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D3PUBLISHER TERMS OF USE

Last updated November 23, 2020

These Terms of Use are entered into by and between you (“you” or “your”) and D3Publisher of America, Inc., and its subsidiaries and affiliates (collectively, “D3Publisher”, “we”, “our”, or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use” or “Terms”), govern your access to and use of applies to all of our mobile applications (“App(s)”), websites (“Site(s)”), games, and other digital properties that link to this Privacy Policy, regardless of how you access or use them or engage with us, including through mobile devices or offline (collectively, the “Services”). You and D3Publisher may each also be referred to as a “Party”, and collectively as the “Parties.”

Please read these Terms carefully before accessing or using our Services. By clicking to accept the Terms, you affirmatively accept and agree to be bound and abide by these Terms and our Privacy Policy found at https://d3go.com/legals/#privacy_policy, incorporated herein by reference (“Privacy Policy”), and to comply with all applicable laws and regulations. IF YOU DO NOT AGREE, DO NOT ACCESS OR OTHERWISE USE THE SERVICES.

All rights not expressly granted to users in these Terms of Use are hereby reserved by D3Publisher.

Children Under the Age of 13

By using these Services, you represent and warrant that you are of legal age to form a binding contract with us. Parents/guardians are jointly and severally liable for all acts (including purchases and payments made on or through the Services) and omissions of their children aged under eighteen (18) years when accessing or using the Services. If you do not meet all of these requirements, you must not access or use the Services. We reserve the right to request proof of age of any user, at any time, to confirm if access and use are in compliance with these Terms of Use, as well as to cancel any noncompliant accounts. If you are a parent or guardian and believe we have collected children’s personal information in a manner not permitted by applicable law, please contact us by sending a letter to the following address, and we will take corrective action required under applicable law.

D3 Publisher of America, Inc.
Attn.: Privacy Policy Administrator
15910 Ventura Blvd., Suite 800
Encino, CA 91436
(310) 268-0820
[email protected]

Basic Terms

You understand and agree that you use the Services at your own risk. We have the right to terminate your access and use of the Services at any time for any reason, including if you violate these Terms or otherwise create risk or possible legal exposure for us. Any unauthorized use of the Services is expressly prohibited and we may take any action we deem appropriate, which may include, without limitation, suspension or termination of your account, access to the Services, disqualification from current and future games, and termination of the licenses granted hereunder. The foregoing shall not limit or restrict our available remedies at law.

Changes to Terms of Use.

We reserve the right to amend or update these Terms of Use at any time with or without notice to you, except as required by applicable law. We may also add new features or functionality to, or change or remove existing features or functionality from, the Services that will be subject to the Terms of Use. Any user who continues to use the Services after any changes are made will be deemed to have agreed to those changes.

Access and Costs

We make no warranty that the Services can be accessed on all personal computers, games consoles, smartphones, tablets or other devices (each, a “Device”, or in the plural, “Devices”), by means of any specific Internet or other connection provider, or in all countries. You are solely responsible for any third-party costs you incur in order to use the Services and for making all arrangements necessary for you to have access to the Services.

To access the Services, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide on the Services is correct, current, and complete. You agree that all information you provide to register with the Services, submit requests, or in any interactive features, is governed by our Privacy Policy.

Territorial Restrictions.

The information provided within or in connection with the Services, including, without limitation, the D3Publisher Content (defined below), is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Services or any portion of the Services, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, Property or other feature that we provide.

These Terms of Use were written in English (US). To the extent any translated version of these Terms of Use conflicts with the English version, the English version controls.

Account Creation, Suspension and Deactivation

You are responsible for any activity that occurs in the real world and through your account. If available, we prohibit the creation of, and you agree that you will not create, an account for anyone other than yourself. You agree to update your information as necessary to maintain its truth, accuracy, and confidentiality.

You shall not select any username which falsely indicates or implies an association with us, is offensive, defamatory, vulgar, obscene, sexually explicit, racially, ethnically, or otherwise objectionable. You may not use a misspelling or alternative spelling to circumvent this restriction.

You are responsible for keeping your password secret and secure.

You can request deactivation of your account (if any) by emailing [email protected] Upon the deactivation or termination of your account for any reason, all account or user data may no longer be accessible to you, including, without limitation, any content uploaded, collectibles, items, and other user account progress information. Upon termination, all licenses and other rights granted to you in these Terms of Use will immediately cease.

Social Media Accounts

If you are a registered user of social media sites you may be able to connect your social media account(s) to your account on the Services (if your applicable account has this functionality enabled). Your social media accounts are subject to their own terms of service by and from the applicable third party social media account provider (e.g. Facebook, Amazon/Twitch, Steam, etc.). You acknowledge and agree that irrespective of whether you use an anonymous gamer tag or username, once you connect your account to your social media account, your real name will be available and viewable by your social media “friends”. We are not responsible for your use of your social media accounts and/or your use thereof in connection with the Services. Please also see our Privacy Policy for additional information on social media accounts.

Payments

We reserve the right, at any time, to change any fees or charges for any product or Service (or to begin charging fees for any free product or service), provided that such changes will not apply to fees or charges paid or free services used prior to the time of the change. YOU AGREE TO PAY ALL FEES AND APPLICABLE TAXES INCURRED BY YOU OR ANYONE USING THE SERVICES FROM YOUR DEVICE.

You may pay for certain Services and D3Publisher Content in the currency available to and selected by you using the methods made available to you, such as through a payment processor, and you agree to the terms and conditions applicable to such third party payment processor and each payment method you choose. By paying for Services or D3Publisher Content you (i) represent that you are authorized to use the payment method you have selected and that any payment information you provide is true and accurate; (ii) authorize the party charging you for the Services or D3Publisher Content to take payment from you for the Services or D3Publisher Content, using the payment method you have selected; and (iii) accept the terms of service and privacy policies of our third party payment processors.

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE D3PUBLISHER AND EACH OF THE OTHER RELEASED PARTIES (DEFINED BELOW) FROM ANY CLAIMS OR DAMAGES OF ANY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, RELATING TO YOUR PAYMENTS BY AND THROUGH THE THIRD PARTY PROCESSOR. YOU AGREE, UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS.

D3Publisher Content and License

Unless otherwise noted, the Services as a whole or in part, and all materials that are part of the Services, including without limitation, D3Publisher’s name and logos, game properties, data and analytics, photographs, characters, illustrations, graphics, visual material, video, copy, text, virtual goods, software, titles, code, data and materials used in connection with the Services, the compilation of any of the foregoing, and other materials, products, services and intellectual property made available via the Services (collectively, “D3Publisher Content”) are copyrights, trademarks, trade dress, patent, or other intellectual properties owned, controlled, or licensed by D3Publisher or its subsidiaries and affiliates. You may only use D3Publisher Content for your personal, noncommercial use; any other use of the D3Publisher Content without our express written consent in each instance is strictly prohibited. No right, title, or interest in any D3Publisher Content is granted or transferred to you as a result of your access or use. To the fullest extent permitted by applicable law, this license granted to use the Services is non-transferable. You acknowledge and agree that you shall have no ownership or other property interest in your account and that all rights in and to your account are and shall forever by owned and inure to the benefit of D3Publisher. You further acknowledge and agree that you have no claim, right, title, ownership, or other proprietary interest in the D3Publisher Content, regardless of any consideration offered or paid in exchange for such D3Publisher Content. You may not rent, lease, lend, sell, redistribute or sublicense the Services. Unless otherwise noted herein, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell, or participate in any sale of, or exploit in any way, any of the D3Publisher Content or Services. Unauthorized use of the D3Publisher Content is expressly prohibited by law, and may result in severe civil and criminal penalties. Any use of the D3Publisher Content and Services shall be solely for your private use. You may not remove or alter D3Publisher’s or its licensor’s trademarks or logos, or legal notices included in the Services, D3Publisher Content, or related assets. These Terms of Use will govern any upgrades provided by us that replace and/or supplement the Services, unless such upgrade is accompanied by a separate (and/or updated) agreement in which case the terms of that agreement will govern.

YOU ACKNOWLEDGE AND AGREE THAT, OTHER THAN LICENSE GRANTED TO YOU BY THESE TERMS OF USE, YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY SERVICES OR D3PUBLISHER CONTENT (INCLUDING WITHOUT LIMITATION ANY VIRTUAL GOODS), AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ALL RIGHTS IN AND TO SUCH PROPERTY AND COMPANY CONTENT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF D3PUBLISHER AND ITS LICENSORS.

We reserve the right to modify or terminate the Services or your access to the Services for any reason, without notice, at any time, and without liability to you.

No Guarantee

We do not guarantee that any Services or D3Publisher Content will be available at all times or at any given time or that Company will continue to offer the Property or D3Publisher Content for any particular length of time. Company may change and update the Services or D3Publisher Content without notice to you. Company makes no warranty or representation regarding the availability of any Services or D3Publisher Content features and reserves the right to modify or discontinue Services or D3Publisher Content features in its discretion without notice, including, without limitation, ceasing an online service for economic reasons due to a limited number of users continuing to make use of the online service over time. To the fullest extent permitted by applicable law (i) we and our licensors reserve the right to change, suspend, remove, or disable access to any Services or D3Publisher Content at any time without notice, and (ii) we will not be liable for the removal of or disabling of access to any Services or D3Publisher Content.

The Services may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the Services at any time, but we have no obligation to update any information on the Services. You agree that it is your responsibility to monitor changes to our site.

Pricing and Payments

All prices, discounts and descriptions made available on the Services are subject to availability, and may be withdrawn or revised at any time. While we try to be as accurate as possible in the descriptions regarding the products and Services, there may be errors in the information displayed to you. Prices may be indicated on the Services or an order acknowledgement, but the authoritative price in the event of any discrepancy, is the price in effect at the time of acceptance through the charge placed through your selected payment method. Payment shall be made by the payment method selected during your order completion process. We will charge credit or debit cards on dispatch or commencement of the product or Service. We reserve the right to verify and/or authorize credit or debit card payments prior to acceptance. For that reason, we reserve the right to notify you of any errors in product or Service descriptions or in the price prior to the dispatch. If the price is incorrect, regardless of whether it is an error in a price posted on the Services or otherwise communicated to you, then we reserve the right, at our sole discretion, to cancel your order and refund to you the amount that you paid, regardless of how the error occurred. Except as expressly provided elsewhere in these Terms, payment may be taken in full notwithstanding any claim for short delivery or defects.

We offer various payment methods on our Services, some of which are managed by third-party payment and billing providers for which additional terms and costs may apply. Please review such additional terms and costs carefully. You may also be required to create an account with such third-party provider. You agree that we may, at our sole discretion and without further notice, determine and change the availability of certain payment solutions, from time to time without any liability to you. We reserve the right to suspend and/or revoke your account and/or to restrict you from placing orders in the Services and/or to restrict you from using certain payment methods, if we reasonably suspect that you have undertaken (or are attempting/have attempted to undertake) a fraudulent transaction.

Unauthorized “chargebacks” (unwarranted or illegitimate refunds) violate these Terms, and players who engage in the practice will have their accounts removed from the game. Additional steps may also be taken at our discretion.

Rules of Conduct

1. You shall not participate in any activity that is in violation of any federal, state, or local law including without limitation, all regulatory, administrative and legislative authorities.
2. You shall not use the Services to develop, host, or distribute cheats, automation software (bots), modded lobbies, hacks, mods or any other unauthorized third-party software in connection with the Services, or engage in any form of cheating, boosting, or booting.
3. You shall not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Services or D3Publisher Content, any updates, or any part thereof (except as and only to the extent allowed by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the licensed application) for any commercial purpose, including, without limitation (a) to enable use at a cyber cafe, computer gaming center or any other location-based site without our express written consent; (b) for gathering in-game currency, items or resources for sale outside the Services; (c) performing in-game services in exchange for payment outside the Services, e.g., power-leveling; or (d) the sale of accounts, log-in information, or other Property materials, access, or rights.
4. You shall not disable, hack, circumvent or otherwise interfere with security related features of the Services or features that prevent or restrict use or copying of any D3Publisher Content or materials.
5. You shall not use any unauthorized third-party software that intercepts, “mines”, or otherwise collects information from or through the Services.
6. You must not interfere or disrupt the Services, D3Publisher Content, or servers or networks connected to the Services, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any service is rendered or displayed in any other user of the Services’ browser or device.
7. You shall not, except as authorized by us in writing, host, provide or develop matchmaking services for the Services, or intercept, emulate or redirect the communication protocols used by us in any way, for any purpose, including without limitation unauthorized play over the internet, network play, or as part of content aggregation networks.
8. You shall not destroy, interfere with or disrupt, or attempt to interfere with or disrupt (including scan, probe or test the vulnerability of), any web pages available on the Services, servers or networks connected to the Services or the technical delivery systems of our providers or break any requirements, procedures, policies or regulations of networks connected to the Services.
9. You shall not scrape, copy, aggregate, redistribute, alter, reproduce or re-use any user’s (whether specific to any particular user or as an aggregation) information accessible through the Services.
10. You shall not solicit, collect or use the login credentials or other confidential information of users.
11. You shall not defame, stalk, bully, abuse, harass, threaten, impersonate, bully, or intimidate people or entities and you must not post private or confidential information via the Services, including, without limitation, your or any other person’s credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
12. You shall not use the Services to defraud any user, including by scamming or social engineering;
13. You shall not use the Services to play on another user account thereby falsely boosting such account’s status or ranking;
14. You shall not partake in any behavior that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability.
15. You shall not create or submit unwanted email, comments or other forms of commercial or harassing communications (a/k/a “spam”) to any users.
16. You shall not create accounts with the Services through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
17. You shall not attempt to restrict another user from using or enjoying the Services and you must not encourage or facilitate violations of these Terms of Use.
18. You shall not infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity.
19. You shall not upload any content to the Services which contains nudity, excessive violence, illegal drugs or use of alcohol, or other content which we may deem offensive, or any link to the foregoing content.
20. You shall not place bets, wagers, or engage in any form of betting or gambling activity on or in connection with the Services.
21. Without limiting the foregoing, you shall not use the Services for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Services and your Communications, including but not limited to, copyright laws.

Please be aware that your failure to abide by these Rules of Conduct shall, at all times, constitute a violation of these Terms, and if we learn of such acts, by any means, we may investigate or terminate your license to, access, or use of the Services as we may determine in our sole discretion. Notwithstanding, such actions are cumulative to those rights and remedies available to us at law.

Linked Sites and Third Party Websites

You may be able to link from the Services to third party websites and third party websites may link to the Services (each and collectively, “Linked Sites”). You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such websites or the information, content, products, services, code or other materials presented on or through such websites. The inclusion of any link to such sites on our Services does not imply our endorsement or recommendation of that site and we do not represent or warrant that the contents of any third party website is accurate, compliant with state or federal law, or compliant with copyright or other intellectual property laws. Any access to or reliance on the contents of a third party website is done at your own risk.

Feedback and Comments

We welcome your comments and feedback regarding our Services, products, and services. We do not, however, accept confidential or proprietary information. Thus, all comments, feedback, ideas, suggestions, materials, information, and other submissions disclosed, submitted or offered to us using Services or otherwise (collectively, “Communications”) are not confidential and will become and remain our property. The disclosure, submission, or offer of any Communications will constitute an assignment to us of all worldwide rights, titles, and interests, and goodwill in the Communications without payment of any compensation. Additionally, Communications submitted by you must not violate any right of any third party, and must not contain any libelous, abusive, obscene, or otherwise unlawful material. If your Communications violate these Terms of Use, you may bear legal responsibility for such Communications.

User Generated Content

The Services may include message boards, content sharing features, and other means by which you and other users may share content that you create (“UGC”). You are responsible for your UGC (or UGC created by use of your account). To the fullest extent permitted by applicable law, by submitting any UGC (including without limitation, images, videos, customer service submissions, idea submissions, suggestions and message postings) you automatically grant (or represent and warrant that the owner of such rights has expressly granted) us a perpetual, worldwide, royalty-free, fully paid-up, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, sub-license, create derivative works from and distribute such UGC or incorporate such UGC content into any form, medium, or technology now known or later developed throughout the universe, and agree that we shall be entitled to unrestricted use of the UGC for any purpose whatsoever, commercial or otherwise, without compensation, notice or attribution. You waive and agree not to assert any moral or similar rights you may have in any of your UGC. To the extent the Services permit other users to access and use your UGC, you also grant all other users of the Services the right to use, copy, modify, display, perform, create derivative works from, and otherwise communicate and distribute your UGC on or through the Services without further notice, attribution or compensation to you. All UGC must comply with these Terms of Use, including without limitation, the Rules of Conduct.

You represent and warrant that any UGC you provide (i) does not and will not violate any third party intellectual property rights and/or any other person’s rights, including, without limitation, any privacy rights and/or so-called “moral rights”; and (ii) its use as contemplated herein does not and will not require the payment of any royalty or any consideration to a third party. You may not upload or post any UGC that infringes the copyright, trademark or other intellectual property rights of a third party nor may you upload any UGC that violates any third party’s right of privacy or right of publicity, or may require the payment of a royalty or other consideration to a third party. You are responsible and liable for any UGC you place on or through the Services, including the transmission, posting, or other provision of text, files, links, software, photographs, video, sound, music or other information or material. You may only upload your own UGC to the Services; do not upload anyone else’s UGC. We do not endorse nor assume any liability for the contents of any UGC.

We have no obligation to monitor, approve, verify, or prescreen any UGC that you and other users may contribute to or through the Services. We reserve the right (but have no obligation) to remove, block, edit, move or disable UGC for any reason. To the maximum extent permitted by applicable law, we do not assume any responsibility or liability for your UGC or that of other users, or for any failure to monitor, edit, or remove UGC. You agree that you shall not hold us liable for any loss or damage arising from the contents of any UGC (yours or another user’s) including without limitation in respect of any defamation, harassment, or false endorsement claims.

Some features available on the Services may permit you to share certain information about yourself with other users of the Services or the general public, including people who may not be registered users of the Services. You acknowledge and confirm that you have no expectation of privacy when using such features, including without limitation, uploading or submitting UGC; comparing your statistics, personal bests and leaderboards against other users; searching for other users by username; and linking to social media accounts that publicly display user information. See our Privacy Policy for further details.

Monitoring

We may monitor the use of the Services for a variety of purposes, including to prevent cheating or hacking, improve the services provided in connection with the Services and D3Publisher Content, and monitor your and user behavior for any violation of these Terms of Services. Notwithstanding, nothing herein shall be construed to obligate us to monitor and police the Services, and we have no liability to you in connection with your use of the Services.

Warranty Disclaimer

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES, COMPANY CONTENT, UGC (INCLUDING COMMUNICATIONS), FUNCTIONS, AND ALL OTHER MATERIALS PROVIDED OR DISPLAYED THROUGH THE SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS AND NEITHER D3PUBLISHER NOR ITS PARENT COMPANY, SUBSIDIARY COMPANIES, LICENSORS, AFFILIATES, NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”) WARRANTS THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ALL OF THE D3PUBLISHER CONTENT OR OTHER INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICES WILL BE ACCURATE, COMPLETE, OR USEFUL. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION AS TO INFORMATION, DATA, DATA PROCESSING, UPTIME OR UNINTERRUPTED ACCESS, THE AVAILABILITY, USABILITY, ACCURACY, PRECISION, CORRECTNESS, COMPLETENESS, OR USEFULNESS, SECURITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO US OR VIA THE SERVICES.

YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE RELEASED PARTIES DO NOT WARRANT THAT YOUR USE OF THE PROPERTIES IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE RELEASED PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE.

BY ACCESSING OR USING THE PROPERTY YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICES.

