Terms of Service

Hey you! Before jamming together on Majjam, please read the following carefully. This is where we explain the rules applying to you and other players when creating an account to play Majjam and when playing Majjam. If you have any questions, you can write to us at support@opusmajor.io.

1. What is it about?

Majjam, a video game that can be downloaded from the www.majjam.com website (hereinafter the “Game” and the “Website”) is published by Opus Major, a simplified joint stock company with its registered office at 15 rue des Halles, Paris (75001), registered with the Paris Trade and Companies Register under SIREN number 922 671 268, with an intra-community VAT number FR88922671268, which also publishes the Website.

These Terms of service (the “ToS”) define the conditions under which:

• Opus Major provides you, as a service and under a personal, limited, non-transferable and revocable license, an access to the Game, including all of its content and features (such as a text-based communication system - the “Chat”), solely for your entertainment and a non-commercial use (altogether the “Service”);
• you can create an account to access and play the Game (the “Account”) and choose your display name (the “Display Name”);
• content from us can be used by you and content from you can be used by Opus Major.

These ToS may be supplemented by special terms and conditions of service specifying the terms and conditions for the provision of these features (the “SToS”). You can read the SToS here.

The ToS and, where applicable, the Special Terms of Services constitute the entire contract between us (the “Contract”), to the exclusion of all other documents, such as proposals, presentations or communication brochures, which are for information purposes only.

In the event of any contradiction between the ToS and any SToS, the latter shall take precedence over the former.

The Contract takes effect from the date on which the creation of the Account is confirmed by email by us.

If any of the clauses of the Contract, or any part of them, is or becomes null and void under a regulation, a law in force or following a court decision that has become final, it will be deemed unwritten and replaced by one or more valid clauses that comply with the intention of the parties. However, this will not render the Contract null and void, nor the clause only partially affected. The other clauses will remain in force insofar as the structure or the overall balance of the Contract is not altered.

Majjam is suitable for players aged 13 and over. If you are a minor in your country of residence, please read the Contract with the help of your parent or your guardian. All use of the Service and the Game by minors is the responsibility of their parents and legal guardians. As far as is permitted by law, we accept no responsibility regarding activities which may be conducted by minors without the permission of their parents or legal guardians.

2. How do we begin?

1.1. How to open an Account and enter a Contract to play Majjam?

Access to the Game requires the opening of an Account. Such opening is free of charge and must be done via the Website.

To open an Account, you must:

• provide us with identification and contact details;
• accept these ToS and any eventual SToS by clicking on the button to open the Account;
• then confirm the accuracy of the email address you gave by clicking on a confirmation link sent to you on the provided email address.

Alternatively, you may use a SSO (“single-sign-on”) connection to log in through your Discord or your Google (or other online platforms of our choosing) account and:

• authorize some information (including, for the Discord SSO, your Discord username, tag, email address and avatar or for the Google SSO, your Google ID and email address) to be transmitted to us and imported into your Account;
• accept these ToS and any eventual SToS by clicking on the button to open the Account.

By using the Discord SSO, you will link your Discord account to your Account and will be able to access specific Discord-based social features (see Article 3.2). You may also decide to link your Discord account after the creation of your Account.

The creation of the Account and the conclusion of the Contract are confirmed by us through sending an email to the email address you provided us or which is associated with your Discord or Google account.

1.2. What is required from me to open an Account?

To open an Account, you must be at least thirteen (13) years old.

You may only have one Account per email address or Discord or Google account.

You are not allowed to create multiple accounts, except if we specifically allow it. You agree to close any additional Account upon our request and acknowledge that we can also directly close such additional Account.

When creating an Account and throughout the use of the Game, you undertake to provide accurate and actual information and then, to immediately update, in the event of modification, the information communicated to us, and in particular the contact details.

We may verify the information provided by you at any time, especially to protect minors and prevent fraud. In particular, where relevant, we may ask you to provide any additional information and any additional supporting documents (such as the copy of your ID card), which you undertake to provide us as soon as possible.

If you fail to respond or provide false, inaccurate, outdated, incomplete or misleading information, without notice or compensation, we can suspend access to your Account and deny you access, temporarily or permanently, to all or part of the Service, without prejudice to any other sanction or measure provided for in Article 10.

1.3. What Display Name can I choose?

When creating an Account, a default Display Name will be automatically assigned to you.

You may modify it in your Account settings.

You undertake not to use nor choose as Display Name:

• the name of another person or any other element that could result in impersonating a third party (such as a Display Name with a close similarity to another existing display name);
• a name that is copyrighted or trademarked or otherwise subject to intellectual property rights or personality rights owned by anyone else than you;
• a name that may mislead other players into believing that you are one of our employees or a moderator, such as a name including “Opus Major” in it;
• or a name that can be considered as vulgar, offensive, hateful, discriminatory, inciting violence or otherwise in violation of the Contract (especially the rules of conduct provided for at Article 2.3).

You will not be able to choose a Display Name already used by another player or associated with another account.

The Display Name will be linked to your Account and publicly displayed. As a result, we advise you not to include your real name in the Display Name.

If you refuse to modify a non-compliant Display Name, we may decide, at our discretion, to change it with a Display Name of our choosing or to, immediately, without notice or compensation, suspend access to the Account and deny access, temporarily or permanently, to all or part of the Services, without prejudice to any other sanction or measure provided for in Article 10.

1.4. Can I transfer my Account to someone else?

Your Account is strictly personal and cannot be transferred.

You undertake not to buy, sell, rent out, share, lend, trade or in any other way transfer your Account and/or the means of accessing it and/or in any way allow a third party to benefit from it, either within the Game or on a third-party website.

