Sulkyland General Terms and Conditions of Use and Sale

1. Purpose and Identification of the Publisher

These General Terms and Conditions of Use and Sale, hereinafterthe “General Terms and Conditions,” define the rules applicable to access to the Sulkyland game, its use, and purchases that may be made within it.

Sulkyland is an online game that allows players, among other things, to createcreate and manage a stable of virtual horses, participate in races, and interact with other players.

Sulkyland is published by:

Dafilog can be contacted using the contact form available on Sulkyland.

Additional information regarding Dafilog and the service’s hosting can be found in the legal notices.

2. Definitions

In these Terms and Conditions, the following terms have the meanings set forth below:

“Dafilog”

Refers to the company that publishes and operates Sulkyland.

“ “Sulkyland” or “the Service”

Refers to the Sulkyland online game, its website, its features, its communication forums, and its store.

“Player” or “User”

Refers to any person who visits Sulkyland, creates an account, or uses the Service.

“Account”

Refers to the personal space created by a Player in order touse Sulkyland.

“User Content”

Refers to any text, name, message, image, or other content published or transmitted by a Player on Sulkyland.

“Virtual Item”

Refers to any horse, object, benefit, point, credit, in-game currency, feature, or other item usable exclusively within Sulkyland.

“Store”

Refers to the part of Sulkyland where services, credits, or other virtual items can bepurchased.

“Consumer”

Refers to a Player acting for purposes that do not fall within the scope of their commercial, industrial, artisanal, professional, or agricultural activity.

3. Acceptance and Enforceability of the Terms and Conditions

The creation ofan Account is subject to the express acceptance of these General Terms and Conditions/p>

Upon registration, the Player must review the Terms and Conditions and confirm their acceptance by checking the box or using the mechanism provided for that purpose.

Confirmation of registration constitutes the conclusion of a contract between the Player and Dafilog.

The provisions relating to purchases are also presented or made available to the Player before each order. Confirmation of an order constitutes acceptance of the commercial terms applicable to that order.

The General Terms and Conditionscan be viewed at any time on Sulkyland. The Player is advised to save or print them.

Dafilog retains the version of the General Terms and Conditionsaccepted by the Player, along with the date of acceptance.

4. Minimum Age and Minors

Use of Sulkyland is restricted to individuals at least 13 years of age.

A minor User must obtain permission from their legal guardian before creating an Account and using Sulkyland.

The legalis encouraged to review these Terms and Conditions with the minor and to ensure compliance with the game rules.

Any purchase made by a minor User must have been previously authorized by their legal representative. The minor must not use a third party’s payment methoda third party without that party’s authorization.

Dafilog may request any information reasonably necessary to verify theage of a User or the authorization of their legal representative.

Dafilog may suspend or close an Account created in violation of the rules regarding theminimum age, after allowing the User or their legal representative to provide the necessary explanations, except in cases of particular urgency.

5. Account Creation

To use Sulkyland, the Player must create an Account by providing the information requested in the registration form.

The information provided must be accurate, truthful, and kept up to date.

The Player chooses a username and a password. The username must not:

• impersonate another person;
• infringe on the rights of a third party;
• be offensive, discriminatory, obscene, or illegal;
• create confusion with Dafilog, Sulkyland, a team member, or another User.

Dafilog may refuse or request the modification ofa username that violates these rules.

The number of accounts allowed per person is defined by the game rules postedin Sulkyland. It is prohibited to create or use multiple Accounts in order to circumvent a restriction, manipulate the game, gain an unfair advantage, or conceal the identity of their actual user.

6. Account Security and Use

The Account is personal. The Player is responsible for keeping their password confidential and must take all reasonable precautionsnecessary to prevent its use by a third party.

The Player must not disclose their password, sell their Account, rent it out, give it away, lend it, or allow another person to use it on a regular basis.

Any suspicious activity, loss of a password, or unauthorized access to the Account must be reported to Dafilog as soon as possible using the contact form.

As soon as Dafilog becomes aware of a reasonably established risk, Dafilog may temporarily suspend access to the Account in order to secure it and verify the account holder’s identity.

The Player remains responsible for any transactions they personally carry out or authorize. However, the Player cannot automatically be held liable for a transaction resulting from an intrusion, a technical error, or fraudulent use that he or sheauthorize.

7. General Operation of Sulkyland

Sulkyland is an evolving game. Its rules, mechanics, settings, features, and balance may change, in particular to:

• improve the game and its features;
• correct errors or imbalances;
• to enhance security;
• to prevent abuse and fraud;
• to take into account technical or regulatory developments;
• to maintain the game’s overall appeal.

