EULA

This EULA governs relations between Tower Five and the Users pertaining to their use of the video game Loaders. Only natural persons are entitled to download/acquire/use Loaders.

By downloading, installing, or otherwise using Loaders the User acknowledges that he/she has read, understood, and unconditionally accepted the terms and conditions of this EULA and guarantees that he/she will observe them during the entire use of Loaders. If the User is minor, he/she shall become acquainted with this EULA with the help of his parents/legal guardians. Tower Five recommends parents or guardians to monitor their children’s online activities. To protect children’s privacy, Tower Five advises parents or guardians to check that their children never disclose their personal data without prior consent of their parents or guardians. Tower Five reserves the right to restrict access to certain services on age grounds and may allow the registration for certain services with parental approval when underage.

In the case that the User downloads Loaders through any Third Parties Platform, the User undertakes to review and comply with the terms and conditions of the owner of the respective platform, which may be changed from time to time and may provide for certain additional requirements applicable to downloading Loaders through that platform, its installation, and use.

1. TERMS AND DEFINITIONS

In this EULA, the following definitions, when capitalised, shall have the following meanings:

Account means the User’s account in Loaders.

Tower Five means the company Tower Five SAS, a company established and operating under the legislation of France. With its office set 6 Passage du Drakkar 17000 La Rochelle. Contact address: contact@towerfive.net

EULA this Tower Five End User Licence Agreement for Loaders, a legal document determining the terms and conditions and procedures for the User’s use of Loaders and all related services.

Game Client the software necessary for the User to play Loaders, to be installed on the User’s device. Loaders Game Client is installed by the User independently on its device.

Materials all content, information, and other materials within Loaders, including, without limitation, trademarks and logos, the visual interfaces, graphics, design, compilation, information, software, computer code (including source code and object code), text, articles, pictures, information, data, music, sound files, photographs, titles, themes, objects, characters, character names, game clans, a set of descriptions and images of characters in Loaders, the game world, stories, dialogues, catch phrases, concepts, artwork, animations, audio-visual effects, methods of operation, and documentation.

In-Game Assets shall mean virtual in-game objects, goods, elements of the game world and related services, and other digital content including webcomics, animations and sound effects provided in Loaders, as well as statuses, attributes or other features of virtual in-game items and/or characters, in-game achievements, which are non-activated data and commands that may be available for purchase in Loaders.

In-Game Currency virtual in-game currency which has no monetary value and is not subject to monetary valuation, although it has a price at the time of acquisition.

Territory territory where Loaders is available for installation.

Third Parties Platform any platform operated by a third party where the User may access and download Loaders like the Steam platform, operated by Valve Corporation or the Epic Games Store, operated by Epic Games or third party consoles like Microsoft Xbox, PlayStation® and Nintendo.

Unacceptable Content any kind of content or behaviour in connection with the use of Loaders that is either illegal or unacceptable under the generally accepted moral rules, including, without limitation, the following examples:

(i) engaging in or contributing to any illegal activity or activity that violates others’ rights;

(ii) content that is or could be reasonably viewed as unlawful, harmful, harassing, defamatory, libellous, obscene or otherwise objectionable and unacceptable;

(iii) providing information that is false, misleading or inaccurate;

(iv) disclosing of any personal or proprietary information of another User or any other person or otherwise invading other person privacy;

(v) abuse, harassment, stalking, threats, flaming or intimidation of any person or organization;

(vi) profanity or use of derogatory, discriminatory, hatred or excessively graphic language;

(vii) any content that may harm minors;

(viii) disseminating or advocating in any way hate, intolerance, discrimination, harm, racial or ethnic hatred, violence, crime or war;

(ix) offensive, vulgar, sexually explicit or pornographic content;

(x) promoting the use of alcohol, tobacco or any narcotic or illegal substances, firearms;

(xi) transmitting software viruses, worms or any other kind of harmful software;

(xii) unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation;

(xiii) hacking;

(xiv) infringing any intellectual property rights, or unlawful provision/disclosure of information (insider information, confidential information, other proprietary or legally protected information);

(xv) any content which has ambiguous connotations or which could be perceived negatively or cause hostility towards the Tower Five, other Users and/or third parties, create an unfriendly atmosphere among Users or lead to disputes or conflicts among Users;

(xvi) any content which Tower Five has received reasonable complaints from other Users;

(xvii) other unacceptable content or behaviour.