2. How do I play?

2.1. What technical specifications are required to play?

We make no commitment to the fact that the Game will be and remain compatible with all devices (computer, smartphone, etc.) and all operating systems and their different versions. We also make no commitment to the fact that the user experience will be identical in quality and comfort between each device, each operating system and each version of such system.

Downloading the Game requires an Internet connection and storage space on the device. Accessing the Game requires a continuous Internet connection. The use of an Internet connection may lead to connection costs for which we are not responsible.

It is your responsibility to check the Game’s compatibility requirements with your device, its operating system and storage capacity. These requirements may vary over time. More information regarding compatibility requirements is available on our Website.

We advise you to check regularly and in good time the proper functioning of your Internet connection and device in order to anticipate in good time any problems accessing and playing the Game.

2.2. How do I login?

For each authentication on the Game via the Account, you will have to provide login details (consisting of an e-mail address or a Discord, Google or other online platform identifier and a password chosen by you).

Your login details are strictly personal and confidential. Their confidentiality must be ensured.

To guarantee the security of the Account, you should:

• choose a strong alphanumeric password complying with our instructions (if any);
• choose a password that is different from any other password used for other services;
• never share your login details to anyone;
• prevent third parties from accessing the Account, in particular by locking access to the equipment used to play the Game - smartphone, tablet, etc. - using another password that is also strong.

If you lose or forget your password or suspect fraudulent use of your login details, the password can be reset by clicking on the provided reset buttons on the Account authentication page on the Website. You will then receive an email to reset the password. Until this reset, we cannot be held responsible for the potentially harmful consequences of access by an unauthorized third party to the Account concerned via pre-registered login details on a device or compromised login details, unless the said compromise is caused by our own fault or negligence.

Also, if you suspect that your login details are compromised or that there is an authorized use of your login details or any other security violation involving the Service and the Game, you agree to inform us as quickly as possible at support@opusmajor.io.

Except for the disclosure of login details caused by a fault or negligence on our part, you accept that all actions related to the Account concerned will be deemed to have been carried out by you. You may, however, provide proof to the contrary and demonstrate the existence of fraud attributable to a third party.

2.3. What rules of conduct should I follow for a friendly, safe and fair gaming environment?

We want to offer every player of the Game a welcoming, safe and respectful gaming environment. This is especially important as minors can play the Game and use the Chat. As a result, you must follow the rules explained hereafter.

You may only use the Service and play the Game for lawful purposes and for their anticipated use.

You may not use the Service and play the Game in any way:

• that breaches any applicable law or regulations.
• that is misappropriated, fraudulent, excessive or malicious;
• that is likely to damage our reputation and/or the reputation of third parties and/or to harm us and/or third parties (and in particular other players);
• that could affect the Game’s stability and security.

You especially undertake not to share or publish on the Game (especially in the Chat) any material that would directly be, or redirect towards materials that would be, illegal, inappropriate, misleading, harmful, dangerous, threatening, offensive, abusive, vulgar, obscene, sexually explicit, pornographic, pedophile, hateful, racist, homophobic, transphobic, sexist, xenophobic, revisionist, violent, condoning terrorism or fascism or child abuse, privacy-invasive, mentioning or inciting cruelty to animals, constitutive of false news ethically offensive or otherwise objectionable or prone to creating controversy or division.

You especially undertake not to and not to attempt to (and not participate or be involved in any way in the following):

• create an Account with false registration information and/or an inappropriate Display Name or avatar such as prohibited material described above;
• impersonate a third party;
• bypass regional restrictions of the Service and the Game with the help of proxy, VPN or any other tool;
• abuse, harass or bully other players and/or our representatives (i.e. our employees, members of our community such as moderators, etc.), through for instance trolling, flaming, spamming, incitement to suicide or using any prohibited material described above;
• endanger minors playing the Game;
• encourage or incite or permit anybody to commit inappropriate or illegal acts (such as the use of drugs or prohibited substances or acts of terrorism);
• use any elements infringing third parties’ intellectual property rights or our intellectual property rights or any other of our rights or of third parties’ rights;
• encourage or incite or permit any act of circumvention of a technical protection device or information/mention concerning intellectual property rights;
• access the Game and the Service through a mirror site;
• create, supply and use alternative methods of accessing the Service and the Game (such as server emulator);
• leak information protected by privacy rights and/or confidentiality obligations arising from contractual stipulations or legal or regulatory provisions;
• modify, distort, block, abnormally burden, disrupt, slow down and/or hinder the normal functioning of all or part of the Service and the Game or their accessibility to other players or the functioning of the network, hardware, software and/or the servers used by us to provide you with the Game and the Service (such as distributed denial-of-service attacks – DDoS);
• transmit or propagate any virus, trojan horse, worm, logic bomb, corrupted file and/or similar destructive device or corrupted data that designed or can be used to carry out cyberattacks, online piracy or hacking activities;
• cheat, especially by using bots, hacks, scripts, game trainers, macros and/or other unauthorized software designed to modify the Game or negatively impact any other players or their gaming experience;
• exploit any glitch or bug to benefit from an unfair advantage over other players or to benefit from functionalities or other features in a way that does not reflect the normal flow of the gameplay in the Game;
• tamper with the Service and the Game in any way that would give you or another player an unfair advantage or causes detriments to other players’ experience;
• disturb or interrupt the normal flow of the gameplay in the Game;
• benefit from the help of other players or offer help to other users to obtain an unfair advantage (such as teaming up with experienced users or newcomers in order to unfairly increase or help them increase their level and/or statistics);
• use the Game and the Service to advertise or solicit products or services;
• scam, fraud or mislead us or other players to extort money, goods, information, etc.

We may under no circumstances be held responsible for malfunctions in the Game or other consequences arising from your failure to comply with these rules of conduct.

