TERMS & CONDITIONS OF USE
General terms and conditions of use of the Homa sites, products and services. – version dated August 10th, 2023.
LEGAL INFORMATION
Homa Games SAS (“Homa”), a French company registered under n°853 547 644 at the Paris Commercial Registry, having its registered office at 7 rue de Madrid 75008 Paris (France).
How to contact Homa?
Phone number: +33 1 42 86 13 24
Email address: contact@homagames.com
Mail address: Homa - 7 rue de Madrid - 75008 Paris (France).
The director of publication of the Homa Lab Platform is Daniel Nathan
The hosting provider of the Homa Lab Platform is AWS
WHO WE ARE AND WHAT WE OFFER?
Homa is a publisher of mobile gaming applications, which offers services to software providers in the field of user acquisition, monetization, game design, user experience, user interface, public relations and marketing, Online Store (as defined below) optimization and other support services related to performance mobile applications through Homa Lab Platform
The Homa Lab Platform offers You the following free range of services:
- “Homa Lab”, a SaaS workspace (Software as a service) and data platform that:
- allow You to download a unique Software Development Kit named “Homa Belly”;
- help You develop new games by looking at market trends (the “Market Watcher”) and test out builds for quality, engagement, and marketability;
- give you access to the “Homa Ideas”, a place where You can generate and exchange new game ideas with other users, available at the following address: https://lab-v2.homagames.com/ideas/all;
- allow You to submit your Game Content for Homa’s approval.
- “Homa Academy”, a developer center learning hub where You can access game design and game play analysis, training about games creation, methods for ideation and player experience optimization.
- “Homa Mag”, a printed and digital magazine that provides You articles, interviews and best practices for ideation, game creation and updates on the last trends, available at the following address: https://mag.homagames.com/homa-mag-welcome.
Access to additional services (i.e. Publishing and N-Testing) available on the Homa Lab Platform are reserved to users having entered into a Programming, Development and Publishing Agreement with Homa.
These Terms and Conditions of use (“T&C”) govern the relationship between Homa and any user (“You”) of the Homa Lab Platform. All provisions set out in these T&C are binding and must be unconditionally followed by You.
1. ACCEPTANCE OF THE T&C
1.1 Before registering on the Homa Lab Platform, You must read these T&C, formally accept them and thereby commit to complying with them. If you do not accept these T&C, You cannot use the Homa Lab Platform and have access to its content.
By accepting these T&C, You confirm that You are an individual entrepreneurship or a legal entity operating in the video games development for commercial purposes and not a consumer as defined by the French consumer code (i.e. any individual who acts for purposes which do not enter in the scope of his/her commercial, industrial, artisanal or liberal activity).
If You are accepting on behalf of another entity, you represent and warrant that you have full legal authority to bind such entity to these T&C and that you agree to these T&C on behalf of the party that you represent.
1.2 To use the Homa Lab Platform, it is necessary for You to: (i) have a device that allows You to access the Internet with a browser and a, technology to support Ajax, HTML5 and JavaScript, and SSL; and (ii) access to the Internet.
1.3 No special condition or any other general conditions may prevail over these T&C, unless formally accepted by Homa.
If there is a conflict between these T&C and any special terms and conditions of use of Homa’s services or any custom made contract such as a Programming, Development and Publishing Agreement entered into between You and Homa, such special terms and conditions of use or custom made agreement shall prevail.
2. DEFINITIONS
As used in these T&C, the following capitalised terms, whether used in the singular or plural, shall have the meaning set forth below:
2.1 Affiliate(s) means, in relation to any Party, any Person Controlled by that Party, or which Controls that Party, or which is Controlled by a Person which also Controls that Party, in each case, directly or indirectly, through one or more intermediaries.