User means an individual who meets all the criteria listed herein.

Website – Towerfive.com and all domains and subdomains of the following levels.

2. GENERAL PROVISIONS

2.1 Loaders is a property of Tower Five. Loaders may be available on the Website, other websites (resources) of Tower Five or Third Parties Platform for download/acquisition/use and/or payment for Loaders. The availability of Loaders and features will vary between countries and Loaders nor all Loaders features may be available in the User’s country.

2.2 Any use of Loaders except as specifically authorised in this EULA, without the prior written permission of Tower Five, is strictly prohibited and may violate intellectual property rights and/or applicable laws. Tower Five may terminate the licence granted to the User at any time, with a prior notice, including where Tower Five reasonably considers that: (a) the use of Loaders by the User violates this EULA and/or applicable law; (b) the User fraudulently uses or misuses Loaders; or (c) Tower Five is unable to continue providing the User with Loaders due to technical or legitimate business reasons.

3. USER’S ACCOUNT

3.1 In order to use Loaders, the User may need to create an Account following relevant instructions, inter alia, fill in the registration form or create an Account using his/her social media account, or his/her account on a Third-Party Platform.

Where applicable, when registering an Account, the User may fill in the registration form with the data he/she considers sufficient for his/her identification in Loaders as a unique user, except for the mandatory fields of the registration form, filling in of which shall be obligatory for the User in order to use Loaders.

Where applicable, Tower Five, its affiliates and/or its partners may confirm the receipt of the User’s online application in order to create an Account electronically to the e-mail address or by SMS message to the telephone number provided by the User (not applicable to the Account created by the User using his/her social media account).

3.2 Should the User access and download Loaders via Third Parties Platform without having to create an Account, the User shall acknowledge that he/she is solely responsible for safely storing his/her game progress in Loaders.

3.3 The User’s Account is for his/her personal, non-commercial use. The Users are informed and accept that the information provided when opening their Account is presumed to establish their identity. The Users guarantee that all information provided is accurate and up to date. The Users undertake to update this information on their Account as soon as it is modified so that it always complies with these criteria. The User shall not share the Account or his/her login and password, nor let anyone else access his/her Account or do anything else that might threaten the security of the Account. The User shall maintain the confidentiality of his/her login and password.

3.4 In the event that the User becomes aware of or reasonably suspects any breach of security, including, without limitation, any loss, theft, or unauthorised disclosure of his/her login and password, the User must immediately notify Tower Five thereof and modify his/her login and password in case Loaders has such a functional. In the absence of such prompt notification, Tower Five cannot guarantee the safety of Loaders’s game process, the integrity of In-Game Assets and/or In-Game Currency.

3.5 The User is forbidden to distribute, use, or deliberately obtain any information granting access to the Account of another User, as well as distribute links to third party resources containing such information. It is forbidden to use or attempt to use another User’s Account, inter alia, to log into the Account registered by another User in the case of receiving such information or by other means.

4. IN-GAME ASSETS AND IN-GAME CURRENCY

4.1 Within Loaders the User acknowledges that Tower Five may provide the User with the opportunity to acquire additional In-Game Assets and/or In-Game Currency, in accordance with the rules outlined herein.

4.2 The In-Game Currency is not a means of payment and serves the sole purpose as a means of exchange for In-Game Assets. As a general rule, the In-Game Currency cannot be exchanged for cash or other valuables, except for the In-Game Assets during the usual course of Loaders. Any unused In-Game Currency cannot be converted back into cash under any circumstances.

4.3 The User may be provided with the opportunity to acquire for cash a limited, personal, non-transferable, non-sublicensable, revocable licence to use the In-Game Assets and/or the In-Game Currency exclusively from Tower Five and/or its authorised partners by using one of the approved payment methods provided.

4.4 Tower Five will credit the In-Game Currency to the User’s Account after receipt of the payment. The charge of the In-Game Assets and/or the In-Game Currency to the User’s Account shall be made as soon as possible. The User hereby acknowledges and agrees that due to circumstances beyond the control of Tower Five, there may be delays in receiving payment information from the payment processing systems regarding the User’s in-game purchases.