You agree to defend and keep us and our licensors, licensees, assignees and successors in title indemnified from and against any claims or alleged claim, all liabilities and damages and all costs, including lawyers’ fees following and/or resulting from your failure to comply with these rules of conduct.

To prevent and combat any non-compliance with these rules of conduct, the Contract and the law, we may, in our sole discretion, implement various forms of anti-cheat solutions, filtering, blocking or monitoring of IP addresses, MAC addresses or proxies used to use, play, receive or access the Game, including, without limitation, blocking or filtering measures that restrict your ability to use, play, receive or access the Game or some of its features. With the same goal, we may, in our sole discretion, restrict access to, use of, play of, or receipt of the Game or some of its features to any person, jurisdiction, territory, or geographic area.

2.4. Does Opus Major monitor the material that I and other players create, share and publish in the Game?

You and other players are responsible for the material that you and they create, share and publish in the Game.

As an online platform, we have no general obligation to monitor the material created, shared and published in the Game by you and other players, nor to actively seek facts or circumstances indicating illegal activity.

Subject to the applicable legal requirements, we do not undertake to monitor, review or moderate the material created, shared and published in the Game by you and other players.

In any event, we do not warrant the validity, originality, legality, accuracy, quality or usefulness of the material before it is published or shared.

We shall not be liable for the materials created, shared and published by players constituting illegal material or activity, on condition that we:

• do not have actual knowledge of illegal activity or illegal material and, as regards claims for damages, are not aware of facts or circumstances from which the illegal activity or material is apparent; or
• upon obtaining such knowledge or awareness (for instance through the procedure described at Article 2.5), act expeditiously to remove or to disable access to the illegal material.

2.5. How to report forbidden behaviors and materials?

You can report to us any behavior or material created, shared and/or published in the Game, especially in the Chat, in violation of the rules of conduct of Article 2.3. by sending an email to support@opusmajor.io or by any other means that we can make available to you in the future.

To assist us in quickly responding to your report, please include as much as possible:

• your surname, first name and email address, except in the case of information considered to involve one of the offences referred to in Articles 3 to 7 of Directive 2011/93/EU;
• a description of the disputed material or behavior;
• the reasons of why you believe that this disputed material or behavior is illegal or does not comply with the Contract and should be removed, including legal provisions, factual justifications, alongside with proof where possible;
• the date on which the disputed material or behavior was identified;
• where relevant, the location within the Game of the disputed material or behavior and, where possible, any other information enabling the disputed material or behavior to be identified unequivocally (such as the Display Name of the players involved);
• a statement confirming your bona fide belief that all the information and allegations in the report are accurate and complete.

It is essential that you follow this procedure and provide us with as much information as possible since, to act expeditiously, we must be allowed on the basis of your report to identify the illegality of the relevant activity or material without a detailed legal examination.

We reserve the right to act as we deem appropriate following the receipt of a report, especially to remove any material contravening the Contract and/or the law, to ask you and other players to cease the use of this material and to take any of the measures listed at Article 10.

The competent authorities may also notify us of any illegal material. We may also inform and cooperate with the competent public authorities.

2.6. What can I expect in terms of availability and security?

We do not guarantee:

• that the Game and the Service will be available at all time, in all locations worldwide and/or on all devices and/or on for all operating systems and their different versions;
• any minimum level of quality for the Game;
• that we will continue to offer the Service and thus to provide you access to the Game for any minimum period of time;
• that the Game functions without error, without interruption, completely or accurately;
• that the Game, its content and the servers that host them are free from anomalies, viruses, bugs or technical or other errors.

The Game data is hosted by us and our subcontractors, except for (i) the data related to the social features powered by Discord and (ii) some of your settings, which are stored locally on your device. In the event that any information stored locally on your device is lost, you acknowledge that you cannot hold us and/or our subcontractors liable for such loss.

In any case, provided, in particular, that they are not disproportionate and within the limits of what is reasonably dependent on our will and under our control, we will make our best efforts to:

• ensure the availability and smooth running of the Game;
• ensure the transmission of data to and from the Game;
• avoid any loss of data hosted by us;
• resolve any malfunctions as quickly as possible.

Technical hazards may affect the Internet network and lead to slowdowns or unavailability, making connection impossible or difficult. The Internet, and more generally any network, means or protocol used for data transmission purposes, may experience periods of saturation due to congestion of the bandwidth, interruptions due to technical incidents, maintenance interventions or other events beyond our control.

We can in no way be held responsible:

• for difficulties in accessing or using the Game or for any other harmful consequences due to disruptions in the network, a means of communication or a protocol;
• for problems that do not originate from the Game and/or its technical installations, and in particular those that may originate from the technical installations of Internet service providers and/or the equipment used by you to access the Game and/or third-party software used by you, especially to download the Game;
• for problems arising from third-party solutions integrated in the Game, such as the Discord-based social features;
• for any direct or indirect damage arising from a malfunction or interruption of the Game originating, directly or indirectly, in whole or in part, from events beyond our control or which would be resolved within a reasonable time by us.

Your attention is also drawn to the fact that computer security cannot be guaranteed without reservation given the state of the art and technology. In particular, the protection of information transmitted via the Internet network against any risk of misappropriation cannot be guaranteed, nor can the absence of:

• fraudulent, malicious and unauthorized intrusion into the equipment used to access the Game and the systems and equipment to which it is connected;
• fraudulent, malicious and unauthorized extraction and alteration of data present on these equipment and systems;
• cyberattacks, for example by viruses, logic bombs or trojan horses, the effect of which would be to diminish, disorganize or prevent the normal use of the equipment used to access the Game and the systems and equipment to which it is connected, to interrupt or slow down the normal flow of electronic communications or to allow the aforementioned intrusions, extractions and alterations.

