Table of Contents
- Access to the Applications
- Ownership of Intellectual Property
- In-Applications Currencies/Goods
- User Generated Content
- Posting on Other Websites
- Usage Rules
- Protection of Personal Information
- Disputes with Other Users
- Disclaimer of Warranties
- Limitation of Liability
- Fees and Payment
- Third Party Services and Websites
- Dispute Settlement
1. ACCESS TO THE APPLICATIONS
1.1 Subject to your acceptance of and continuing compliance with the Terms, we grant you a non-exclusive, non-transferable, non-assignable (without right to sublicense) and revocable limited license to install and use the Applications and related software solely in machine executable object code form (excluding source code) for your personal, non-commercial use, and not for the benefit of any third party, on your personal computer or mobile device(s) of which you are the primary user. We own and operate the Applications. You agree not to use the Applications for any other purpose, or to copy, reproduce, alter, modify or distribute the content of the Applications except as specifically permitted herein. We reserve all rights not granted herein.
1.2 We reserve the right, at our sole discretion, to add, change, modify or remove portions of the Terms in any way and at any time. However, no amendment to the Terms shall apply to a dispute of which we had actual notice before the date of the amendment.
1.3 We will notify you of any modifications to the Terms by posting them on your Application distributor’s website. You agree that you will periodically check your Application distributor’s website for updates to the Terms. You agree that you will be considered to have been given notice of any modifications once we post them on your Application distributor’s website and that your continued use of the Applications after such notice is posted shall be deemed your acceptance of the Terms as modified.
1.5 We reserve the right to suspend or discontinue the Applications or to modify the Applications’ content in any way and at any time without liability, with or without notice to you.
1.6 We may also impose limitations on certain features and services or restrict your access to portions or all of the Applications without notice or liability.
1.7 You also agree to be bound by any application, forum, or game specific rules published within the Applications.
1.8 Your use of the Applications is conditioned upon your compliance with the Terms, and any use of the Applications in violation of the Terms will be regarded as an infringement of our intellectual property rights in and to the Applications. We reserve the right to terminate your access to the Applications without notice if you violate any of the Terms.
1.9 You represent and warrant that (i) you are an individual (not a corporation) and are 13 years old or older; if you are between the ages of 13 and 18, you represent that you have obtained the consent of your parent or legal guardian and the Terms have been reviewed and agreed by them; (ii) all registration information you submit is accurate and truthful; and (iii) you will maintain the accuracy of such information. You also certify that you are legally permitted to use and access the Applications and are fully responsible for the selection and use of and access to the Applications. The Terms are void where prohibited by law, and the right to access the Applications is revoked in such jurisdictions.
2. OWNERSHIP OF INTELLECTUAL PROPERTY
2.1 Unless otherwise specified in writing, all materials that are part of the Applications (including without limitation any animations, artwork, audio-visual effects, catch phrases, character names, character profile information, characters, computer code, concepts, dialogue, documentation, game titles, games, graphics, illustrations, images, methods of operation, moral rights, musical compositions, objects, photographs, sounds, stories, text and themes) are owned, controlled or licensed by us and are protected by law from unauthorised use. All contents of the Applications are protected by international copyright laws. “DWeb3 Capital” and all names and logos of Applications or games published by us are trademarks owned by us and may not be used without our express written consent. We reserve all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with the Applications. All trademarks not owned by us that appear in the Applications are their respective owners’ property, who may or may not be affiliated with, connected to, or sponsored by us.
2.2 You do not acquire any of our ownership rights by using the Applications, downloading material from or uploading material to the Applications, or by purchasing any virtual goods therein.
2.3 You shall comply with all trademark rules, copyright notices, information and restrictions contained in any content accessed through the Applications. You agree not to broadcast, copy, create derivative works based on, display, license, modify, participate in the transfer or sale of, perform, publish, redistribute, reproduce, translate, transmit, upload or otherwise exploit for any purposes whatsoever any content or material from the Applications, except as expressly permitted herein, without our express prior written consent.
3. IN-APPLICATIONS CURRENCIES/GOODS
3.1 The Applications may include a virtual, in-application currency (“Virtual Currency”) including, but not limited to cash, chips, coins or points, that may be purchased from us for “real world” money if you are a legal adult in your jurisdiction. The Applications may also include virtual, in-application digital items (“Virtual Goods”) that may be purchased from us for “real world” money or for Virtual Currency. Our Virtual Currency has no monetary value and does not constitute currency or property of any type. Regardless of the terminology used, Virtual Currency and Virtual Goods may never be redeemed for “real world” money, goods or other items of monetary value from us or any other party. You acknowledge that your purchase of the Virtual Currency or Virtual Goods is final and is not refundable, exchangeable or transferable, in particular when we cease making the Applications available, whether such action is taken at our sole discretion or due to unforeseen events.
