Dragonplay

Terms of Use

Terms of Service

This Terms of Service (“Terms”) is a legally binding agreement that governs your use of Dragonplay applications offered by Dragonplay Ltd. (hereinafter: “Dragonplay”) and accessed through third party web sites (collectively, the “Service”).
By using or accessing the Service, you agree to be bound by these Terms.

1) Access to Dragonplay Service
a) Subject to your acceptance of these Terms, Dragonplay grants to you a non-exclusive, non-transferable, revocable limited license to use and display the Service and related software (excluding source and object code) for your personal (or household) non-commercial use by any machine(s) of which you are the primary user. You agree not to use the Service for any other purpose, or to copy or distribute the content of the Service except as specifically allowed in this agreement.

b) Dragonplay reserves the right, at our discretion, to change, modify, add or remove portions of these Terms of Service and/or the application offered by Dragonplay, including without limitation the Virtual Currency (as defined below) (including such currency conversion ratio or any other related matter), the fees payable to Dragonplay, at any time by posting the amended Terms on or within the Service. You may also be given additional notice, such as an e-mail message or messaging within the Service, of any changes. You hereby agree that you will be deemed to have accepted such any and all of such changes by continuing to use the Service following any such change.

You agree that you will,

1) periodically check http://www.Dragonplay.com/terms.aspx for updates to these Terms, and
2) you will read the messages we send you to inform you of any changes. You agree that you will be considered to have been given notice of any modifications once we post them to http://www.Dragonplay.com/terms.aspx and that your continued use of the Service after such notice shall be deemed an acceptance of any changes.

c) Dragonplay reserves the right discontinue the Service or to change the content of the Service in any way and at any time, with or without notice to you, without liability.
d) You agree to be bound by any application, forum, or game specific rules published within the Service.
e) Your use of the Service is conditioned upon your compliance with these Terms and any use of the Service in violation of these Terms will be regarded as an infringement of Dragonplay’s copyrights in and to the Service. Dragonplay reserves the right to terminate your access to the service without notice if you violate these Terms.
f) You represent that you are 13 years old or older. Additionally, if you are between the ages of 13 and 18, you represent that your legal guardian has reviewed and agrees to the Terms.
g) You must be over the age of 18 in order to buy in-game currency through PayPal or any other payment methods.

h) GENERALLY, GAME OR OTHER ACCOUNTS CREATED WITH DRAGONPLAY WILL BE CONSIDERED ACTIVE UNTIL WE RECEIVE A USER REQUEST TO DEACTIVATE OR DELETE THEM; HOWEVER, WE RESERVE THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS
i) WITHOUT LIMITING ANY OTHER REMEDIES, DRAGONPLAY MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICE OR PORTIONS THEREOF IF YOU ARE, OR DRAGONPLAY SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OF SERVICE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USER NAME AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND DRAGNPLAY IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.

j) Dragonplay reserves the right to stop offering and/or supporting the Service or a particular game or part of the Service at any time either permanently or temporarily, at which point your license to use the Service or a part thereof will be automatically terminated or suspended. In such event, DRAGONPLAY shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued elements of the Service.

Termination of your Account can include disabling your access to the Service or any part thereof including any content you submitted or others submitted.

k) Guest players that will change, replace, format etc. their devices will lose their account information including, but not limited to, their account balance and rank.

2) Ownership of Intellectual Property
a) Unless otherwise specified in writing, all materials that are part of the Service are owned, controlled, or licensed by Dragonplay and are protected by law from unauthorized use. The entire contents of the Service are copyrighted under the United States copyright laws and/or similar laws of other jurisdictions. Dragonplay, the Dragonplay logos, and all game names are trademarks of Dragonplay and may not be used without the express written permission of Dragonplay.
b) You do not acquire any ownership rights by using the Service, downloading material from or uploading material to the Service, or by purchasing any virtual goods.
c) You agree not to copy, redistribute, publish or otherwise exploit material from the Service, except as expressly permitted herein, without the express prior written permission of Dragonplay.
d) All comments, feedback, suggestions, ideas, and other submissions ("Ideas") disclosed, submitted, or offered to Dragonplay in connection with the use of the Service shall be the exclusive property of Dragonplay. You agree that unless otherwise prohibited by law Dragonplay may use, sell, exploit and disclose the Ideas in any manner, without restriction and without compensation to you.

e) This product includes software developed by Greg Roelofs and contributors for the book, "PNG: The Definitive Guide," published by O'Reilly and Associates.