THE RELEASED PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE RELEASED PARTIES SHALL NOT BE LIABLE IN ANY WAY FOR DAMAGE OR LOSS OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (A) THE USE OF OR INABILITY TO USE THE SERVICES INCLUDING WITHOUT LIMITATION LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION; (B) THE LOSS OR DAMAGE TO CHARACTERS, ACCOUNTS, STATISTICS, INVENTORIES, VIRTUAL GOODS, OR USER PROFILE INFORMATION; (C) INTERRUPTIONS OF SERVICE INCLUDING WITHOUT LIMITATION ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES, FAILURES OF ANY THIRD PARTY BILLING SOLUTIONS OR OTHER SERVICES, OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE; (D) THE PROPERTIES; (E) THE D3PUBLISHER CONTENT; (F) UGC (INCLUDING COMMUNICATIONS); (G) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICES; (H) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE RELEASED PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE SERVICES; (I) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (J) ANY ERRORS OR OMISSIONS IN THE SERVICES’ OPERATION; OR (K) ANY DAMAGE TO ANY USER’S OR THIRD PARTY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE PROPERTY) .

IN NO CASE SHALL D3PUBLISHER’S AGGREGATE LIABILITY EXCEED THE AMOUNT THAT YOU PAID TO US DURING THE TWELVE (12) MONTHS PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE.

YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF OUR ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE RELEASED PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, OR OTHER CONTENT OWNED OR CONTROLLED BY THE RELEASED PARTIES.

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, OR OTHER TYPES OF DAMAGES, IN SUCH STATES OR JURISDICTIONS, YOU MAY HAVE DIFFERENT OR ADDITIONAL RIGHTS ACCORDING TO THE APPLICABLE LAWS OF COUNTRY FROM WHICH YOU VALIDLY ACQUIRED AND USE THE SERVICES AND IN WHICH CASE THE LIABILITY OF D3PUBLISHER AND ITS AFFILIATES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

BY ACCESSING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, THAT IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

D3PUBLISHER IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

Indemnity

You (and also any third party for whom you operate an account or activity on the Services) agree to indemnify, defend (at our request) and hold the Released Parties harmless from and against any claims, liability, losses, costs and expenses (including reasonable outside attorneys’ fees) arising out of or in any way connected with (including as a result of (i) your direct activities in connection with the Services or those conducted on your behalf); (ii) your Communications or your access to or use of the Services; (iii) your breach or alleged breach of the Terms of Use ; (iv) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (v) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (vi) any misrepresentation made by you. You will cooperate as fully required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without our prior written consent.

Jurisdiction and Applicable Law

The law applicable to the interpretation and construction of these Terms of Use and any transaction (including purchases made via the Services) using or relating to the Services shall be the laws of the State of California without regard to principles of conflict of laws AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE.

Severability

If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. Our failure to insist upon or enforce strict performance of any provision of these Terms of Use will not be construed as a waiver of any provision or right.

Waiver

No waiver of any of these Terms of Use will be deemed a further or continuing waiver of such term or condition or any other term or condition.

Assignment

You will not assign the Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any purported assignment or delegation by you without our prior written consent will be null and void. We may assign these Terms of Use or any rights hereunder without your consent. These Terms of Use do not confer any third-party beneficiary rights.

Entire Agreement.

If you are using the Services on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. These Terms of Use constitute the entire agreement between you and D3Publisher and governs your use of the Services, superseding any prior agreements between you and us.


D3PUBLISHER PRIVACY POLICY

Last updated November 20, 2020

D3Publisher of America, Inc., and its subsidiaries and affiliates (collectively, “D3Publisher”, “we”, “our”, or “us”) respect the privacy rights of our users. This Privacy Policy applies to all of our mobile applications (“App(s)”), websites (“Site(s)”), games, and other digital properties that link to this Privacy Policy, regardless of how you access or use them or engage with us, including through mobile devices or offline (collectively, the “Services”), for which we are the controller of personal information and data.  This Privacy Policy sets forth how we collect, store, retain, and use the information you provide on our Services.  By clicking “Accept & Continue” on the sign-in page of our Apps or homepage of our Sites, you acknowledge, fully understand and consent to the terms of this Privacy Policy.

D3Publisher is a valid licensee and participating member in good standing of the Entertainment Software Rating Board’s Privacy Certified Program (“ESRB Privacy Certified”).  To protect your privacy, we have voluntarily undertaken this privacy initiative.  All of our Services where this Privacy Policy is posted and that display an ESRB Privacy Certified seal have been reviewed and certified by ESRB Privacy Certified to meet established online information collection, use, retention and disclosure practices. As a licensee of this privacy program, we are subject to audits of our Apps and other enforcement and accountability mechanisms administered independently by the ESRB.

TABLE OF CONTENTS

  1. Scope of Privacy Policy
  2. Collection and Use of Information
  3. Cookie Policy
  4. Mobile
  5. Sharing of Information
  6. Your Choices 
  7. Children’s Privacy
  8. Security 
  9. California Residents’ Privacy Rights
  10. International Visitors
  11. Amendments 
  12. Questions or Comments

 

1 – Scope of Privacy Policy

This Privacy Policy applies to information about you or your device collected through our Services.

This Privacy Policy applies to use and sharing of information collected on or after the “Lasted updated” date at the top of this Privacy Policy.

When using our Services, you may be able to access third party websites or applications through links placed in our Services.  This Privacy Policy does not address, and we are not responsible for, the privacy, information, or other data collection, storage, and use practices of any third party operating any site or property to which the Services link (each, a “Linked Site”) or third parties who may provide certain services in connection with your access and use of, and our ability to provide certain products and services to you through the Services discussed in this Privacy Policy (each, a “Service Provider”), which may include, without limitation, Google, Amazon, Facebook, Helpshift, WordPress, and Mailchimp.  In addition, please find additional privacy policies for the most common of these sites and services can be found at the links below:

We encourage you to review the privacy policies of these third parties.

2 – Collection and Use of Information

When you use the Services, we may collect and use certain information about you.  “Personal Information” is information that can be used to identify you (whether alone or in combination) such as your first and last name, email address, zip code/post code, billing address, shipping address, phone number, age, date of birth, and social media handles.  More specifically, when you use the Services, we may collect the following information:

  • We collect certain information that you provide directly to us by filling in forms on the Services, including your name or username, password, email address, street address, telephone number, social media handles, user-uploaded photographs or profile pictures, or other information, when you create an account or profile, interact with other users, or create a customer support ticket request. We engage in these activities to manage our contractual relationship with you, and where relevant, to comply with a legal obligation or based on our legitimate interest in doing so.
  • We collect your birth date at the initial sign-up screen to verify you have met the age requirement to access our Services. We engage in these activities to comply with legal obligations and based on our legitimate interest in doing so (such as to ensure children below the age of legal capacity cannot access Services).
  • We may collect certain data you provide on social features of the Services, such as forums or chat. The information you share in these features is publicly viewable by others, which means we may collect and use the information you provide. We engage in these activities to manage our contractual relationship with you, comply with a legal obligation, or based on our legitimate interest in doing so (ensuring the safety of our Services).
  • When you play multiplayer games, some information may be publicly accessible to others, such as your game statistics and performance. We engage in these activities based on our legitimate interest in doing so (increasing engagement with our games and Services).
  • We may collect certain information that you provide to us when making a purchase via our Services, including your name, billing address, telephone number, payment method, and other payment details in order to process purchases you make. We do so to adhere to our contractual relationship with you or for our legitimate interest.
  • We automatically collect certain information about your device and how you interact with our Services during and after your use of the Services. Such information includes details of your visits to the Services and the resources that you access, including, but not limited to, traffic data, location data, weblogs and other communication data, including your IP address, browser type, the date and time you accessed or left the Site or App, and which pages you viewed. Some parts of the Services use cookies, pixel tags (also known as “web beacons”), and other technologies to collect this information about your general internet usage.  See our “Cookie Policy” to learn more.
  • An Internet Protocol (IP) address is a number that is automatically assigned to your device from which you are accessing the Services by your Internet Service Provider (ISP), and is identified and logged automatically in the server log files whenever you visit the Services, along with the time of the visit and the activity on the Services, browser type and operating system, device information, device event information, and the page you’ve viewed or engaged with before or after using the Site. We and our Service Providers use IP addresses for our internal business purposes such as calculating Site and App usage levels, helping diagnose server problems, administering the Services, and determining your approximate geographic location.
  • We use your IP address to determine your general geographical location, such as the country or region from which your mobile device accesses our Service. We and our Service Providers may use your device’s general location to provide you with personalized location-based services, content and advertisements. We do this to support our legitimate interests.
  • For some of our Services, you are able to log in using your social media account, such as Facebook.  If you log in using your social media account, you allow us to access certain information from your social media profile, such as your name, email address, date of birth, profile picture, friends list, and interests.  The information you allow us to access may depend on you and your friends’ privacy settings on that social network. See below regarding Your Choices.
  • We may engage third parties, such as Google Analytics and Vanilla, to provide analytics about the use of the Services, data processing and management, account management, hosting, customer and technical support. Third-party cookies are covered by the third party’s privacy policy. You can opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
  • We may collect certain information you may provide to us as part of your participation in sweepstakes, contests and similar promotions in order for us to administer these activities. Some of these activities have additional rules, which could contain additional information about how we use and disclose your Personal Information, so we suggest you read these rules carefully. In the event of a conflict between such rules and this Privacy Policy, such rules will govern.
  • In some cases, we aggregate or anonymize your personal information so that it is not identifiable to you.  We may use this information for our business purposes, such as analyzing and better understanding usage trends.

3 – Cookie Policy

A “cookie” is a small computer file that is sent to your computer when you visit a website. “Process Cookies” are cookies that help our Sites to function properly and assist in navigating pages and accessing Services. Without these cookies, the Sites may not function properly. “Session State Cookies” are cookies that collect information about how you interact with our Sites. This may include the page you visit most often and whether you get error messages from certain pages. These cookies help improve your browsing experience, but blocking or deleting these cookies will not render the Sites unusable. When you visit a Site again, the cookie allows that Site to recognize your browser. You can reset your browser to refuse all cookies or to indicate when a cookie is being sent.  Keep in mind, however, that some Site features or services may not function properly without cookies.

A pixel tag is a type of technology placed on a website or within the body of an email.  We use pixel tags to track activity on our Sites, and to determine when our emails are opened or accessed.  We use pixel tags in combination with cookies.

The Services may use social media plug-ins (e.g., the Facebook “Like” button, “Share to Twitter” button) to enable you to easily share information with others. When you visit the Sites, the operator of the social plug-in can place a cookie on your computer or other electronic device that enables that operator to recognize individuals who have previously visited the Sites. If you are logged into the social media website (e.g., Facebook, Twitter) while browsing on the Sites, the social media plug-in allows that social media website to receive information that you have visited the Sites. The social media plug-in also allows the social media website to share information about your activities on the Sites with other users of their social media website. These sharing settings are managed by the social media website and governed by its privacy policy. We recommend that you review the privacy policies of each of these websites, apps, or services before connecting your accounts or sharing any Personal Information.

Note that your browser settings may allow you to automatically transmit a “Do Not Track” signal to sites and online services you visit. Like many websites and online services, we currently do not alter our practices when we receive a “Do Not Track” signal from a visitor’s browser. To learn more about cookies and any “Do Not Track” features, please visit http://www.allaboutcookies.org/ and http://www.allaboutdnt.com. If you choose to decline cookies, then some or all of the features, functionality and promotions available through the Sites may not be available to you. If you do not want information collected through the use of cookies, there is a procedure on most devices through which the Sites are accessed that allows you to decline the use of cookies.

If your device stores Flash LSOs, and if you do not want Flash LSOs stored on your device through which you access the Sites, you can adjust the settings of your Flash player to block Flash LSO storage using the tools contained using the Website Storage Settings Panel. You can also control Flash LSOs by going to the Global Storage Settings Panel and following the instructions (which may include instructions that explain, for example, how to delete existing Flash LSOs (referred to as “information” on the Macromedia site), how to prevent Flash LSOs from being placed on your device without you being asked, and (for Flash Player 8 and later) how to block Flash LSOs that are not being delivered by the operator of the page you are on at the time. Please note that setting the Flash Player to restrict or limit acceptance of Flash LSOs may reduce or impede the functionality of some Flash applications, including, potentially, Flash applications used in connection with the Sites. We expect Service Providers and technology suppliers to honor any decision by you to restrict or limit Flash LSOs, but cannot guarantee that they will do so.

The Cookies and similar technologies used on our Sites can be found HERE.

4 -Mobile

Our Apps include third-party software development kits (“SDKs’) and similar tools that we use for advertising, analytics and to support the internal operations of the Apps.  If you prefer for information not to be used for targeted advertising, please see Your Choices in Section 6 below.

The third-party tools used in our Apps are:

Helpshift – To provide customer service.

LabCave – Collects device level data in order to serve advertisements to the player.

Google Play Service and Apple Game Service – A tool to save your game data.

Mixpanel – A program to review user habits and game analytics and to assist with customer service account review.

DeltaDNA – A program to review user habits and game analytics and to assist with customer service account review.

Redash – A program to review user habits and game analytics and to assist with customer service account review.

Pubnub – A system to assist with player chat.

AppsFlyer – An attribution tool that helps optimize advertising campaigns.

Facebook – Not required but if selected, players can use the tool to save their game data.

5 – Use and Sharing of Information

We primarily use the information we collect from you to provide you access and use of our Services and to fulfill your requests. Our policy is to not sell your personal information to any third parties without your consent.  We use and share the information we collect about you in limited circumstances including:

  • To communicate with you regarding your customer service or other requests;
  • To develop, improve, monitor, diagnose, fix, administer, analyze, and test our Services;
  • For behavioral advertising, retargeting, and remarketing campaigns (see below);
  • With D3Publisher, Inc. (our parent company) and our subsidiaries and affiliates;
  • With our Service Providers in order for them to provide and administer services on our behalf;
  • With law enforcement agencies, governmental officials, or other third parties when required by law or legal process or in order to cooperate with regulators or law enforcement;
  • When we believe, in our sole discretion, that disclosing this information may be necessary to protect our business operations or enforce our policies or terms and conditions, to address an emergency that poses a threat to health or safety, or to take action in response to illegal activities (e.g. fraud);
  • With other business entities should we plan to merge with or be acquired by that business entity or in connection with a partial or total sale of assets, bankruptcy, or another corporate change; and
  • When you otherwise consent.

6 – Your Choices

As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.

You can opt out of targeted advertising by using the links below:
– Facebook: https://www.facebook.com/settings/?tab=ads
– Google: https://www.google.com/settings/ads/anonymous
– Microsoft: https://privacy.microsoft.com/en-us/privacystatement
– Amazon: https://www.amazon.com/adprefs

Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.

On your mobile device, enable the “Limit Ad Tracking” setting in your iOS phone’s settings, or the setting to “Opt out of Ads Personalization” in your Android phone’s settings. To opt-out of location tracking when using the Services, you can use the settings of your device. You can disable mobile analytics and bug reporting through these same settings as well. For more information about analytics and advertising cookies and how you can opt out, you can visit the Network Advertising Initiative’s opt-out page found at http://optout.networkadvertising.org/?c=1, the Digital Advertising Alliance’s opt-out page found at http://optout.aboutads.info/?c=2&lang=EN, or EDAA’s Your Online Choices page found at http://www.youronlinechoices.com/.

This information may be retained by us for as long as the information is needed for its useful purposes, such as maintaining a functional game environment.  We will review information collected on a periodic basis and remove any information that no longer is needed for its required purposes.  An example of this is for retaining information that allows us to improve future in-game activities using past usage information.

You may choose to subscribe to promotional emails about our Services.  If you wish to unsubscribe from receiving future promotional emails you may do so by doing any one of the following: (i) following the “unsubscribe” instructions in the email you received; (ii) emailing our customer support team at [email protected]; or (iii) writing to us at the following address:

D3Publisher of America, Inc.
15910 Ventura Blvd., Suite 800
Encino, CA 91436
ATTN: Customer Support – Unsubscribe

7 – Children’s Privacy

We do not intend to collect personal information as defined by the U.S. Children’s Online Privacy Protection Act (“COPPA”) (“Children’s Personal Information”) in a manner that is not permitted by COPPA. If you are a parent or guardian and believe we have collected Children’s Personal Information in a manner not permitted by COPPA, please contact us at the address listed below (Attention: Legal) and we will remove such data to the extent required by COPPA.

If parents believe that we have unintentionally collected their child’s personal information, they should contact us to request the deletion of the information:

D3 Publisher of America, Inc.
Attn.: Privacy Policy Administrator
15910 Ventura Blvd., Suite 800
Encino, CA 91436
(310) 268-0820

[email protected] 

8 – Security

We have implemented measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration, and disclosure. Notwithstanding, the safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out Personal Information in public areas of the Services like forums. The information you share in public areas may be viewed by any user.

We restrict access of Personal Information to our authorized personnel, employees, Service Providers, and agents who need to know that information in order to operate, innovate, and deliver our Services. Personal Information will only be disclosed to those third parties for the purpose of administering our Services in accordance with the uses as outlined herein.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your Personal Information transmitted to our Services. We cannot guarantee that unauthorized third parties will not gain access to your Personal Information; therefore, any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures in connection with the Services.

9 – California Residents’ Privacy Rights 

California Civil Code Section 1798.83 permits our customers who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes (if any).  Currently, D3Publisher does not disclose personal information to third parties for their direct marketing purposes. If you have any questions about our disclosure practices, please contact us:

D3Publisher of America, Inc.

Attn.: CA Privacy Policy Administrator

15910 Ventura Blvd., Suite 800

Encino, CA 91436

Attn: Shine the Light Law

Categories of Personal Information Collected

In the chart below, we identify each category of personal information that we have or have not collected about our users in the last 12 months,  the purpose(s) for which it was collected; and  the categories of third parties, if any, with which it has been shared.

Category of Personal Information Reason for Collecting and/or Sharing Categories of Third Parties Collected or Disclosed in past 12 months
Common identifiers This includes a name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, and other similar identifiers. Provision of Services; Comply with legal obligations; marketing; sweepstakes and contest administration; information security; Services management. Information technology and security providers; payment processor; marketing services providers. Collected and disclosed
Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).  This includes, among other things, a name, signature, address, telephone number, passport number, and driver’s license or state identification card number.  Note that this category of information overlaps to some extent with the “Common Identifiers” category. Provision of Services; Comply with legal obligations; marketing; sweepstakes and contest administration; information security; Services management. Information technology and security providers; payment processor; marketing services providers. Collected and disclosed
Protected classification characteristics under California or federal law. This includes:  Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information). User admission Not applicable Collected but not disclosed.
Commercial information.  This includes: Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. Not collected Not applicable Not applicable
Biometric information. Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data. Not collected Not applicable Not applicable
Internet or other similar network activity. Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement. Services management and marketing Web-hosting and marketing support vendors Collected and disclosed
Geolocation data.  Physical location or movements. (This does not include general location data.) Not collected Not applicable Not applicable
Sensory data.  Audio, electronic, visual, thermal, olfactory, or similar information. Not collected Not applicable Not applicable
Professional or employment-related information.  Current or past job history or performance evaluations. To evaluate, recruit, and hire personnel Not shared Collected; not disclosed to third parties
Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).   Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records. Not collected Not applicable Not applicable
Inferences drawn from other personal information.  Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. Not collected Not collected Not collected or disclosed

 

If you are a California resident and we know you are under 16 years of age, we will not sell, rent, release, disclose, disseminate, make available, transfer, or otherwise communicate to any other business or third party for monetary or other valuable consideration your personal information.