2.2 Confidential Information means all information, data or material, whatever the medium thereof, which is exchanged between the Parties pursuant to these T&C (including anything You or Homa creates which is derived from or based upon the information, data or materials disclosed to it by Homa or You), including but not limited to any documents or information related to the Game Content, Homa’ processes, products and technologies such as Homa Belly, or the Homa Lab, as well as the Homa Academy materials and contents. Confidential Information includes in particular any original ideas disclosed by Homa to Homa Lab Platform users. It shall not include any information or materials which:
(a) is in or enters into the public domain (other than as a result of disclosure, by the Receiving Party or any third party to whom the Receiving Party disclosed such information, in breach of these T&C);
(b) were already in the lawful possession of the Receiving Party prior to the disclosure by the Disclosing party;
(c) are subsequently obtained by the Receiving Party from a third party who is free to disclose them to the Receiving Party;
(d) are independently developed by the Receiving Party without use of the Disclosing Party Confidential Information; or
(e) are required to be disclosed by law or regulatory authority.
2.3 Control has the meaning given to it under article L 233-3 of the French Commercial Code (Code de commerce) and the terms “to Control”, “Controlled” and “Controlling” shall be interpreted accordingly.
2.4 Delivery Date means the date on which You deliver to Homa the Game Content in electronic format via data upload on the Homa Lab Platform, email, or any other electronic location as the Parties may agree to in writing.
2.5 Programming, Development and Publishing Agreement means the agreement to be concluded between Homa and You whereby You assign to Homa all Intellectual Property Rights on a specific Game Content for the purposes of publishing and marketing a video game or app based on such Game Content.
2.6 Exclusivity Period has the meaning set forth in Article 4.4.
2.7 Force Majeure means any event or circumstances beyond the reasonable control of the Party concerned, which is unforeseeable, insurmountable, and external, including but not limited to natural disasters such as earthquakes, floods, storms, and pandemics, as well as human actions such as strikes, blockades, wars, acts of terrorism, and riots, pandemic, natural disaster, national emergencies and failure or diminishment of power or telecommunications or data networks or services.
2.8 Game Content means games or apps submitted by Developer to Homa on the Homa Lab Platform, either as a new submission or an iteration.
2.9 Homa has the meaning set forth in the Legal Information.
2.10 Homa Belly means a Meta Software Development Kit (SDK) made by Homa, which provides a collection of tools, libraries and software (user consent module, analytics, mediation, attribution, etc.) needed to be integrated in your Game Content so that it can be tested and published.
2.11 Homa Content means any and all content and materials (such as but not limited to game characters, skins, maps, universe …)made available to You on the Homa Lab Platform, including all upgrades, improvements, or modification made to any of the foregoing, and notably but not only all content and material made available to You through Homa Ideas, Homa Academy or Homa Mag, and all content contained and/or made available on, through or in connection therewith.
2.12 Homa Lab Platform means the web platform managed by Homa and available at the address http://lab-v2.homagames.com, and all associated websites linked to it, including the Homa Academy, the Homa Lab, the Homa Mag and the restricted services, which are operated by Homa, whether accessed on a computer, wireless or mobile device or via any other technology. For the avoidance of doubts, the Homa Lab Platform includes Homa Lab (including notably but not only Homa Belly and Homa Ideas), Homa Academy and Homa Mag services.
2.13 Homa Knowledge Base means the online resource that contains a comprehensive collection of information, articles, and solutions pertaining to the Homa Lab Platform and available at the following address: https://lab-v2.homagames.com/knowledge-base.
2.14 Homa Standards means all the requirements for a Game Content to be accepted by Homa and further described on the Homa Knowledge Base available at this address: https://support.homagames.com/knowledge/homa-lab-faq#publishing-with-homa.
2.15 Intellectual Property Rights means all rights, whether registered or not, including but not limited to, patents, trademarks, designs and models, author rights, copyright and related rights, including rights in software, database rights and other sui generis rights, domain name registrations, rights in corporate names, trade names and commercial signs, rights related to know-how, industrial and trade secrets, or any equivalent form of protection which is in force anywhere in the world, together with any applications for registration, and the right to apply for registration, for any of these rights.
2.16 License has the meaning set forth in Article 4.6.1.
2.17 Option Right has the meaning set forth in Article 4.5.1
2.18 Option Exercise Notice has the meaning set forth in Article 4.5.1
2.19 Party means Homa or You, as the case may be.
2.20 Parties means Homa and You collectively.
2.21 Person means an individual entrepreneurship, partnership, company, trust, association, joint venture or other similar entity or organisation, including a government or political subdivision, department or agency of a government.