The Player acknowledges that the performance, characteristics, or values of a horse,an item, or any other virtual element may change as part of the normal development and balancing of the game.

However, these changes must not arbitrarily deprive the Player of a paid benefit already acquired, nor infringe upon the mandatory rights to which the Player is entitledenjoy.

The specific rules posted in certain parts of the game, particularly those relating to races, breeding, rankings, trades, sales, or competitions, supplement these General Terms and Conditions.

In the event of a conflict, thethese General Terms and Conditions shall prevail, unless a more recent specific rule expressly states that itto a non-mandatory provision.

8. Virtual Items and License of

The Player is granted a personal, limited, revocable, non-exclusive, and non-transferable right to use Sulkyland and the &associated virtual items linked to their Account, in accordance with these Terms and Conditions.

Virtualare computer features or data that can be used solely within Sulkyland. They do not constitute legal tender, a financial instrument, a bank account, or a property right in a tangible item.

Unless otherwise expressly provided by Dafilog, virtual items:

• cannot be exchanged for real money;
• cannot be refunded in cash;
• cannot be sold or transferred outside the game;
• cannot be used as a means of payment outside of Sulkyland.

It is prohibited to sell or purchase an Account, a virtual horse, credits, or any other &virtual item for real money, except through a mechanism expressly provided and regulated by Dafilog.

This classification of virtual items does not deprive the Consumer of their rights regarding the digital services or content they have purchased.

9. Rules of Use and Prohibited Conduct

The Player agrees to use Sulkyland fairly and in compliance with the laws, these Terms and Conditions, and the game’s specific rules.

In particular, the following are prohibited:

• to modify or attempt to modify Sulkyland’s software, website, communications, data, or mechanisms;
• to use an automated program, bot, script, macro, third-party software, or process intended to automate or accelerate actions without authorization from Dafilog;
• knowingly exploit a bug or glitch to gain an advantage;
• circumvent a limitation, penalty, security control, or game rule;
• to manipulate races, results, rankings, trades, or transactions;
• to access or attempt to accessa third party’s Account;
• to disrupt the operation of the Service or its servers;
• to introduce a virus, malicious code, or any other harmful device;
• to collect data or content from Sulkyland in an automated manner without authorization;
• to arrange the sale, rental, or transfer of an Account outside of any mechanisms that may be offered by Dafilog;
• to use Sulkyland for unauthorized fraudulent, commercial, or advertising purposes.

The discovery of a bug that could affect the game or other Players must be reported to Dafilog. Deliberately exploiting such a bug may result in penalties and the correction of the affected operations.

10. Content Publishedby Users

Sulkyland allows Players to publish or transmit certain content, particularly in forums, messaging systems, chats, public profiles, and names assigned to horses or stables.

The Player remains responsible for the User Content that he or she publishes or transmits.

The Player warrants thatthey have the necessary rights and authorizations to publish such content.

It is prohibited to publish or transmit, in particular:

• content that violates the law;
• content that is threatening, abusive, defamatory, harassing, or intimidating;
• content that incites hatred, discrimination, or violence;
• content that is racist, anti-Semitic, xenophobic, homophobic, sexist, or discriminatory;
• pornographic, sexually explicit, or content that is seriously inappropriate for minors;
• content that glorifies terrorism, crimes, or dangerous behavior;
• content that infringes on privacy or discloses a third party’s personal data without authorization;
• content that infringes on a copyright, trademark, or any other intellectual property right;
• content that is fraudulent, misleading, or constituting identity theft;
• spam, advertising, or unauthorized commercial solicitations;
• a link to content that is illegal or clearly contrary to these Terms and Conditions.

Criticism of Sulkyland, its rules, or Dafilog is not prohibited as long asit is expressed without insults, threats, harassment, defamation, or abusive behavior.

10.1 License Required for the Operation of the Service

By publishing User Content on Sulkyland, the Player grants Dafilog a non-exclusive, royalty-free license to store, reproduce, technically adapt, display, and transmit such content to the extent necessary for the operation, security, moderation, and internal promotion of Sulkyland.

This license is granted for the duration during which the content is published, plus the period reasonably necessary for its backup, moderation, or theprotection of Dafilog’s rights.

Content that is part of a group conversation may be retained in an anonymized form when its deletion would compromise the understanding of the exchanges among the other participants.