Rights of California Residents

Right to Know:  If you are a California resident, you may submit, free of charge, but no more than twice in a 12-month period, a verifiable request for the following information:

  • The specific pieces of personal information we have about you;
  • The categories of personal information we collected, sold or disclosed for a business purpose about you within the last 12 months;
  • The categories of sources from which the personal information was collected;
  • The purposes for which the information was collected or sold; and
  • The categories of third parties to which the information was sold, disclosed for a business purpose, or otherwise shared.

If possible, we will provide this information to you in a readily usable format that allows transmission to another entity.

To submit a request, please contact us by email at [email protected].  Within 10 business days of receipt, we will let you know we received your request.  We will provide a substantive response within 45 calendar days, unless we need more time, in which case we will notify you.  If we need additional information to verify your identity, we will contact you to request that information.  If we are not able to verify your identity, we will deny your request, but if applicable, we will refer you to the applicable sections of this Privacy Policy that address our data collection and use practices.  If we deny your request, even if only in part, we will explain the reason in our response.

Right to Delete:  If you are a California resident, you may submit a verifiable request for us to delete any personal information we have collected about you.  To submit a request, please email us at [email protected] or mail to D3Publisher of America, Inc., 15910 Ventura Blvd., Suite 800, Encino, CA 91436, Attn: Legal.

Within 10 business days of receipt, we will confirm receipt of your request.  We will provide a substantive response within 45 calendar days, unless we need more time, in which case we will notify you.  If we need additional information to verify your identity, we will contact you to request that information.  If we are not able to verify your identity, we will deny your request to delete.  If we deny your request, even if only in part, we will explain the reason in our response, and we will ask if you would like to opt out of the sale of your personal information.  In either case, we will maintain a record of your request and our response.

Right to Opt-Out:  At any time, you may tell us not to sell, rent, release, disclose, disseminate, make available, transfer, or otherwise communicate to another business or third party for monetary or other valuable consideration your personal information.  You may make this request by emailing us at [email protected] or mailing a letter to us at D3Publisher of America, Inc., 15910 Ventura Blvd., Suite 800, Encino, CA 91436, Attn: Legal.

Right to be Free from Discrimination:  We may not discriminate against you because you have chosen to exercise your rights, including, for example, by denying you access to our online services or charging you different rates or prices for the same online services, unless that difference is reasonably related to the value provided by your data.

Exercising Your Rights:  To submit a verifiable request or to otherwise contact us for more information about how to exercise your rights, please follow the instructions above.  To exercise your opt-out right, please click the link above.

If you would like to designate an authorized agent to make a request on your behalf, you must (i) provide the agent signed permission to do so, (ii) provide proof of your identity, and (iii) directly confirm you provided the authorized agent permission to submit the request.  If we do not receive the above, we will deny the request.

Contact Us

If you have any questions or concerns about our privacy policies or practices, please contact us:

D3Publisher of America, Inc.
Attn.: CA Privacy Policy Administrator
15910 Ventura Blvd., Suite 800
Encino, CA 91436
(310) 268-0820

[email protected].

10 – International Visitors

The Services are hosted and operated in the United States (“US”) and elsewhere in the world.  By using the Services, you are consenting to the transfer of your personal information to the US.  If you are accessing the Services from outside the US, please be advised that US law may not offer the same privacy protections as the law of your jurisdiction.

If you are a data subject in the European Economic Area (“EEA”), you have the right to access, rectify, or erase any personal data we have collected about you.  You also have the right to data portability and the right to restrict or object to our processing of personal data we have collected about you.  You may withdraw your consent at any time for any data processing we do based on consent you have provided to us. To exercise any of these rights, contact us as set forth in the section “Contact Us” below and specify which right you intend to exercise.  We will respond to your request within 30 days.  We may require additional information from you to allow us to confirm your identity.  Please note that we may store information as necessary to fulfill the purposes for which it was collected, and may continue to retain and use the information even after a data subject request for purposes of our legitimate interests, including to comply with legal obligations, resolve disputes, prevent fraud, and enforce agreements. Personal data collected within the European Union and Switzerland may be transferred and processed by third parties located in a country outside of the European Union and Switzerland.  In such instances, we will ensure that the transfer of your personal data is carried out in accordance with applicable privacy laws. If you have any issues with our compliance, you have the right to lodge a complaint with an EEA supervisory authority.

11 – Amendments

We may amend this Privacy Policy at any time. If we make a material change to this Privacy Policy, we will notify you by sending you an email at the last email address that you provided us, or by prominently posting notice of the changes within our Services.  Any changes to this Privacy Policy will take effect upon posting and will apply to the information we collect on and after the Effective Date, which is posted at the top of this Privacy Policy.

12 – Questions or Comments

If you have questions or wish to send us comments about this Privacy Policy, including our information practices with respect to children, please send us an e-mail us at [email protected] with your questions or comments to write us at:

D3Publisher of America, Inc.
Attn.: Privacy Policy Administrator
15910 Ventura Blvd., Suite 800
Encino, CA 91436

Please be assured that any personal information that you provide in communications to the above email and postal mail addresses will not be used to send you promotional materials, unless you request it.

As mentioned above, D3Publisher is a licensee of the ESRB’s Privacy Certified Program. If you believe that we have not responded to your inquiry or your inquiry has not been satisfactorily addressed, please contact ESRB at http://www.esrb.org/privacy/contact/ or by email at [email protected]


D3Publisher of America, Inc. (DBA “D3 Go!”) ONLINE 
Last updated July 20, 2018

OUR PRIVACY COMMITMENT

D3 Go! and its subsidiaries and affiliates (collectively, “D3 Go!”) respect the privacy rights of our online visitors and recognizes the importance of protecting all information that you may choose to share with us. To further this commitment, we have adopted this Online Privacy Policy (“Privacy Policy”) to guide how we collect, store, retain and use the information you provide us.

This Privacy Policy and the certification seal shown on our websites confirm that D3 Go! is a valid licensee, and participating member, in good standing of the Entertainment Software Rating Board’s Privacy Certified Program (“ESRB Privacy Certified”).  To protect your privacy, we have voluntarily undertaken this privacy initiative and all of our websites where this Privacy Policy is posted have been reviewed and certified by ESRB Privacy Certified to meet established online information collection, use, retention and disclosure practices. As a licensee of this privacy program, we are subject to audits of our websites and other enforcement and accountability mechanisms administered independently by the ESRB.

Q1. What information does this Privacy Policy cover?
Q2. What types of information do we collect about our guests?
Q3. How is your personally identifiable information used and shared?
Q4. What choices do you have about the collection, use, and sharing of your personally identifiable information?
Q5. What kinds of security measures do we take to safeguard your personally identifiable information?
Q6. How can you update your personal information and profile?
Q7. How can you ask questions, or send us comments, about this Privacy Policy?
Q8. How will you know if we amend this Privacy Policy?
Q9: What are the privacy policies of the retailers linked to from within your sites?

 

Q1 – What information does this Privacy Policy cover?

A1 – This Privacy Policy applies only to information collected on the websites where this Privacy Policy is posted, and does not apply to any other information collected by D3 Go! through any other means.

This Privacy Policy applies to use and sharing of information collected on and after the date that this Privacy Policy is posted.

Please note that this Privacy Policy applies only to information submitted and collected online, and does not apply to information that may be collected by D3 Go! offline. This Privacy Policy applies only to websites maintained by D3 Go!, and not to our international affiliates, or any websites maintained by other companies or organizations to which we link. D3 Go! is therefore not responsible for the content or activities provided on those websites.

Finally, the terms of this Privacy Policy are subject to all applicable laws.

 

Q2 – What types of information do we collect about our guests?

A2 – Except as set forth below, we don’t collect your personal information unless you choose to provide it to us. With the exception of your IP address, which is necessary to serve our website to you, you may choose not to disclose personal information to us (for example, by turning off cookies and not otherwise providing us with your information), but you will not be able to enjoy certain features of our websites. Personal information is information that identifies you and may be used to contact you. To offer our guests certain features on our website, we collect several types of personal information.

Children

We do not intend to collect personal information as defined by the U.S. Children’s Online Privacy Protection Act (“COPPA”) (“Children’s Personal Information”) in a manner that is not permitted by COPPA, and for any children’s or mixed-use portions of our site (if any) we will comply with COPPA.  If you are a parent or guardian and believe we have collected Children’s Personal Information in a manner not permitted by COPPA, please contact us at the address listed below (Attention: Legal) and we will remove such data to the extent required by COPPA.  Parents may want to consider commercially available parental control protections to limit what minors can access online and/or monitor their minor children’s online activities. Examples include:

If parents believe that we have unintentionally collected their child’s personal information, they should contact us to request the deletion of the information:

D3 Go!
Attn.: Privacy Policy Administrator
15910 Ventura Blvd., Suite 800
Encino, CA 91436
(310) 268-0820

[email protected] 

Information You Provide to Us

Except as set forth below, all of the personal information we receive comes directly from our guests.

This information includes:

  1. name
  2. email address
  3. username
  4. social media handles

Additionally, we may also collect other types of non-personal information (known as demographic information) such as your age or date of birth, gender, hobbies, platform preferences, and other game ownership and preferences. This demographic information may be associated with your personal information.

This information will be retained by us for as long as the information is needed for its useful purposes.  We will review information collected on a yearly basis and remove any information that no longer is needed for its required purposes.  Examples of this is for customer service needs to improve customer experience or to keep community communications active for the benefit of the community

Information Collected Through Technology

We collect information through technology to make our websites more interesting and useful to you. For example, when you come to one of our websites, we collect your IP address. An IP address is often associated with the portal through which you enter the Internet, like your ISP (Internet Service Provider), your company, or your university. At times, we also use IP addresses to collect information regarding the frequency with which our guests visit various parts of our websites. We may combine this information with additional personally identifiable information.

Cookies 

Portions of our websites may also use cookies. Cookies are pieces of information that a website sends to your computer while you are viewing the website. We and other companies use cookies for a variety of purposes. For example, when you return to one of our websites after logging in, cookies provide information to the website so that the website will remember who you are. You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You can do this through your browser (e.g. Microsoft Edge, Chrome, etc.) settings. Each browser is a little different, so look at your browser Help menu to learn the correct way to modify your cookies. If you turn cookies off, you won’t have access to many features that make your web experience smoother, like the features mentioned above, and some of our services may not function properly.

Social Media Sites and Social Media Plug-Ins

Some of our websites or product pages may use plug-ins, link to, or post information from social media services, like a Facebook page or Twitter account.  These social media services may possibly collecting information based on the virtue of the plug-in, cookies, etc. and using it for their own purposes. These social media services may share information with us, such as personal information (i.e. your name, location, the ‘likes’ you make) or non-personal information (i.e. content viewed or click-throughs).

By clicking on these links and plug-ins, you consent to the use of this information in accordance with our privacy policy.  When you provide personal information to us through an application, on our sites, or on social networking sites, it may be publicly viewed by other members of these sites and we cannot prevent further use of the information by third parties.

Through some social networking sites’ privacy settings, you can control what data you share.  For more information about how social networking sites handle your personal information, please refer to their privacy policies and terms of use.

The privacy policies for the most common of these sites and services can be found at the links below:

Finally, once you’ve clicked on a another group’s link and have left our websites, our Privacy Policy no longer applies and you must read the privacy policy of the partner to see how your personal information will be handled on their website.

 

Q3 – How is your personally identifiable information used and shared?

A3 – We don’t share, sell, or rent your personal information to unrelated third parties. We don’t require personal information to access our websites (other than your IP address, which is necessary to serve our website to you). If you prefer not to disclose personal information, you will not be able to enjoy certain features of our websites.

Whatever the purpose may be, we will only collect and retain information to the extent reasonably necessary to fulfill your requests and our legitimate business objectives.

We collect personal information from our guests to:

  • participate in polls, surveys, and questionnaires
  • participate in contests, sweepstakes, or other promotions
  • offer feedback or other business inquiries
  • receive customer or technical support
  • register for bulletin boards, message boards, forums, or mailing lists
  • perform internal operations for our sites

D3 Go! Tools and Updates

Information collected from those who voluntarily submit it to us is used to provide services like newsletter subscription, updates on special events, game news, and email announcements of interest to our users.  If at any time you receive an email from us and wish to unsubscribe, you may do so by doing any one of the following:

  • Clicking the “unsubscribe” link or following the “unsubscribe” instructions in the email you received (preferred)
  • Emailing our customer support team at [email protected]
  • Writing to us at the following address:

D3 Go!
15910 Ventura Blvd., Suite 800
Encino, CA 91436
ATTN: Customer Support – Unsubscribe

Operational Uses

We may also use your personal information for other purposes such as “Operational Uses.”  For example, we may use your information to send you administrative communications either about your account with us or about features of our websites, including any future changes to this Privacy Policy.

We occasionally use other companies, agents or contractors to perform services necessary to our operations.  For example, we have partnered with other companies to personalize our web pages, analyze customers’ interaction with our websites, and process consumer surveys.  In the course of providing such services, these companies may have contact with your personally identifying information.  These entities have agreed to securely store and maintain the personal information received from us.

The privacy policies for the most common of these sites and services can be found at the links below:

The companies we contracted to assist with these services are –

Aggregate Information

Finally, we may take your personally identifiable information and make it non-personally identifiable, either by combining it with information about other individuals (aggregating your information with information about other individuals), or by removing characteristics (such as your name) that make the information personally identifiable to you (de-personalizing your information).  Given the nature of this information, no restrictions apply under this Privacy Policy on our right to aggregate or de-personalize your personal information, and we may use and share in any way with third parties the resulting non-personally identifiable information.

Business Information

For practical reasons, we treat personal information submitted to us in a business capacity different from information we receive in a non-business capacity.  Personal information submitted to us in a business capacity (e.g. resumes, event sponsorship, etc.) may be shared with third parties, depending on the nature of the inquiry.

Purchase or Sale of Businesses

From time to time, we may purchase a business or sell one or more of our businesses and your personally identifiable information may be transferred as a part of the purchase or sale.  If we purchase a business, the personally identifiable information received with that business would be treated in accordance with this Privacy Policy, if it is practicable and permissible to do so.  If we sell a business, we will include provisions in the selling contract requiring the purchaser to treat your personally identifiable information in the same manner required by this Privacy Policy (including any amendments to this Privacy Policy).  The provisions of this paragraph will also apply if we are sold as part of bankruptcy proceedings.

Disclosures Required By Law and Disclosures to Help Protect the Security and Safety of Our Websites and Others

We will disclose personal information when we believe in good faith that such disclosures (a) are required by law, including, for example, to comply with a court order or subpoena, or (b) will help to: enforce our Terms of Use; enforce contest, sweepstakes, promotions, and/or game rules; protect your safety or security, including the safety and security of property that belongs to you; and/or, protect the safety and security of our websites or third parties.

 

Q4 – What choices do you have about the collection, use, and sharing of your personally identifiable information?

A4 – As mentioned above, you have control over the personal information you submit to us. If at any time you decide to remove your personal information from our database, you may do so by emailing us at [email protected]  Please note that any information, including personally identifiable information that you reveal in a bulletin board, message board, chat room or other public forum is publicly viewable on the site.

Removal of this content or information from public view does not guarantee complete or comprehensive removal. After your removal request has been honored, we may retain copies of the content or information you have previously posted on our servers. We are not required to remove your posted content or information if it has been rendered anonymous or if we are required by law to retain it. Additionally, we do not have control over third parties (e.g. other users) who may have copied or reposted this information.

Your California Privacy Rights

California Civil Code Section 1798.83 permits our customers who are California residents to request certain information regarding its disclosure of personal information to third parties for their direct marketing purposes. However, we do not share information with third parties for their direct marketing purposes or otherwise, unless you affirmatively agree to such disclosure.

If you believe your information may have been shared or you have general questions about how your information may have been shared, please contact us:

D3 Go!
Attn.: CA Privacy Policy Administrator
15910 Ventura Blvd., Suite 800
Encino, CA 91436
(310) 268-0820

[email protected]

 

Q5 – What kinds of security measures do we take to safeguard your personally identifiable information?

A5 – The security and confidentiality of your information is extremely important to us.  We have implemented technical, administrative, and physical security measures to protect your personal information from unauthorized access and improper use.  Those measures include: maintaining information collected online behind a firewall-protected server; encrypting username and password information; limiting access to personal information to only those employees performing a legitimate business function; storing users’ personal information on off-site servers separate from other corporate information and systems; notifying by email or posting a notice on our website if D3 Go! learns that a data breach has occurred. From time to time, we review our security procedures to consider appropriate new technology and methods.  However, please understand that, despite our best efforts, no security measure is perfect or impenetrable.

 

Q6 – How can you update your personal information and profile?

A6 – You can access and update the contact information you gave us during registration (that is, your e-mail address or any other information that would directly enable us to contact you), by emailing us at [email protected].

 

Q7 – How can you ask questions, or send us comments, about this Privacy Policy?

A7 – If you have questions or wish to send us comments about this Privacy Policy, please contact us at:

D3 Go!!
Attn.: Privacy Policy Administrator
15910 Ventura Blvd., Suite 800
Encino, CA 91436
(310) 268-0820

[email protected]

Please be assured that any personal information that you provide in communications to the above email and postal mail addresses will not be used to send you promotional materials, unless you request it. As aforementioned, D3 Go! is a licensee of the ESRB’s Privacy Certified Program. If you believe that we have not responded to your inquiry or your inquiry has not been satisfactorily addressed, please contact ESRB at http://www.esrb.org/privacy/contact.aspx .

Q8 – How will you know if we amend this Privacy Policy?

A8 – We may amend this Privacy Policy at any time. If we make any material changes in the way we collect, use, retain or share your personal information, we will notify you by sending you an email at the last email address that you provided us, or by prominently posting notice of the changes on the websites covered by this Privacy Policy. Any material changes to this Privacy Policy will be effective 30 days following our dispatch of an email notice to you or 30 days following our posting of notice of the changes on the websites covered by this Privacy Policy. Please note that, at all times, you are responsible for updating your personal information to provide us your current email address. If the last email address that you have provided us is not valid, or for any other reason is not capable of delivering to you the notice described above, our dispatch of the email containing such notice will nonetheless constitute effective notice of the changes described in the notice.

 

Q9 – What are the privacy policies of the retailers linked to from within your sites?

A9 – Often we will provide external links from product pages or product websites to sites from where you can purchase or download our products.  The privacy policies for the most common of these retailers can be reached from the links below:

 


D3PUBLISHER PRIVACY POLICY

Last updated November 20, 2020

D3Publisher of America, Inc., and its subsidiaries and affiliates (collectively, “D3Publisher”, “we”, “our”, or “us”) respect the privacy rights of our users. This Privacy Policy applies to all of our mobile applications (“App(s)”), websites (“Site(s)”), games, and other digital properties that link to this Privacy Policy, regardless of how you access or use them or engage with us, including through mobile devices or offline (collectively, the “Services”), for which we are the controller of personal information and data.  This Privacy Policy sets forth how we collect, store, retain, and use the information you provide on our Services.  By clicking “Accept & Continue” on the sign-in page of our Apps or homepage of our Sites, you acknowledge, fully understand and consent to the terms of this Privacy Policy.

D3Publisher is a valid licensee and participating member in good standing of the Entertainment Software Rating Board’s Privacy Certified Program (“ESRB Privacy Certified”).  To protect your privacy, we have voluntarily undertaken this privacy initiative.  All of our Services where this Privacy Policy is posted and that display an ESRB Privacy Certified seal have been reviewed and certified by ESRB Privacy Certified to meet established online information collection, use, retention and disclosure practices. As a licensee of this privacy program, we are subject to audits of our Apps and other enforcement and accountability mechanisms administered independently by the ESRB.