Good computer security means that you must protect yourself effectively against these risks, in particular by having a good quality, up-to-date antivirus when downloading and accessing the Game.

Finally, the Game or some of its features may be temporarily unavailable or affected due to technical issues or maintenance related reasons, which may occur on a scheduled or unscheduled basis. We reserve the right to suspend access to the Game and/or to the Website, in whole or in part, in order to carry out any correction, update or maintenance operation or to develop the Game and the Service. We also reserve the right to suspend access to the Game at any time in the event of risks to the security of our equipment, our systems and/or the Game. These suspensions do not give any right to compensation or penalties and we can in no way be held responsible for any damage and/or loss that may result for you.

2.7. Warning about seizures or fainting

3. But what is Majjam?

3.1. How is Majjam played?

The adventure is designed to be played in multiplayer mode.

Consequently, as a solo player, you cannot have access to the entire gameplay and universe of the Game.

3.2. How can I connect and interact with other players within and outside of the Game?

We offer players different ways to connect with each other within the Game. You can for instance conduct searches in our databases on the basis of a Display Name. You can also choose optionally to link your Account to your Discord account and connect with your Majjam or Discord friends on Discord.

Linking your Account with your Discord account requires your consent. If you choose to approve this linking, you will be able to access other Discord-based social features, such as the ability to manage a unified friends list within the Game and on Discord’s platform, to send invites and join the Game from Discord’s platform, as well as “rich presence” sharing of in-Game activities on Discord’s platform. You may at any time choose to unlink your Account with your Discord account in the Game by sending a request to support@opusmajor.io and directly on Discord’s platform.

The Game provides you with a Chat allowing players to communicate with each other directly within the Game.

When using the Chat, you acknowledge and agree that:

• anything you share and publish in the Chat may be viewed by other players;
• you are solely responsible for all material that you share or publish through the Chat;
• all use of the Chat is subject to the rules of conduct described in Article 2.3;
• you must respect all other instructions, rules of use and community guidelines that we may publish regarding safe and respectful interactions between players;
• data shared and published in the Chat will be available in the Chat for as long as the relevant chat thread remains active and will be stored by us for up to 12 months.

Any misuse of the Chat, and especially any violation of the preceding paragraphs, constitutes a breach of the Contract and may lead to the measures described in Article 10, including but not limited to:

• removal or disabling access to materials shared or published in the Chat;
• temporary or permanent suspension of access to the Chat;
• temporary or permanent suspension of access to the Account, the Service and the Game;
• termination of the Contract and closing of the Account definitively;
• legal action on grounds of civil or criminal liability.

As a reminder, we have no general obligation to monitor the materials created, shared and published by players in the Chat, nor to actively seek facts or circumstances indicating illegal activity. As such, we do not undertake to review and moderate manually the messages that are sent on the Chat, but we are implementing automated means to help us detect and prevent any misuse of the Chat (such as through the detection of forbidden words) to protect players and ensure a safe environment.

If you wish to bring to our knowledge or raise awareness of an illegal material or activity within the Game, you can contact us by following the procedure described at Article 2.5.

We are not liable for any material shared or published by players outside the Game, such as on Discord platform.

3.3. Can I collect items in Majjam?

You may receive virtual items, such as - but not limited to - in-game currency (for example “coins”), gameplay items (for example “jam cards”), alternative visual designs (for example “skins”) for the characters.

These virtual items are linked to your Account and cannot be transferred to other players.

You acknowledge and accept that:

• virtual items are not redeemable for any monetary value;
• you cannot claim any compensation in case we, with reasonable cause, delete or disable such virtual items, especially in case of non-compliance with the Contract or of termination of the Contract for any reason whatsoever.

3.4. Can Majjam evolve?

The Game is intended to evolve over time. Parts of it can also be designed to be available only for a limited time (e.g. when content is seasonal).

To improve or optimize the Game, we may change, modify or update, at any time, for any reason, at our sole discretion, the Game or parts thereof. This may result in content or features being added, removed, or modified.

We may also correct any anomaly whatsoever in the Game through, in particular patches, updates, enhancements, upgrades, resets and modifications.

The features powered by third parties such as Discord (including social features) may also evolve, be suspended temporarily or removed at the discretion of these third parties.

When changes are made to the Game, you may be required to download and install an update to continue using it. In the absence of such updates, you may be unable to access or use the Game or parts of the Game.

Although we will make our best efforts to prevent this, modifications brought to the Game may affect the Service and result in setbacks in the Game environment.

4. What intellectual property rights are attached to the Game and its content?

4.1. What can I do with Majjam Content?

The Game (in all its components, including in particular its software, interface, graphic charter, gameplay, videos, animations, characters, objects, scenery, costumes, effects, dialogues, slogans, places, music and sound effects, choreographies, titles, themes, customized items), all software and files delivered or made available to you by us, directly or indirectly through an authorized Opus Major reseller or distributor (through online access, transmission, download, or any other means), including any “patches,” “installers”, “launchers,” and any updates and modifications to such software and all copies and derivative works, the name “Majjam” and the trademarks, logos, icons and databases of Opus Major are protected by intellectual property rights.

Except for the content made available to you and Opus Major from third-party solutions providers (the “Third-Party Providers Content”), Opus Major retain full ownership of all rights on the content made available to you by Opus Major and described above (the “Opus Major Content” – altogether with Third-Party Providers Content “the “Majjam Content”).

You undertake to respect these intellectual property rights.

Subject to your acceptance of and compliance with the Contract, we grant you a license to access and use the Majjam Content under the conditions and within the limits set out below.

This license is strictly personal, non-exclusive and non-commercial. It is granted for the sole purpose of downloading, accessing and playing the Game under the conditions and for the duration set out in the Contract. It does not include the right to sub-license.