4.5 Tower Five does not guarantee, that (i) In-Game Assets that the User wants will be available at the time the In-Game Currency is credited to his/her Account, (ii)the User will be able to use the In-Game Assets for an indefinite or desired period, (iii) the User will be able to exchange the In-Game Currency for any or specific In-Game Assets, (iv) the characteristics or the intended use of the In-Game Assets will remain unchanged for the duration of the operation of Loaders or will meet the User’s expectations or preferences.

4.6 Tower Five shall not be liable for the User’s loss of In-Game Assets and/or In-Game Currency during Loaders process obtained as a result of participation in Loaders.

4.7 Taking into account the technical complexity of Loaders and the resources used for the operation of Loaders, Tower Five carries out regular maintenance diagnostics of Loaders. Tower Five may withdraw In-Game Assets and In-Game Currency already displayed in the User’s Account in case such maintenance diagnostics reveals that such In-Game Currency or In-Game Assets were accidentally displayed in the User’s Account, including because of a bug or an error.

4.8. If the User is a child under the applicable laws, he/she may acquire additional In-Game Assets and/or In-Game Currency within Loaders only with the parental consent. Tower Five may from time to time request the parental consent confirmation.

4.9. If Tower Five reveals that either parental consent was not given by the parent/legal guardian of the User, or in case of failure of the User to provide the parental consent confirmation, Tower Five may withdraw In-Game Assets and In-Game Currency already displayed in the Account of such User, as well as to apply other sanctions provided in this EULA.

4.10. Tower Five has the right at any time, without notifying the User and without explaining the reasons, to suspend or terminate the EULA without compensation for any costs, losses or refunds received under the EULA, including if the User does not use his Account for 12 (twelve) months or more, as well as in the event of any, including one-time, violation by the User of the terms of the EULA. For the avoidance of doubt, in the event of suspension or termination of the EULA for the reasons specified in this paragraph, the User’s rights to non-activated data and commands are terminated, and In-Game Items, including In-Game Currency, are subject to deletion from the User’s game account.

4.11. Purchases in the PlayStation™Store (applicable when Loaders is played on PlayStation® consoles).

4.11.1. Sony Interactive Entertainment of America

Purchase and use of items are subject to the Network Terms of Service and User Agreement. This online service has been sublicensed to you by Sony Interactive Entertainment America.

4.11.2 Sony Interactilibellousve Entertainment of Europe

Any content purchased in an in-game store will be purchased from Sony Interactive Entertainment Network Europe Limited (“SIENE”) and be subject to PlayStation™Network Terms of Service and User Agreement which is available on the PlayStation™Store. Please check usage rights for each purchase as these may differ from item to item. Unless otherwise shown, content available in any in-game store has the same age rating as Loaders.

5. RIGHT OF WITHDRAWAL

5.1. All fees payable for Loaders Games, the In-Game Assets and/or the In-Game Currency are non-refundable, except as expressly set forth in accordance with rules of Third Parties Platform and applicable legislation. All in-game sales are final. The In-Game Assets and/or the In-Game Currency are not subject to return or exchange unless it is otherwise provided for herein. By purchasing the In-Game Assets and/or the In-Game Currency, as well as exchanging the In-Game Currency for the In-Game Assets, the User understands and agrees that (i) the User’s access to Loaders may be terminated according to this EULA, and/or (ii) Loaders may be discontinued at any time for any reason, and that such events do not give rise to the User’s right to receive a refund of any sums paid for any used or unused In-Game Assets and/or In-Game Currency. In addition, the purchases are not refundable in the event that the user is dissatisfied with Loaders.

5.2. The transfer of the In-Game Assets and/or the In-Game Currency is prohibited except where expressly authorised in Loaders. Other than as expressly authorized in Loaders, the User shall not sublicense, sell, redeem or otherwise transfer or attempt to transfer the In-Game Assets and/or the In-Game Currency to any person or entity. Any such transfer or attempted transfer is prohibited and void, and may result in termination of the Users right to access to his/her Account and/or Loaders. Should it be provided by the functionality of other services of Tower Five and/or its affiliates, the Users may be allowed to exchange the In-Game Assets with each other, inter alia, for In-Game Currency.