TABLE OF CONTENTS

  1. Scope of Privacy Policy
  2. Collection and Use of Information
  3. Cookie Policy
  4. Mobile
  5. Sharing of Information
  6. Your Choices 
  7. Children’s Privacy
  8. Security 
  9. California Residents’ Privacy Rights
  10. International Visitors
  11. Amendments 
  12. Questions or Comments

 

1 – Scope of Privacy Policy

This Privacy Policy applies to information about you or your device collected through our Services.

This Privacy Policy applies to use and sharing of information collected on or after the “Lasted updated” date at the top of this Privacy Policy.

When using our Services, you may be able to access third party websites or applications through links placed in our Services.  This Privacy Policy does not address, and we are not responsible for, the privacy, information, or other data collection, storage, and use practices of any third party operating any site or property to which the Services link (each, a “Linked Site”) or third parties who may provide certain services in connection with your access and use of, and our ability to provide certain products and services to you through the Services discussed in this Privacy Policy (each, a “Service Provider”), which may include, without limitation, Google, Amazon, Facebook, Helpshift, WordPress, and Mailchimp.  In addition, please find additional privacy policies for the most common of these sites and services can be found at the links below:

We encourage you to review the privacy policies of these third parties.

2 – Collection and Use of Information

When you use the Services, we may collect and use certain information about you.  “Personal Information” is information that can be used to identify you (whether alone or in combination) such as your first and last name, email address, zip code/post code, billing address, shipping address, phone number, age, date of birth, and social media handles.  More specifically, when you use the Services, we may collect the following information:

  • We collect certain information that you provide directly to us by filling in forms on the Services, including your name or username, password, email address, street address, telephone number, social media handles, user-uploaded photographs or profile pictures, or other information, when you create an account or profile, interact with other users, or create a customer support ticket request. We engage in these activities to manage our contractual relationship with you, and where relevant, to comply with a legal obligation or based on our legitimate interest in doing so.
  • We collect your birth date at the initial sign-up screen to verify you have met the age requirement to access our Services. We engage in these activities to comply with legal obligations and based on our legitimate interest in doing so (such as to ensure children below the age of legal capacity cannot access Services).
  • We may collect certain data you provide on social features of the Services, such as forums or chat. The information you share in these features is publicly viewable by others, which means we may collect and use the information you provide. We engage in these activities to manage our contractual relationship with you, comply with a legal obligation, or based on our legitimate interest in doing so (ensuring the safety of our Services).
  • When you play multiplayer games, some information may be publicly accessible to others, such as your game statistics and performance. We engage in these activities based on our legitimate interest in doing so (increasing engagement with our games and Services).
  • We may collect certain information that you provide to us when making a purchase via our Services, including your name, billing address, telephone number, payment method, and other payment details in order to process purchases you make. We do so to adhere to our contractual relationship with you or for our legitimate interest.
  • We automatically collect certain information about your device and how you interact with our Services during and after your use of the Services. Such information includes details of your visits to the Services and the resources that you access, including, but not limited to, traffic data, location data, weblogs and other communication data, including your IP address, browser type, the date and time you accessed or left the Site or App, and which pages you viewed. Some parts of the Services use cookies, pixel tags (also known as “web beacons”), and other technologies to collect this information about your general internet usage.  See our “Cookie Policy” to learn more.
  • An Internet Protocol (IP) address is a number that is automatically assigned to your device from which you are accessing the Services by your Internet Service Provider (ISP), and is identified and logged automatically in the server log files whenever you visit the Services, along with the time of the visit and the activity on the Services, browser type and operating system, device information, device event information, and the page you’ve viewed or engaged with before or after using the Site. We and our Service Providers use IP addresses for our internal business purposes such as calculating Site and App usage levels, helping diagnose server problems, administering the Services, and determining your approximate geographic location.
  • We use your IP address to determine your general geographical location, such as the country or region from which your mobile device accesses our Service. We and our Service Providers may use your device’s general location to provide you with personalized location-based services, content and advertisements. We do this to support our legitimate interests.
  • For some of our Services, you are able to log in using your social media account, such as Facebook.  If you log in using your social media account, you allow us to access certain information from your social media profile, such as your name, email address, date of birth, profile picture, friends list, and interests.  The information you allow us to access may depend on you and your friends’ privacy settings on that social network. See below regarding Your Choices.
  • We may engage third parties, such as Google Analytics and Vanilla, to provide analytics about the use of the Services, data processing and management, account management, hosting, customer and technical support. Third-party cookies are covered by the third party’s privacy policy. You can opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
  • We may collect certain information you may provide to us as part of your participation in sweepstakes, contests and similar promotions in order for us to administer these activities. Some of these activities have additional rules, which could contain additional information about how we use and disclose your Personal Information, so we suggest you read these rules carefully. In the event of a conflict between such rules and this Privacy Policy, such rules will govern.
  • In some cases, we aggregate or anonymize your personal information so that it is not identifiable to you.  We may use this information for our business purposes, such as analyzing and better understanding usage trends.

3 – Cookie Policy

A “cookie” is a small computer file that is sent to your computer when you visit a website. “Process Cookies” are cookies that help our Sites to function properly and assist in navigating pages and accessing Services. Without these cookies, the Sites may not function properly. “Session State Cookies” are cookies that collect information about how you interact with our Sites. This may include the page you visit most often and whether you get error messages from certain pages. These cookies help improve your browsing experience, but blocking or deleting these cookies will not render the Sites unusable. When you visit a Site again, the cookie allows that Site to recognize your browser. You can reset your browser to refuse all cookies or to indicate when a cookie is being sent.  Keep in mind, however, that some Site features or services may not function properly without cookies.

A pixel tag is a type of technology placed on a website or within the body of an email.  We use pixel tags to track activity on our Sites, and to determine when our emails are opened or accessed.  We use pixel tags in combination with cookies.

The Services may use social media plug-ins (e.g., the Facebook “Like” button, “Share to Twitter” button) to enable you to easily share information with others. When you visit the Sites, the operator of the social plug-in can place a cookie on your computer or other electronic device that enables that operator to recognize individuals who have previously visited the Sites. If you are logged into the social media website (e.g., Facebook, Twitter) while browsing on the Sites, the social media plug-in allows that social media website to receive information that you have visited the Sites. The social media plug-in also allows the social media website to share information about your activities on the Sites with other users of their social media website. These sharing settings are managed by the social media website and governed by its privacy policy. We recommend that you review the privacy policies of each of these websites, apps, or services before connecting your accounts or sharing any Personal Information.

Note that your browser settings may allow you to automatically transmit a “Do Not Track” signal to sites and online services you visit. Like many websites and online services, we currently do not alter our practices when we receive a “Do Not Track” signal from a visitor’s browser. To learn more about cookies and any “Do Not Track” features, please visit http://www.allaboutcookies.org/ and http://www.allaboutdnt.com. If you choose to decline cookies, then some or all of the features, functionality and promotions available through the Sites may not be available to you. If you do not want information collected through the use of cookies, there is a procedure on most devices through which the Sites are accessed that allows you to decline the use of cookies.

If your device stores Flash LSOs, and if you do not want Flash LSOs stored on your device through which you access the Sites, you can adjust the settings of your Flash player to block Flash LSO storage using the tools contained using the Website Storage Settings Panel. You can also control Flash LSOs by going to the Global Storage Settings Panel and following the instructions (which may include instructions that explain, for example, how to delete existing Flash LSOs (referred to as “information” on the Macromedia site), how to prevent Flash LSOs from being placed on your device without you being asked, and (for Flash Player 8 and later) how to block Flash LSOs that are not being delivered by the operator of the page you are on at the time. Please note that setting the Flash Player to restrict or limit acceptance of Flash LSOs may reduce or impede the functionality of some Flash applications, including, potentially, Flash applications used in connection with the Sites. We expect Service Providers and technology suppliers to honor any decision by you to restrict or limit Flash LSOs, but cannot guarantee that they will do so.

The Cookies and similar technologies used on our Sites can be found HERE.

4 -Mobile

Our Apps include third-party software development kits (“SDKs’) and similar tools that we use for advertising, analytics and to support the internal operations of the Apps.  If you prefer for information not to be used for targeted advertising, please see Your Choices in Section 6 below.

The third-party tools used in our Apps are:

Helpshift – To provide customer service.

LabCave – Collects device level data in order to serve advertisements to the player.

Google Play Service and Apple Game Service – A tool to save your game data.

Mixpanel – A program to review user habits and game analytics and to assist with customer service account review.

DeltaDNA – A program to review user habits and game analytics and to assist with customer service account review.

Redash – A program to review user habits and game analytics and to assist with customer service account review.

Pubnub – A system to assist with player chat.

AppsFlyer – An attribution tool that helps optimize advertising campaigns.

Facebook – Not required but if selected, players can use the tool to save their game data.

5 – Use and Sharing of Information

We primarily use the information we collect from you to provide you access and use of our Services and to fulfill your requests. Our policy is to not sell your personal information to any third parties without your consent.  We use and share the information we collect about you in limited circumstances including:

  • To communicate with you regarding your customer service or other requests;
  • To develop, improve, monitor, diagnose, fix, administer, analyze, and test our Services;
  • For behavioral advertising, retargeting, and remarketing campaigns (see below);
  • With D3Publisher, Inc. (our parent company) and our subsidiaries and affiliates;
  • With our Service Providers in order for them to provide and administer services on our behalf;
  • With law enforcement agencies, governmental officials, or other third parties when required by law or legal process or in order to cooperate with regulators or law enforcement;
  • When we believe, in our sole discretion, that disclosing this information may be necessary to protect our business operations or enforce our policies or terms and conditions, to address an emergency that poses a threat to health or safety, or to take action in response to illegal activities (e.g. fraud);
  • With other business entities should we plan to merge with or be acquired by that business entity or in connection with a partial or total sale of assets, bankruptcy, or another corporate change; and
  • When you otherwise consent.

6 – Your Choices

As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.

You can opt out of targeted advertising by using the links below:
– Facebook: https://www.facebook.com/settings/?tab=ads
– Google: https://www.google.com/settings/ads/anonymous
– Microsoft: https://privacy.microsoft.com/en-us/privacystatement
– Amazon: https://www.amazon.com/adprefs

Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.

On your mobile device, enable the “Limit Ad Tracking” setting in your iOS phone’s settings, or the setting to “Opt out of Ads Personalization” in your Android phone’s settings. To opt-out of location tracking when using the Services, you can use the settings of your device. You can disable mobile analytics and bug reporting through these same settings as well. For more information about analytics and advertising cookies and how you can opt out, you can visit the Network Advertising Initiative’s opt-out page found at http://optout.networkadvertising.org/?c=1, the Digital Advertising Alliance’s opt-out page found at http://optout.aboutads.info/?c=2&lang=EN, or EDAA’s Your Online Choices page found at http://www.youronlinechoices.com/.

This information may be retained by us for as long as the information is needed for its useful purposes, such as maintaining a functional game environment.  We will review information collected on a periodic basis and remove any information that no longer is needed for its required purposes.  An example of this is for retaining information that allows us to improve future in-game activities using past usage information.

You may choose to subscribe to promotional emails about our Services.  If you wish to unsubscribe from receiving future promotional emails you may do so by doing any one of the following: (i) following the “unsubscribe” instructions in the email you received; (ii) emailing our customer support team at [email protected]; or (iii) writing to us at the following address:

D3Publisher of America, Inc.
15910 Ventura Blvd., Suite 800
Encino, CA 91436
ATTN: Customer Support – Unsubscribe

7 – Children’s Privacy

We do not intend to collect personal information as defined by the U.S. Children’s Online Privacy Protection Act (“COPPA”) (“Children’s Personal Information”) in a manner that is not permitted by COPPA. If you are a parent or guardian and believe we have collected Children’s Personal Information in a manner not permitted by COPPA, please contact us at the address listed below (Attention: Legal) and we will remove such data to the extent required by COPPA.

If parents believe that we have unintentionally collected their child’s personal information, they should contact us to request the deletion of the information:

D3 Publisher of America, Inc.
Attn.: Privacy Policy Administrator
15910 Ventura Blvd., Suite 800
Encino, CA 91436
(310) 268-0820

[email protected] 

8 – Security

We have implemented measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration, and disclosure. Notwithstanding, the safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out Personal Information in public areas of the Services like forums. The information you share in public areas may be viewed by any user.

We restrict access of Personal Information to our authorized personnel, employees, Service Providers, and agents who need to know that information in order to operate, innovate, and deliver our Services. Personal Information will only be disclosed to those third parties for the purpose of administering our Services in accordance with the uses as outlined herein.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your Personal Information transmitted to our Services. We cannot guarantee that unauthorized third parties will not gain access to your Personal Information; therefore, any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures in connection with the Services.

9 – California Residents’ Privacy Rights 

California Civil Code Section 1798.83 permits our customers who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes (if any).  Currently, D3Publisher does not disclose personal information to third parties for their direct marketing purposes. If you have any questions about our disclosure practices, please contact us:

D3Publisher of America, Inc.

Attn.: CA Privacy Policy Administrator

15910 Ventura Blvd., Suite 800

Encino, CA 91436

Attn: Shine the Light Law

Categories of Personal Information Collected

In the chart below, we identify each category of personal information that we have or have not collected about our users in the last 12 months,  the purpose(s) for which it was collected; and  the categories of third parties, if any, with which it has been shared.

Category of Personal Information Reason for Collecting and/or Sharing Categories of Third Parties Collected or Disclosed in past 12 months
Common identifiers This includes a name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, and other similar identifiers. Provision of Services; Comply with legal obligations; marketing; sweepstakes and contest administration; information security; Services management. Information technology and security providers; payment processor; marketing services providers. Collected and disclosed
Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).  This includes, among other things, a name, signature, address, telephone number, passport number, and driver’s license or state identification card number.  Note that this category of information overlaps to some extent with the “Common Identifiers” category. Provision of Services; Comply with legal obligations; marketing; sweepstakes and contest administration; information security; Services management. Information technology and security providers; payment processor; marketing services providers. Collected and disclosed
Protected classification characteristics under California or federal law. This includes:  Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information). User admission Not applicable Collected but not disclosed.
Commercial information.  This includes: Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. Not collected Not applicable Not applicable
Biometric information. Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data. Not collected Not applicable Not applicable
Internet or other similar network activity. Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement. Services management and marketing Web-hosting and marketing support vendors Collected and disclosed
Geolocation data.  Physical location or movements. (This does not include general location data.) Not collected Not applicable Not applicable
Sensory data.  Audio, electronic, visual, thermal, olfactory, or similar information. Not collected Not applicable Not applicable
Professional or employment-related information.  Current or past job history or performance evaluations. To evaluate, recruit, and hire personnel Not shared Collected; not disclosed to third parties
Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).   Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records. Not collected Not applicable Not applicable
Inferences drawn from other personal information.  Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. Not collected Not collected Not collected or disclosed

 

If you are a California resident and we know you are under 16 years of age, we will not sell, rent, release, disclose, disseminate, make available, transfer, or otherwise communicate to any other business or third party for monetary or other valuable consideration your personal information.

Rights of California Residents

Right to Know:  If you are a California resident, you may submit, free of charge, but no more than twice in a 12-month period, a verifiable request for the following information:

  • The specific pieces of personal information we have about you;
  • The categories of personal information we collected, sold or disclosed for a business purpose about you within the last 12 months;
  • The categories of sources from which the personal information was collected;
  • The purposes for which the information was collected or sold; and
  • The categories of third parties to which the information was sold, disclosed for a business purpose, or otherwise shared.

If possible, we will provide this information to you in a readily usable format that allows transmission to another entity.

To submit a request, please contact us by email at [email protected].  Within 10 business days of receipt, we will let you know we received your request.  We will provide a substantive response within 45 calendar days, unless we need more time, in which case we will notify you.  If we need additional information to verify your identity, we will contact you to request that information.  If we are not able to verify your identity, we will deny your request, but if applicable, we will refer you to the applicable sections of this Privacy Policy that address our data collection and use practices.  If we deny your request, even if only in part, we will explain the reason in our response.

Right to Delete:  If you are a California resident, you may submit a verifiable request for us to delete any personal information we have collected about you.  To submit a request, please email us at [email protected] or mail to D3Publisher of America, Inc., 15910 Ventura Blvd., Suite 800, Encino, CA 91436, Attn: Legal.

Within 10 business days of receipt, we will confirm receipt of your request.  We will provide a substantive response within 45 calendar days, unless we need more time, in which case we will notify you.  If we need additional information to verify your identity, we will contact you to request that information.  If we are not able to verify your identity, we will deny your request to delete.  If we deny your request, even if only in part, we will explain the reason in our response, and we will ask if you would like to opt out of the sale of your personal information.  In either case, we will maintain a record of your request and our response.

Right to Opt-Out:  At any time, you may tell us not to sell, rent, release, disclose, disseminate, make available, transfer, or otherwise communicate to another business or third party for monetary or other valuable consideration your personal information.  You may make this request by emailing us at [email protected] or mailing a letter to us at D3Publisher of America, Inc., 15910 Ventura Blvd., Suite 800, Encino, CA 91436, Attn: Legal.

Right to be Free from Discrimination:  We may not discriminate against you because you have chosen to exercise your rights, including, for example, by denying you access to our online services or charging you different rates or prices for the same online services, unless that difference is reasonably related to the value provided by your data.

Exercising Your Rights:  To submit a verifiable request or to otherwise contact us for more information about how to exercise your rights, please follow the instructions above.  To exercise your opt-out right, please click the link above.

If you would like to designate an authorized agent to make a request on your behalf, you must (i) provide the agent signed permission to do so, (ii) provide proof of your identity, and (iii) directly confirm you provided the authorized agent permission to submit the request.  If we do not receive the above, we will deny the request.

Contact Us

If you have any questions or concerns about our privacy policies or practices, please contact us:

D3Publisher of America, Inc.
Attn.: CA Privacy Policy Administrator
15910 Ventura Blvd., Suite 800
Encino, CA 91436
(310) 268-0820

[email protected].

10 – International Visitors

The Services are hosted and operated in the United States (“US”) and elsewhere in the world.  By using the Services, you are consenting to the transfer of your personal information to the US.  If you are accessing the Services from outside the US, please be advised that US law may not offer the same privacy protections as the law of your jurisdiction.

If you are a data subject in the European Economic Area (“EEA”), you have the right to access, rectify, or erase any personal data we have collected about you.  You also have the right to data portability and the right to restrict or object to our processing of personal data we have collected about you.  You may withdraw your consent at any time for any data processing we do based on consent you have provided to us. To exercise any of these rights, contact us as set forth in the section “Contact Us” below and specify which right you intend to exercise.  We will respond to your request within 30 days.  We may require additional information from you to allow us to confirm your identity.  Please note that we may store information as necessary to fulfill the purposes for which it was collected, and may continue to retain and use the information even after a data subject request for purposes of our legitimate interests, including to comply with legal obligations, resolve disputes, prevent fraud, and enforce agreements. Personal data collected within the European Union and Switzerland may be transferred and processed by third parties located in a country outside of the European Union and Switzerland.  In such instances, we will ensure that the transfer of your personal data is carried out in accordance with applicable privacy laws. If you have any issues with our compliance, you have the right to lodge a complaint with an EEA supervisory authority.

11 – Amendments

We may amend this Privacy Policy at any time. If we make a material change to this Privacy Policy, we will notify you by sending you an email at the last email address that you provided us, or by prominently posting notice of the changes within our Services.  Any changes to this Privacy Policy will take effect upon posting and will apply to the information we collect on and after the Effective Date, which is posted at the top of this Privacy Policy.

12 – Questions or Comments

If you have questions or wish to send us comments about this Privacy Policy, including our information practices with respect to children, please send us an e-mail us at [email protected] with your questions or comments to write us at:

D3Publisher of America, Inc.
Attn.: Privacy Policy Administrator
15910 Ventura Blvd., Suite 800
Encino, CA 91436

Please be assured that any personal information that you provide in communications to the above email and postal mail addresses will not be used to send you promotional materials, unless you request it.

