Terms of use

These terms of use (the "Terms of Use") set out the conditions under which Walyverse makes the Site, the Server, the Discord and the Wiki of Astralya available to Users, and the rights and obligations of the parties in that respect. Any purchase is additionally governed by the terms of sale (the "Terms of Sale").

1. Publisher

1.1. The Services are published by Walyverse, a sole proprietorship registered under SIRET number 927 497 164 00016, reachable at the email address [email protected] (the "Publisher").

1.2. The Site is hosted by OVH SAS, 2 rue Kellermann, 59100 Roubaix, France (https://www.ovhcloud.com). The Server is hosted by Hetzner Online GmbH, Industriestr. 25, 91710 Gunzenhausen, Allemagne (https://www.hetzner.com).

1.3. Astralya is not an official Minecraft product. It is not approved by or associated with Mojang or Microsoft. "Minecraft" is a trademark of Mojang and Microsoft.

2. Definitions

In these Terms of Use, the following capitalized terms have the meanings set out below, in the singular as in the plural. Any undefined notion bears its ordinary meaning, as it results from these Terms of Use read as a whole.

• User Content: any item published, transmitted or created by a User through the Services, including messages, builds, screenshots, videos, reviews, reports and proposed edits to the Wiki.
• Discord: the Discord server of Astralya, available at https://discord.gg/astralya.
• Game Data: all information attached to a Username on the Server, including inventory, builds, progress, statistics, rankings, rewards and rubies balances.
• Game Mode: each of the distinct worlds, game servers or game modes offered on the Server.
• Username: the Minecraft player name used as an identifier on the Services.
• Rules: the rules of conduct of the Server and the Discord, published in the game, on the Site or on the Discord, which form an integral part of these Terms of Use.
• Season: the period of play, whose start and end are set solely by the Publisher, at the end of which all or part of a Game Mode or of the Game Data is reset.
• Server: the Astralya Minecraft game server, its Game Modes, its worlds and the related services.
• Services: the Site, the Server, the Discord and the Wiki taken together.
• Site: the website available at astralya.fr.
• User: any person who accesses or uses any of the Services, in any capacity whatsoever.
• Wiki: the documentation area of the Site whose pages may be the subject of edits proposed by Users.

3. Acceptance and enforceability

3.1. Accessing and using the Services, in any form whatsoever, constitutes full and complete acceptance of these Terms of Use and the Rules. A User who does not accept these Terms of Use must refrain from using the Services.

3.2. These Terms of Use are available at all times on the Site. The applicable version is the one online at the time the Services are used. A User may not rely on ignorance of these Terms of Use or the Rules.

3.3. A minor User declares using the Services with the authorization of their legal representative, who is deemed to have read these Terms of Use and accepted them on the minor's behalf. The legal representative is responsible for the minor's use of the Services.

4. Access to the Services

4.1. Access to the Services is free of charge, excluding connection and equipment costs, which remain the User's responsibility. No account is required: the Username serves as the identifier on the Server. Free access confers no right to the continuation of the Services, of a Game Mode, of a feature or of any level of service.

4.2. Access to the Server requires a compatible version and edition of Minecraft and an internet connection. The User is solely responsible for their hardware, game software, any modifications and their connection. The Publisher does not guarantee the compatibility of the Server with any given version or edition of Minecraft.

4.3. The Publisher may refuse, restrict, suspend or withdraw access to all or part of the Services for any User who breaches these Terms of Use, the Terms of Sale or the Rules, or whose conduct undermines the security of the Services, other Users or the legitimate interests of the Publisher, under the conditions of article 7.

5. Username and identification

5.1. The User is solely responsible for the use of their Username and for securing their access to the Services. The User undertakes never to disclose the information that allows it to be used.

5.2. The Publisher does not guarantee the identity of the person using a Username, is not required to verify it and is not liable for the use of a Username by a third party. The Publisher is not required to return, restore or compensate for Game Data lost, used or modified by a third party who used a Username.