6. LIMITED LICENCE

6.1 From the moment of acceptance of this EULA by the User, Tower Five grants the User a personal, limited, non-exclusive, non-assignable, and non-transferable licence to install and use Loaders in the Territory within the scope of its functionality and solely for personal and non-commercial use, and, in full compliance with this EULA and any other documentation accompanying, or being incorporated into Loaders.

6.2 The User agrees and acknowledges that any and all rights to intellectual property (including, without limitation, in Loaders and any related Materials) belong to Tower Five and/or its partners/affiliates (if applicable). Rights to intellectual property granted hereunder are licensed, but not sold. The licence granted hereunder confers no title or ownership on any Tower Five properties.

6.3 The User is expressly prohibited to:

sublicense, rent, lease, transfer, resell, gift, exchange, distribute, or otherwise use Loaders or its copies and/or his/her Account as well as disseminate of information about the intention to perform the actions listed above by the User or any third parties;
alter, merge, adapt, decompile, disassemble, modify, translate into other languages, or in any way change Loaders or any of its components;
create derivative works based on Loaders;
remove, alter, or obscure any product identification, copyright, or other intellectual property notices in Loaders;
use Loaders in any manner that could interfere with, disrupt, negatively affect, or reasonably inhibit other Users from using Loaders, or that could damage, disable, overburden, or impair the functioning of Loaders in any manner;
use Loaders in any way that breaches this EULA, including Loaders’ Rules and the Discord channel rules, any applicable local, national, or international law, or any other regulations and policies;
use Loaders for any purpose or in any manner that Tower Five considers as a breach of this EULA and contact our support team at contact@towerfive.net for relevant clarifications.

6.4 No other rights to Loaders or its parts are granted to the User hereunder, except for the rights expressly stated in this EULA.

7. USER CONTENT

7.1 Loaders, along its ongoing evolution, might offer the User the possibility to upload or transmit User Content. By transmitting or submitting any User Content, the User affirms, represents, and warrants that such transmission or submission is (a) accurate and not confidential; (b)not in violation Loaders Rules, Discord rules, contractual restrictions, any applicable laws and regulations, or third party rights, and that the User has permission from any third party, whose personal information or intellectual property is in the User Content; (c) such User content is free of viruses, adware, spyware, worms, or other malicious code; (d) the User acknowledges and agrees that any of his/her personal information within such content will, at all times, be processed by Tower Five and/or its partners/affiliates in accordance with Tower Five Privacy Policy; (e) the User grants Tower Five and its affiliates a non-exclusive, worldwide, perpetual, irrevocable, transferable, sub-licensable, limited right to use such User Content by any and all lawful means, inter alia, to reproduce, distribute, transmit, transcode, translate, broadcast, publicly display, publicly perform, make available to the public, modify, create derivative works from it; this license shall be deemed granted to Tower Five for the entire duration of the intellectual property rights to such User Content as soon as it is uploaded in Loaders or from the moment Tower Five otherwise acquires such rights, inter alia, from its affiliates.

7.2 Tower Five reserves the right in its sole discretion, for justified reason, to review, monitor, prohibit, edit, delete, disable access to, or otherwise make unavailable any User Content without notice. Tower Five assumes no responsibility for the conduct of any User submitting any User Content and assumes no responsibility for monitoring Loaders for Unacceptable Content or inappropriate conduct of the Users. Tower Five does not, and cannot, pre-screen or monitor all User Content.

7.3 The User acknowledges and agrees that his/her use of Loaders is at his/her own risk. By using Loaders, the User may be exposed to Unacceptable Content of other Users that is offensive, indecent, or otherwise not in line with his/her expectations. The User bears all risks associated with the use of any User Content of other Users available in connection with Loaders. At the discretion of Tower Five, its representatives or technology may monitor and/or record the User’s interaction with Loaders or communications with other Users (including, without limitation, messages) when the User is using Loaders. By entering into this EULA, the User hereby provides his/her irrevocable consent to such monitoring and recording. If, at any time, Tower Five chooses, in its sole discretion, to monitor Loaders, Tower Five nonetheless assumes no responsibility or limited responsibility for the User Content. Tower Five has the right, in its sole discretion, to edit, refuse to post, or remove any User Content.