3) In-Game currencies/goods
a) The Service may include a virtual, in-game currency (“Virtual Currency”) including, but not limited to coins, cash, or points, that may be purchased from Dragonplay for “real world” money if you are a legal adult in your country of residence. The Service may also include virtual, in-game digital items (“Virtual Goods”) that may be purchased from Dragonplay for “real world” money or for Virtual Currency. 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 Dragonplay or any other party.
b) Other than a limited, personal, revocable, non-transferable, non-sublicenseable license to use the Virtual Goods or Virtual Currency in the Service, you have no right or title in or to any such Virtual Goods or Virtual Currency appearing or originating in the Service, or any other attributes associated with use of the Service or stored within the Service.
c) Dragonplay has the absolute right to manage, regulate, control, modify and/or eliminate such Virtual Currency and/or Virtual Goods as it sees fit in its sole discretion, and Dragonplay shall have no liability to you or anyone for the exercise of such rights.
d) Transfers of Virtual Currencies and Virtual Goods are strictly prohibited except where explicitly authorized within the Service. Outside of the game, you may not buy or sell any Virtual Currency or Virtual Goods for “real world” money or otherwise exchange items for value. Any attempt to do so is in violation of these Terms and may result in a lifetime ban from Dragonplay Service and possible legal action.
e) You agree that all sales of Virtual Goods and Currencies are final. No refunds will be given, except in our sole and absolute discretion. All Virtual Goods and Currencies are forfeited if your account is terminated or suspended for any reason, in Dragonplay's sole and absolute discretion, or if Dragonplay discontinues providing the Service.
f) Payment of Fees:

You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. DRAGONPLAY may revise the pricing (including the conversion ratio of the Virtual Currency) for the goods and services it licenses to you through the Service at any time. You hereby agree and acknowledge that you will receive the Virtual Currency purchased by you in accordance with the conversion ratio and pricing method applicable to such currency at the date of the actual receipt by you of such currency in your account (which may occur on the date of payment by you or several days thereafter). In addition, you hereby agree that DRAGONPLAY may revise the Virtual Currency including without limitation the kind thereof and/or the conversion ratio of the Virtual Currency previously purchased or allocated by and/or to existing users, provided that such changes apply in the same manner vis-à-vis all existing users, without a different application to different users, even though the result of such equal application may be different with respect to different users due to the quantity and kind of Virtual Currency held by them and/or even though such an change will change the economic value of the existing users. YOU ACKNOWLEDGE THAT DRAGONPLAY IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY

g) You must be over the age of 18 in order to buy in-game currency through PayPal or any other payment methods.
h) It is strictly prohibited to purchase from, or sell any kind of virtual currency to any person.

4) Usage Rules and Abuse policy
a) Dragonplay acknowledges the importance of keeping a tolerant and safe environment for all players, and therefore we encourage our players to report any of the behaviours specified bellow (sections c, d and e) by sending an email, with the abuser’s user name, to abuse@dragonplay.com.
i) The Dragonplay chat system implements an offensive words filtering system which can be edited in real time. Dragonplay's filtering base includes more then 2000 words and phrases. Any attempt to use those words turns automatically into stars (***).
ii) A player who is reported as an abuser for the first time will receive a warning and our filter will be updated to block similar offensive content. A player who is reported as an abuser for the 3rd time will be permanently blocked from all Dragonplay servers.
b) As a condition of your use of and access to the Service, 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 Service.
c) You agree that your use of and conduct on the Service shall be lawful and your User Content will not:
i) include any offensive comments that are connected to race, national origin, gender, sexual preference or physical handicap;
ii) include profanity or any obscene, indecent, pornographic, sexual or otherwise objectionable content or language;
iii) defame, libel, ridicule, mock, disparage, threaten, harass, intimidate or abuse anyone;
iv) promote violence or describe how to perform a violent act;
v) violate the contractual, personal, intellectual property or other rights of any party, or promote or constitute illegal activity; or
vi) be in violation of these Terms or the game rules of conduct (collectively "Content Restrictions").
d) You and your activities on the Service will not:
i) reveal any personal information about another individual, including another person's address, phone number, e-mail address, credit card number or any information that may be used to track, contact or impersonate that individual;
ii) attempt to impersonate any other party;
iii) create user accounts by automated means or under false pretenses or mislead others as to the origins of your communications;
iv) trick, defraud or mislead Dragonplay and other users, especially in any attempt to learn sensitive account information such as passwords;
v) make improper use of Dragonplay’s support services or submit false reports of abuse or misconduct;
vi) 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;
vii) disparage, tarnish, or otherwise harm, in Dragonplay's opinion, Dragonplay and/or the Service;
viii) violate these Terms or any local, state, federal or international law, rule or regulation or any other requirements or restrictions posted by Dragonplay on the Service;
ix) disseminate or transmit viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots or any other malicious or invasive code or program;
x) upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text) that interferes with any party's uninterrupted use and enjoyment of the Service and User Content or modifies, impairs, disrupts, alters or interferes with the use, features, functions, operation or maintenance of the Service, the User Content;
xi) copy or adapt the Service’s software including but not limited to Flash, PHP, HTML, JavaScript or other code;
xii) reverse engineer, decompile, reverse assemble, modify or attempt to discover any software (source code or object code) that the Service create to generate web pages or any software or other products or processes accessible through the Service;
xiii) 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"), 1x1 pixels, web bugs, cookies or other similar devices (sometimes referred to as "spyware," "passive collection mechanisms" or "pcms");
xiv) except as may be the result of standard search engine or Internet browser usage, use or launch, develop or distribute any automated system, including, without limitation, any spider, robot (or "bot"), cheat utility, scraper or offline reader that accesses the Service, or use or launch any unauthorized script or other software;
xv) cover or obscure any notice, banner or advertisement on the Service;
xvi) disguise the source of your User Content or other information you submit to the Service or use tools which anonymize your internet protocol address (e.g. anonymous proxy) to access the Service;
xvii) interfere with or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Service, Collaborative Content or the User Content;
xviii) sell the Service 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; or
xix) engage in cheating or any other activity deemed by Dragonplay to be in conflict with the spirit or intent of the Service.
e) Dragonplay does not control or endorse the content, messages or information found in User Content portions of the Service or external sites that may be linked to or from the games or their forums and, therefore, Dragonplay specifically disclaims any responsibility with regard thereto.
f) Dragonplay reserves the right to disable any account that has been involved in any activity that is in violation of any of the provisions of these Terms and Conditions.