3.2 The price to be paid by you is the price indicated on the applicable website for the Applications or within the Applications. When you purchase a license to use our Virtual Currency or Virtual Goods, or purchase a subscription to use an Application, you agree to pay the applicable taxes that we or our agent assesses on your purchase. If you reside in Europe, the price includes any applicable VAT. We reserve the right to amend the price and specifications shown in relation to any Applications, any subscription, Virtual Currency and Virtual Goods. Where applicable, we will also state the period for which the relevant offer or price remains valid. If you decide not to complete a purchase, you should, if enabled by your device’s operating system, select “no” or close the window that requests your confirmation. Otherwise, to the extent the operating system, distributor and other factors permit, we may be able to provide you with a credit against your future purchases; we do not offer any returns or cancellations of purchases.
3.4 You may only use the services of any billing and payment provider identified on the applicable website or in the applicable Application to pay for the Virtual Currency. Until the billing and payment provider has authorized the use of your credit card or other applicable method for payment, we will not supply any products or services to you. You will be bound by such third party provider’s terms and conditions when using the billing and payment provider’s services. You may be required to create an account with the billing and payment provider, and to provide that provider with your bank account or credit or debit card details. Costs, specifically data charges and related tariffs, associated with accessing and using the Applications depends on your internet service provider and/or wireless carrier. Please refer to your provider’s terms and conditions for details.
3.5 Virtual Currency may only be held by legal residents of countries where access to and use of the Applications is permitted. A license to use Virtual Currency in our Applications may be purchased or acquired only from us through means we provide on the applicable website(s) or applicable Applications or otherwise expressly authorize. We reserve the right to limit, refuse or block your request(s) to purchase and/or acquire a license to use Virtual Currency in our Applications for whatever reason.
3.6 Other than a limited, personal, revocable, non-transferable, non-sublicensable license to use the Virtual Goods or Virtual Currency in the Applications, you do not own and have no right or title in or to any such Virtual Goods or Virtual Currency appearing in the Applications, or any other attributes associated with the use of the Applications or stored within the Applications. Any Virtual Currency balance shown in your account does not constitute a “real world” balance or reflect any stored value, but rather indicates the extent of your limited license to use the Virtual Currency in the Applications.
3.7 We have the absolute right to manage, regulate, control, modify and/or eliminate such Virtual Currency and/or Virtual Goods as we see fit in our sole discretion, and we are not liable to you or anyone for the exercise of such rights. Prices and availability of Virtual Goods are subject to change without notice to you and we are not liable to you or any third party for the exercise of such rights.
3.8 Any purported transfers of Virtual Currency or Virtual Goods are strictly prohibited except where explicitly authorised within the Applications. You are not allowed to sublicense, trade, buy, sell or attempt to sell or exchange any Virtual Currency or Virtual Goods for “real world” money or otherwise exchange items for value outside of the Applications. Any attempt to do so is prohibited and void, and is in violation of the Terms and may result in the termination of your license to use the Applications, a permanent ban from the Applications and possible legal action against you.
3.9 You agree that all sales of Virtual Goods and Virtual Currency are final. No refunds will be given, except in our sole and absolute discretion. If your account is terminated or suspended for any reason or if we discontinue providing the Applications, all Virtual Goods and Virtual Currency will be forfeited at our sole and absolute discretion.
4. USER GENERATED CONTENT
4.1 The Applications may invite you to chat or participate in blogs, message boards, online forums and other functionality and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to us and/or to or via the Applications, including, without limitation, comments, data, graphics, images, personal information, photographs, sounds, suggestions, text, writings or other material (collectively “User Content”). Any material you transmit to us will be treated as non-confidential and non-proprietary. We cannot guarantee that other users will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or do not want others to use, do not post it on the Applications. We shall not be responsible for evaluating, using or compensating you for any ideas or information that you may choose to submit.
4.2 If you submit suggestions, proposals, comments or other materials (collectively “Submissions”) within the Applications you understand and agree that we (i) have no obligation to keep your Submissions confidential; (ii) have no obligation to return your Submissions or respond in any way; and (iii) may use your Submissions for any purpose in any way without notice or compensation to you. We are not responsible for a member’s misuse or misappropriation of any content or information you post in any forums, blogs and chat rooms.
4.3 You are solely responsible for the information that you post on, through or in connection with the Applications and that you provide to others. You represent and warrant that your User Content is wholly original to you and you exclusively own the rights to your User Content, including the right to grant all of the rights and licenses in the Terms without us incurring any third party obligations or liability arising out of its exercise of the rights thereto granted herein by you.