2.22 T&C means the present general terms and conditions of use, together with their appendices and all further amendments.
2.23 Testing Period means the period of 30 (thirty) day from Homa’s approval of a Game Content during which Homa shall perform a series of tests on the approved Game Content.
2.24 User Account means the result of your registration on the Homa Lab Platform, the account created containing personal data including data with regard to the use of the Homa Lab Platform.
2.25 User Content means the Game Content and any other content uploaded or published by You on the Homa Lab Platform.
2.26 You means any Person who creates a User Account and logs in.
3. GENERAL PROVISIONS OF USE OF THE HOMA LAB PLATFORM
3.1. MODIFICATIONS
Homa reserves the right, in its entire discretion, to amend these T&C from time to time. Users will be informed of any substantial amendment to these T&C at least thirty (30) days before the amendment is effective by e-mail to the address given by You during registration or by a pop-up window with a checkbox appearing during Your log-in or any other informative means. If You expressly accept the amended T&C before the date specified in the preceding sentence, or if You continue to use the Homa Lab Platform after the deadline specified in the preceding sentence, You will be considered as having accepted the amended provisions.
3.2. ELIGIBILITY
The use of the Homa Lab Platform is reserved to professionals and is not intended for or directed at children under eighteen (18) years of age. By using the Homa Lab Platform, You represent and warrant that: (i) You are eighteen (18) years of age or older; (ii) your use of the Homa Lab Platform does not violate any applicable law, rule or regulation; and (iii) all registration information You submit is truthful and accurate and You shall maintain and promptly update the accuracy of such information. Further, if You provide information that is untrue, inaccurate, not current or incomplete, or Homa suspects that such information is untrue, inaccurate, not current or incomplete, Homa has the right to suspend or terminate your User Account (in whole or in part) and refuse any and all current or future use of the Homa Lab Platform, in Homa’s sole discretion, without liability or obligation to You or any third party.
3.3. CREATION OF THE USER ACCOUNT
3.3.1 In order to create your User Account, You must complete the registration process by clicking on “Enter Homa Lab”. You will then have to click on “Create Account” and fill in the fields with Your studio name, email address and password. By registering on the Homa Lab Platform, You will have access to the Homa Lab Platform, including the Homa lab, the Homa Academy and the Homa Mag.
3.3.2 Your password and User Account are personal. You may never allow anyone else using your User Account.
3.3.3 If You violate these T&C or any other applicable agreement with Homa, Homa is entitled to: (i) suspend or terminate Your User Account as well as any access to Homa services; (ii) remove any Game Content or any other content that You may have on the Homa Lab Platform. You will be notified beforehand about Homa’s decision seventy-two (72) hours before any suspension, termination or removal, with the exception of the provisions of Article 4. Within this period, Homa offers You the possibility to remedy to the violation and/or to make any observations You retain necessary.
3.3.4 You undertake not to hold, directly or indirectly, another User Account to submit a Game Content already submitted and/or already subject to test campaigns as described in Article 4.3.4 and/or already rejected by Homa.
3.4. USER CONTENT
3.4.1 You are entirely liable for all content that You may upload, send or otherwise make available via the Homa Lab Platform.
3.4.2 You shall not upload, send or otherwise make available any content which: (i) is illegal, harmful, defamatory, obscene, discriminatory or otherwise punishable; (ii) violates any person’s privacy; (iii) is likely to incite violence or racial or ethnic hatred; (iv) is protected pursuant to confidentiality or non-disclosure undertakings; (v) infringes any Intellectual Property Right or other right of any third party; (vi) includes any unrequested or unauthorised advertising or promotional material, or any other form of solicitation; or (vii) contains any computer virus or other computer code, files or programs designed to interrupt, damage or limit the operation of any software or hardware or telecommunication equipment.
3.5 HOMA’S CONTENT
Homa owns, solely and exclusively, all Intellectual Property Rights in the Homa Lab Platform and its services, the Homa Content, including but not only all content made available to You through Homa Lab (including but not limited to the Homa Belly), the Homa Academy or the Homa Mag, and all content contained and/or made available on, through or in connection therewith, excluding Intellectual Property Rights embedded in the Game Content.