8. SANCTIONS

8.1 Tower Five shall independently determine the fact of violation. In the case of violation of the EULA, inter alia, Loaders Rules, and/or Discord Rules by the User, Tower Five shall have the right to apply the following sanctions to the User, depending on the extent of the violation committed by the User and its adverse effect on Loaders process and other Users:

issue a warning in any form, including by means of e-mail and/or a personal message sent to the User’s account;
remove any User Content that violates any applicable law or breaches the EULA, inter alia, Loaders Rules, and/or Discord Rules;
rename, only if necessary (e.g. offensive name), his/her character, community, or organisation of gamers, as well as In-Game Assets;
temporarily restrict some features of the Account and/or Loaders’ Discord account (if applicable);
suspend access to one or more User Account(s) and/or his/her accounts on the Loaders’ Discord (if applicable) in its entirety;
restrict Loaders and/or Loaders’ Discord use fully or partially, including the options to purchase In-Game Assets and/or In-Game Currency;
temporarily restrict or permanently disable access to a Loader or some of its features;
temporarily restrict or permanently disable in-game services of communication and/or Loaders’ Discord use;
limit the number of connections to the server, as well as the duration of each connection for a specific period of time;
block IP addresses, MAC addresses, or proxies used to access Loaders;
delete his/her Loaders and/or Account;
withdraw In-Game Assets and/or In-Game Currency, both those currently displayed in the User Account and newly credited ones.

8.2 Tower Five will make reasonable efforts to provide the User with explanation on what the terms of this EULA, inter alia, Loaders Rules, and/or Loaders’ Discord Rules were violated by the User, as a result of which the sanctions were applied by Tower Five. Tower Five disclaims the obligation to present the User a documentary evidence of the violation.

8.3 Tower Five shall be entitled to prohibit the User to register new Accounts in case of the violation of the EULA, inter alia, Loaders’ Rules, and/or Loaders Discord channel Rules by the User. In case Tower Five finds that such User has multiple Accounts, Tower Five reserves the right to apply the foregoing sanctions to all Accounts of such User.

8.4. With regard to Loaders and/or its Discord channel, Tower Five reserves the right to employ available channels of communication with the Users to provide explanations and specify the list of sanctions that Tower Five may impose on the User, depending on the severity of violation committed by the User and its adverse impact on the game play and other Users.

9. HEALTH OF USERS

The following precautions should be taken by the Users:

Avoid playing if tired or short of sleep;
Play at good distance from the screen;
Play in a lit room and moderate the brightness of the screen;
Take breaks of ten (10) to fifteen (15) minutes every hour.

WARNING, SOME INDIVIDUALS ARE LIABLE TO HAVE EPILEPTIC FITS INCLUDING, IN CERTAIN CASES, LOSS OF CONSCIOUSNESS, PARTICULARLY WHEN EXPOSED TO STRONG LUMINOUS STIMULATIONS (RAPID SUCCESSION OF IMAGES OR REPETITION OF SIMPLE GEOMETRICAL FIGURES, FLASHES OR EXPOSURES). SUCH INDIVIDUALS ARE EXPOSED TO RISKS OF FITS WHEN THEY PLAY CERTAIN VIDEO GAMES CONTAINING SUCH LUMINOUS STIMULATIONS; TOWER FIVE HIGHLY RECOMMENDS THE USERS TO CONSULT THEIR DOCTOR BEFORE ANY USE OF LOADERS. PARENTS MUST ALSO PAY PARTICULARLY CLOSE ATTENTION TO THEIR CHILDREN WHEN THEY PLAY VIDEO GAMES. IF THE USER PRESENTS ONE OF THE FOLLOWING SYMPTOMS: DIZZINESS, VISION PROBLEMS, CONTRACTION OF THE EYES OR MUSCLES, DISORIENTATION, INVOLUNTARY MOVEMENT OR CONVULSIONS OR MOMENTARY LOSS OF CONSCIOUSNESS, THE USER MUST IMMEDIATELY STOP PLAYING AND CONSULT A DOCTOR OR HIS/HER PARENTS MUST COMPEL THEIR CHILDREN TO DO SO.