11. Reporting and Moderation of Content

Any User may report content thatthey consider to be illegal or in violation of these Terms and Conditions by using:

• the reporting feature available near the content, if available;
• the Sulkyland contact form;

The report must clearly identify the content in question and explain the reasons why its removal or modification is requested.

Dafilog reviews reports in good faith and within a timeframe appropriate to their nature and severity.

When User Content violates the law, these Terms and Conditions, or the game rules, Dafilog may, in particular:

• reduce its visibility;
• modify it when only a limited adjustment is necessary;
• remove it or block access to it;
• issue a warning to its author;
• temporarily restrict certain Account features;
• suspend or close the Account in the most serious cases.

To the extent required by regulations, Dafilog will notify the affected Player of the decision made, the main reason for it, and the options for appeal.

Certain information may not be disclosedif doing so is prohibited by law, would compromise an investigation, would infringe on the rights of a third party, or would allow a security measure to be circumvented.

The Player may contest a moderation decision using the contact form, explaining the reasons for their request.

Deliberately false, abusive, or repeated reports may themselves constitute a violation of these Terms and Conditions.

12. Penalties, Suspension, and Account Closure

In the event of a breach of these Terms and Conditions or the game rules, Dafilog may take action proportionate to the nature, severity, frequency, and consequences of the breach.

Possible measures include, but are not limited to:

• a reminder of the rules or a warning;
• the cancellation or correction of an irregular transaction;
• the revocation of an unduly obtained benefit;
• the removal or modification of content;
• the restriction of certain features;
• the temporary suspension of the Account;
• the permanent closure of the Account.

An immediate suspension may be imposed when necessary to protect the security of the Service, other Players, data, or computer systems, or to prevent fraud or serious harm.

Except in cases of emergency, impossibility, a legal obligation, or a particularly serious breach, the Player will be informed of the reason for the measure and may submit their comments.

The closure ofan Account due to misconduct does not automatically entitle the Player to a refund for services already provided, consumed, or used.

However, Dafilog will not retain any amounts corresponding to a paid service that was not provided when regulations require their refund.

The Player may request the voluntary closure of their Account using the features available in Sulkyland or the contact form.

Closing the Account results in the loss ofaccess to the game and associated virtual items, subject to the Player’s legal rights and any specific provisions applicable to any ongoing paid service.

13. Availability, Maintenance, and Development of the Service

Dafilog takes reasonable measures to ensure the proper functioning and availability of Sulkyland.

However, the Service may bebe temporarily interrupted, slowed down, or degraded, in particular due to:

• a maintenance operation;
• an update;
• a security patch;
• a hardware or software failure;
• an InternetInternet network or a service provider;
• an event reasonably beyond Dafilog’s control.

Whenever reasonably possible, scheduled maintenance operations that may cause a significant interruption will be announced in advance.

Dafilog may modify, add, or remove a free feature when justified by the game’s development, its use, its security, or its balance.

When a change has aa paid digital service provided on an ongoing basis, Dafilog will notify the Consumer in accordance with the terms set forth by applicable regulations and will respect the Consumer’s recognized rights.

14. Termination of Sulkyland

Dafilog may decide to permanently terminate all or part of Sulkyland, particularly when continuing the Service becomes technically, economically, or legally impossible or unreasonable.

Except in cases of emergency, &external event or impossibility, Dafilog will notify Players with reasonable advance notice.

The standard notice period is three months.

In the event of termination of the Service, Dafilogspecify the consequences applicable to current paid services and unused paid credits.

Amounts corresponding to a paid service that can no longer bebe provided shall be refunded when such a refund is required by law or by the terms of the offer in question.

15. IntellectualIntellectual Property

Sulkyland, its software, databases, graphics, interfaces, text, rules, illustrations, photographs, animations, sounds, trademarks, names, logos, and él&game elements are protected by intellectual property laws.

Unless otherwise specified, these elements belong to Dafilog or are used with the permission of their respective owners.

The right to use Sulkyland does not confer upon the Player any intellectual property rights in the Service or its components.

Any reproduction, extraction, adaptation, making available, distribution, or exploitation of all or part of Sulkyland without authorization is prohibited, except in cases provided for by law.

In particular, it is prohibited to reproduce or reuse a substantial portion of Sulkyland’s databases or to engagerepeated and systematic extraction of their content.

16. Paid Offers and Services

The Store may offer, in particular:

• credits or currencies usable within the game;
• temporary or permanent features or benefits;
• virtual content or items;
• any other digital service described in the corresponding offer.