4.4 By submitting or transmitting any User Content while using the Applications, you affirm, represent and warrant that such submission or transmission is (i) accurate and not confidential; (ii) free of viruses, adware, spyware, worms or other malicious code; and (iii) not in violation of any applicable laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property are in the User Content.
4.5 You grant to us the unrestricted, unconditional, unlimited, worldwide, irrevocable, transferable, perpetual fully-paid up and royalty-free, non-exclusive and unlimited right and license to adapt, archive, broadcast, cache copy, commercialize, create derivative works of, disclose, distribute, enter into computer memory, excerpt, fix, host, improve, introduce into circulation, lease, manufacture, modify, publicly display, publicly perform, publish, re-format, re-title, rent, reproduce, resell, sell, store, sublicense, transfer, translate, transmit, use, or otherwise exploit in any manner whatsoever, all or any portion of your User Content to which you have contributed, for any purpose whatsoever, in any and all formats, on or through any and all media, software, formula or medium now known or hereafter known or discovered, and with any technology or devices now known or hereafter developed and to advertise, market and promote the same.
4.6 To the extent permitted by applicable laws, you hereby waive any moral rights you may have in any User Content.
4.7 The license you grant us to use your User Content terminates when you remove or delete your User Content or you close your account, unless your User Content has been shared with others, and they have not removed or deleted it. However, you understand and accept that any removed or deleted content may remain in back-up copies for a reasonable period of time.
4.8 We have no obligation to monitor any User Content or enforce any intellectual property rights that may be associated with your User Content, but we are entitled to enforce such rights through any means as we deem fit, including taking and controlling actions on your behalf. We reserve the right to limit the storage capacity of the User Content that you post on, through or in connection with the Applications.
4.9 We have no obligation to accept, display, review, monitor or maintain any User Content. If we choose at any time, in our sole discretion, to monitor the Applications, we have the right, in our sole discretion, to remove or delete User Content from the Applications without notice to you for whatever reason at any time. By entering into the Terms, you hereby provide your irrevocable consent to such monitoring and recording. We may move, re-format, edit, alter, distort, remove or refuse to exploit User Content without notice to you and without liability; provided, however, that we reserve the right to treat User Content as content stored at the direction of users for which we will not exercise editorial control except to enforce the rights of third parties and the Content Restrictions set forth in Section 6 below when violations are brought to our attention.
4.10 You acknowledge that you do not rely on us to monitor or edit the Applications and that the Applications may have content which you find offensive and you hereby waive any objections you might have with respect to viewing such content.
4.11 You also understand that we cannot guarantee (i) the identity of any other users with whom you may interact in the course of using the Applications; and (ii) the authenticity of any data which users may provide about themselves. You acknowledge that all content accessed by you using the Applications is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
5. POSTING ON OTHER WEBSITES
5.1 Subject to the Terms, we agree to grant you a limited, revocable, non-exclusive, non-transferable license to post an image of your personal avatar and/or screen shot from your account within the Applications and any other materials that we specifically authorize in writing may be posted, for non-commercial purposes only, on other websites, on your own personal website or on a third party website that permits posting of content at the direction of users, provided that such third party website (i) is not our commercial competitor, (ii) does not criticize, or take other actions that could reasonably expected to result in harm to, us, (iii) does not obtain any rights to such posted content other than a non-exclusive license to post it at your direction, (iv) does not charge for access to such posted content and does not associate products, services or advertising with such posted content, and (v) together with all website to which it links, complies with all applicable laws, and does not in any way abuse, defame, stalk, threaten or violate the rights of privacy, publicity, intellectual property or other rights of any kind of any third party or, in any way, post, publish, distribute, disseminate or facilitate any inappropriate, infringing, defamatory, profane, indecent, obscene, illegal/unlawful or otherwise objectionable contents, information, topic, name or other material (an “Authorised Website”). All of our rights and remedies are expressly reserved, and we may revoke this limited license, in whole or in part, upon notice.
5.2 Without limitation to the generality of Section 5.1, the following terms and conditions apply to your posting of a copy of your avatar and/or screenshots on an Authorised Website:
you must display a prominent link to the Application’s homepage in connection with any of your use of the content or material permitted hereunder, including, without limitation, in e-mails you are sending friends.
you must display the statement “Copyright DWeb3 Capital, LLC. All Rights Reserved. Used With Permission.” on every page on which the posting appears.
you agree to include, and not remove or alter, our trademark, copyright, intellectual property rights or other proprietary rights notices, as provided by us on the Applications and within email page(s), when displaying an avatar or images from our Applications, and you agree to comply with usage guidelines that may be provided by us from time to time. You agree that all goodwill that arises in connection with your use of our trademarks inures exclusively to us, and you agree not to challenge our ownership or control of any of our trademarks, nor use or adopt any trademarks that might be confusingly similar to such of our trademarks.