As mentioned above, D3Publisher is a licensee of the ESRB’s Privacy Certified Program. If you believe that we have not responded to your inquiry or your inquiry has not been satisfactorily addressed, please contact ESRB at http://www.esrb.org/privacy/contact/ or by email at [email protected]


© 2005-2020 D3Publisher of America, Inc. D3Publisher and its logo are trademarks or registered trademarks of D3Publisher of America, Inc. All other trademarks are property of their respective owners. All rights reserved.

The rating icon is a registered trademark if the Entertainment Software Association.

“PlayStation” and the “PS” Family logo are registered trademarks and the “PSVITA” logo and “PS3” and the PlayStation Network logo are trademarks of Sony Computer Entertainment Inc.

Nintendo properties are trademarks of Nintendo.

KINECT, Xbox, Xbox 360, Xbox LIVE and the Xbox logos are trademarks of the Microsoft group of companies and are used under license from Microsoft.

 

 

END USER LICENSE AGREEMENT

Last updated January 22, 2019

D3PUBLISHER OF AMERICA, INC.

Marvel Puzzle Quest: Dark Reign

PLEASE READ THIS END USER LICENSE AGREEMENT (THIS “EULA”), WHICH IS A LEGALLY BINDING AGREEMENT BETWEEN YOU, THE END USER (“YOU”), AND D3PUBLISHER OF AMERICA, INC. AND ITS AFFILIATES (COLLECTIVELY, “D3PA”, “WE” OR “US”), CAREFULLY BEFORE USING THE MARVEL PUZZLE QUEST: DARK REIGN MOBILE GAME PROVIDED BY D3PA (THE “GAME”). BY DOWNLOADING OR USING THE GAME, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, PLEASE DO NOT CLICK “ACCEPT” OR OTHERWISE DOWNLOAD OR USE THE GAME.

Terms of Use.  The Game is licensed, not sold, to you by D3PA. By using the Game, you agree to be bound by this EULA. We reserve all rights in and to the Game not expressly granted to you under this EULA. We may modify this EULA, at our sole discretion, without your consent, effective immediately upon posting of the revised EULA, and you agree to and accept this condition. The terms of this EULA will govern any upgrades provided by D3PA that replace and/or supplement the original Game, unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern. You acknowledge that this EULA is concluded solely between you and D3PA, and not with the provider of your device and/or mobile platform operator (e.g., Apple, Samsung, Google, Amazon) (collectively, the “Mobile Platform Operator”), and that D3PA is solely responsible for the Game and the content thereof, except as otherwise provided in this EULA. If this EULA is less restrictive than, or in conflict with, the terms or conditions of service imposed by any applicable Mobile Platform Operator, the terms and conditions of the Mobile Platform Operator will govern. Material changes to this EULA will be announced by posting them in the Mobile Platform Operator’s commerce center or store (e.g., Apple App Store, Android Market) where the Game may be available. You are responsible for checking this EULA each time before using the Game. Continued use of the Game following the posting of changes will mean that you accept and agree to the updated EULA.

Scope of License.  This EULA is a non-exclusive, limited, nontransferable, non-sublicensable, terminable license to use the Game on mobile devices that you own or control and as permitted by the usage rules of the Mobile Platform Operator, or other terms and conditions applying to your mobile device. This EULA does not allow you to use the Game on any device that you do not own or control, and except as provided in the terms and conditions relating to your device, you may not distribute or make the Game available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, transfer, redistribute, or sublicense the Game and, if you sell your device to a third party, you must remove the Game before doing so. You may not copy (except as expressly permitted by this EULA and the terms and conditions for your mobile device), decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Game or any part thereof (except as and only to the extent that any forgoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-source components included with the Game). Any attempt to do so is violation of the rights of D3PA and D3PA’s licensors. If you breach this restriction, you may be subject to prosecution and damages.

Intellectual Property.  All content included in the Game, including text, design, graphics, logos, user interfaces, button icons, images, photographs, audio clips, video clips, digital downloads, data compilations and software (but not including any content posted by users) is owned by D3PA or D3PA’s licensors and protected by applicable copyright and other intellectual property laws. The Game may include registered and unregistered trademarks owned by or licensed to D3PA, which may not be copied, imitated or used, without the prior written permission of D3PA.

Charges.  If there is a charge associated with the Game, you agree to pay that charge. If the Game is free, there may still be charges for additional content within the Game, including virtual currency and virtual goods (both defined below), and you agree to pay those charges. You may be able to prevent purchase of such additional content by adjusting your mobile device’s settings. Certain devices may keep you logged on for a period of time after you download the Game (or after you make a purchase through the Game). This may allow a user (for example, a child) to incur charges without entering your password. This is a function of the software of these devices and not within our control. Prices for the Game exclude all applicable taxes and currency exchange settlements, unless stated otherwise. You may still incur charges incidental to using the Game even if the Game itself is free (for example, charges for internet access, text messaging, and other data transmission). You are solely responsible for the payment of such taxes or other charges related to your use of the Game. Any amounts paid for the Game or virtual items or virtual currency are non-refundable, except as expressly set forth in this EULA. You understand that all purchases and charges made by you are final. You are not entitled to any refund or return for products sold for any reason. Any election to honor a refund or return shall be made at our sole discretion.

Consent to Use of Data.  We may ask you to submit certain personal information in order to register a D3PA account. You agree to provide and maintain true, accurate, complete and current information. If you provide any information that is untrue, inaccurate, incomplete or not current, D3PA has the right to suspend or terminate your account and refuse any and all current or future use of the Game by you.  D3PA is committed to protecting your privacy. By using the Game, you agree to be bound by D3PA’s privacy policy. You agree that all data you share with D3PA, or any data collected by D3PA during your use of our product, is the exclusive property of D3PA.You agree that we may collect and use technical data, gameplay data, and related information, including but not limited to, technical information about your device, system and application software, and peripherals, which is gathered periodically to facilitate the provision of software updates and product support related to the Game. We may also use this information, as long as it is in a format that does not personally identify you, to improve our products or to provide new games or other applications to you. However, you reserve the right to opt out of any data collection, discontinue your use of our services, or modify or delete any stored data accessible to you at your convenience.  Data Shared to D3 for Marvel Puzzle Quest includes the following:

  • Facebook connection is not required, but connecting the app with Facebook on a device allows the users save to be backed up in case something goes wrong with a device due to theft, damage or anything else. For this, we collect and store the Facebook ID connected through the Facebook app. There is also a user controlled message gifting system that is completely user controlled and sent through private messages only.

 

  • Google Play Service is a tool that allows us to store your save data as a backup incase your device is lost or reset so we can help you get your progress back in the game, this is done by collecting and storing the Google User ID.

 

  • Helpshift stores user name, device ID, and player game ID for customer support reasons so if you write in to fix an issue we have the data to fix the issues reported.

 

  • Mixpanel is a program we used to review user habits and game analytics using user_ID, username, advertising identifiers, and IP address. A user ID is a something that is created when the game is installed on a device and is only linked to the game while it stays on the device so that Customer Support can help fix players status. A username is created by the player and is the same as a user ID, it’s created when by the player and will be deleted if the game is deleted from the device.  Advertising identifiers are also created when the app is installed on a device for sending information to a user about sales that target a users habits.  The development team includes only a few people who are capable and in charge of reviewing the information to run reports displaying in graphs habits of players for the designers to work out what is and isn’t working in the game.   One of the main reasons for this is gathering info to find what players are interested in, what they are avoiding, what players are most interested in purchasing, etc. so that we can make educated decisions on what to work on next to improve, add to, or remove in the game.

 

  • Zendesk stores user name, device ID, and player game ID for customer support reasons so if you write in to fix an issue we have the data to fix the issues reported.

 

  • Pubnub is a system we use in the game that collects your in game user name and your unique game ID so that we can review conversations only when needed. This is done so we can review if someone is abusing another player verbally in the game so we can take proper action against a user with proof.

 

  • MARVEL – In some cases, when players opt-in, we share player in-game usernames with Marvel Entertainment, LLC to facilitate some contests and giveaways. Also, we occasionally post some messages in game related to MARVEL promotions.

 

  • Appsflyer – Advertising ID, such as IDFA (Identifier For Advertisers) and Google Advertiser ID, and IP Address are shared with Appsflyer in order to attribute installs of the game to advertisements. Appsflyer also collects various other information, such as OS version, device model, and in-app events (e.g. occurrences of purchases), to help us further optimize our advertising campaigns.

 

  • Hockeyapp – This collects information from your device to help us diagnose and correct critical issues, such as game crashes.

 

  • GameChangerSF – Device identifiers of some users are shared with GameChangerSF in order to create optimized ad campaigns and, in some cases, to send advertisements about in-game events, characters, or activity.

 

Registration; Password.  When you register for a D3PA account, you will choose a user ID and password. It is your responsibility to keep your user ID and password confidential. If you think a third party may have obtained your password, you should immediately change your password. We will have no responsibility for damage caused to you  by a third party using your user ID and password regardless of whether it was provided intentionally by you or through your negligence, and regardless of whether we knew or should have known of such use. If there are changes to information that you registered with us when applying to use the Game, you should update your profile to reflect the changes.

Minor Users.  D3PA relies upon parents and guardians to determine if the Game is appropriate for the viewing, access or purchase by persons under the age of 18.  We do not intend the Game to be viewed or used by children under the age of 13. By using the Game, you represent and warrant that you are age 13 or older.  You agree to monitor use of your account by persons between the ages of 13 and 18, including responsibility for any use of your credit card or other payment instrument.

We do not intend to collect personal information as defined by the U.S. Children’s Online Privacy Protection Act (“COPPA”) (“Children’s Personal Information”) in a manner that is not permitted by COPPA, and for any children’s or mixed-use portions of our site (if any) we will comply with COPPA. If you are a parent or guardian and believe we have collected Children’s Personal Information in a manner not permitted by COPPA, please contact us at the address listed below (Attention: Legal) and we will remove such data to the extent required by COPPA. Parents may want to consider commercially available parental control protections to limit what minors can access online and/or monitor their minor children’s online activities. Examples include: www.netnanny.com; www.webwatcher.com and www.sentrypc.com. We do not endorse these or other services and are not responsible for them.

Virtual Currency and Virtual Goods.  The Game may include “virtual currency,” consisting of coins, points or similar items that may be earned or obtained through the Game or otherwise purchased by you using actual (‘real world’) currency, subject to applicable law. The Game may also include “virtual goods,” consisting of digital items such as commodities, abilities or other goods that may be earned or obtained through the Game or otherwise purchased by you using actual or virtual currency, subject to applicable law.  We can manage, regulate, control, modify or eliminate virtual currency and/or virtual goods, including the price thereof, at our discretion, and will have no liability to you or any third party for any of such actions. You have no right, title, or interest in or to any virtual goods or virtual currency except the following: a limited, personal, non-transferable, non-sublicensable, revocable license to use, solely within the Game, virtual goods and virtual currency that you have earned, purchased or otherwise obtained in a manner authorized by us. You agree that the transfer of virtual currency and virtual goods is prohibited except where expressly authorized in the Game. Also, outside of the Game, you may not sell, redeem or otherwise transfer virtual currency or virtual goods to D3PA, any other user of the Game or any other party. You agree that all sales of virtual currency and virtual goods are final and non-refundable, unless we or the applicable Mobile Platform Operator decides in its sole and absolute discretion to provide a refund. You agree that in the event that this EULA, your account or the Game is terminated for any reason, which may include, without limitation, our discontinuation for any reason of the applicable portion of the Game, you will forfeit all virtual currency and virtual goods, and we will have no liability to you for such forfeiture.

User Content.  The Game may invite or enable you and other users to create, submit, post display, transmit, perform, publish or distribute communications, content and materials by e-mail or through online forums, message boards, social media platforms, messaging services, blogs or other functionality of the Game or portions thereof. D3PA has no obligation to accept, display, review, maintain or otherwise exploit any user content. By posting user content to the Game, you represent and warrant that you have all rights, including under copyright, to do so, and that such content is not illegal, defamatory or pornographic.  You agree that user content is not confidential. You further agree that user content will not be returned to you. You hereby grant to D3PA a worldwide irrevocable, perpetual, non-exclusive, transferable, royalty-free license (with the right to sublicense), to use, copy, adapt, modify, distribute, license, sell, transfer, publicly perform, transmit, stream, broadcast and otherwise exploit for any purpose user content via the Game or by any other means. You further hereby irrevocably grant to D3PA the unconditional right to use and exploit your name, persona and likeness included in any user content and in connection with any user content, without any obligation to you. Except as prohibited by law, you waive any rights to attribution and/or any moral rights you may have in user content, regardless whether user content is altered or changed in a manner not agreeable to you.  If a user requests to remove or correct their data, they must write an email to [email protected] which will then be queued with any other requests and taken care of as soon as possible.  We may not be able to fully remove data, for instance the leaderboards of the game because it could cause issues that would make the game unstable.  We are not liable for any damage resulting from any infringement of copyright, trademark or other intellectual property or proprietary rights in any user content.

Third Party Services.  The Game may contain links, login interfaces and other connections to third party websites and applications (e.g., Facebook). Such third party services are provided solely as a convenience to you, and we are not responsible for, and do not sponsor or endorse the content of third party services. Use of third party services may require you to accept additional terms. We are not responsible for examining or evaluating, and do not warrant the offerings of, any third party services, and you agree to use them at your sole risk.  You may encounter content that may be deemed offensive or objectionable which content may or may not be identified as including explicit language, and that the results of any search or entering a URL may automatically and unintentionally generate links or references to objectionable content.  In particular, you acknowledge and agree that use of third party services may cause personally identifying information to be publicly disclosed and/or associated with you. The end user license agreement, terms of use, privacy policy and any other terms designated by the third party service will govern your use of that third party service. If you have any questions, concerns or complaints about a third party service, please contact the support or contact personnel of that third party service.  We may allow you to log in to the Game using third party services. By logging in using a third party service or otherwise using third party services, you permit that third party service to access information related to your account with that third party service (including profile information, friends and privacy settings), and the third party service may be able to access information concerning your actions in the Game. Use of the third party services may require internet access and that you accept additional terms of service.  You agree to use the third party services at your sole risk and that D3PA shall not have any liability to you for content that may be found to be offensive or objectionable.

Certain third party services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the third party services, You acknowledge and agree that D3PA is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. D3PA does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person with respect to any third party services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to You. Financial information displayed by any third party services is for general informational purposes only and is not intended to be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the third party services, You should consult with a financial professional. Location data provided by any third party services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither D3PA, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information or location data displayed by any third party services.

You agree that any third party services may contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the third party services. No portion of the third party services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the third party services, in any manner, and You shall not exploit the third party services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the third party services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that D3PA is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using any of the third party services.

In addition, third party services and Third Party Materials that may be accessed from, displayed on or linked to from your device are not available in all languages or in all countries. D3PA makes no representation that such third party services and/or any Third Party Materials are appropriate or available for use in any particular location. To the extent You choose to access such third party services or Third Party Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. D3PA, and its licensors, reserve the right to change, suspend, remove, or disable access to any third party services at any time without notice. In no event will the D3PA be liable for the removal of or disabling of access to any such third party services. D3PA may also impose limits on the use of or access to certain third party services, in any case and without notice or liability.

Prohibited Conduct.  You agree not to engage in any of the following conduct through or in connection with the Game: (a) interfere with or disrupt the Game or servers or networks, or disobey any requirements, procedures, policies or regulations of networks connected with the Game; (b) interfere with, disrupt or circumvent any security feature of the Game or any feature that restricts or enforces limitations on use of or access to the Game; (c) use the Game to violate the law; (d) use the Game to harm minors in any way; (e) use the Game to reveal any personal information about another individual, including any information that may be used to track, contact or impersonate that individual; (f) defraud or mislead D3PA or other users; (g) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; (h) create a D3PA account by automated means, false pretenses, on someone else’s behalf or use any other user’s account and/or permit others to use your account for any purpose, including to circumvent a suspension or ban; (i) cheat or use, develop or distribute automation software programs (“bots”),  “macro” software programs or other “cheat utility” software programs or applications that are designed to modify the Game experience to the detriment of fair play; or (j)  submit false refund requests to D3PA or any Mobile Platform Operator. D3PA reserves the right to determine what conduct violates these restrictions or is otherwise outside the intentions of this EULA or the Game and to take action as a result, which  may include termination of your account(s) and exclusion from further participation in the Game.

Changes, Suspension or Termination of the Game.  We reserve the right to add, change, suspend or discontinue the Game, or any aspect or feature of the Game, without notice or liability. You agree that we may alter the Game, which includes changing the various terms and changing or eliminating parts of the Game, without contacting you in advance.  You agree that we may temporarily suspend the Game without prior notice. During any such period you may be unable to access any information you have stored on the Game. This may occur, for example, when we are conducting regular or emergency maintenance on the Game. The license is effective until terminated by you or D3PA. Your rights under this EULA will terminate automatically without notice from D3PA if you cease all use of the Game and delete all copies of the Game. You may, as a result of termination, lose your D3PA account and all information and data associated with it, including virtual currency and virtual goods.  You will not be entitled to any refund, reimbursement or other liability as a result of any termination permitted under this EULA for any reason, whether by you or D3PA. D3PA reserves the right to refuse to keep accounts for or provide access to the Game to anyone.

NO WARRANTY.  YOU ACKNOWLEDGE AND AGREE THAT USE OF THE GAME IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE GAME AND ANY SERVICES PERFORMED OR PROVIDED BY THE GAME ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND D3PA HEREBY DISCLAIMS ALL WARRANTIES AND CONDIONS WITH RESPECT TO THE GAME AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMTED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD PARTY RIGHTS. NO D3PA PARTY WARRANTS THAT THE GAME, OUR SERVERS OR EMAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. D3PA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE GAME, OR PERFORMED OR PROVIDED BY THE GAME, WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE GAME WILL BE CORRECTED. SHOULD THE GAME PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIOIN OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY.  TO THE EXTENT NOT PROHBITED BY LAW, IN NO EVENT SHALL D3PA BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE GAME, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF D3PA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATOIN OF LIABILITY FOR PERSONAL INJURY OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall our total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars (US$50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. In the event of any failure of the Game to conform to any applicable Mobile Platform Operator warranty on the Mobile Platform Operator’s applicable device or platform, you may notify and request a refund for the purchase price for the Game from the applicable Mobile Platform Operator.

Indemnification.  You are responsible for damages incurred by D3PA and our affiliates as a result of your use of the Game and agree to defend, indemnify and hold harmless D3PA and our affiliates and other users from and against any and all claims, damages, costs and expenses, including attorney’s fees, arising from or related to the use of the Game and any breach of this EULA or any other policies posted on or in connection with the Game from time to time.

Third Party Beneficiary.  You acknowledge and agree that the Mobile Platform Operators are third party beneficiaries of this EULA, and that, upon your acceptance of the terms and conditions of this EULA, such parties will have the right to enforce this EULA against you as a third party beneficiary thereof.

No Support.  You agree that D3PA has no obligation to provide technical, maintenance or other support relating to the Game. You further agree that the applicable Mobile Platform Operator has no obligation whatsoever to furnish any technical, maintenance or other support services with respect to the Game. We may provide limited support to users who contact us through [email protected]; provided, however, that we may discontinue such support at any time.

Export.  You may not use or otherwise export or re-export the Game except as authorized by United States law and the laws of the jurisdiction in which the Game was obtained. In particular, but without limitation, the Game may not be exported or re-exported (a) into any US-embargoed countries, or (b) to anyone on the US Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Game, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Game for any purposes prohibited by US law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.