The essential characteristics, price, duration (if applicable), the terms of use, and any restrictions applicable to each offer are indicated before the order is placed.

Available offers are subject to change. An offer that has been removed from the Store remains subject to the terms and conditions in effect at the time of purchase, subject to any necessary changes to the game and the Consumer’s mandatory rights.

17. Ordering Process

To place an order, the Player selects thedesired offer, verifies its contents and price, selects a payment method, and then confirms the order.

Before final confirmation, the Player has the opportunity to review the details of their order and correct anyany errors.

The order is not final until:

• the Player’s confirmation;
• acceptance of payment by the relevant service provider;
• confirmation of the order by Dafilog.

Dafilog may refuse or cancel an order in the event of suspected fraud, a payment issue, an obvious pricing error, ortechnical inability to fulfill the order.

In the event of cancellation after payment, the amounts collected for the canceled order will be refunded.

18. Prices

Prices are displayed in euros, including all taxes, unless otherwise clearly indicated to the Player.

The applicable price is the one displayed at the time the order is confirmed.

Dafilog may change the prices of future offers at any time. A price change does not affect an order that has alreadyconfirmed.

In the event of an obvious pricing error, particularly when a price is ridiculously low compared to the usual value of the offer, Dafilog may cancel the order and refund the Player.

19. Payment

The accepted payment methodsare listed at the beginning of the ordering process.

Payment is processed exclusively by a secure payment service provider. Dafilog never has access to the banking information used by the Player.

In the event of a rejected, canceled, or disputed payment, Dafilog may suspend fulfillment of the order and request that the situation be resolved.

A payment dispute or objection filed in bad faith may result in the suspension of the Account afterreview of the situation and an opportunity for the Player to provide an explanation.

20. Delivery of Purchases

Unless otherwise specified, services, credits, and virtual items are delivered after payment is confirmed.

Delivery generally consists of crediting the Account or activating the featurepurchased feature.

Delivery normally occurs immediately or within a maximum of 24 hours after payment is validated.

In the event of a debit payment without delivery of the order, the Player must contact Dafilog, providing:

• their username or Account ID;
• the date and amount of the payment;
• the payment method used;
• the transaction reference, if available.

After verification, Dafilog will proceed with deliver the purchase or refund the amount unduly charged.

21. Use of Paid Credits

Paid credits may be used exclusively in Sulkyland, in accordance with the terms and conditions specified at the time of purchase.

Paid credits are deducted based on the actions performed by the Player within the game.

22. Right of Withdrawal

22.1 Principle

When the Consumer has the right towithdrawal provided for by the Consumer Code, the Consumer has a period of fourteen days from the conclusion of the contract to exercise this right, without having to justify their decision.

The right of withdrawal may be exercised using the form provided at the end of these General Terms and Conditionsor by any unambiguous statement expressing the intentionto withdraw.

22.2 Digital content provided

When an order involves digital content provided without a physical medium and its delivery is to begin immediately, before the expiration of the fourteen-day period, the Consumer may lose their right of withdrawal when the following legal conditions are met:

• the consumer has expressly requested that delivery begin immediately;
• the consumer has acknowledged that they would lose their right of withdrawalonce performance begins;
• Dafilog has confirmed this agreement and acknowledgment to the customer.

When these conditions are met, the credits, content, or virtual items provided immediately cannot be subject tocancellation, without prejudice to the statutory warranty of conformity.

By placing an order, which can only be deliveredimmediately, the Consumer implicitly acknowledges that they are requesting immediateimmediate performance.

22.3 Services Commenced Before the End of the Withdrawal Period

When a service begins, at the Consumer’s express request, before the expiration of the withdrawal period without having been fully performed, the Consumer who withdraws may be required to pay the amount corresponding to the portion of the service already provided, under the conditions provided by law.

When the service has been fully performed before the end of theperiod, the right of withdrawal may be forfeited only if the applicable legal conditions have been met.

22.4 Refund in the Event of a Valid Right of Withdrawal

When the right of withdrawal is validly exercised, Dafilog will refund the applicable amounts within thestatutory time limit, using the same payment method as that used when placing the order, unless the Consumer expressly agrees to another method.

23. Statutory Warranty of Conformity for Digital Content and Services

Any warranty claim may be submitted using the contact form.

24. Refunds and Correction of Transactions

Except for the right of withdrawal, the statutory warranty of conformity, and other cases provided for by law, a purchase that has been properly delivered and used is non-refundable.