5) Privacy and Protection of Personal Information.
a) Dragonplay respects the privacy of visitors to our game. Information collected from you is subject to the pertinent social network’s policy. By playing the game, you may be granting your social network permission to share your e-mail address and any other personally identifiable information with Dragonplay. Please see Dragonplay’s Privacy Policy at http://www.Dragonplay.com/privacy.aspx for more information on the collection and use of your information. You acknowledge and agree that this Privacy Policy, including, but not limited to, the manner in which Dragonplay collects, uses and discloses your personally identifiable information, is incorporated and made part of these Terms. If User does not agree to each and every part of Dragonplay's Privacy Policy, then you should not play the game or submit any personally identifiable information through this game. Questions regarding privacy issues should be directed to privacy@Dragonplay.com.

6) Disclaimers, Limitations of Liability
a) YOU HEREBY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW WITH ANY LEGALLY REQUIRED WARRANTY PERIOD TO THE SHORTER OF THIRTY DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED). WITHOUT DEROGATING FROM THE FOREGOING, NEITHER DRAGONPLAY NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS ("DRAGONPLAY PARTIES") WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

b) YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, (I) THE LIMITATIONS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT THE DRAGONPLAY PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE, AND (II) UNDER NO CIRCUMSTANCES WILL THE DRAGONPLAY PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID DRAGONPLAY IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID DRAGONPLAY ANY AMOUNTS IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH DRAGONPLAY IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT. SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU,. YOU FURTHER ACKNOWLEDGE THAT THE DRAGONPLAY PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE DRAGONPLAY PARTIES LIABLE, FOR THE CONDUCT OF ANY THIRD PARTIES AND THAT THE RISK OF THE SERVICE AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. IN PARTICULAR, NOTHING IN THESE TERMS SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF DRAGONPLAY.

7) Indemnification

You agree to indemnify, save, and hold DRAGONPLAY Parties harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Service, any violation by you of these Terms, or any breach of the representations, warranties, and covenants made by you herein. DRAGONPLAY reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify DRAGONPLAY, and you agree to cooperate with DRAGONPLAY’s defense of these claims. DRAGONPLAY will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

You agree that the provisions in this paragraph will survive any termination of your Account(s) or of the Service.

8) Governing Law and Jurisdiction
a) You and DRAGONPLAY hereby agree to resolve any dispute arises between you and DRAGONPLAY in connection with this Agreement or the Service (a "Claim") in accordance with one of the subsections below or as DRAGONPLAY and you otherwise agree in writing. In the event of such dispute, you are encouraged to first contact DRAGONPLAY directly to seek a resolution. DRAGONPLAY will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

b) This Agreement and any dispute arising out of or related to it or the Service shall be governed in all respects by the laws of the State of New-York as they apply to agreements entered into and to be performed entirely within New-York without regard to conflict of law provisions. You agree that any claim or dispute you may have against DRAGONPLAY must be resolved exclusively by a state or federal court located in New-York, except as otherwise agreed by the parties.