6. USAGE RULES
6.1 As a condition of your use of and access to the Applications, you agree to comply with these Usage Rules, which are provided as an example rather than as a limitation, and any application or game specific rules published within the Applications. These Usage Rules are not meant to be exhaustive, and it is at our sole discretion to determine what conduct it considers to be a violation of the Terms or improper use of the Applications and to take action up to and including termination of your account and exclusion from further participation in the Applications. We may also post additional rules that apply to your conduct during your use of and access to the Applications.
6.2 Any use of the Applications in violation of these Usage Rules, as determined by us in our sole discretion, is strictly prohibited, and can result in the immediate revocation of your limited license granted under Section 1, and you may be liable for violations of law. Any attempt by you to disrupt or interfere with the Applications, including undermining or manipulating the legitimate operation of any of the Applications is a violation of our policy and may constitute a violation of criminal and civil laws.
6.3 You agree that your use of and conduct on the Applications shall be lawful and your User Content will not:
include profanity or any obscene, indecent, pornographic, sexual or otherwise objectionable content or language.
include any offensive comments that are connected to gender, national origin, physical handicap race or sexual preference; hate speech is strictly not tolerated.
promote violence or describe how to perform a violent act.
abuse defame, disparage, embarrass, harass, intimidate, libel, mock, ridicule, spam, threaten or do anything else to anyone that is unwanted.
violate the contractual, personal, intellectual property or other rights of any party, or promote or constitute illegal activity.
be in violation of the Terms or the Applications’ rules of conduct.
(collectively “Content Restrictions”).
6.4 You also agree that you will not, under any circumstances:General
use abusive, offensive, or defamatory screen names and/or personas.
engage in cheating or any other activity deemed by us to be in conflict with the spirit or intent of the Applications, including but not limited to circumventing or manipulating the Terms, our game rules, game mechanics or policies.
make improper use of our support services or submit false reports of abuse or misconduct.
use the Applications, intentionally or unintentionally, in connection with any violation of the Terms or any applicable law, rule or regulation or any other requirements or restrictions posted by us on the Applications, or do anything that promotes the violation of the above.
promote, encourage or take part in any activity involving hacking, cracking, phishing, taking advantage of exploits or cheats and/or distribution of counterfeit software and/or Virtual Goods or Virtual Currency.
attempt to impersonate any other person, indicate falsely that you are our employee or representative, or attempt to mislead users by indicating that you represent us or any of our partners or affiliates.
trick, defraud or mislead us or other users of the Applications, especially in any attempt to learn sensitive account information such as passwords.
create user accounts by automated means or under false pretences or mislead others as to the origins of your communications.
use any game cheating/hacking/altering software or tools.
except as may be the result of standard search engine or web browser usage, use or launch, develop or distribute any automated system, including, without limitation, any cheat utility, robot (or “bot”), spider, scraper or offline reader that accesses the Applications, or use or launch any unauthorised script or other software.
block or obscure any notice, banner or advertisement on the Applications.
disguise the source of your User Content or other information you submit to the Applications or use tools which anonymise your internet protocol address (e.g. anonymous proxy) to access the Applications.
disrupt, overburden, or aid or assist in the disruption or overburdening of (i) any computer or server used to offer or support the Applications or any of our game environment (each a “Server”); or (ii) the enjoyment of the Applications or any of our games by any other person.
upload any software or content that you do not own or have permission to freely distribute.
sell the Applications or any part thereof including but not limited to Virtual Goods or Virtual Currency, user accounts and access to them in exchange for real currency or items of monetary value.
post or transmit unsolicited advertising, promotional materials or other forms of solicitation in-application or in the forums.
engage in any commercial activities, including, without limitation, any attempt to raise money for anyone or advertise or promote a product, service, website, pyramid scheme or other multi-tiered marketing scheme.
post messages for any purpose other than personal communication, or transmit unauthorized communications through the Applications, including advertising or promotional messaging, chain letters, pyramid schemes, or other commercial activities.
upload, disseminate or transmit (or attempt to upload, disseminate, or transmit) adware, bombs, cancelbots, corrupted data, keyboard loggers, time spyware, Trojan horses, viruses, worms or any other malicious or invasive code or program or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text) that interferes with any person’s uninterrupted use and enjoyment of the Applications and User Content or alters, disrupts, impairs, interferes with or modifies the use, features, functions, operation or maintenance of the Applications or the User Content.