3.6. CONFIDENTIALITY
3.6.1 You undertake that You shall not at any time during these T&C and for three (3) years after the termination or expiry of these T&C, disclose to any Person any Confidential Information. You shall not disclose any Confidential Information for any purpose other than to exercise your rights and perform your obligations under or in connection with these T&C.
3.6.2 You further acknowledge that Homa may suffer irreparable damage in the event of a breach by You of the terms of this section and that Homa shall be entitled to seek injunctive relief in the event of any such breach.
3.6.3 If You, or one of its directors, affiliates or employees, act in violation of the provisions of this Article 3.6, You shall, without any demand or notice of default being required, be liable to forfeit to Homa an immediately due and payable penalty not eligible for setting-off of fifty thousand dollars ($50,000) per violation, without prejudice to the right of Homa to – in addition to the penalty and all other rights accrued under these T&C – claim full damages for a separate loss and to demand that You complies with its obligations under these T&C.
3.7 THIRD PARTIES’ PRODUCTS AND SERVICES
Some parts of the Homa Lab Platform’s services may include or make available content, tools or other materials from third parties. Homa does not control or take responsibility for third parties services. You acknowledge that by using the Homa Lab Platform, and in particular, the submission, testing and publishing tools, You may also come across third parties assets or services that may not present the same standards as Homa’s and be available in all countries or languages. Homa will not be liable for content, including third parties content, that may be found to be offensive, inaccurate, illegal, unavailable, of poor quality or otherwise.
You also acknowledge and agree that third parties’ products and services may be protected by Intellectual Property Rights and shall not be used, reproduced or display in any way without authorization.
3.8 INDEMNITY AND LIABILITY
3.8.1 You shall at all times defend, indemnify and hold Homa harmless from any and all claims, liabilities, damages, losses, costs and expenses (including reasonable attorneys’ fees), arising in any way out of or in connection with: (i) your use of the Homa Lab Platform; (ii) your breach or violation of these T&C; or (iii) the Game Content, in particular in relation to any claim or allegation that Homa’s exploitation of the Game Content infringes any Intellectual Property Rights of a third party.
3.8.2 You grant Homa a discretionary right, at Your own costs to assume the exclusive defense and control of any matter or claim alleging infringement of the Game Content and all negotiation for its settlement or compromise (as applicable), and in each such case, You agree to fully cooperate with any investigation, challenge, defense, prosecution and other actions taken by Homa in response, upon Homa's request. This right will be exercised by Homa at is sole discretion.
Homa shall not settle or compromise any indemnified claim without your prior consent, such consent not to be unreasonably withheld or delayed.
Any damages, indemnities or other financial compensation collected by Homa shall benefit to Homa, with the exception of the costs borne by You that shall be reimbursed in all or in part to You (depending on whether the amounts collected by Homa are lower or higher than the costs borne by You).
3.8.3 The Homa Lab Platform, together with all Intellectual Property Rights and Homa Content therein, are made available on an “as is” and “as available” basis, without any representation or warranty of any kind, express or implied, or any guaranty or assurance the Homa Lab Platform will be available for use, accessible or that all features, functions, services or operations will be available or perform as described. Homa is not responsible or liable for any malicious code, delays, inaccuracies, errors, omissions arising out of your use of the Homa Lab Platform, except in cases resulting from intentional acts or gross negligence of Homa. Homa is not responsible or liable for any errors, inaccuracies or omissions arising out on the Homa Lab Platform that may exist despite our best efforts to provide You with the best services and most accurate content possible.
In case of any defects to the Homa Lab Platform or any concern about the Homa Lab Platform, You shall promptly notify Homa.
3.8.4 To the fullest extent permitted by applicable law, Homa, its Affiliates, successors and assigns, officers, directors, employees, agents, representatives, licensors, operational service providers, advertisers and suppliers shall not be liable for any loss or damage, of any kind, direct or indirect, in connection with or arising from these T&C, including, without limitation, compensatory, consequential, incidental, indirect, special or punitive damages.