10. AUTOMATIC UPDATES TO LOADERS

10.1 With compliance to Third Parties Platform requirements and policies, in order to improve Loaders, Tower Five reserves the right to introduce automatic updates and changes into Loaders so long as the User’s device is connected to the Internet, without the User needing to install the said updates and changes manually. User acknowledges and agrees that some updates and changes to Loaders may lead to the system requirements increase. In order to ensure the efficiency of the mentioned updates and changes, and to enable the User to continue using Loaders, the User hereby expresses their consent to the introduction of such updates and changes by Tower Five. The User shall be solely responsible for ensuring that his/her device has sufficient system requirements and memory in order to use and store Loaders.

10.2 This EULA applies to any automatic updates (additions, modifications) to Loaders that are introduced by Tower Five by means of the Internet and which are not accompanied by a separate licence or other agreement.

11. WARRANTY DISCLAIMER

IF THE USER RESIDES IN THE EUROPEAN UNION OR EUROPEAN ECONOMIC AREA, THE FOLLOWING PROVISION APPLIES TO SUCH USER:

LOADERS IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. THEREFORE, USERS ACKNOWLEDGE THAT LOADERS MAY NOT MEET THEIR INDIVIDUAL PREFERENCES AND EXPECTATIONS. TOWER FIVE WILL MAKE ALL COMMERCIALLY REASONABLE EFFORTS TO ENSURE CONTINUOUS OPERATION OF LOADERS, ACCORDINGLY USERS ACKNOWLEDGE THAT LOADERS ISN’T ERROR-FREE AND MAY BE INTERRUPTED.

TOWER FIVE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE MATERIALS, LOADERS CONTENT, OR THE CONTENT OF ANY WEBSITES LINKED TO LOADERS.

TOWER FIVE DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES OF SAFETY, FREEDOM FROM VIRUSES, FREEDOM FROM BUGS, LEGALITY AND/OR RELIABILITY OF INFORMATION, DATA OR MATERIALS. TOWER FIVE DOES NOT WARRANT THAT THE PERFORMANCE OF USERS’ PERSONAL COMPUTERS OR OTHER DEVICES IS ADEQUATE TO USE LOADERS. USERS ARE ADVISED TO DETERMINE IN ADVANCE THE COMPUTER SYSTEM’S REQUIREMENTS FOR LOADERS AND WHETHER THEIR COMPUTER SYSTEM MEETS THOSE REQUIREMENTS. TOWER FIVE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH LOADERS, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APP FEATURED IN ANY BANNER OR OTHER ADVERTISING. TOWER FIVE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN THE USER AND ANY THIRD-PARTY PROVIDERS OF GOODS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, THE USER SHALL USE HIS/HER BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

IF THE USER RESIDES OUTSIDE THE EUROPEAN UNION OR EUROPEAN ECONOMIC AREA, THE FOLLOWING PROVISION APPLIES TO SUCH USER:

LOADERS IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, TOWER FIVE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH LOADERS AND USE THEREOF BY THE USER, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. TOWER FIVE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE MATERIALS, LOADERS GAME CONTENT, OR THE CONTENT OF ANY WEBSITES LINKED TO LOADERS. TOWER FIVE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM THE USER’S ACCESS TO LOADERS, (C) ANY UNAUTHORISED ACCESS TO OR USE OF TOWER FIVE’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM LOADERS, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH LOADERS BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA LOADERS. TOWER FIVE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH LOADERS, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APP FEATURED IN ANY BANNER OR OTHER ADVERTISING. TOWER FIVE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN THE USER AND ANY THIRD-PARTY PROVIDERS OF GOODS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, THE USER SHALL USE HIS/HER BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

12. LIABILITY

IF THE USER RESIDES IN THE EUROPEAN UNION OR EUROPEAN ECONOMIC AREA, THE FOLLOWING PROVISION APPLIES TO SUCH USER:

TOWER FIVE COMMITS ITSELF TO ACT WITH THE CARE AND DILIGENCE CUSTOMARILY USED IN THE PROFESSION IN ORDER TO PROVIDE FOR THE IMPLEMENTATION OF SERVICES DELIVERED TO THE USERS.

NEVERTHELESS, TOWER FIVE LIABILITY MAY NOT BE ENGAGED IN THE EVENT OF DELAY OR BREACH OF ITS CONTRACTUAL OBLIGATIONS IF THE DELAY OR BREACH IS DUE TO A CAUSE BEYOND ITS CONTROL: FORTUITOUS EVENT OR CASE OF FORCE MAJEURE.