We and our third-party solution providers reserve all other rights respectively to the Opus Major Content and the Third-Party Solution Providers and you undertake not to exploit these elements outside the scope of this license. In particular, you undertake not to reproduce, represent or distribute for commercial purposes any Majjam Content.

Any use, reproduction or representation, in whole or in part, of Majjam Content that is not authorized by us or by the law constitutes the civil and criminal offence of counterfeiting and is subject to the measures set out in Article 10.

Without prejudice to the rights granted in this article and subject to applicable legislative provisions, you are not authorized under the terms of the Contract and undertake not to:

• use the Majjam Content for training and use of generative AI;
• correct any anomaly whatsoever in the Majjam Content through, in particular, patches, updates, enhancements, upgrades, and modifications;
• copy, print, transfer, transmit or represent all or part of the Majjam Content;
• sell, rent, sub-license, distribute, market or commercially exploit in any way whatsoever all or part of the Majjam Content;
• alter, modify, adapt or distort all or part of the Majjam Content;
• merge all or part of the Majjam Content in computer programs;
• modify, adapt, translate, reverse engineer all or part of the Majjam Content;
• attempt to determine the Game’s source code;
• modify, disassemble, decompile any of the Majjam Content;
• create derivative works of Majjam Content (except when the Game allows you to do so as part of a feature of the Game, in which case you will generate Hybrid PGC – see Article 4.2);
• delete, modify, deactivate or circumvent technical information or protection measures for all or part of the Majjam Content;
• remove, modify or obscure any mention made by us relating to our intellectual property rights over Majjam Content;
• use any unauthorized third-party software that intercepts, searches (“mining”) or otherwise collects information relating to the Game;
• export or reexport the Game or an adapted copy of it in breach of applicable laws and regulations.

4.2. What about Player Generated Content?

When creating the Account, playing the Game and accessing its features such as the Chat, you may create, upload, edit, modify, adapt, publish, submit and/or generate materials, such as the Display Name and the avatar of the Account, your game sessions and scores and musical content generated during the Game (the “Player Generated Content” or “PGC”).

PGC produced from pre-existing Majjam Content (the “Hybrid PGC”)

Opus Major shall be the sole owner of all intellectual property rights regarding Hybrid PGC.

Consequently, you hereby irrevocably assign to us all assignable intellectual property rights you may have over Hybrid PGC, on an exclusive and worldwide basis and for the period of protection of each right. This assignment is granted by you in consideration of the overall economy of the Contract, especially in consideration of the free access to the Game and the Service.

By doing so, you especially assign to us the rights to use, reproduce, represent, make available, publicly perform, publicly display, exploit, extract, edit, adapt, modify, create derivative works and distribute the Hybrid PGC (and any derivative work), directly or indirectly, online and offline, in whole or in part, on any media, including the Game and all our communication media, in any current or future format (including paper, video, audiovisual, digital), in any size and by any means or process of reproduction, communication to the public, telecommunication or distribution, current or future, including digital, regardless of the exploitation techniques used, free of charge or for a fee, and this for all purposes including commercial purposes.

We will also have all rights to transfer and sublicense the aforementioned intellectual property rights to any third party of our choosing, including our partners.

Please be aware that we may file or register any application for intellectual property rights relating to Hybrid PGC in our name, in all countries in the world. To this end, you undertake to sign and supply any document (such as a deed of transfer) requested by us for all registration purposes and to provide all necessary assistance to us, at our expense, in any related action or procedure.

We do not make any commitment regarding our use or absence of use of Hybrid PGC.

In the event that an applicable law states or a competent court rules that some or all of your rights in the Hybrid PGC cannot be validly transferred to us or that their exclusive assignment should be revoked (especially in the absence of use of the Hybrid PGC), you hereby also grant us a royalty-free, exclusive when allowed by the applicable law, irrevocable, transferable, sublicensable to other users, worldwide license to use, reproduce, represent, make available, publicly perform, publicly display, exploit, extract, edit, adapt, modify, create derivative works and distribute the Hybrid PGC (and any derivative work), directly or indirectly, online and offline, in whole or in part, on any media, including the Game and all our communication media, in any current or future format (including paper, video, audiovisual, digital), in any size and by any means or process of reproduction, communication to the public, telecommunication or distribution, current or future, including digital, regardless of the exploitation techniques used, free of charge or for a fee, and this for all purposes including commercial purposes.

You remain authorized to use the Hybrid PGC in the same terms as those provided for Majjam Content at Article 4.1 and for fan art and streaming sessions at Article 4.3.

PGC created independently from pre-existing Majjam Content (“Independent PGC”)

You hereby grant us, and our licensees, distributors, partners, agents, representatives a royalty-free, non-exclusive, irrevocable, transferable (in whole or part) license to use, reproduce, represent, make available, publicly perform, publicly display, exploit, extract, edit, adapt, modify, create derivative works and distribute the Independent PGC (and any derivative work), directly or indirectly, online and offline, in whole or in part, on any media, including the Game and all our communication media, in any current or future format (including paper, video, audiovisual, digital), in any size and by any means or process of reproduction, communication to the public, telecommunication or distribution, current or future, including digital, regardless of the exploitation techniques used, free of charge or for a fee, and this for all purposes including commercial purposes.

This license is granted worldwide and for the period of protection of each right on the Independent PGC.

In all cases for both Hybrid PGC and Independent PGC

If your PGC reproduces your image, you authorize us to use, for all purposes, your image throughout the world, for the whole duration of the Contract and, then for five (5) years renewable after the end of the Contract. You may withdraw this authorization at any time, by sending us an email at support@opusmajor.io.

If your PGC features the image of any person other than yourself, you warrant that you have obtained an identical permission from such person for such use of this image by us and you agree to indemnify us for any losses which we may incur in the event of a complaint, action or claim by such other person concerning the use by us of this image.

