1. ACCEPTANCE OF TERMS
A. By using DotEmu.com (other than to read this Agreement for the first time), User agrees to comply with all of the terms and conditions hereof. The right to use DotEmu.com is personal to User and is not transferable to any other person or entity. User is responsible for all use of User's Account (under any screen name or password) and for ensuring that all use of User's Account complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of User's password(s).
B. DotEmu SAS shall have the right at any time to change or discontinue any aspect or feature of DotEmu.com, including, but not limited to, content, hours of availability, and equipment needed for access or use.
2. DESCRIPTION OF SERVICES
Through DotEmu.com, DotEmu SAS provides User with access to a variety of resources, including video game online store, download areas, online playing areas, product information (collectively "Services"). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the TOU.
The content, organization, gathering, compilation, and other matters related to the Site are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights, and, the copying, redistribution, use or publication by a User of any such content or any part of the Site is prohibited.
4. EDITING, DELETING AND MODIFICATION
DotEmu SAS reserves the right in its sole discretion to edit or delete any information or content appearing on the Site and to remove any goods and services for sale. Upon notice published over the Service, DotEmu SAS may modify this Contract, or prices, and may discontinue or revise any or all aspects of the Site in its sole discretion and without prior notice. Modification of this Contract will be deemed effective upon publication on the Site with respect to transactions occurring after said date.
5. MEMBER ACCOUNT, PASSWORD, AND SECURITY
If any of the Services requires User to open an account, User must complete the registration process by providing DotEmu SAS with current, complete and accurate information as prompted by the applicable registration form. User also will choose a password and a user name. User is entirely responsible for maintaining the confidentiality of User’s password and account. Furthermore, User is entirely responsible for any and all activities that occur under User’s account. User agrees to notify DotEmu SAS immediately of any unauthorized use of User’s account or any other breach of security. DotEmu SAS will not be liable for any loss that User may incur as a result of someone else using User’s password or account, either with or without User’s knowledge. However, User could be held liable for losses incurred by DotEmu SAS or another party due to someone else using User’s account or password. User may not use anyone else's account at any time, without the permission of the account holder.
6. SETUP AND PAYMENT
User represents and warrants that (i) the credit card information supplied is true, correct and complete and (ii) charges incurred by the User will be honored by the User’s credit card company and (iii) User shall pay charges incurred by User at the amounts in effect at the time incurred, including all applicable taxes.
7. REFUND POLICY
The payments are nonrefundable. However on a case per case basis DotEmu SAS can refund a purchase regarding the situation. Please use DotEmu.com contact form in Support area.
8. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
THE SERVICE, CONTENT, GOODS AND SERVICES FROM OR THROUGH THE SERVICE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE SOLE AND ENTIRE MAXIMUM LIABILITY OF COMPANY, FOR ANY REASON, AND BUYER'S SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE PARTICULAR ITEMS PURCHASED. DOTEMU SAS AND ANY OF ITS AFFILIATES, DEALERS OR SUPPLIERS ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN DOTEMU SAS AND USER. THIS SITE AND GOODS AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. SOME STATE STATUTES MAY APPLY REGARDING LIMITATION OF LIABILITY.
9. LINKS TO THIRD PARTY SITES
THE LINKS IN THIS AREA WILL LET YOU LEAVE DOTEMU.COM. THE LINKED SITES ARE NOT UNDER THE CONTROL OF DOTEMU SAS AND DOTEMU SAS IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. DOTEMU SAS IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY DOTEMU SAS OF THE SITE.
DotEmu SAS shall have the right, but not the obligation, to monitor the content of DotEmu.com to improve the services, to determine compliance with this Agreement and to satisfy any law, regulation or authorized government request. DotEmu SAS shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on DotEmu.com. Without limiting the foregoing, DotEmu SAS shall have the right to remove any material that DotEmu SAS, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
Either DotEmu SAS or User may terminate this Agreement at any time. Without limiting the foregoing, DotEmu SAS shall have the right to immediately terminate User's Account in the event of any conduct by User which DotEmu SAS, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement.
This Agreement and any operating rules for DotEmu.com established by DotEmu SAS constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of France, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
13. COPYRIGHT NOTICE
DotEmu SAS its logos are trademarks of DotEmu SAS. All rights reserved. All other trademarks appearing on DotEmu SAS are the property of their respective owners.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, email addresses, logos, people and events depicted herein are fictitious. No association with any real company, organization, product, domain name, e-mail address, logo, person, or event is intended or should be inferred.