US Government Users.  The Game and related documentation are “Commercial Items”, as the term is defined at 48 C.F.R. § 12.212 or 48 C.F.R §277.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to US Government end users (a) only as Commercial Items, and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.

Communications.  You agree that D3PA may send e-mail to you for the purposes of informing you of upcoming events or offers, notifying you of changes to the Game, or for other purposes we deem appropriate.

Any questions relating to the Game should be directed to

D3Publisher of America, Inc.

15910 Ventura Blvd., Suite 800

Encino, CA 91436 (USA)

Email: [email protected] 

Disputes.  As used in this EULA, “Dispute(s)” means any dispute, claim, demand, action, proceeding, or other controversy between you and D3PA concerning the Game and your or D3PA’s obligations and performance under this EULA or with respect to the Game, whether based in contract, warranty, tort (including, without limitation, fraud, misrepresentation, fraudulent inducement, concealment, omission, negligence, conversion, trespass, strict liability, and product liability), statue (including, without limitation, consumer protection and unfair competition statues), regulation, ordinance, or any other legal or equitable basis or theory. “Dispute” will be given the broadest possible meaning allowable under law. You acknowledge that the Mobile Platform Operator is not responsible for addressing any disputes.

Arbitration.  Any Dispute arising under or relating to this EULA shall be finally settled by binding arbitration between you and D3PA. You and D3PA agree to attempt in good faith to resolve any Dispute before commencing arbitration. Unless you and D3PA otherwise agree in writing, the time for informal negotiation will be 60 days from the date on which you or D3PA provides written notice of the Dispute. You and D3PA agree that neither will commence arbitration before the end of the time for informal negotiation. If informal negation is not effective, arbitration shall be conducted before a single arbitrator under the Rules of the American Arbitration Association and shall be conducted in Los Angeles, California USA. YOU UNDERSTAND AND ACKNOWLEDGE THAT BY AGREEING TO BINDING ARBITRATION, YOU ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ALL DISPUTES IN COURT BEFORE A JUDGE OR JURY. INSTEAD, YOU UNDERSTAND AND AGREE THAT ALL DISPUTES WILL BE RESOLVED BEFORE A NEUTRAL ARBITRATOR, WHOSE AWARD (DECISION) WILL BE BINDING AND FINAL, EXCEPT FOR A LIMITED RIGHT OF APPEAL UNDER THE FEDERAL ARBITRATION ACT. ANY COURT WITH JURISDICTION OVER THE PARTIES MAY ENFORCE THE ARBITRATOR’S AWARD.

Governing Law.  The laws of the State of California, excluding its conflicts of law rules, govern this EULA and your use of the Game. Your use of the Game may also be subject to other local, state, national, or international laws. In the event that the agreement above to arbitrate is not effective for any reason, you hereby agree to personal jurisdiction by and venue in the federal and state courts of Los Angeles, California, USA for all Disputes in connection with this EULA or any Dispute of any sort that might arise between you and us or our affiliates.

Severability.  If any of the terms or conditions of this EULA shall be deemed invalid, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining port of this EULA.

Delay in Enforcement. No delay or failure to take action under this EULA shall constitute any waiver by us of any provision of this EULA.

Complete Agreement.  This EULA and any other policies posted on, in or in connection with the Game from time to time constitute the complete agreement between you and D3PA with respect to the subject matter hereof and thereof and supersede all prior agreements or representations between you and D3PA.

 


Adventure Time Puzzle Quest: 

END USER LICENSE AGREEMENT

Last updated January 1, 2016

Adventure Time Puzzle Quest

PLEASE READ THIS END USER LICENSE AGREEMENT (THIS “EULA”), WHICH IS A LEGALLY BINDING AGREEMENT BETWEEN YOU, THE END USER (“YOU”), AND D3PUBLISHER OF AMERICA, INC. (D.B.A. D3 Go!) AND ITS AFFILIATES (COLLECTIVELY, “D3PA”, “WE” OR “US”), CAREFULLY BEFORE USING THE ADVENTURE TIME PUZZLE QUEST MOBILE GAME PROVIDED BY D3PA (THE “GAME”). BY DOWNLOADING OR USING THE GAME, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, PLEASE DO NOT CLICK “ACCEPT” OR OTHERWISE DOWNLOAD OR USE THE GAME.

Terms of Use.  The Game is licensed, not sold, to you by D3PA. By using the Game, you agree to be bound by this EULA. We reserve all rights in and to the Game not expressly granted to you under this EULA. We may modify this EULA, at our sole discretion, without your consent, effective immediately upon posting of the revised EULA, and you agree to and accept this condition. The terms of this EULA will govern any upgrades provided by D3PA that replace and/or supplement the original Game, unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern. You acknowledge that this EULA is concluded solely between you and D3PA, and not with the provider of your device and/or mobile platform operator (e.g., Apple, Samsung, Google, Amazon) (collectively, the “Mobile Platform Operator”), and that D3PA is solely responsible for the Game and the content thereof, except as otherwise provided in this EULA. If this EULA is less restrictive than, or in conflict with, the terms or conditions of service imposed by any applicable Mobile Platform Operator, the terms and conditions of the Mobile Platform Operator will govern. Material changes to this EULA will be announced by posting them in the Mobile Platform Operator’s commerce center or store (e.g., Apple App Store, Android Market) where the Game may be available. You are responsible for checking this EULA each time before using the Game. Continued use of the Game following the posting of changes will mean that you accept and agree to the updated EULA.

Scope of License.  This EULA is a non-exclusive, limited, nontransferable, non-sublicensable, terminable license to use the Game on mobile devices that you own or control and as permitted by the usage rules of the Mobile Platform Operator, or other terms and conditions applying to your mobile device. This EULA does not allow you to use the Game on any device that you do not own or control, and except as provided in the terms and conditions relating to your device, you may not distribute or make the Game available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, transfer, redistribute, or sublicense the Game and, if you sell your device to a third party, you must remove the Game before doing so. You may not copy (except as expressly permitted by this EULA and the terms and conditions for your mobile device), decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Game or any part thereof (except as and only to the extent that any forgoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-source components included with the Game). Any attempt to do so is violation of the rights of D3PA and D3PA’s licensors. If you breach this restriction, you may be subject to prosecution and damages.

Intellectual Property.  All content included in the Game, including text, design, graphics, logos, user interfaces, button icons, images, photographs, audio clips, video clips, digital downloads, data compilations and software (but not including any content posted by users) is owned by D3PA or D3PA’s licensors and protected by applicable copyright and other intellectual property laws. The Game may include registered and unregistered trademarks owned by or licensed to D3PA, which may not be copied, imitated or used, without the prior written permission of D3PA.

Charges.  If there is a charge associated with the Game, you agree to pay that charge. If the Game is free, there may still be charges for additional content within the Game, including virtual currency and virtual goods (both defined below), and you agree to pay those charges. You may be able to prevent purchase of such additional content by adjusting your mobile device’s settings. Certain devices may keep you logged on for a period of time after you download the Game (or after you make a purchase through the Game). This may allow a user (for example, a child) to incur charges without entering your password. This is a function of the software of these devices and not within our control. Prices for the Game exclude all applicable taxes and currency exchange settlements, unless stated otherwise. You may still incur charges incidental to using the Game even if the Game itself is free (for example, charges for internet access, text messaging, and other data transmission). You are solely responsible for the payment of such taxes or other charges related to your use of the Game. Any amounts paid for the Game or virtual items or virtual currency are non-refundable, except as expressly set forth in this EULA. You understand that all purchases and charges made by you are final. You are not entitled to any refund or return for products sold for any reason. Any election to honor a refund or return shall be made at our sole discretion.

Consent to Use of Data.  We may ask you to submit certain personal information in order to register a D3PA account. You agree to provide and maintain true, accurate, complete and current information. If you provide any information that is untrue, inaccurate, incomplete or not current, D3PA has the right to suspend or terminate your account and refuse any and all current or future use of the Game by you.  D3PA is committed to protecting your privacy. By using the Game, you agree to be bound by D3PA’s privacy policy. You agree that all data you share with D3PA, or any data collected by D3PA during your use of our product, is the exclusive property of D3PA.You agree that we may collect and use technical data, gameplay data, and related information, including but not limited to, technical information about your device, system and application software, and peripherals, which is gathered periodically to facilitate the provision of software updates and product support related to the Game. We may also use this information, as long as it is in a format that does not personally identify you, to improve our products or to provide new games or other applications to you. However, you reserve the right to opt out of any data collection, discontinue your use of our services, or modify or delete any stored data accessible to you at your convenience.

Registration; Password.  When you register for a D3PA account, you will choose a user ID and password. It is your responsibility to keep your user ID and password confidential. If you think a third party may have obtained your password, you should immediately change your password. We will have no responsibility for damage caused to you  by a third party using your user ID and password regardless of whether it was provided intentionally by you or through your negligence, and regardless of whether we knew or should have known of such use. If there are changes to information that you registered with us when applying to use the Game, you should update your profile to reflect the changes.

Minor Users.  D3PA relies upon parents and guardians to determine if the Game is appropriate for the viewing, access or purchase by persons under the age of 18.  We do not intend the Game to be viewed or used by children under the age of 13. By using the Game, you represent and warrant that you are age 13 or older.  You agree to monitor use of your account by persons between the ages of 13 and 18, including responsibility for any use of your credit card or other payment instrument.

Virtual Currency and Virtual Goods.  The Game may include “virtual currency,” consisting of coins, points or similar items that may be earned or obtained through the Game or otherwise purchased by you using actual (‘real world’) currency, subject to applicable law. The Game may also include “virtual goods,” consisting of digital items such as commodities, abilities or other goods that may be earned or obtained through the Game or otherwise purchased by you using actual or virtual currency, subject to applicable law.  We can manage, regulate, control, modify or eliminate virtual currency and/or virtual goods, including the price thereof, at our discretion, and will have no liability to you or any third party for any of such actions. You have no right, title, or interest in or to any virtual goods or virtual currency except the following: a limited, personal, non-transferable, non-sublicensable, revocable license to use, solely within the Game, virtual goods and virtual currency that you have earned, purchased or otherwise obtained in a manner authorized by us. You agree that the transfer of virtual currency and virtual goods is prohibited except where expressly authorized in the Game. Also, outside of the Game, you may not sell, redeem or otherwise transfer virtual currency or virtual goods to D3PA, any other user of the Game or any other party. You agree that all sales of virtual currency and virtual goods are final and non-refundable, unless we or the applicable Mobile Platform Operator decides in its sole and absolute discretion to provide a refund. You agree that in the event that this EULA, your account or the Game is terminated for any reason, which may include, without limitation, our discontinuation for any reason of the applicable portion of the Game, you will forfeit all virtual currency and virtual goods, and we will have no liability to you for such forfeiture.

User Content.  The Game may invite or enable you and other users to create, submit, post display, transmit, perform, publish or distribute communications, content and materials by e-mail or through online forums, message boards, social media platforms, messaging services, blogs or other functionality of the Game or portions thereof. D3PA has no obligation to accept, display, review, maintain or otherwise exploit any user content. By posting user content to the Game, you represent and warrant that you have all rights, including under copyright, to do so, and that such content is not illegal, defamatory or pornographic.  You agree that user content is not confidential. You further agree that user content will not be returned to you. You hereby grant to D3PA a worldwide irrevocable, perpetual, non-exclusive, transferable, royalty-free license (with the right to sublicense), to use, copy, adapt, modify, distribute, license, sell, transfer, publicly perform, transmit, stream, broadcast and otherwise exploit for any purpose user content via the Game or by any other means. You further hereby irrevocably grant to D3PA the unconditional right to use and exploit your name, persona and likeness included in any user content and in connection with any user content, without any obligation to you. Except as prohibited by law, you waive any rights to attribution and/or any moral rights you may have in user content, regardless whether user content is altered or changed in a manner not agreeable to you.  We have no obligation to monitor, verify, correct or remove user content, although we reserve the right to do so in our sole discretion from time to time. We are not liable for any damage resulting from any infringement of copyright, trademark or other intellectual property or proprietary rights in any user content.

Third Party Services.  The Game may contain links, login interfaces and other connections to third party websites and applications (e.g., Facebook). Such third party services are provided solely as a convenience to you, and we are not responsible for, and do not sponsor or endorse the content of third party services. Use of third party services may require you to accept additional terms. We are not responsible for examining or evaluating, and do not warrant the offerings of, any third party services, and you agree to use them at your sole risk.  You may encounter content that may be deemed offensive or objectionable which content may or may not be identified as including explicit language, and that the results of any search or entering a URL may automatically and unintentionally generate links or references to objectionable content.  In particular, you acknowledge and agree that use of third party services may cause personally identifying information to be publicly disclosed and/or associated with you. The end user license agreement, terms of use, privacy policy and any other terms designated by the third party service will govern your use of that third party service. If you have any questions, concerns or complaints about a third party service, please contact the support or contact personnel of that third party service.  We may allow you to log in to the Game using third party services. By logging in using a third party service or otherwise using third party services, you permit that third party service to access information related to your account with that third party service (including profile information, friends and privacy settings), and the third party service may be able to access information concerning your actions in the Game. Use of the third party services may require internet access and that you accept additional terms of service.  You agree to use the third party services at your sole risk and that D3PA shall not have any liability to you for content that may be found to be offensive or objectionable.

Certain third party services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the third party services, You acknowledge and agree that D3PA is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. D3PA does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person with respect to any third party services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to You. Financial information displayed by any third party services is for general informational purposes only and is not intended to be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the third party services, You should consult with a financial professional. Location data provided by any third party services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither D3PA, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information or location data displayed by any third party services.

You agree that any third party services may contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the third party services. No portion of the third party services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the third party services, in any manner, and You shall not exploit the third party services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the third party services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that D3PA is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using any of the third party services.

In addition, third party services and Third Party Materials that may be accessed from, displayed on or linked to from your device are not available in all languages or in all countries. D3PA makes no representation that such third party services and/or any Third Party Materials are appropriate or available for use in any particular location. To the extent You choose to access such third party services or Third Party Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. D3PA, and its licensors, reserve the right to change, suspend, remove, or disable access to any third party services at any time without notice. In no event will the D3PA be liable for the removal of or disabling of access to any such third party services. D3PA may also impose limits on the use of or access to certain third party services, in any case and without notice or liability.

Prohibited Conduct.  You agree not to engage in any of the following conduct through or in connection with the Game: (a) interfere with or disrupt the Game or servers or networks, or disobey any requirements, procedures, policies or regulations of networks connected with the Game; (b) interfere with, disrupt or circumvent any security feature of the Game or any feature that restricts or enforces limitations on use of or access to the Game; (c) use the Game to violate the law; (d) use the Game to harm minors in any way; (e) use the Game to reveal any personal information about another individual, including any information that may be used to track, contact or impersonate that individual; (f) defraud or mislead D3PA or other users; (g) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; (h) create a D3PA account by automated means or false pretenses or use any other user’s account for any purpose, including to circumvent a suspension or ban; (i) cheat or use, develop or distribute automation software programs (“bots”),  “macro” software programs or other “cheat utility” software programs or applications that are designed to modify the Game experience to the detriment of fair play; or (j)  submit false refund requests to D3PA or any Mobile Platform Operator. D3PA reserves the right to determine what conduct violates these restrictions or is otherwise outside the intentions of this EULA or the Game and to take action as a result, which  may include termination of your account and exclusion from further participation in the Game.

Changes, Suspension or Termination of the Game.  We reserve the right to add, change, suspend or discontinue the Game, or any aspect or feature of the Game, without notice or liability. You agree that we may alter the Game, which includes changing the various terms and changing or eliminating parts of the Game, without contacting you in advance.  You agree that we may temporarily suspend the Game without prior notice. During any such period you may be unable to access any information you have stored on the Game. This may occur, for example, when we are conducting regular or emergency maintenance on the Game. The license is effective until terminated by you or D3PA. Your rights under this EULA will terminate automatically without notice from D3PA if you cease all use of the Game and delete all copies of the Game. You may, as a result of termination, lose your D3PA account and all information and data associated with it, including virtual currency and virtual goods.  You will not be entitled to any refund, reimbursement or other liability as a result of any termination permitted under this EULA for any reason, whether by you or D3PA. D3PA reserves the right to refuse to keep accounts for or provide access to the Game to anyone.

NO WARRANTY.  YOU ACKNOWLEDGE AND AGREE THAT USE OF THE GAME IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE GAME AND ANY SERVICES PERFORMED OR PROVIDED BY THE GAME ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND D3PA HEREBY DISCLAIMS ALL WARRANTIES AND CONDIONS WITH RESPECT TO THE GAME AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMTED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD PARTY RIGHTS. NO D3PA PARTY WARRANTS THAT THE GAME, OUR SERVERS OR EMAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. D3PA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE GAME, OR PERFORMED OR PROVIDED BY THE GAME, WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE GAME WILL BE CORRECTED. SHOULD THE GAME PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIOIN OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY.  TO THE EXTENT NOT PROHBITED BY LAW, IN NO EVENT SHALL D3PA BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE GAME, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF D3PA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATOIN OF LIABILITY FOR PERSONAL INJURY OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall our total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars (US$50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. In the event of any failure of the Game to conform to any applicable Mobile Platform Operator warranty on the Mobile Platform Operator’s applicable device or platform, you may notify and request a refund for the purchase price for the Game from the applicable Mobile Platform Operator.

Indemnification.  You are responsible for damages incurred by D3PA and our affiliates as a result of your use of the Game and agree to defend, indemnify and hold harmless D3PA and our affiliates and other users from and against any and all claims, damages, costs and expenses, including attorney’s fees, arising from or related to the use of the Game and any breach of this EULA or any other policies posted on or in connection with the Game from time to time.

Third Party Beneficiary.  You acknowledge and agree that the Mobile Platform Operators are third party beneficiaries of this EULA, and that, upon your acceptance of the terms and conditions of this EULA, such parties will have the right to enforce this EULA against you as a third party beneficiary thereof.

No Support.  You agree that D3PA has no obligation to provide technical, maintenance or other support relating to the Game. You further agree that the applicable Mobile Platform Operator has no obligation whatsoever to furnish any technical, maintenance or other support services with respect to the Game. We may provide limited support to users who contact us through [email protected]; provided, however, that we may discontinue such support at any time.

Export.  You may not use or otherwise export or re-export the Game except as authorized by United States law and the laws of the jurisdiction in which the Game was obtained. In particular, but without limitation, the Game may not be exported or re-exported (a) into any US-embargoed countries, or (b) to anyone on the US Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Game, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Game for any purposes prohibited by US law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.

US Government Users.  The Game and related documentation are “Commercial Items”, as the term is defined at 48 C.F.R. § 12.212 or 48 C.F.R §277.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to US Government end users (a) only as Commercial Items, and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.

Communications.  You agree that D3PA may send e-mail to you for the purposes of informing you of upcoming events or offers, notifying you of changes to the Game, or for other purposes we deem appropriate.

Any questions relating to the Game should be directed to

D3Publisher of America, Inc.

15910 Ventura Blvd., Suite 800

Encino, CA  91436, (USA)

Email: [email protected]

Disputes.  As used in this EULA, “Dispute(s)” means any dispute, claim, demand, action, proceeding, or other controversy between you and D3PA concerning the Game and your or D3PA’s obligations and performance under this EULA or with respect to the Game, whether based in contract, warranty, tort (including, without limitation, fraud, misrepresentation, fraudulent inducement, concealment, omission, negligence, conversion, trespass, strict liability, and product liability), statue (including, without limitation, consumer protection and unfair competition statues), regulation, ordinance, or any other legal or equitable basis or theory. “Dispute” will be given the broadest possible meaning allowable under law. You acknowledge that the Mobile Platform Operator is not responsible for addressing any disputes.