decompile, reverse assemble, reverse engineer, modify or attempt to discover any software (source code or object code) that the Applications create to generate web pages or any software or other products or processes accessible through the Applications.
disparage, tarnish, or otherwise harm, in our opinion, us and/or the Applications.
interfere or attempt to interfere with the proper functioning of the Applications or connect to or use the Applications in any way not expressly permitted by the Terms.
attempt to gain unauthorized access to the Applications, other party’s registered accounts or to the computers, Servers, or networks connected to the Applications by any means other than the user interface provided by us, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Applications.
interfere with or circumvent any security feature of the Applications or any feature that restricts or enforces limitations on use of or access to the Applications or User Content.
make any automated use of the system, or take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure.
bypass any robot exclusion headers or other measures we employ to restrict access to the Applications or use any software, technology, or device to send content or messages, scrape, spider, or crawl the Applications, or harvest or manipulate data.
use any unauthorized third party software that accesses, intercepts, “mines”, or otherwise collects information from or through the Applications or that is in transit from or to the Applications, including, without limitation, any software that reads areas of RAM or streams of network traffic used by the Applications to store information about our game characters, elements, or environment; we may, at our sole and absolute discretion, allow the use of certain third party user interfaces.
copy, modify or distribute rights or content from any of our sites or games, or our copyrights or trademarks or use any method to copy or distribute the content of the Applications except as specifically allowed in the Terms.
use, facilitate, create, or maintain any unauthorized connection to the Applications, including without limitation (i) any connection to any unauthorized server that emulates, or attempts to emulate any part of the Applications; or (ii) any connection using programs, tools, or software not expressly approved by us.
intercept, examine or otherwise observe any proprietary communications protocol used by a client, a Server, or the Applications, whether through the use of a network analyzer, packet sniffer or other device.
collect or reveal through the Applications any personal information (whether in text, image or video form) about another individual, including another person’s address, phone number, e-mail address, credit card number, financial information or any information that may be used to track, contact or impersonate that individual.
solicit or attempt to solicit personal information from other users of the Applications.
upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware”, “passive collection mechanisms” or “pcms”).
6.5 As we do not control or endorse the content, messages or information found in User Content portions of the Applications or external sites that may be linked to or from the games or their forums, we specifically disclaim any responsibility with regard thereto. However, we reserve the right to access and/or record any online activity during your use of and access to the Applications and you hereby consent to our access and record of your activities. We also reserve the right to remove any of the User Content at our sole discretion.
7. PROTECTION OF PERSONAL INFORMATION
8. DISPUTES WITH OTHER USERS
You are solely responsible for your interaction with other users of the Applications and other parties that you come in contact with through the Applications. We hereby disclaim any and all liability to you or any third party relating to your use of the Applications. We reserve the right, but have no obligation, to monitor and/or manage disputes between you and other users of the Applications. If you have a dispute with other users or other parties, you agree to release us and indemnify us from any claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
9. DISCLAIMER OF WARRANTIES
WE HAVE NO SPECIAL RELATIONSHIP WITH OR FIDUCIARY DUTY TO YOU. YOU ACKNOWLEDGE THAT WE DO NOT HAVE CONTROL OVER OR DUTY TO TAKE ANY ACTION REGARDING: WHICH USERS GAIN ACCESS TO THE APPLICATIONS; WHAT CONTENT YOU ACCESS THROUGH THE APPLICATIONS; HOW YOU MAY INTERPRET, USE OR BE AFFECTED BY THE APPLICATIONS OR THE CONTENT ACCESSED THEREIN; OR WHAT ACTIONS YOU MAY TAKE AS A RESULT OF HAVING BEEN EXPOSED TO THE APPLICATIONS. YOU HEREBY RELEASE US FROM ALL LIABILITY FOR YOU HAVING ACQUIRED OR NOT ACQUIRED ANY CONTENT THROUGH THE SOFTWARE. THE APPLICATIONS MAY CONTAIN, OR DIRECT YOU TO WEBSITES CONTAINING, INFORMATION THAT SOME PEOPLE MAY FIND OFFENSIVE OR INAPPROPRIATE. WE MAKE NO REPRESENTATIONS OR WARRANTIES CONCERNING ANY CONTENT CONTAINED IN OR ACCESSED THROUGH THE APPLICATIONS, AND WE WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY OR DECENCY OF MATERIAL CONTAINED IN OR ACCESSED THROUGH THE APPLICATIONS.