5.3. Any activity carried out under a Username is deemed to have been carried out by the User who uses it, unless proven otherwise. Breaches committed under a Username may be sanctioned on that Username, whoever committed them.

5.4. It is prohibited to use another player's Username, to impersonate a player, the Publisher or a third party, and to choose a Username that is insulting, discriminatory, obscene, misleading or infringes the rights of a third party. The Publisher may refuse access under such a Username.

6. Obligations and prohibited conduct

6.1. The User undertakes to use the Services fairly, in accordance with their purpose, these Terms of Use, the Rules and the laws and regulations in force.

6.2. The following are in particular prohibited:

• the use of cheating software, modified clients providing an advantage, macros, scripts or any automated process not expressly authorized by the Publisher;
• the deliberate exploitation of a defect, flaw or unexpected behavior of the game, and the failure to report such a defect from which the User benefits;
• any attempt at unauthorized access, intrusion, overloading, denial of service or damage to the integrity of the Services;
• the sale, purchase, exchange or rental, for money or any consideration outside the Server, of Usernames, Game Data, items, rubies or in-game services;
• circumventing a sanction, in particular by using another Username;
• insulting, defamatory, hateful, discriminatory, harassing, violent or pornographic remarks or content, or content contrary to public order;
• advertising, commercial solicitation and the promotion of other servers not expressly authorized by the Publisher;
• the collection of other Users' personal data and any invasion of their privacy;
• the systematic extraction, copying or reuse of the content of the Site or the Wiki by automated means.

6.3. Any conduct that, without being expressly covered by these Terms of Use or the Rules, undermines the security of the Services, their normal operation, the fairness of the game or other Users is also prohibited.

7. Moderation and sanctions

7.1. The Publisher assesses breaches of these Terms of Use and the Rules on the basis of the information available to it, in particular the Server's technical logs, User Content and reports received. This information is binding unless proven otherwise.

7.2. Depending on the seriousness and repetition of the breach, the Publisher may impose, temporarily or permanently, one or more of the following measures: a warning, a restriction of communication in the game or on the Discord, the removal of User Content, the removal of items, rubies or rewards obtained in breach of these Terms of Use, the reset of all or part of the Game Data concerned, the suspension or exclusion of one or more Usernames and, where applicable, of the Usernames used by the same person, in particular to circumvent a sanction.

7.3. In the event of a serious breach or where the security of the Services or of Users so requires, the measure is taken immediately and without prior warning.

7.4. Where the law so requires, in particular article 17 of Regulation (EU) 2022/2065 on digital services, the User concerned is informed of the measure and its reasons. The Publisher is not required to disclose detection methods or information whose disclosure would compromise the security of the Services or the fight against cheating.

7.5. The User may contest the measure by sending observations to [email protected]. The contestation has no suspensive effect and does not prevent the User from bringing legal proceedings. The lifting of a measure entails no admission of liability.

7.6. Sanctions imposed under the conditions of this article give rise to no indemnity, compensation or restoration of Game Data. Their consequences for purchased Digital Content are governed by the Terms of Sale.

8. Votes and rewards

8.1. Users may vote for the Server on third-party ranking sites and receive in-game rewards in return. Only a vote whose reality is confirmed by the voting site concerned, by means of a verification mechanism between that site and the Server, is taken into account. Neither a click, nor a redirect, nor a screenshot, nor a countdown constitutes proof of a vote.

8.2. A vote attributed to a Username that has never yet connected to the Server is kept for 30 days and credited upon the first connection under that Username within that period, according to the rules in force at the time of that connection. After that period, it is deleted.

8.3. Voting rewards are granted on a gratuitous basis. Their nature, quantity, award conditions and the voting mechanism itself may be changed, suspended or removed at any time. They have no monetary value, may not be exchanged, assigned or converted into money, and are subject to the Season and Game Mode rules applicable to Game Data.

8.4. A vote that is not counted, in particular because of a failure of a voting site, a Username error or a Server interruption, gives rise to no replacement reward or compensation.