IF THE USER RESIDES OUTSIDE THE EUROPEAN UNION OR EUROPEAN ECONOMIC AREA, THE FOLLOWING PROVISION APPLIES TO SUCH USER:

TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, NEITHER TOWER FIVE NOR ITS AFFILIATES, THEIR OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, OR PARTNERS SHALL BEAR ANY LIABILITY TO THE USER FOR ANY DAMAGE (INCLUDING, BUT NOT LIMITED TO, ACTUAL LOSSES, INCIDENTAL LOSSES, INDIRECT LOSSES, LOST PROFIT, OR LOST DATA, REGARDLESS OF WHETHER SUCH DAMAGE WAS PREDICTABLE OR NOT) ARISING IN CONNECTION WITH THIS EULA AND WITH THE USE OF LOADERS BY THE USER.

TOWER FIVE SHALL NOT BEAR LIABILITY FOR THE IMPOSSIBILITY OF INSTALLING OR LAUNCHING LOADERS ON THE USER’S DEVICE, AS WELL AS FOR ANY POSSIBLE ERRORS AND FAILURES IN GAME OPERATION. THE USER MUST CONNECT TO THE INTERNET IN ORDER TO USE LOADERS. ALL COSTS OF THE INTERNET CONNECTION SHALL BE INCURRED BY THE USER. TOWER FIVE SHALL NOT BE LIABLE FOR ANY DAMAGE CAUSED TO THE USER AS A RESULT OF CONNECTION TO THE INTERNET OR INSTALLATION OF MALICIOUS SOFTWARE ON THE USER’S DEVICE.

IF THE LIMITATION OR EXCLUSION OF LIABILITY IS PROHIBITED BY APPLICABLE LAW, TOWER FIVE LIABILITY MUST BE LIMITED TO THE MAXIMUM EXTENT PERMITTED.

13. DATA AND INFORMATION SECURITY

13.1 Tower Five is very concerned about the protection of personal data. The personal data collected by Tower Five in the context of the present document will be subject to automated processing in accordance with applicable law and Tower Five’s personal data protection rules. All information collected as part of the provision of the service is recorded by Tower Five, which is data controller. It is essential for the operation of the services offered by Tower Five.

In order to exercise one or more of his/her rights, the User must provide proof of identity and contact the person in charge of data protection at Tower Five (via our contact email contact@towerfive.net or writing to Tower Five’s mail address).

In the event of a complaint, it is possible to contact the authority of the User’s country of residence. If the User resides in France, he/she may oppose at any time any commercial canvassing correspondence and may also register on the list of opposition to telephone canvassing on www.bloctel.gouv.fr. Such User can also contact CNIL at www.cnil.fr.

13.2 The information submitted by the User in any way is to be accurate.

Although Tower Five does its very best uses reasonable efforts to ensure the confidentiality of the data information and has implemented appropriate technical and organisational measures to ensure and to be able to demonstrate that processing is performed in accordance with data protection regulation, the User understands that no security measures is perfect and that it can be circumvented.

13.3 The User understands and acknowledges that, even after deletion of data and the User Content provided by the User, such data or User Content may remain accessible in the cache or Web archives, as well as in the search results of search engines, and may also be available to other persons if other Users have copied and stored the User’s data or User Content.

13.4 Tower Five cannot control the actions of other Users with whom the User wants to share his/her account data (login and password). Therefore, Tower Five cannot warrant that any User Content that the User posts in Loaders will not be available for viewing by unauthorised persons.

13.5 For the purpose of detection system improvement and elimination of malfunctions and errors in Loaders, as well as detecting the use of third-party software resources that affect Loaders process, the User permits and Tower Five has right to automatically collect, store, process, submit to third party for achieving such purpose areas of User Device RAM used by the User simultaneously with the launch and/or operation of Loaders as well as the following data: (a) software information installed in personal computer of the User including operating system, drivers, dxdiag; (b) full-size screenshots showing Loaders Client running, (c) the User’s device information, its basic characteristics and parameters and (d) dll list connected to the process of Loaders functioning on User’s device, its versions and checksums. The collected information of the User indicated in subclauses (a)-(d) hereof shall be completely anonymized.

13.6 The information provided by the User is used by Tower Five and/or its partners/affiliates in accordance with Tower Five Privacy Policy.