Arbitration.  Any Dispute arising under or relating to this EULA shall be finally settled by binding arbitration between you and D3PA. You and D3PA agree to attempt in good faith to resolve any Dispute before commencing arbitration. Unless you and D3PA otherwise agree in writing, the time for informal negotiation will be 60 days from the date on which you or D3PA provides written notice of the Dispute. You and D3PA agree that neither will commence arbitration before the end of the time for informal negotiation. If informal negation is not effective, arbitration shall be conducted before a single arbitrator under the Rules of the American Arbitration Association and shall be conducted in Los Angeles, California USA. YOU UNDERSTAND AND ACKNOWLEDGE THAT BY AGREEING TO BINDING ARBITRATION, YOU ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ALL DISPUTES IN COURT BEFORE A JUDGE OR JURY. INSTEAD, YOU UNDERSTAND AND AGREE THAT ALL DISPUTES WILL BE RESOLVED BEFORE A NEUTRAL ARBITRATOR, WHOSE AWARD (DECISION) WILL BE BINDING AND FINAL, EXCEPT FOR A LIMITED RIGHT OF APPEAL UNDER THE FEDERAL ARBITRATION ACT. ANY COURT WITH JURISDICTION OVER THE PARTIES MAY ENFORCE THE ARBITRATOR’S AWARD. 

Governing Law.  The laws of the State of California, excluding its conflicts of law rules, govern this EULA and your use of the Game. Your use of the Game may also be subject to other local, state, national, or international laws. In the event that the agreement above to arbitrate is not effective for any reason, you hereby agree to personal jurisdiction by and venue in the federal and state courts of Los Angeles, California, USA for all Disputes in connection with this EULA or any Dispute of any sort that might arise between you and us or our affiliates. 

Severability.  If any of the terms or conditions of this EULA shall be deemed invalid, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining port of this EULA. 

Delay in Enforcement. No delay or failure to take action under this EULA shall constitute any waiver by us of any provision of this EULA.

Complete Agreement.  This EULA and any other policies posted on, in or in connection with the Game from time to time constitute the complete agreement between you and D3PA with respect to the subject matter hereof and thereof and supersede all prior agreements or representations between you and D3PA.


© 2005-2020 D3Publisher of America, Inc. D3Publisher and its logo are trademarks or registered trademarks of D3Publisher of America, Inc. All other trademarks are property of their respective owners. All rights reserved.

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Magic: The Gathering – Puzzle Quest:

END USER LICENSE AGREEMENT

Last updated January 22, 2019

Magic: The Gathering – Puzzle Quest

PLEASE READ THIS END USER LICENSE AGREEMENT (THIS “EULA”), WHICH IS A LEGALLY BINDING AGREEMENT BETWEEN YOU, THE END USER (“YOU”), AND D3PUBLISHER OF AMERICA, INC. (D.B.A. D3 Go!) AND ITS AFFILIATES (COLLECTIVELY, “D3PA”, “WE” OR “US”), CAREFULLY BEFORE USING THE MAGIC: THE GATHERING – PUZZLE QUEST MOBILE GAME PROVIDED BY D3PA (THE “GAME”). BY DOWNLOADING OR USING THE GAME, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, PLEASE DO NOT CLICK “ACCEPT” OR OTHERWISE DOWNLOAD OR USE THE GAME.

Terms of Use.  The Game is licensed, not sold, to you by D3PA. By using the Game, you agree to be bound by this EULA. We reserve all rights in and to the Game not expressly granted to you under this EULA. We may modify this EULA, at our sole discretion, without your consent, effective immediately upon posting of the revised EULA, and you agree to and accept this condition. The terms of this EULA will govern any upgrades provided by D3PA that replace and/or supplement the original Game, unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern. You acknowledge that this EULA is concluded solely between you and D3PA, and not with the provider of your device and/or mobile platform operator (e.g., Apple, Samsung, Google, Amazon) (collectively, the “Mobile Platform Operator”), and that D3PA is solely responsible for the Game and the content thereof, except as otherwise provided in this EULA. If this EULA is less restrictive than, or in conflict with, the terms or conditions of service imposed by any applicable Mobile Platform Operator, the terms and conditions of the Mobile Platform Operator will govern. Material changes to this EULA will be announced by posting them in the Mobile Platform Operator’s commerce center or store (e.g., Apple App Store, Android Market) where the Game may be available. You are responsible for checking this EULA each time before using the Game. Continued use of the Game following the posting of changes will mean that you accept and agree to the updated EULA.

Scope of License.  This EULA is a non-exclusive, limited, nontransferable, non-sublicensable, terminable license to use the Game on mobile devices that you own or control and as permitted by the usage rules of the Mobile Platform Operator, or other terms and conditions applying to your mobile device. This EULA does not allow you to use the Game on any device that you do not own or control, and except as provided in the terms and conditions relating to your device, you may not distribute or make the Game available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, transfer, redistribute, or sublicense the Game and, if you sell your device to a third party, you must remove the Game before doing so. You may not copy (except as expressly permitted by this EULA and the terms and conditions for your mobile device), decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Game or any part thereof (except as and only to the extent that any forgoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-source components included with the Game). Any attempt to do so is violation of the rights of D3PA and D3PA’s licensors. If you breach this restriction, you may be subject to prosecution and damages.

Intellectual Property.  All content included in the Game, including text, design, graphics, logos, user interfaces, button icons, images, photographs, audio clips, video clips, digital downloads, data compilations and software (but not including any content posted by users) is owned by D3PA or D3PA’s licensors and protected by applicable copyright and other intellectual property laws. The Game may include registered and unregistered trademarks owned by or licensed to D3PA, which may not be copied, imitated or used, without the prior written permission of D3PA.

Charges.  If there is a charge associated with the Game, you agree to pay that charge. If the Game is free, there may still be charges for additional content within the Game, including virtual currency and virtual goods (both defined below), and you agree to pay those charges. You may be able to prevent purchase of such additional content by adjusting your mobile device’s settings. Certain devices may keep you logged on for a period of time after you download the Game (or after you make a purchase through the Game). This may allow a user (for example, a child) to incur charges without entering your password. This is a function of the software of these devices and not within our control. Prices for the Game exclude all applicable taxes and currency exchange settlements, unless stated otherwise. You may still incur charges incidental to using the Game even if the Game itself is free (for example, charges for internet access, text messaging, and other data transmission). You are solely responsible for the payment of such taxes or other charges related to your use of the Game. Any amounts paid for the Game or virtual items or virtual currency are non-refundable, except as expressly set forth in this EULA. You understand that all purchases and charges made by you are final. You are not entitled to any refund or return for products sold for any reason. Any election to honor a refund or return shall be made at our sole discretion.

Consent to Use of Data.  We may ask you to submit certain personal information in order to register a D3PA account. You agree to provide and maintain true, accurate, complete and current information. If you provide any information that is untrue, inaccurate, incomplete or not current, D3PA has the right to suspend or terminate your account and refuse any and all current or future use of the Game by you.  D3PA is committed to protecting your privacy. By using the Game, you agree to be bound by D3PA’s privacy policy. You agree that all data you share with D3PA, or any data collected by D3PA during your use of our product, is the exclusive property of D3PA.You agree that we may collect and use technical data, gameplay data, and related information, including but not limited to, technical information about your device, system and application software, and peripherals, which is gathered periodically to facilitate the provision of software updates and product support related to the Game. We may also use this information, as long as it is in a format that does not personally identify you, to improve our products or to provide new games or other applications to you. However, you reserve the right to opt out of any data collection, discontinue your use of our services, or modify or delete any stored data accessible to you at your convenience.  Data shared to D3 for Magic the Gathering Puzzle Quest includes the following:

  • Facebook connection is not required, but connecting the app with Facebook on a device allows the user’s save data to be backed up in case something goes wrong with a device due to theft, damage, or anything else. For this, we collect and store the Facebook ID connected through the Facebook app. There is also a user controlled message gifting system that is completely user controlled and sent through private messages only.

 

  • Google Play Service is a tool that allows us to store your save data; this is done by collecting and storing the Google User ID. The save data using google play service is another means to back up the users content in case something goes wrong so customer support can fix the users game state.

 

  • Helpshift stores user name and device ID, for customer support reasons so if you write in to fix an issue we have the data to fix the issues reported. The users name is a name that the player creates to associate them in the game.  The device ID is something that is created when the game is installed on a device so the game developers and customer support can fix issues or reward the player when something goes wrong.

 

  • Crashlytics is a program that gathers device information including hardware, id’s, Operating system, and physical location when a crash occurs to help tracking how the crash happened for the development team and testers to try and recreate the crash to attempt a fix for the issue.

 

  • Mixpanel is a program we use to review user habits and game analytics using user_ID, username, advertising identifiers, and IP address. If, for example something isn’t working or players do not like an event, we record actions in the game to find what players are interested in, avoiding, most interested in purchasing, etc. so that we can make educated decisions on what to work on next to improve, add to, or remove in the game.

 

  • Zendesk stores user name, device ID, and player game ID for customer support reasons so if you write in to fix an issue we have the data to fix the issues reported.

 

  • Pubnub is a system we use in the game that collects your in game user name and your unique game ID so that we can review conversations only when needed. This is done so we can review if someone is abusing another player verbally in the game so we can take proper action against a user with proof.

 

  • Appsflyer – Advertising ID, such as IDFA (Identifier For Advertisers) and Google Advertiser ID, and IP Address are shared with Appsflyer in order to attribute installs of the game to advertisements. Appsflyer also collects various other information, such as OS version, device model, and in-app events (e.g. occurrences of purchases), to help us further optimize our advertising campaigns.

 

  • GameChangerSF – Device identifiers of some users are shared with GameChangerSF in order to create optimized ad campaigns and, in some cases, to send advertisements about in-game events, characters, or activity.

 

  • DeltaDNA is a program we use to review user habits and game analytics using user_ID, username, advertising identifiers, and IP address. If, for example something isn’t working or players do not like an event, we record actions in the game to find what players are interested in, avoiding, most interested in purchasing, etc. so that we can make educated decisions on what to work on next to improve, add to, or remove in the game.

 

Registration; Password.  When you register for a D3PA account, you will choose a user ID and password. It is your responsibility to keep your user ID and password confidential. If you think a third party may have obtained your password, you should immediately change your password. We will have no responsibility for damage caused to you  by a third party using your user ID and password regardless of whether it was provided intentionally by you or through your negligence, and regardless of whether we knew or should have known of such use. If there are changes to information that you registered with us when applying to use the Game, you should update your profile to reflect the changes.

Minor Users.  D3PA relies upon parents and guardians to determine if the Game is appropriate for the viewing, access or purchase by persons under the age of 18.  We do not intend the Game to be viewed or used by children under the age of 13. By using the Game, you represent and warrant that you are age 13 or older.  You agree to monitor use of your account by persons between the ages of 13 and 18, including responsibility for any use of your credit card or other payment instrument.

Virtual Currency and Virtual Goods.  The Game may include “virtual currency,” consisting of coins, points or similar items that may be earned or obtained through the Game or otherwise purchased by you using actual (‘real world’) currency, subject to applicable law. The Game may also include “virtual goods,” consisting of digital items such as commodities, abilities or other goods that may be earned or obtained through the Game or otherwise purchased by you using actual or virtual currency, subject to applicable law.  We can manage, regulate, control, modify or eliminate virtual currency and/or virtual goods, including the price thereof, at our discretion, and will have no liability to you or any third party for any of such actions. You have no right, title, or interest in or to any virtual goods or virtual currency except the following: a limited, personal, non-transferable, non-sublicensable, revocable license to use, solely within the Game, virtual goods and virtual currency that you have earned, purchased or otherwise obtained in a manner authorized by us. You agree that the transfer of virtual currency and virtual goods is prohibited except where expressly authorized in the Game. Also, outside of the Game, you may not sell, redeem or otherwise transfer virtual currency or virtual goods to D3PA, any other user of the Game or any other party. You agree that all sales of virtual currency and virtual goods are final and non-refundable, unless we or the applicable Mobile Platform Operator decides in its sole and absolute discretion to provide a refund. You agree that in the event that this EULA, your account or the Game is terminated for any reason, which may include, without limitation, our discontinuation for any reason of the applicable portion of the Game, you will forfeit all virtual currency and virtual goods, and we will have no liability to you for such forfeiture.

User Content.  The Game may invite or enable you and other users to create, submit, post display, transmit, perform, publish or distribute communications, content and materials by e-mail or through online forums, message boards, social media platforms, messaging services, blogs or other functionality of the Game or portions thereof. D3PA has no obligation to accept, display, review, maintain or otherwise exploit any user content. By posting user content to the Game, you represent and warrant that you have all rights, including under copyright, to do so, and that such content is not illegal, defamatory or pornographic.  You agree that user content is not confidential. You further agree that user content will not be returned to you. You hereby grant to D3PA a worldwide irrevocable, perpetual, non-exclusive, transferable, royalty-free license (with the right to sublicense), to use, copy, adapt, modify, distribute, license, sell, transfer, publicly perform, transmit, stream, broadcast and otherwise exploit for any purpose user content via the Game or by any other means. You further hereby irrevocably grant to D3PA the unconditional right to use and exploit your name, persona and likeness included in any user content and in connection with any user content, without any obligation to you. Except as prohibited by law, you waive any rights to attribution and/or any moral rights you may have in user content, regardless whether user content is altered or changed in a manner not agreeable to you.  If a user requests to remove or correct their data, they must write an email to [email protected] which will then be queued with any other requests and taken care of as soon as possible.  We may not be able to fully remove data, for instance the leaderboards of the game because it could cause issues that would make the game unstable.  We are not liable for any damage resulting from any infringement of copyright, trademark or other intellectual property or proprietary rights in any user content.

Third Party Services.  The Game may contain links, login interfaces and other connections to third party websites and applications (e.g., Facebook). Such third party services are provided solely as a convenience to you, and we are not responsible for, and do not sponsor or endorse the content of third party services. Use of third party services may require you to accept additional terms. We are not responsible for examining or evaluating, and do not warrant the offerings of, any third party services, and you agree to use them at your sole risk.  You may encounter content that may be deemed offensive or objectionable which content may or may not be identified as including explicit language, and that the results of any search or entering a URL may automatically and unintentionally generate links or references to objectionable content.  In particular, you acknowledge and agree that use of third party services may cause personally identifying information to be publicly disclosed and/or associated with you. The end user license agreement, terms of use, privacy policy and any other terms designated by the third party service will govern your use of that third party service. If you have any questions, concerns or complaints about a third party service, please contact the support or contact personnel of that third party service.  We may allow you to log in to the Game using third party services. By logging in using a third party service or otherwise using third party services, you permit that third party service to access information related to your account with that third party service (including profile information, friends and privacy settings), and the third party service may be able to access information concerning your actions in the Game. Use of the third party services may require internet access and that you accept additional terms of service.  You agree to use the third party services at your sole risk and that D3PA shall not have any liability to you for content that may be found to be offensive or objectionable.

Certain third party services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the third party services, You acknowledge and agree that D3PA is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. D3PA does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person with respect to any third party services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to You. Financial information displayed by any third party services is for general informational purposes only and is not intended to be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the third party services, You should consult with a financial professional. Location data provided by any third party services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither D3PA, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information or location data displayed by any third party services.

You agree that any third party services may contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the third party services. No portion of the third party services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the third party services, in any manner, and You shall not exploit the third party services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the third party services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that D3PA is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using any of the third party services.

In addition, third party services and Third Party Materials that may be accessed from, displayed on or linked to from your device are not available in all languages or in all countries. D3PA makes no representation that such third party services and/or any Third Party Materials are appropriate or available for use in any particular location. To the extent You choose to access such third party services or Third Party Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. D3PA, and its licensors, reserve the right to change, suspend, remove, or disable access to any third party services at any time without notice. In no event will the D3PA be liable for the removal of or disabling of access to any such third party services. D3PA may also impose limits on the use of or access to certain third party services, in any case and without notice or liability.

Prohibited Conduct.  You agree not to engage in any of the following conduct through or in connection with the Game: (a) interfere with or disrupt the Game or servers or networks, or disobey any requirements, procedures, policies or regulations of networks connected with the Game; (b) interfere with, disrupt or circumvent any security feature of the Game or any feature that restricts or enforces limitations on use of or access to the Game; (c) use the Game to violate the law; (d) use the Game to harm minors in any way; (e) use the Game to reveal any personal information about another individual, including any information that may be used to track, contact or impersonate that individual; (f) defraud or mislead D3PA or other users; (g) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; (h) create a D3PA account by automated means, false pretenses, on someone else’s behalf or use any other user’s account and/or permit others to use your account for any purpose, including to circumvent a suspension or ban; (i) cheat or use, develop or distribute automation software programs (“bots”),  “macro” software programs or other “cheat utility” software programs or applications that are designed to modify the Game experience to the detriment of fair play; or (j)  submit false refund requests to D3PA or any Mobile Platform Operator. D3PA reserves the right to determine what conduct violates these restrictions or is otherwise outside the intentions of this EULA or the Game and to take action as a result, which  may include termination of your account(s) and exclusion from further participation in the Game.

Changes, Suspension or Termination of the Game.  We reserve the right to add, change, suspend or discontinue the Game, or any aspect or feature of the Game, without notice or liability. You agree that we may alter the Game, which includes changing the various terms and changing or eliminating parts of the Game, without contacting you in advance.  You agree that we may temporarily suspend the Game without prior notice. During any such period you may be unable to access any information you have stored on the Game. This may occur, for example, when we are conducting regular or emergency maintenance on the Game. The license is effective until terminated by you or D3PA. Your rights under this EULA will terminate automatically without notice from D3PA if you cease all use of the Game and delete all copies of the Game. You may, as a result of termination, lose your D3PA account and all information and data associated with it, including virtual currency and virtual goods.  You will not be entitled to any refund, reimbursement or other liability as a result of any termination permitted under this EULA for any reason, whether by you or D3PA. D3PA reserves the right to refuse to keep accounts for or provide access to the Game to anyone.

NO WARRANTY.  YOU ACKNOWLEDGE AND AGREE THAT USE OF THE GAME IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE GAME AND ANY SERVICES PERFORMED OR PROVIDED BY THE GAME ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND D3PA HEREBY DISCLAIMS ALL WARRANTIES AND CONDIONS WITH RESPECT TO THE GAME AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMTED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD PARTY RIGHTS. NO D3PA PARTY WARRANTS THAT THE GAME, OUR SERVERS OR EMAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. D3PA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE GAME, OR PERFORMED OR PROVIDED BY THE GAME, WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE GAME WILL BE CORRECTED. SHOULD THE GAME PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIOIN OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY.  TO THE EXTENT NOT PROHBITED BY LAW, IN NO EVENT SHALL D3PA BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE GAME, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF D3PA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATOIN OF LIABILITY FOR PERSONAL INJURY OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall our total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars (US$50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. In the event of any failure of the Game to conform to any applicable Mobile Platform Operator warranty on the Mobile Platform Operator’s applicable device or platform, you may notify and request a refund for the purchase price for the Game from the applicable Mobile Platform Operator.

Indemnification.  You are responsible for damages incurred by D3PA and our affiliates as a result of your use of the Game and agree to defend, indemnify and hold harmless D3PA and our affiliates and other users from and against any and all claims, damages, costs and expenses, including attorney’s fees, arising from or related to the use of the Game and any breach of this EULA or any other policies posted on or in connection with the Game from time to time.

Third Party Beneficiary.  You acknowledge and agree that the Mobile Platform Operators are third party beneficiaries of this EULA, and that, upon your acceptance of the terms and conditions of this EULA, such parties will have the right to enforce this EULA against you as a third party beneficiary thereof.