8.5. Any vote obtained by automated means, through the use of diverted or multiplied addresses, networks or accounts, or attributed to another player's Username without their consent, is prohibited. Rewards so obtained are removed, without prejudice to the sanctions provided for in article 7.

8.6. Voting sites are operated by third parties under their own responsibility and according to their own terms. The Publisher is not liable for their operation or availability.

9. User Content

9.1. The User is solely responsible for the User Content they publish. The User warrants holding all rights necessary for its publication and for granting the licence provided for in article 9.2, and indemnifies the Publisher against any claim, action or judgment by a third party in that respect.

9.2. The User grants the Publisher, free of charge and on a non-exclusive basis, worldwide and for the entire term of protection of the rights, the right to reproduce, represent, adapt, translate, modify, combine and distribute User Content, in whole or in part, on any medium and by any means, on the Services and on the social networks and communication media of Astralya, including for promotional purposes, and to grant its use to its service providers and to any successor in the operation of the Services for the purposes of such exploitation. This licence survives the cessation of use of the Services and the deletion of a Username, for content already integrated into the Server, the Wiki or communication media.

9.3. The User accepts, to the extent permitted by law, that their contributions may be published without mention of their name or under their Username alone, and that they may be modified, merged or rewritten for the purposes of the Services.

9.4. Builds and creations made on the Server form part of the Game Data. They are made using elements belonging to the Publisher or its licensors and may be kept, modified, moved, reused or deleted by the Publisher, without indemnity.

9.5. Proposed edits to the Wiki are subject to the Publisher's approval, and the Publisher may accept, modify, refuse or remove them. Their acceptance confers on their author no remuneration, no right in the Wiki and no in-game consideration.

9.6. The Publisher does not exercise general prior control over User Content. Any illegal content may be reported to it at [email protected], by a notice specifying the exact location of the content, the reasons why it is considered illegal and the identity of the person submitting the notice. The Publisher may remove or disable access to any content that is illegal or contrary to these Terms of Use, without notice.

10. Discord link

10.1. Linking a Discord account to a Username is optional. It allows the two identifiers to be associated for features that require it.

10.2. The User may remove this link at any time in the game using the /discord unlink command. Removing the link ends the features that depend on it, without compensation.

10.3. Use of the Discord is also subject to Discord's terms of use, for which the Publisher is not responsible.

11. Intellectual property

11.1. The Services, their structure, texts, graphics, logos, creations, maps, builds, configurations, software and databases, with the exception of User Content and elements belonging to third parties, are the exclusive property of the Publisher or are used under an authorization granted to it.

11.2. Any reproduction, representation, extraction or exploitation, in whole or in part, of these elements without the Publisher's prior written authorization is prohibited and constitutes infringement, subject to the exceptions provided for by law.

11.3. The Publisher grants the User a personal, non-exclusive, non-assignable and revocable right to access and use the Services, for use in accordance with their purpose. The User acquires no ownership or other right in the Game Data, which remains attached to the Server.

11.4. Making and distributing videos, live streams and screenshots of gameplay on the Server are tolerated on a gratuitous basis, provided they harm neither the image of the Server nor the rights of other Users. The Publisher may withdraw this tolerance at any time, for one User or for all.

12. Service provided as is and Game Data

12.1. The Services are provided free of charge and as is, without any guarantee of availability, continuity, performance or absence of defects.

12.2. The Publisher may, at any time and without notice, modify, develop, suspend or discontinue all or part of the Services, a Game Mode or a Season, in particular for reasons of maintenance, updates, security, game balance or a change of Season.

12.3. The Publisher may modify, reset or delete all or part of the Game Data, in particular during updates, changes of Season or after a period of inactivity. The applicable inactivity, reset and Season rules are those in force at the time they apply.

12.4. The Publisher assumes no obligation to back up or restore Game Data. In the event of a technical incident, it may restore all or part of the Game Data from an earlier backup, which may result in the loss of progress made since, without compensation. The rights of purchasers of Digital Content are governed by the Terms of Sale.