However, Dafilog will review requests concerning, in particular:

• a duplicate payment;
• a payment that was debited but not credited;
• a technical error attributable to Sulkyland;
• an unauthorized purchase reported promptly;
• a non-compliant digital service or content.

When an error affects a gaming transaction, Dafilog may correct the relevant data in order to restore the situation that would have existed had there been noerror.

A correction may not be intended to deprive the Consumer of the rights attached to a service that was properly purchased.

25. Personal Data

The terms under which Dafilog collects and uses Players’ personal data are described in the Sulkyland Privacy Policy .

This policy specifies, in particular, the categories of data processed, their purposes, recipients, retention periods, and the rights of data subjects.

26. Liability

Dafilog is responsible for the proper fulfillment of its obligations under the conditions provided by law.

Dafilog cannot be held liable fordamages resulting exclusively from:

• negligence or improper use by the Player;
• equipment, software, or Internet accessnot under Dafilog’s control;
• a third-party service chosen by the Player and beyond Dafilog’s control;
• an event of force majeure or anexternal event that is reasonably beyond its control.

Dafilog does not guarantee that Sulkyland is compatible with all devices, browsers, extensions, or computer configurations. Any technical requirements are specified within the Service.

The Player is responsible for the content they publish and the relationships they maintain with other Players.

Dafilog will intervene when content or behavior that is unlawful or contrary to these General Terms and Conditionsis reported to it or brought to its attention under the conditions provided for by law.

No provision of these General Terms and Conditionsis intended to exclude or limit any liability that cannot legally be excluded or limited.

27. Evidence of Transactions

The data, logs, records, and computer files retained by Dafilog under reasonable security conditionssecurity, may be used as evidence of transactions, communications, and events that occurred in Sulkyland.

These records shall be deemed authentic until proven otherwise, subject to applicable legal provisions.

The Player may report any error or anomaly affecting the information recorded in their Account.

28. Complaints

Any questions or complaints regarding Sulkyland or &a purchase must first be addressed to Dafilog:

• using the Sulkyland contact form;
• or by mail to: Dafilog SARL, 319 chemin de Sça, 54700 Pont-à-Mousson, France.

The complaint must specify the username oraccount ID, the subject of the request, and, if it concerns a purchase, the date, amount, and transaction reference.

Dafilog strives to respond within a reasonable time frame.

29. Consumer Mediation

After submitting a written complaint to Dafilog and in the absence of a satisfactory response, the Consumer may, free of charge, seek the assistance of the consumer mediator to whom Dafilog reports.

Recourse to themediation is not mandatory and does not deprive either the Consumer or Dafilog of their right to bring the matter before a court.

30. Applicable Law and Competent Courts

These General Terms and Conditions are governed by French law.

When the Player is a Consumer réresiding in another country, this choice does not deprive them of the mandatory protective provisions to which they are entitled under the law of their country of residence.

In the event of a dispute, the Player and Dafilog shall endeavor to seek an amicable resolution before taking any legal action.

&In the absence of an amicable agreement, the dispute shall be brought before the competent courts in accordancethe rules of general law.

In particular, the Consumer may bring the matter before the competent court in accordance with the protective rules applicable to him or her. Noexclusive jurisdiction is imposed in favor of the courts where Dafilog is headquartered when the law does not permit it.

31. Amendment of the General Terms and Conditions

Dafilog may amend these Terms and Conditions, in particular to take into account:

• thedevelopment of Sulkyland;
• the addition or modification of a feature;
• technical developments;
• new security or moderation practices;
• a change in legislation or regulations;
• the need to clarify a provision.

The new version specifies its effective date.

When the change is substantial, Players are notified via a message in Sulkyland, an email, or any other appropriate means.

When a new acceptance is required, the Player is prompted to accept the new version upon logging in.

If the Player refuses a change necessary for the continued provision of the Service, they may request the closure of their Account. The consequences regarding any ongoing paid service are determined in accordance with the contract and the Consumer’s legal rights.

32. Final Provisions

Dafilog’s failure to immediately exercise a right or to immediately penalize a breach does not constitute a waiver of that right.

If any provision of these General Terms and Conditions is declared null and void, invalid, or unenforceable, the remaining provisions shall remain in full force and effect.

The section headings are included solely for convenience and do not affect the interpretation of these Terms and Conditions.

These Terms and Conditions, the specific, the information displayed during an order, the legal notices, and the privacy policy constitute the contractual documents applicable to the use of Sulkyland.

Appendix — Withdrawal Form

This form must be used only when a right of withdrawal applies to the order in question