceptance of the terms

These general terms of use govern, without exception, the legal and contractual relations between the company Starlancer SRL, the users of the website http://www.minecraft-illimity.com and its various pages, and the services offered by Minecraft illimity on those pages, subject to any contrary provision confirmed in writing by Minecraft illimity.

Use of the web pages or services of the site http://www.minecraft-illimity.com constitutes unreserved acceptance by users of these general terms of use and rental. Without acceptance of these general terms of use, use of the site's pages and subscription to the services offered by Minecraft illimity is not permitted.

In the event of a conflict between the provisions contained in documents of different rank, the provisions of the higher-ranking document shall prevail.

Conditions for subscribing to the server rental service

Any user wishing to use the services offered on the site http://www.minecraft-illimity.com must complete a form made available on the site, answering accurately and truthfully the requests for information presented to them, failing which the contract is not eligible. The user certifies having first made sure that they meet all the conditions required to access the services they are accessing, in particular the age and licence conditions.

If, for whatever reason, the user no longer meets the required conditions, they must immediately stop using the corresponding server(s) and services. If and only if the reason is not of their own doing, the user may then request a refund of the rental in question in proportion to the period remaining until the end of their rental, within 48 hours of the occurrence of this new fact, by registered letter with acknowledgement of receipt addressed to the Customer Service department at the registered office address of Minecraft illimity stated above.

User's declarations

Minecraft illimity warns Users, and in particular persons holding parental authority, about the diversity and nature of the content accessible through the servers of the site http://www.minecraft-illimity.com, in particular the content of certain services, which may be liable to harm minors. The User undertakes to take all necessary measures to ensure the protection of minors who may use the chat services of the site http://www.minecraft-illimity.com. In any event, use of the site by a minor takes place under the sole control and responsibility of the User.

The User declares that they are aware:

  • that data circulating on the Internet is not protected against possible misappropriation, and that consequently the communication of any sensitive information is done at the User's own risk;
  • that it is their responsibility to take all necessary measures to protect the data and software stored on their computer equipment from contamination by viruses, in particular any viruses introduced by third parties via the Internet.

As a consequence of these declarations, the User releases Minecraft illimity from any liability relating to the risks described above.

User's obligations

The use of the services offered by Minecraft illimity takes place under the User's sole control, risk and responsibility. The User undertakes not to post on the website http://www.minecraft-illimity.com or on its web pages any content, whether in the form of text, images or otherwise, that breaches the law, and not to engage in any activity that is unlawful, that is likely to cause harm to Minecraft illimity or to a third party, or that disrupts the proper operation of the website http://www.minecraft-illimity.com.

The User is prohibited from distributing the following content, this list being non-exhaustive:

  • documents, information, statements or content that are contrary to criminal law, defamatory, obscene, violent, threatening, that incite hatred, violence or discrimination or acts falling under criminal law, that are racist, pornographic or similar, that infringe the right to privacy or that are by their nature likely to undermine respect for the human person and their dignity, equality between men and women, or the protection of children and adolescents;
  • content that uses, without authorisation, data belonging to third parties and protected under copyright, trademark or competition law.

The User is also prohibited, this list being non-exhaustive, from:

  • reselling and/or sub-letting a server;
  • diverting the server from its original use by means of third-party software;
  • transmitting over the network any files containing a virus or corrupted data;
  • removing any copyright notice or indication of ownership;
  • using the website in a way that hinders other Users' access to the said website;
  • transmitting information or documents of any kind for advertising or hacking purposes;
  • using ports other than those provided by the rental system.

Validity of the electronic signature

Any order form signed by the customer by "double click" constitutes an irrevocable acceptance that may only be called into question in the cases exhaustively provided for in these general terms and conditions of sale, such as the "right of withdrawal", and those in force under consumer law. The "double click", combined with the procedure for authentication, non-repudiation and protection of message integrity, constitutes an electronic signature. This electronic signature has the same value as a handwritten signature between the parties.

Liability

Minecraft illimity shall not be held liable for any malfunction of the Internet network resulting in failures in the administration, processing and/or management of the website, nor more generally for any problem relating to telecommunications networks, online computers, servers, Internet service providers, computer equipment or the website's software, nor for any indirect or intangible loss suffered by the user as a result of using the services and offerings provided by Minecraft illimity.

Downloading via the website and/or using data contained in the services and offerings of Minecraft illimity is carried out under the sole responsibility of the User, who alone is liable for any damage to their computer system arising from the downloads and the use of the data referred to above.

Exclusion of warranty and liability for any third-party content

Minecraft illimity gives no warranty and excludes all liability for any content, whether in the form of text, images or otherwise, accessible on the website http://www.minecraft-illimity.com or through third parties (links, emails).

Limitation of liability to intentional acts or gross negligence

In any event, the liability of Minecraft illimity is strictly limited to damage caused by gross negligence or intentionally. The same applies where the fault is committed by Minecraft illimity itself, by one of its corporate bodies or by an agent. In the event of force majeure, terrorist attack or natural disaster, all liability is excluded.

Where the liability of Minecraft illimity is excluded in accordance with these general terms and conditions of use and rental, this exclusion also applies to the personal liability of the employees, staff, contributors, representatives and agents of Minecraft illimity.