13. Liability

13.1. The User is solely responsible for their use of the Services, the User Content they publish and the consequences of their breaches of these Terms of Use. The User indemnifies the Publisher against any claim, action or judgment resulting from such breaches, including reasonably incurred defense costs.

13.2. The Publisher is not liable for damage resulting from a case of force majeure within the meaning of article 1218 of the French Civil Code, from the act of the User, or from the act of a third party, in particular hosts, Mojang, Microsoft, Discord, voting sites and internet service providers.

13.3. The Publisher is not liable for the loss of Game Data, defects, rollbacks, interruptions and changes made under the conditions of article 12, nor for the resulting loss of progress, ranking or rewards.

13.4. The Services may contain links to third-party sites. The Publisher exercises no control over these sites and is not liable for their content.

13.5. The provisions of this article apply within the limits set by mandatory legal provisions, in particular with regard to a User who is a consumer.

14. Evidence agreement

The technical logs of the Server, the Site and the Discord kept by the Publisher under reasonable security conditions, in particular connection, in-game activity, voting and message logs, constitute proof of the facts they record. They are binding between the parties, unless proven otherwise, which the User may do by any means.

15. Personal data and cookies

The processing of personal data carried out in connection with the Services is described in the privacy policy and the cookie policy, available on the Site.

16. Term and termination

16.1. These Terms of Use apply throughout the period of use of the Services and, for provisions that by their nature survive it, in particular articles 9, 13 and 14, beyond that period.

16.2. The User may stop using the Services at any time, without formality. Such cessation gives rise to no return or retention of Game Data.

16.3. The Publisher may end a User's access to the Services under the conditions of article 7, or for all Users if the Services are discontinued.

17. Amendment of the Terms of Use

17.1. The Publisher may amend these Terms of Use and the Rules at any time, in particular to take account of changes to the Services or to regulations. The amended version is published on the Site or, for the Rules, in the game or on the Discord, with its update date, and becomes enforceable upon publication.

17.2. Continued use of the Services after publication constitutes acceptance of the amended Terms of Use and Rules. A User who does not accept them must stop using the Services. Purchases already concluded remain governed by the Terms of Sale accepted at the time of the order.

18. General provisions

18.1. Severability. If any provision of these Terms of Use is declared void, deemed unwritten or unenforceable, the other provisions retain their full force and effect.

18.2. No waiver. The fact that the Publisher does not rely on a breach, tolerates a situation or does not apply a provision of these Terms of Use or the Rules, even repeatedly, does not constitute a waiver of the right to rely on it later and creates no right in favor of the User.

18.3. Goodwill gestures. Any restoration, compensation, reward or lifting of a sanction granted by the Publisher is granted on an exceptional and gratuitous basis. It entails no admission of liability and creates no right for the future, for the person concerned or for any other User.

18.4. Entire agreement. These Terms of Use, the Rules and, for purchases, the Terms of Sale constitute the entire commitments of the parties relating to the use of the Services. No message, announcement, roadmap, social media post or statement by a third party creates any obligation on the Publisher unless expressly incorporated in these documents.

18.5. Assignment. The Publisher may assign the rights and obligations arising from these Terms of Use to any person taking over the operation of the Services, provided that such assignment entails no reduction of the User's rights.

18.6. Language. In the event of any discrepancy between the French version of these Terms of Use and a translation, the French version prevails, to the extent permitted by applicable law.

19. Governing law and disputes

19.1. These Terms of Use are governed by French law. This choice does not deprive a consumer User residing in another Member State of the European Union of the protection afforded by the mandatory provisions of the law of their country of residence.

19.2. Any complaint is sent to [email protected]. A consumer User may use a conventional mediation procedure or any other alternative dispute resolution method, without such recourse being mandatory.

19.3. Failing an amicable settlement, any dispute falls within the jurisdiction of the courts competent under the legal rules, including those of the French Consumer Code on territorial jurisdiction.