13.7 Tower Five may employ User authentication technologies, including using cookies, as well as employ these technologies for marketing purposes to study the Users’ preferences. With such authentication being anonymized and generalized, the Tower Five shall neither track the actions of, nor transfer information about individual Users. To the extent required for Loaders to operate properly and pursuant to applicable law, the privacy of correspondence shall be ensured with the User data kept confidential, unless otherwise provided by applicable law.

14. APPLICABLE LAW AND JURISDICTION

Unless otherwise expressly provided by applicable law, this EULA is governed by and construed in accordance with the laws of France. All disputes arising out of or in connection with interpretation and/or execution of this EULA shall be resolved by means of correspondence and negotiations without recourse to a court. In the case that the User and Tower Five fail to come to agreement without recourse to a court within 60 (sixty) business days from the date of the receipt of the relevant claim, disputes shall be resolved by a state court of the relevant jurisdiction at Tower Five place of location unless otherwise expressly provided by applicable law.

If the User resides in France, this EULA is subject to French Law, and any dispute arising from the formation, interpretation or execution of the present terms and conditions shall be subject to the exclusive jurisdiction of the French courts.

15. MISCELLANEOUS

15.1 This EULA is effective from the moment the User first downloads, installs, or otherwise uses Loaders and shall last until terminated in accordance herewith. The User may terminate this EULA at any time by uninstalling Loaders. Tower Five may terminate this EULA by notifying the User of termination by any means available to Tower Five; in this case, the User shall immediately uninstall Loaders.

15.2. Tower Five may modify the functions and informational content of Loaders, as well as any related Materials, at any time, at its own discretion without additional cost to the User. For instance, Tower Five may add, amend, review effectiveness, delete or remove certain quantitative and qualitative features or attributes of Loaders, In-Game Assets, Materials and their elements, in order to improve the user experience, make the gameplay more interesting and enjoyable, fix bugs and errors of Loaders, make balance changes, etc. In case that would cause a reduction in the User’s rights, Tower Five will notify the Users about such change in a clear and comprehensible manner reasonably in advance, in which case the notified User shall have the right to terminate the EULA free of charge within 30 (thirty) days of the receipt of the information or of the time when Loaders, In-Game Assets, Materials and their elements have been modified by the Tower Five, whichever is later.

15.3 Unless such assignment is likely to result in a reduction in the User’s rights, the Tower Five may, at its sole discretion, at any time assign and/or delegate its rights and obligations under this EULA, or any part thereof, to any third party upon a transfer or sale of all or substantially all of its business to which this EULA relates to, whether by merger, sale of stock, sale of assets, or otherwise. In that case Tower Five shall publish the amended EULA. The User’s rights and obligations arising out of this EULA shall be considered transferred to the assignee of Tower Five at the moment of the aforesaid publication.

The User’s rights and responsibilities hereunder are personal and non-transferable.

15.4 In case of termination of this EULA, Sections 11, 12, 13, 14, and 15 remain in force.

15.5 This EULA constitutes full agreement between the User and Tower Five regarding the use of Loaders by the User and substitutes any previous or contemporaneous oral and written agreements regarding the User’s use of Loaders.

15.6 If any provision of this EULA is or becomes illegal or unenforceable, that provision shall be enforced to the maximum extent permissible and/or amended to achieve as closely as possible the effect of the original term, and the remaining provisions of this EULA shall remain in full force and effect.

15.7 The EULA may be modified by Tower Five at any time. Any amendment to the EULA shall be notified to Users. The User shall undertake to independently check the EULA with respect to the amendment. If not agreed, User shall have the right to discontinue the use of Loaders.

15.8 Tower Five reserves the right to revise the terms of this EULA, inter alia, Loaders Rules, and/or the Loaders Discord channel Rules, by updating the EULA in Loaders or by notifying the User by e-mail. The revised EULA comes into force on the date on which it is published. The User’s failure to take the actions of familiarising himself/herself may not be the ground for failure to fulfil the User’s obligations and the User’s failure to observe the limitations established hereby. The User’s continued use of Loaders shall be deemed to constitute acceptance of any revised terms.

15.9 For the matters related to performance of this EULA and/or use of Loaders, the User may contact Tower Five through contact@towerfive.net

Only the English version of this document shall have legal effect. Any translations of this document into other languages are provided for your convenience only.