Term / Renewal / Termination

The rental contract is initially concluded for the contractual term chosen at the time of ordering. The User has a renewal feature allowing them to extend the service if it is a paid plan. In the case of a free plan, whether or not renewal is possible depends on the stock available. Minecraft illimity reserves the right to change its stock without being bound by any warranty or compensation of any kind towards customers.

Minecraft illimity reserves the right to settle an order pro rata to the amount paid if the order has not been paid in full by the customer within 5 days of its initiation.

The service contract is governed by these general terms of use and rental. The rental period begins to run from the moment the service is made available to the customer by Minecraft illimity. These general terms of service apply for the entire duration of the service contract, including in the event of extension and on every occasion the Minecraft illimity servers are used. Once the service contract expires, the service is automatically closed to the customer and their personal data becomes inaccessible to them. The termination process is automatic and takes place at the end of the last paid period. From that point on, the User's data may be deleted by Minecraft illimity after 2 days. Should the User fail to meet their obligations or breach these general terms of sale, Minecraft illimity reserves the right to terminate or suspend the contract without notice or compensation.

Payment terms

Payment for the services provided by Minecraft illimity is made at the time of ordering by:

  • bank card (VISA and MASTERCARD), PayPal and Paysafecard;
  • Audiotel and SMS, through the company Allopass.

The services are subject to VAT by virtue of the company's status as a limited liability company. Prices excluding tax (HT) are identified by the indication "ht".

Depending on the payment method chosen, transaction fees are borne by the customer. The final amounts are shown before an order is paid for.

Intellectual property

All software, information presentations, games, names, trade names, texts, comments, images, illustrations, product or service marks, inventions and, more generally, any creation of any kind whatsoever that is accessible through the Minecraft illimity website remain the exclusive property of their respective owners. The compilation and transmission of data, information, software and services take place under the control and responsibility of the User.

The User is authorised to use all of the programs, games, services and features made available to them within the online service http://www.minecraft-illimity.com, in compliance with the intellectual property rights of Minecraft illimity, of the program providers, of the game publishers or of any other rights holder, and with criminal law, it being understood that only private use is authorised. In particular, the User is personally responsible for holding the rights to use the services they use and may not hold Minecraft illimity liable on any grounds whatsoever if they themselves, or users of the server to whom they have granted access, did not hold the rights required to access it.

Personal data

As a reminder, in accordance with Law no. 78-17 of 6 January 1978, known as the Loi Informatique et Libertés, the User has the right to consult, modify and rectify any personal data brought to the attention of Minecraft illimity while using the services offered by the site. This right may be exercised by email from the customer area available on the site.

Applicable law - Disputes

These terms are governed by French law. In the event of difficulties in applying them, the User will have the opportunity, before taking any legal action, to seek an amicable settlement.

Financial terms

Payment may take place on the monthly anniversary date of the contract. Minecraft illimity also offers the option of renewing the contract at any time by changing the characteristics of the server as well as the rental duration. Reaching its expiry date will result in the immediate, or even permanent, suspension of the connection to the server. Non-payment of an invoice or late payment by the customer results in the automatic termination of this contract and therefore the interruption of the service or services provided by Minecraft illimity.

Amendments

The provider may change its prices at any time, provided that it informs the customer thirty (30) days in advance by email and/or by a clearly displayed notice on the website http://www.minecraft-illimity.com. If the customer refuses this change, they must terminate their contract. The price of services paid for in advance is guaranteed for the period concerned.

The Company reserves the right to modify the General Terms of Sale at any time; the modifications made by the Company apply immediately to orders placed after them; for orders currently being fulfilled, the customer may express by email their disagreement with the new general terms of sale within 7 days from the date the new General Terms of Sale are published online.

Right of Withdrawal

By way of derogation from Article L.121-20-2 of the French Consumer Code, the Customer no longer has a right of withdrawal from the date and time the service is provided. It is important to note that the service is set up instantly in the case of payment by bank card, PayPal and Paysafecard.

By way of derogation from Article L.121-20-1 of the French Consumer Code, the Customer has a right of withdrawal of 7 (seven) days if the service has not yet been set up (in particular in the event of a problem installing the service, a pre-order, or payment by cheque or bank transfer).

However, owing to the nature of payment via Allopass, codes that have already been entered are not refundable and, in the event of withdrawal, entitle the customer to a credit note on the site.

This right of withdrawal is exercised by message to the support service, which can be found at the following address: http://www.minecraft-illimity.com, and entitles the customer to a refund of the sums already paid by them within thirty (30) days of receipt of the notice. Any withdrawal request that fails to comply with the legal time limit or the formalities set out in the preceding paragraph will not be taken into consideration.

Service

Minecraft illimity reserves the right to suspend its operation for maintenance or updates to its services. Minecraft illimity will notify customers of planned maintenance or update operations where necessary, without being bound by any guarantee or compensation of any kind towards customers.

Support

For any complaint, information or question, our support service is available to you via our online form.

THE USER DECLARES THAT THEY HAVE READ THESE GENERAL TERMS OF USE AND RENTAL, HAVE FULLY UNDERSTOOD THEM AND UNDERTAKE TO COMPLY WITH THEIR TERMS AND CONDITIONS.

This text reproduces, laid out for the web, the contractual document signed at subscription. The original version is the file cgv.pdf, dated 11 December 2017. The other texts on the site: legal notice, privacy, cookies and refund.

A question about a point in the contract?

Write to support by ticket, in French, from the customer area.

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