Unless otherwise specifically authorized by us, the ability to create PGC is part of the Service we offer and does not entitle you to any payment or any other kind of monetization/benefits, including when the PGC is made available to other players.

You warrant to us that your PGC:

• does not infringe the intellectual property rights or any other rights of any third party;
• does not constitute and that any use of the PGC by us cannot constitute an act of unfair competition or free riding; and
• does not require that we obtain further licenses from or pay royalties or compensation to or provide any attribution to any third parties.

Finally, you agree to defend and keep us and our partners, licensors, licensees, assignees and successors in title indemnified from and against any claims or alleged claim, all liabilities and damages and all costs, including lawyers’ fees following and/or resulting from a PGC.

Unless and until we remove your PGC, it may be associated with your Display Name and will be made available to other players.

To the extent permissible under applicable law, you waive your moral rights in all your PGC and any broadly equivalent rights you may have in any territory of the world. To the extent not waivable:

• you are fully aware and acknowledge that the use of such PGC may involve changes and modifications
• we will use our best efforts to mention and have mentioned, when PGC are being used, your Display Name or your name, whenever possible and taking into account customary practices. However, considering the constraints attached to certain uses of the PGC, you authorize us not to mention the aforementioned name(s) during these uses by us, our assignees and licensors and/or any third party authorized by us and such assignees or licensors.

You also vouch for the obtaining of the same waiver, acknowledgement and authorization from any other person who might invoke moral rights over your PGC.

4.3. Can I do fan art and streaming game sessions?

We appreciate the creation of fan art or streaming game sessions.

Subject to any other provisions in the SToS and provided that you comply with all other provisions of the Contract, you are allowed by Opus Major to broadcast your gaming session on live streaming sites (including but not limited to www.twitch.tv, for example) and to record videos or take screenshots of your game session and post them on video sharing sites (including but not limited to YouTube, for example), social media or review and rating websites.

Subject to any other provisions in the SToS and provided that you comply with all other provisions of the Contract, you are also allowed by us to use, reproduce, publish, perform, display and distribute fan art on a non-commercial basis.

Should you incorporate third-party content in any fan art or streaming game sessions, you must obtain all necessary rights from the owner of said content and we cannot be held liable in any way. You also agree to defend and keep us and our licensors, licensees, assignees and successors in title indemnified from and against any claims or alleged claim, all liabilities and damages and all costs, including lawyers’ fees following and/or resulting from such incorporation of third-party content.

In any event:

1. you undertake not to share or publish or broadcast or associate the Game in any other way that would breach the rules of conduct provided for in Article 2.3 that apply both in-game and outside of the Game;
2. you undertake, upon our first request, which does not have to be explained or justified, to remove or modify any Majjam Content and Hybrid PGC appearing on any website or on any other media, without any possibility of compensation for such removal or modification.

5. What do we do with your Feedback?

We are always delighted to have your feedback on the Game.

Please feel welcome to share with us suggestions, feedback, commentary, ideas, concepts, inventions, characters, plots, titles, designs, art work, programs, programming techniques, or other statements concerning the Game (together the “Feedback”, whether directly provided to us or coming from third parties such as rating websites).

You acknowledge that all Feedback and all rights to the Feedback shall automatically become our property within the same terms as those provided for Hybrid PGC at Article 4.2.

You acknowledge and agree that we shall be free to disclose and use or not your Feedback as with no obligation to you.

6. Do I have to pay money to play MAJJAM?

Access to the Game is currently free of charge.

You are invited to inform us of any situation in which a platform would distribute this Game with monetary consideration.

7. What does Opus Major warrant?

7.1. How far goes Opus Major liability?

We undertake to use our best efforts to provide you with the Game and the Service with all the care and diligence required and in accordance with the rules of the trade applicable to our profession and activity. This is an obligation of means, which means that we do not guarantee any result.

In certain jurisdictions, including the European Union, certain warranties cannot be contractually excluded while others may be granted or apply automatically unless contractually excluded. Please see for instance below the information about the conformity warranty applicable if you reside in the European Union and the warranty against hidden defects if you reside in France. Also, some countries allow the limitation of liability for damages, when others do not. For instance, in France, it is not possible to remove or reduce the right to compensation for damage suffered by a consumer in the event of a breach by the professional of any of their obligations.

With this in mind, to the fullest extent permitted by each applicable law and subject to legal obligations and warranties:

• the Game, including all of its features, is provided to you “as is” and “as available”;
• we make no representations or warranties with respect to the provision of the Game, including, without limitation, regarding the quality, accuracy, functionality, legality, appropriateness, origin, safety, usefulness, availability, reliability, accessibility or performance of the Game and as to the suitability of the Game for a particular use, its market value or your satisfaction;
• we and our partners exclude all express, implied or statutory warranties (that can be contractually excluded), including, without limitation, implied warranties of merchantability, title, non-infringement of third party rights, accuracy of data, or accuracy of any other information or content, system integration and quiet enjoyment with respect to the Game and all implied warranties that may arise from practices;
• no warranty additional to those potentially deriving from the applicable law is given as to the quality, functionality, conformity to specifications, relevance, operability, condition, non-interference, availability or provision of the Game, the absence of bugs, errors and defects, whether apparent or hidden, or the completeness of any information or document contained or presented on our Website;
• we shall not be liable for any indirect, incidental, special, exemplary, punitive or consequential damages;
• as the Game is intended for private use only, we shall not be liable for any commercial loss of any kind, such as loss of data, loss of profits or business interruption;
• our total cumulative liability for any damages that you may suffer, arising out of or in connection with the Game shall in no event exceed €1.000 (one thousand euros).