3.9 TERMS
3.9.1 These T&C, and any posted revision or modification thereto, shall remain in full force and effect while You use or are registered to the Homa Lab Platform.
3.9.2 Obligations under Articles 3.6, 3.8 and 4.7 of the T&C respectively with regard to confidentiality, indemnity and liability, and warranty shall survive after the expiry or termination of these T&C for any cause whatsoever for the latest of any period indicated herein above or the statutory limitation period for a legal action.
3.10 TERMINATION
3.10.1 Homa may limit, suspend, terminate, modify or delete Your account or Your access to the Homa services or portions thereof if you fail to comply with, or if Homa suspects that You are not complying with, any of these T&C or for any suspected illegal or abusive use of the Homa services, with or without notice.
3.10.2 To delete Your Homa Lab account, please send an email to the Homa support team at customer-support@homagames.com. For more information, visit the "Contact Us" section on this page: https://lab-v2.homagames.com/knowledge-base.
4. SPECIFIC PROVISIONS OF USE OF THE HOMA LAB PLATFORM
4.1 TERMS OF USE OF HOMA BELLY
4.1.1 Limited User License
Homa Belly is conferred to You under a license by Homa. Your license does not allow You any right or title of ownership over Homa Belly.
Subject to Your acceptance and respect of the present T&C, Homa grants You a non-transferrable and non-exclusive right of installation and use of Homa Belly in your Game Content for a personal use limited to the testing of your Game on the Homa Lab Platform.
Homa is the exclusive owner and/or licensee of all rights, titles and interests in and to Homa Belly, as well as all Intellectual Property Rights in and to Homa Belly and all of its features and components.
4.1.2. No Warranty
Homa Belly is made available on an “as is” and “as available” basis without warranty of any kind, to the extent permitted by applicable law.
4.1.3. Third Partie's Software
Homa Belly contains Unity™ code developed by Unity Software Inc, a Delaware company. All Unity™ packages are made available on an “as is” and “as available” basis without warranty of any kind, to the extent permitted by applicable law. No Intellectual Property rights are granted to You on the Unity™ packages; You may use the Unity™ packages solely for the purpose of developing and creating your Game Content. All rights, title, and interest in the Unity™ packages, including all associated intellectual property rights, remain the exclusive property of Unity™. You acknowledge and agree that your use of the Unity™ packages is at your own risk and discretion. In the event of a conflict with these T&C, the terms applicable to the services offered by Unity take precedence. Homa may not be held responsible for Unity™ services, products and/or content.
4.2 TERMS OF USE OF HOMA IDEAS
4.2.1 Terms of use of Homa Ideas
You can use our generative IA home made tool (the “Homa Idea Generator”) to generate new game ideas and shared them with other studio users or with Homa only.
4.2.2 Generation of new ideas
Homa provides you with a personal and non-exclusive license to use our unique generative Homa Idea Generator to generate new game idea. You enter a prompt of your choice and obtain a complete pitch (the “Result”).
Your prompt shall be treated as a User Content.
4.2.3 Share of new ideas
From the “Ideas” section of your Homa Lab Platform, click on “Add new Idea”, and launch a discussion about your new game idea. You are then required to:
⚫️ Select a type between a private or public publishing and decide with whom you want to share your ideas (other studios, or Homa’s team);
⚫️ Add a title, a pitch of your gameplay idea and one or more tags to help other identify your gameplay idea’s category;
⚫️ Upload references and specify your selling point.
You shall ensure that your content respects the provisions of the T&C, notably Article 3.4. In the event of breach, Homa is entitled to remove your publication from the Homa Ideas platform without any prior notice.
4.2.4 Property of Homa Idea Generator
Homa is the exclusive owner of the Homa Idea Generator, including all rights, titles and interests in and to the Homa Idea Generator as well as all Intellectual Property Rights in and to the Homa Idea Generator and all of its features and components.
You are not allowed to copy, reproduce, translate, retro-compile, locate source code, modify, adapt, merge, convert, disassemble, decompile the Homa Idea Generator or create derivative works based on the Homa Idea Generator, in whole or in part, or remove any notice or indication of Intellectual Property.