Still to the fullest extent permitted by each applicable law and subject to legal obligations and warranties we cannot be held responsible in the event of:

• wrongful acts or omissions by you or a third party, and in particular in the event of unauthorized, misappropriated or fraudulent use of the Game;
• failure by you to comply with your obligations;
• dysfunction of your equipment or your communications network;
• temporary interruption of the Game and the Service;
• changes, stoppage or suspension of third-party solutions used to run the Game, particularly in the event of modifications that prevent the normal running of the Game;
• a security breach affecting a third-party solution used by us to provide the Game and the Service;
• force majeure or any other event beyond our control, under the conditions set out in article 7.2 below;
• for the defaults resulting solely from such failure, failure by you to install, within a reasonable delay, an update of the Game provided by us alongside with the information on the availability of this update and the consequences of a non-installation, as well as complete and accurate installation instructions.

7.2. What happens if something unforeseen and unpreventable or something beyond my control or Opus Major’s happens?

Neither party shall incur any liability or be deemed to be in breach of any of the provisions of the Contract if it is delayed or prevented from performing any of its obligations by reason of force majeure or the occurrence of any act or event beyond its control.

By express agreement, the following are considered to be cases of force majeure or acts or events beyond the control of a party, in addition to those usually accepted by the jurisprudence of the French courts and tribunals and without the list below being limitative: war, insurrection, riots, natural or chemical disasters, social conflicts (internal or affecting third party suppliers or intermediaries), lockouts, bad weather, blockages of means of transport or supply for any reason whatsoever, earthquakes, fires, storms, floods, water damage, governmental or legal restrictions, blockages or interruptions of telecommunications or electronic networks or of accommodation providers, interruptions in the supply of energy, failures of computer systems, software or other hardware or technology on which a party depends, insofar as they prevent or delay the performance of the Contract by a party.

The occurrence of a case of force majeure or of an act or event beyond the control of one of the parties, delaying or preventing the performance of its obligations, suspends the performance of the Contract by both parties.

If it continues beyond a period of 1 month, the Contract may be terminated immediately and automatically, without compensation, by either party by sending an email and by you by closing your Account.

8. What about my privacy?

As a data controller within the meaning of the European regulations on the protection of personal data, we collect and process data concerning you. This is the case, for example, for your identification data or your interaction data with the Game.

Some of the data collected and processed by us are necessary to enable us to pursue certain purposes, and in particular to provide and maintain the access to the Game. As a result, their non-disclosure may prevent us from delivering such access. We cannot be held liable for such an impediment if you refuse to provide us with the data.

For more information about the use of personal data by Opus Major, you can read our privacy policy available here.

We use tracers or cookies and, in particular, process connection data allowing the traceability of each person and each computer that accesses to the Game and/or log into an Account (date, time, IP address, parameters of the visitor’s computer, browser used, e-mail address, logs, etc.).

The use of certain tracers or cookies is necessary to allow you to access the Account, the Game and the Service. We may not be held responsible in the event of an impossibility of access which would be consecutive to an objection by you to the use of these tracers or cookies or to a technical barrier put in the place on the device or within the information systems and software used by you to access the Account, the Game and the Service.

For more information about the use of cookies by Opus Major, you can read our cookie policy available here.

9. Can my Account be closed and the Contract be terminated?

9.1. By you

In accordance with Article L. 221-18 of the French Consumer Code, consumers may exercise their right of withdrawal from this Contract within a period of 14 days from its conclusion. You may exercise your right of withdrawal by closing your Account, provided that you have not downloaded the Game. Once you have downloaded the Game, the Contract has begun to be performed and withdrawal is no longer possible.

In addition, after downloading the Game, you can terminate the Contract at any time by closing your Account by sending an email to us at support@opusmajor.io or through any other means that we can make available to you in the future.

In both of these cases, the Contract will be terminated at the time of our confirmation of the closing of the Account through the sending an email to the email address attached to your Account.

9.2. By us

We may also terminate the Contract, subject to 2 weeks’ notice by sending an email to the email address attached your Account:

• If you fail to respond to a request of verification of your identity;
• if we have reasonable grounds to believe that you have violated the Contract (see article 10 below);
• if we cease to provide access to the Game worldwide or in your geographical area;
• if your Account has been inactive for more than two (2) years.

10. What happens in case of breach of contract? Can I be suspended, restricted or evicted?

In the event of a breach of any of the provisions of the Contract, we may take one or more of the following actions:

• issue a warning;
• remove or render inaccessible material which contravenes the Contract;
• amend your in-game progress;
• prevent you from accessing the Game on a particular device;
• temporarily or permanently disable your access from particular features of the Game, such as the Chat or the linking to your Discord account;
• temporarily suspend access to the Account, the Service and the Game;
• terminate the Contract and close the Account definitively;
• seek compensation for our loss;
• take legal action on grounds of civil or criminal liability;
• notify any competent authority according to the breach concerned.

We cannot be held liable for any damage resulting from these measures.

In particular, these measures may be implemented in the event of:

• behavior or material that does not comply with Article 2.3;
• failure to respect our intellectual property rights and the license granted to you in Article 4.

In the case of temporary measures, their duration will have to be adapted to the situation that triggered them.

The Contract may be terminated ipso jure and without judicial process and the Account subsequently closed in the following cases:

• ineffectiveness of a temporary measure previously taken because the situation has not been remedied or a new breach has occurred;
• serious or repeated violation of the Contract or of the legal or regulatory provisions in force, in particular in the event of your use of the Game causing serious prejudice to us and/or one or more other players and/or third parties.

For the implementation by us of one or more of the measures provided for in this article with regard to you, we will send you, by email to the email address associated with your Account, a notification specifying the facts and the reasons for the measure(s) (unless we are prevented by law or regulation from providing this information), and this, respecting, when feasible, a reasonable notice before the implementation of the measure(s).