4.2.5 Liability
The Result is made available on an “as is“ basis without warranty of any kind, to the extent permitted by applicable laws.
As provided in Article 3.8.3, Homa shall not be liable for any damages, loss or injury resulting from your use of the Homa Idea Generator.
The Homa Idea Generator may generate a Result identical or similar to results provided to other users of this service. Homa will not be liable for any damages, loss or injury resulting from your use of the Result by You or a third party.
4.2.6. Use of the Result
Homa owns the rights, titles and interests in and to the Result as well as all Intellectual Property Rights in and to the Result.
Homa grants You a royalty-free and non-exclusive license, for the world and the term of the T&C as provided under Article 3.9.1 or any other period agreed in writing by the Parties, to use, reproduce, represent (i.e. display), modify, amend and alter the Result for the sole purpose of developing a Game Content and submitting it to Homa's approval.
Homa may use the Result to provide and maintain the Homa Idea Generator, comply with applicable laws and enforce these T&C.
4.3 DELIVERY OF THE GAME CONTENT
4.3.1 To submit Game Content, You need to follow the different steps indicated by Homa, which are detailed on Homa Knowledge Base. Non compliance with these requirements entails Homa to refuse your submission.
4.3.2 Homa is under no obligation to store elements which are uploaded on the Homa Lab Platform and shall not be bound to return these elements to You. You hereby undertake to take all necessary precautions accordingly. Your Game Content submitted is not accessible to other users.
4.3.3 Once You have submitted your Game Content, Homa shall examine your submission ,verify that the Game Content does not contain any material defect and comply with industry and Homa Standards within thirty (30) days of the submission date. For further information, You can consult Homa Knowledge Base. You can verify the progress of your request at any time from your User Account.
4.3.4 Once your submission has been successfully verified and classified as “approved”, the Testing Period will start.
4.4. EXCLUSIVITY
4.4.1 As of the Delivery Date and upon the earlier of the following: (i) six (6) months from the end of the Testing Period; (ii) six (6) months from the date Homa notifies You its refusal of the Game Content; (iii) the date the Programming, Development and Publishing Agreement with respect to the Game Content is signed by the Parties; or (iv) the date Homa notifies You of its decision not to exercise its Option Right with respect to the Game Content (the “Exclusivity Period”), You shall not, either alone or in conjunction with, or on behalf of any other Person, with respect to such particular Game Content, do any of the following in any country:
⚫️ grant any rights on the Game Content to any third party to publish, promote, market or distribute the Game Content;
⚫️ publish, promote, distribute or market a video game with a design, features, name, gameplay or other characteristics substantially similar to those of the Game Content;
⚫️ sell or offer to sell the Game Content to a third party; or
⚫️ assist any other person to do any of the above.
4.4.2 During the Exclusivity Period, Homa may perform one or several tests on the Game Content in order to determine the potential success of a video game based on such Game Content.
4.4.3 If the tests performed by Homa on the Game Content are not conclusive, then Homa shall notify You before the end of the Exclusivity Period of its decision not to exercise its Option Right with respect to the Game Content. In such a case, the Exclusivity Period ends immediately, and You regain all your rights to freely dispose of such Game Content.
4.4.4 For the avoidance of doubt, whether the Option Right is exercised or not in relation to a particular Game Content shall not affect in any way Homa’s right to exercise the Option Right with respect to any other Game Content.
4.5. OPTION RIGHT
4.5.1 At any time during the Exclusivity Period applicable to any particular Game Content, Homa shall have an option right (the “Option Right”) pursuant to which Homa may send to You a written notice by email (the “Option Exercise Notice”) whereby Homa agrees to conclude a Programming, Development and Publishing Agreement with You, under the terms and conditions to be agreed upon by the Parties.
4.5.2 If, with respect to a particular Game Content, the Option Right is validly exercised by Homa in accordance with the conditions set forth above, the Parties undertake to negotiate in good faith the terms and conditions of the Programming, Development and Publishing Agreement which shall provide for a full and perpetual assignment of Intellectual Property Rights to Homa with respect to such Game Content for the world and for the whole legal duration of such Intellectual Property Rights, within the Exclusivity Period.