This period will depend on the type of reason leading to the termination of the Contract. This period may especially be really short or measures can even be taken before notice when:

• we exercise a right of termination for a compelling reason under national law;
• we can provide proof that your failure to comply with the rules of conduct or the intellectual property provisions of the Contract harmed us and/or third parties, is continuously doing so or is about to do so;
• your acts are threatening the stability of the Game.

If you wish to contest the measure taken against you, you may send a complaint to support@opusmajor.io in order to clarify the facts and circumstances that gave rise to the measure. Such request will be examined by us and a reasoned response will be given. You may also resort to mediation under the terms of Article 18.2.

11. What happens if my Account is closed and my Contract with Opus Major is terminated?

Whatever the reason for the termination of the Contract:

• access to the Account and the Game will be terminated on the date of termination of the Contract;
• you will no longer be able to access the Game and all of its features;
• you will lose all your in-game progression;
• you will lose and we may delete your profile and the related information that you have passed on to us, alongside with all your PGC that you may have published, uploaded or made available in the Game and on our Service;
• the stipulations of Articles 2, 4, 5, 7, 17 and 18 will remain in force for as long as is necessary to apply them after the end of the Contract.

Depending on the reasons for the termination of the Contract, we may not allow you to create a new Account without our express permission.

It is your responsibility to take all necessary steps to anticipate the consequences of the termination of the Contract.

We cannot be held responsible for the consequences of the termination of the Contract, whether the termination was initiated by you or us.

12. How can my Contract be amended?

If we wish to amend the Contract, you will be informed by an email sent to the email address associated with your Account.

If substantial changes are made to the Contract, you will be given the choice to expressly accept these changes or not. If they are not substantial, they will apply automatically following a reasonable notice period and by continuing to use the Game after the expiration of this period, you will be deemed to have accepted these non-substantial changes made to the Contract.

In both cases, the modifications made to the Contract and notified to you may not be applied before the expiry of a reasonable notice period proportionate to the nature and extent of the modifications concerned and to their consequences for you.

Unless urgent matters, this period may not be less than fifteen (15) days and will be indicated in the aforementioned email. It may be longer.

The notice period does not apply where we are subject to a legal or regulatory obligation that requires us to modify the Contract in a way that does not allow it to comply with the notice period referred to above.

If you do not wish to accept the modifications made to the Contract, you may terminate the Contract by closing the Account before the date of application of such modifications. In case of substantial changes, if you do not accept these changes, your Account will be closed automatically and your Contract subsequently terminated following the expiration of the notice period.

13. How do we communicate with you?

Important notices relating to the Contract and the Game will be sent by us to you at the email address attached to your Account.

You therefore undertake to regularly check the effectiveness and suitability of this email address for these purposes and to notify us in good time of any change of contact email address.

In the absence of notification of a change, all communications sent by us to this email address will be deemed to have been received by you.

For any question, you can write to us at support@opusmajor.io.

14. Can my Contract be transferred to somebody else?

We may freely transfer all or part of our rights and obligations under the Contract at any time (in particular by transfer of business, contribution of assets, merger).

In the event that such a transfer is likely to result in a reduction of your rights under the Contract, we will give you prior notice and you may, if you do not agree with this transfer, terminate the Contract by closing your Account.

You may not transfer all or part of your rights and obligations to anyone without our prior written consent.

15. Can I or can Opus Major waive a right under this Contract? If so, how?

A waiver by either party of any of its rights under the Contract shall only be effective if made in writing and shall be construed restrictively.

The fact that one of the parties does not require, either temporarily or permanently, the performance of a provision of the Contract shall not be considered as a waiver of the provision in question or as an amendment to the Contract, and shall not prevent the non-defaulting party from relying on it in the future.

16. What is the basis language for this Contract?

To the fullest extent permitted by law, the controlling language for the Contract is English, which means that the English version shall prevail over any other version of the Contract.

This choice of language has no impact whatsoever on the choice of governing law or jurisdiction.

17. Which law applies to this Contract?

Subject to the mandatory legal provisions from other local laws applicable in the country where you reside, the Contract is governed by French law.

This Contract is applicable only to the extent authorized by the law.

18. What can I do in case of a disagreement with Opus Major?

18.1. Attempt to settle the dispute amicably with Opus Major

Except in the case of mandatory legal provisions preventing this, any disputes that may arise in the context of the execution of the Contract may, prior to any legal action, be submitted to us for amicable settlement or mediation.

In the event of a dispute, you may contact us by email at the following address: support@opusmajor.io. Parties (we and you) will endeavor to resolve the dispute amicably. If the parties are unable to resolve the dispute, they may refer the matter to the competent court or, in your case, initiate the mediation process described below.

Requests for amicable settlement with us do not suspend the limitation periods for bringing legal action, unlike mediation.

18.2. Resort to mediation

You may refer to a mediator any dispute with us, prior to bringing the matter before a court.

To this end, we are in the process of becoming a member of a consumer mediation body.

The mediator may be contacted free of charge for any dispute that remains unresolved despite a prior written request to us. Referral to the mediator may be made at the end of a period of 2 months after a request for amicable resolution has been sent to us in the event of no response from us or immediately in the event of a negative response.

You may refer to the relevant public sector consumer mediator.

Disputes may not be reviewed by the mediator if the request is manifestly unfounded or abusive or has been previously examined or is being examined by another mediator or by a court.

Your request must contain the following elements in order to be processed promptly: your home address, email address and telephone number, as well as Opus Major’s full name and address, a brief statement of the facts, and proof of prior contact with Opus Major.

For more information on consumer mediation in France:

• http://www.economie.gouv.fr/mediation-conso
• https://consumer-redress.ec.europa.eu/index_fr