4.5.3 If a Game Content is refused by Homa, pursuant to Article 4.3.3, Homa is still entitled to exercise its Option Right, and get the ownership of all Intellectual Property Rights in such Game Content. The Parties agree to conclude the Programming, Development and Publishing Agreement at a discounted price.
4.5.4 If, with respect to a particular Game Content: (i) the Option Right is not exercised by Homa; (ii) the Option Right is not notified during the Exclusivity Period; or (iii) Homa notifies You at any time during the Exclusivity Period that it does not wish to exercise the Option Right, then the Option Right will become null and void with respect to such Game Content without any indemnity being due by either Party to the other. Therefore, You regain of all your rights to freely dispose of such Game Content, provided that You first completely remove all elements licensed to You by Homa from your Game Content (including but not limited to Homa Belly, the Results, Homa’s trademark, logo, Homa Content, etc.).
4.6. INTELLECTUAL PROPERTY
4.6.1 You hereby grant to Homa during the Exclusivity Period an exclusive, sublicensable, transferable, worldwide, royalty-free license to use, reproduce, distribute, transmit, translate, modify and store the Game Content and all Intellectual Property Rights therein, for the sole purpose of performing a serie of tests on the Game Content (the “License”).
4.6.2 In this context, You hereby grant to Homa, worldwide, for the sole purpose of performing a series of tests on the Game Content, and on any current or future format or medium, the following exclusive rights on the Game Content : (i) the right to reproduce or have reproduced the Game Content using any technique ; (ii) the right to represent, have represented, the Game Content by any means, totally or in part, under any form whatsoever and in any languages; (iii) the right to adapt and modify the Game Content, including by the addition of new material, the right to translate or have translated the Game Content into any written or spoken language, including computer language.
4.6.3 You undertake to make available to Homa the source codes (including upgrades, improvements, or modifications) of such Game Content during the Exclusivity Period.
4.6.4 Homa values intellectual property above all and refuses to publish Game Content which may infringe the rights of a third party. No documents and information shared by or from Homa shall be construed by any means by You as an inducement to create and upload Game Content which may infringe the rights of a third party.
4.7. WARRANTY
You represent and warrant to Homa that as of the Delivery Date:
⚫️ You are the valid, full and sole owner of the Game Content, including the documentation and source code thereof;
⚫️ You have the power and authority to grant the License;
⚫️ the Game Content provided to Homa by You is not the subject of any lien, encumbrance, claim, litigation or arbitration, whether pending, suspected or threatened;
⚫️ The Game Content provided to Homa by You is not the subject of an open source or service license or terms of use granting other users or third parties any right to all or part of the Game Content created using such third party tools;
⚫️ the Game Content provided to Homa by You do not and will not violate any law, rules or regulations, or infringe any Intellectual Property Rights or other right of any third party, including without limitation any rights of publicity or privacy or other rights, or give rise to any legal claim by any third party;
⚫️ You have duly acquired, or have been legally vested with, all rights from any third party, including without limitation from its suppliers, past or present employees or consultants, agents and officers, and from directors or shareholders, that may have been involved in the creation or consolidation of the Game Content on a worldwide basis for the duration of such rights, and all amounts due in this regard have been duly paid; and
⚫️ the Game Content is not subject to the terms of any open source or other similar license that provides for any source of such software to be disclosed, licensed, publicly distributed or dedicated to the public.
5. SPECIFIC PROVISIONS OF USE OF THE HOMA ACADEMY
5.1 PRESENTATION OF THE HOMA ACADEMY
The Homa Academy is an extensive online library of mobile game developer resources, where you will discover practical, actionable training and resources on how to design creative, and powerful games.
You can access the Homa Academy directly from the Homa Lab Platform. The content of the Homa Academy (the “Homa Academy Content”) and its accessibility, in all or in part, is subject to Homa’s sole discretion and protected under intellectual property laws.
As the case may be, Homa owns, is the licensee or is authorized to use all Intellectual Property Rights in Homa Academy, including but not only all the Homa Academy Content.
5.2 LIMITED USE OF THE HOMA ACADEMY CONTENT
The Homa Academy Content may be used by You solely for the purpose of viewing such contents.
5.3 NO WARRANTY
As provided in Article 3.8.3, Homa shall not be liable for any damages, loss or injury resulting from your use of the Homa Academy.
6. SPECIFIC PROVISIONS OF USE OF HOMA MAG
6.1 PRESENTATION OF HOMA MAG
You can access Homa Mag home page from Homa Lab Platform.
To receive Homa Mag, You need to fill in the form with the following information: your first and last name, your work address email, your job role and company name. Homa Mag will be sent to you at the address email You provided free of charge.
6.2 HOMA MAG CONTENT
The content of Homa Mag (the “Homa Mag Content”) and its accessibility, in all or in part, is subject to Homa’s sole discretion and protected under intellectual property laws.
As the case may be, Homa owns, is the licensee or is authorized to use all Intellectual Property Rights in Homa Mag, including but not only all the Homa Mag Content.
6.3 LIMITED USE OF HOMA MAG AND HOMA MAG CONTENT
Homa Mag and the Homa Mag Content may be used by You solely for the purpose of viewing such contents.
6.4 NO WARRANTY
As provided in Article 3.8.3, Homa shall not be liable for any damages, loss or injury resulting from your use of Homa Mag.
7. FORCE MAJEURE
Neither Party shall be in breach of these T&C, nor liable to the other for delay in performing, or failure to perform, any of its obligation under these T&C if such delay or failure result from Force Majeure. In particular, Homa shall have no liability in case of impossibility or difficulty to access the Homa Lab Platform in case of a Force Majeure event.
8. DATA PROTECTION
8.1 Homa respects your privacy and the use and protection of your personal information. In the course of Your use of our websites, services and products, You may be asked to provide certain personal information to Homa.
8.2 Homa’s information collection and use policies with respect to the privacy of such personal information are set forth in the Privacy Policy, available at the address https://homagames.com/privacy/.
9. GOVERNING LAW
These T&C shall be governed by and construed in accordance with the laws of France, without reference to its conflict of laws principles.
10. DISPUTES – CLASS AND COLLECTIVE ACTION WAIVER
10.1 To the extent permitted by law, all disputes arising out of or in connection with these T&C shall be subject to the jurisdiction of the Courts of Paris (France).
10.2 To the fullest extent allowed by applicable law, You agree that You may bring disputes against Homa only in an individual capacity and not as a class action or collective action or as a private attorney general.
11. ASSIGNMENT
Neither Party may assign its rights or obligations under these T&C without the prior written consent of the other Party, except to any of Homa’s Affiliates or in the context of a merger, acquisition, sale or other transaction involving all or substantially all of the assets pertaining to the subject matter of these T&C, in which case Homa in its sole discretion may assign its rights and obligations under these T&C. Any permitted assignment shall be binding on the successors of the assigning Party.
12. INDEPENDENT CONTRACTOR
No employee or representative of either Party shall have any authority to bind or obligate the other Party to these T&C for any sum or in any manner whatsoever or to create or impose any contractual or other liability on the other Party without said Party’s prior written approval. For all purposes, and notwithstanding any other provision of these T&C to the contrary, the Parties’ legal relationship under these T&C shall be that of independent contractors.
13. UNENFORCEABLE PROVISIONS AND SEVERABILITY
General provisions of these T&C apply to all Homa products and services. If a specific provision contradicts a general provision, the specific provision shall prevail. If any of the provisions of these T&C are held to be void or unenforceable, then such void or unenforceable provisions shall be replaced by valid and enforceable provisions that will achieve as far as possible the economic business intentions of the Parties. However, the remainder of these T&C will remain in full force and effect, provided that the material interests of the Parties are not affected, i.e. the Parties would presumably have concluded these T&C without the unenforceable provisions.
14. WAIVER
The failure by either Party to require strict performance and/or observance of any obligation, term, provision or condition under these T&C will neither constitute a waiver thereof nor affect in any way the right of the respective Party to require such performance and/or observance. The waiver by either Party of a breach of any obligation, term, provision or condition hereunder shall not constitute a waiver of any subsequent breach thereof or of any other obligation, term, provision or condition.