No Support.  You agree that D3PA has no obligation to provide technical, maintenance or other support relating to the Game. You further agree that the applicable Mobile Platform Operator has no obligation whatsoever to furnish any technical, maintenance or other support services with respect to the Game. We may provide limited support to users who contact us through [email protected]; provided, however, that we may discontinue such support at any time.

Export.  You may not use or otherwise export or re-export the Game except as authorized by United States law and the laws of the jurisdiction in which the Game was obtained. In particular, but without limitation, the Game may not be exported or re-exported (a) into any US-embargoed countries, or (b) to anyone on the US Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Game, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Game for any purposes prohibited by US law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.

US Government Users.  The Game and related documentation are “Commercial Items”, as the term is defined at 48 C.F.R. § 12.212 or 48 C.F.R §277.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to US Government end users (a) only as Commercial Items, and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.

Communications.  You agree that D3PA may send e-mail to you for the purposes of informing you of upcoming events or offers, notifying you of changes to the Game, or for other purposes we deem appropriate.

Any questions relating to the Game should be directed to

D3Publisher of America, Inc.

15910 Ventura Blvd., Suite 800

Encino, CA 91436 USA

Email: [email protected] 

Disputes.  As used in this EULA, “Dispute(s)” means any dispute, claim, demand, action, proceeding, or other controversy between you and D3PA concerning the Game and your or D3PA’s obligations and performance under this EULA or with respect to the Game, whether based in contract, warranty, tort (including, without limitation, fraud, misrepresentation, fraudulent inducement, concealment, omission, negligence, conversion, trespass, strict liability, and product liability), statue (including, without limitation, consumer protection and unfair competition statues), regulation, ordinance, or any other legal or equitable basis or theory. “Dispute” will be given the broadest possible meaning allowable under law. You acknowledge that the Mobile Platform Operator is not responsible for addressing any disputes.

Arbitration.  Any Dispute arising under or relating to this EULA shall be finally settled by binding arbitration between you and D3PA. You and D3PA agree to attempt in good faith to resolve any Dispute before commencing arbitration. Unless you and D3PA otherwise agree in writing, the time for informal negotiation will be 60 days from the date on which you or D3PA provides written notice of the Dispute. You and D3PA agree that neither will commence arbitration before the end of the time for informal negotiation. If informal negation is not effective, arbitration shall be conducted before a single arbitrator under the Rules of the American Arbitration Association and shall be conducted in Los Angeles, California USA. YOU UNDERSTAND AND ACKNOWLEDGE THAT BY AGREEING TO BINDING ARBITRATION, YOU ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ALL DISPUTES IN COURT BEFORE A JUDGE OR JURY. INSTEAD, YOU UNDERSTAND AND AGREE THAT ALL DISPUTES WILL BE RESOLVED BEFORE A NEUTRAL ARBITRATOR, WHOSE AWARD (DECISION) WILL BE BINDING AND FINAL, EXCEPT FOR A LIMITED RIGHT OF APPEAL UNDER THE FEDERAL ARBITRATION ACT. ANY COURT WITH JURISDICTION OVER THE PARTIES MAY ENFORCE THE ARBITRATOR’S AWARD.

Governing Law.  The laws of the State of California, excluding its conflicts of law rules, govern this EULA and your use of the Game. Your use of the Game may also be subject to other local, state, national, or international laws. In the event that the agreement above to arbitrate is not effective for any reason, you hereby agree to personal jurisdiction by and venue in the federal and state courts of Los Angeles, California, USA for all Disputes in connection with this EULA or any Dispute of any sort that might arise between you and us or our affiliates.

Severability.  If any of the terms or conditions of this EULA shall be deemed invalid, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining port of this EULA.

Delay in Enforcement. No delay or failure to take action under this EULA shall constitute any waiver by us of any provision of this EULA.

Complete Agreement.  This EULA and any other policies posted on, in or in connection with the Game from time to time constitute the complete agreement between you and D3PA with respect to the subject matter hereof and thereof and supersede all prior agreements or representations between you and D3PA.

 


Adventure Gnome – Crazy Puzzle Miner:

END USER LICENSE AGREEMENT

Last updated March 21, 2018

D3PUBLISHER OF AMERICA, INC. (dba D3 Go!)

Adventure Gnome – Crazy Puzzle Miner

PLEASE READ THIS END USER LICENSE AGREEMENT (THIS “EULA”), WHICH IS A LEGALLY BINDING AGREEMENT BETWEEN YOU, THE END USER (“YOU”), AND D3PUBLISHER OF AMERICA, INC. AND ITS AFFILIATES (COLLECTIVELY, “D3PA”, “WE” OR “US”), CAREFULLY BEFORE USING THE ADVENTURE GNOME MOBILE GAME PROVIDED BY D3PA (THE “GAME”). BY DOWNLOADING OR USING THE GAME, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, PLEASE DO NOT CLICK “ACCEPT” OR OTHERWISE DOWNLOAD OR USE THE GAME.

Terms of Use.  The Game is licensed, not sold, to you by D3PA. By using the Game, you agree to be bound by this EULA. We reserve all rights in and to the Game not expressly granted to you under this EULA. We may modify this EULA, at our sole discretion, without your consent, effective immediately upon posting of the revised EULA, and you agree to and accept this condition. The terms of this EULA will govern any upgrades provided by D3PA that replace and/or supplement the original Game, unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern. You acknowledge that this EULA is concluded solely between you and D3PA, and not with the provider of your device and/or mobile platform operator (e.g., Apple, Samsung, Google, Amazon) (collectively, the “Mobile Platform Operator”), and that D3PA is solely responsible for the Game and the content thereof, except as otherwise provided in this EULA. If this EULA is less restrictive than, or in conflict with, the terms or conditions of service imposed by any applicable Mobile Platform Operator, the terms and conditions of the Mobile Platform Operator will govern. Material changes to this EULA will be announced by posting them in the Mobile Platform Operator’s commerce center or store (e.g., Apple App Store, Android Market) where the Game may be available. You are responsible for checking this EULA each time before using the Game. Continued use of the Game following the posting of changes will mean that you accept and agree to the updated EULA.

Scope of License.  This EULA is a non-exclusive, limited, nontransferable, non-sublicensable, terminable license to use the Game on mobile devices that you own or control and as permitted by the usage rules of the Mobile Platform Operator, or other terms and conditions applying to your mobile device. This EULA does not allow you to use the Game on any device that you do not own or control, and except as provided in the terms and conditions relating to your device, you may not distribute or make the Game available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, transfer, redistribute, or sublicense the Game and, if you sell your device to a third party, you must remove the Game before doing so. You may not copy (except as expressly permitted by this EULA and the terms and conditions for your mobile device), decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Game or any part thereof (except as and only to the extent that any forgoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-source components included with the Game). Any attempt to do so is violation of the rights of D3PA and D3PA’s licensors. If you breach this restriction, you may be subject to prosecution and damages.

Intellectual Property.  All content included in the Game, including text, design, graphics, logos, user interfaces, button icons, images, photographs, audio clips, video clips, digital downloads, data compilations and software (but not including any content posted by users) is owned by D3PA or D3PA’s licensors and protected by applicable copyright and other intellectual property laws. The Game may include registered and unregistered trademarks owned by or licensed to D3PA, which may not be copied, imitated or used, without the prior written permission of D3PA.

Charges.  If there is a charge associated with the Game, you agree to pay that charge. If the Game is free, there may still be charges for additional content within the Game, including virtual currency and virtual goods (both defined below), and you agree to pay those charges. You may be able to prevent purchase of such additional content by adjusting your mobile device’s settings. Certain devices may keep you logged on for a period of time after you download the Game (or after you make a purchase through the Game). This may allow a user (for example, a child) to incur charges without entering your password. This is a function of the software of these devices and not within our control. Prices for the Game exclude all applicable taxes and currency exchange settlements, unless stated otherwise. You may still incur charges incidental to using the Game even if the Game itself is free (for example, charges for internet access, text messaging, and other data transmission). You are solely responsible for the payment of such taxes or other charges related to your use of the Game. Any amounts paid for the Game or virtual items or virtual currency are non-refundable, except as expressly set forth in this EULA. You understand that all purchases and charges made by you are final. You are not entitled to any refund or return for products sold for any reason. Any election to honor a refund or return shall be made at our sole discretion.

Consent to Use of Data.  We may ask you to submit certain personal information in order to register a D3PA account. You agree to provide and maintain true, accurate, complete and current information. If you provide any information that is untrue, inaccurate, incomplete or not current, D3PA has the right to suspend or terminate your account and refuse any and all current or future use of the Game by you.  D3PA is committed to protecting your privacy. By using the Game, you agree to be bound by D3PA’s privacy policy. You agree that all data you share with D3PA, or any data collected by D3PA during your use of our product, is the exclusive property of D3PA.You agree that we may collect and use technical data, gameplay data, and related information, including but not limited to, technical information about your device, system and application software, and peripherals, which is gathered periodically to facilitate the provision of software updates and product support related to the Game. We may also use this information, as long as it is in a format that does not personally identify you, to improve our products or to provide new games or other applications to you. However, you reserve the right to opt out of any data collection, discontinue your use of our services, or modify or delete any stored data accessible to you at your convenience.

Registration; Password.  When you register for a D3PA account, you will choose a user ID and password. It is your responsibility to keep your user ID and password confidential. If you think a third party may have obtained your password, you should immediately change your password. We will have no responsibility for damage caused to you  by a third party using your user ID and password regardless of whether it was provided intentionally by you or through your negligence, and regardless of whether we knew or should have known of such use. If there are changes to information that you registered with us when applying to use the Game, you should update your profile to reflect the changes.

Minor Users.  D3PA relies upon parents and guardians to determine if the Game is appropriate for the viewing, access or purchase by persons under the age of 18.  We do not intend the Game to be viewed or used by children under the age of 13. By using the Game, you represent and warrant that you are age 13 or older.  You agree to monitor use of your account by persons between the ages of 13 and 18, including responsibility for any use of your credit card or other payment instrument.

Virtual Currency and Virtual Goods.  The Game may include “virtual currency,” consisting of coins, points or similar items that may be earned or obtained through the Game or otherwise purchased by you using actual (‘real world’) currency, subject to applicable law. The Game may also include “virtual goods,” consisting of digital items such as commodities, abilities or other goods that may be earned or obtained through the Game or otherwise purchased by you using actual or virtual currency, subject to applicable law.  We can manage, regulate, control, modify or eliminate virtual currency and/or virtual goods, including the price thereof, at our discretion, and will have no liability to you or any third party for any of such actions. You have no right, title, or interest in or to any virtual goods or virtual currency except the following: a limited, personal, non-transferable, non-sublicensable, revocable license to use, solely within the Game, virtual goods and virtual currency that you have earned, purchased or otherwise obtained in a manner authorized by us. You agree that the transfer of virtual currency and virtual goods is prohibited except where expressly authorized in the Game. Also, outside of the Game, you may not sell, redeem or otherwise transfer virtual currency or virtual goods to D3PA, any other user of the Game or any other party. You agree that all sales of virtual currency and virtual goods are final and non-refundable, unless we or the applicable Mobile Platform Operator decides in its sole and absolute discretion to provide a refund. You agree that in the event that this EULA, your account or the Game is terminated for any reason, which may include, without limitation, our discontinuation for any reason of the applicable portion of the Game, you will forfeit all virtual currency and virtual goods, and we will have no liability to you for such forfeiture.

User Content.  The Game may invite or enable you and other users to create, submit, post display, transmit, perform, publish or distribute communications, content and materials by e-mail or through online forums, message boards, social media platforms, messaging services, blogs or other functionality of the Game or portions thereof. D3PA has no obligation to accept, display, review, maintain or otherwise exploit any user content. By posting user content to the Game, you represent and warrant that you have all rights, including under copyright, to do so, and that such content is not illegal, defamatory or pornographic.  You agree that user content is not confidential. You further agree that user content will not be returned to you. You hereby grant to D3PA a worldwide irrevocable, perpetual, non-exclusive, transferable, royalty-free license (with the right to sublicense), to use, copy, adapt, modify, distribute, license, sell, transfer, publicly perform, transmit, stream, broadcast and otherwise exploit for any purpose user content via the Game or by any other means. You further hereby irrevocably grant to D3PA the unconditional right to use and exploit your name, persona and likeness included in any user content and in connection with any user content, without any obligation to you. Except as prohibited by law, you waive any rights to attribution and/or any moral rights you may have in user content, regardless whether user content is altered or changed in a manner not agreeable to you.  We have no obligation to monitor, verify, correct or remove user content, although we reserve the right to do so in our sole discretion from time to time. We are not liable for any damage resulting from any infringement of copyright, trademark or other intellectual property or proprietary rights in any user content.

Third Party Services.  The Game may contain links, login interfaces and other connections to third party websites and applications (e.g., Facebook). Such third party services are provided solely as a convenience to you, and we are not responsible for, and do not sponsor or endorse the content of third party services. Use of third party services may require you to accept additional terms. We are not responsible for examining or evaluating, and do not warrant the offerings of, any third party services, and you agree to use them at your sole risk.  You may encounter content that may be deemed offensive or objectionable which content may or may not be identified as including explicit language, and that the results of any search or entering a URL may automatically and unintentionally generate links or references to objectionable content.  In particular, you acknowledge and agree that use of third party services may cause personally identifying information to be publicly disclosed and/or associated with you. The end user license agreement, terms of use, privacy policy and any other terms designated by the third party service will govern your use of that third party service. If you have any questions, concerns or complaints about a third party service, please contact the support or contact personnel of that third party service.  We may allow you to log in to the Game using third party services. By logging in using a third party service or otherwise using third party services, you permit that third party service to access information related to your account with that third party service (including profile information, friends and privacy settings), and the third party service may be able to access information concerning your actions in the Game. Use of the third party services may require internet access and that you accept additional terms of service.  You agree to use the third party services at your sole risk and that D3PA shall not have any liability to you for content that may be found to be offensive or objectionable.

Certain third party services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the third party services, You acknowledge and agree that D3PA is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. D3PA does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person with respect to any third party services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to You. Financial information displayed by any third party services is for general informational purposes only and is not intended to be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the third party services, You should consult with a financial professional. Location data provided by any third party services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither D3PA, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information or location data displayed by any third party services.

You agree that any third party services may contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the third party services. No portion of the third party services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the third party services, in any manner, and You shall not exploit the third party services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the third party services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that D3PA is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using any of the third party services.

In addition, third party services and Third Party Materials that may be accessed from, displayed on or linked to from your device are not available in all languages or in all countries. D3PA makes no representation that such third party services and/or any Third Party Materials are appropriate or available for use in any particular location. To the extent You choose to access such third party services or Third Party Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. D3PA, and its licensors, reserve the right to change, suspend, remove, or disable access to any third party services at any time without notice. In no event will the D3PA be liable for the removal of or disabling of access to any such third party services. D3PA may also impose limits on the use of or access to certain third party services, in any case and without notice or liability.

Prohibited Conduct.  You agree not to engage in any of the following conduct through or in connection with the Game: (a) interfere with or disrupt the Game or servers or networks, or disobey any requirements, procedures, policies or regulations of networks connected with the Game; (b) interfere with, disrupt or circumvent any security feature of the Game or any feature that restricts or enforces limitations on use of or access to the Game; (c) use the Game to violate the law; (d) use the Game to harm minors in any way; (e) use the Game to reveal any personal information about another individual, including any information that may be used to track, contact or impersonate that individual; (f) defraud or mislead D3PA or other users; (g) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; (h) create a D3PA account by automated means or false pretenses or use any other user’s account for any purpose, including to circumvent a suspension or ban; (i) cheat or use, develop or distribute automation software programs (“bots”),  “macro” software programs or other “cheat utility” software programs or applications that are designed to modify the Game experience to the detriment of fair play; or (j)  submit false refund requests to D3PA or any Mobile Platform Operator. D3PA reserves the right to determine what conduct violates these restrictions or is otherwise outside the intentions of this EULA or the Game and to take action as a result, which may include termination of your account and exclusion from further participation in the Game.

Changes, Suspension or Termination of the Game.  We reserve the right to add, change, suspend or discontinue the Game, or any aspect or feature of the Game, without notice or liability. You agree that we may alter the Game, which includes changing the various terms and changing or eliminating parts of the Game, without contacting you in advance.  You agree that we may temporarily suspend the Game without prior notice. During any such period you may be unable to access any information you have stored on the Game. This may occur, for example, when we are conducting regular or emergency maintenance on the Game. The license is effective until terminated by you or D3PA. Your rights under this EULA will terminate automatically without notice from D3PA if you cease all use of the Game and delete all copies of the Game. You may, as a result of termination, lose your D3PA account and all information and data associated with it, including virtual currency and virtual goods.  You will not be entitled to any refund, reimbursement or other liability as a result of any termination permitted under this EULA for any reason, whether by you or D3PA. D3PA reserves the right to refuse to keep accounts for or provide access to the Game to anyone.

NO WARRANTY.  YOU ACKNOWLEDGE AND AGREE THAT USE OF THE GAME IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE GAME AND ANY SERVICES PERFORMED OR PROVIDED BY THE GAME ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND D3PA HEREBY DISCLAIMS ALL WARRANTIES AND CONDIONS WITH RESPECT TO THE GAME AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMTED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD PARTY RIGHTS. NO D3PA PARTY WARRANTS THAT THE GAME, OUR SERVERS OR EMAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. D3PA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE GAME, OR PERFORMED OR PROVIDED BY THE GAME, WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE GAME WILL BE CORRECTED. SHOULD THE GAME PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIOIN OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY.  TO THE EXTENT NOT PROHBITED BY LAW, IN NO EVENT SHALL D3PA BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE GAME, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF D3PA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATOIN OF LIABILITY FOR PERSONAL INJURY OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall our total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars (US$50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. In the event of any failure of the Game to conform to any applicable Mobile Platform Operator warranty on the Mobile Platform Operator’s applicable device or platform, you may notify and request a refund for the purchase price for the Game from the applicable Mobile Platform Operator.

Indemnification.  You are responsible for damages incurred by D3PA and our affiliates as a result of your use of the Game and agree to defend, indemnify and hold harmless D3PA and our affiliates and other users from and against any and all claims, damages, costs and expenses, including attorney’s fees, arising from or related to the use of the Game and any breach of this EULA or any other policies posted on or in connection with the Game from time to time.

Third Party Beneficiary.  You acknowledge and agree that the Mobile Platform Operators are third party beneficiaries of this EULA, and that, upon your acceptance of the terms and conditions of this EULA, such parties will have the right to enforce this EULA against you as a third party beneficiary thereof.

No Support.  You agree that D3PA has no obligation to provide technical, maintenance or other support relating to the Game. You further agree that the applicable Mobile Platform Operator has no obligation whatsoever to furnish any technical, maintenance or other support services with respect to the Game. We may provide limited support to users who contact us through mobile[email protected]; provided, however, that we may discontinue such support at any time.

Export.  You may not use or otherwise export or re-export the Game except as authorized by United States law and the laws of the jurisdiction in which the Game was obtained. In particular, but without limitation, the Game may not be exported or re-exported (a) into any US-embargoed countries, or (b) to anyone on the US Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Game, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Game for any purposes prohibited by US law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.

US Government Users.  The Game and related documentation are “Commercial Items”, as the term is defined at 48 C.F.R. § 12.212 or 48 C.F.R §277.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to US Government end users (a) only as Commercial Items, and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.

Communications.  You agree that D3PA may send e-mail to you for the purposes of informing you of upcoming events or offers, notifying you of changes to the Game, or for other purposes we deem appropriate.

Any questions relating to the Game should be directed to

D3Publisher of America, Inc.

15910 Ventura Blvd. Suite 800

Encino, CA 91436

Email: mobile[email protected]

Disputes.  As used in this EULA, “Dispute(s)” means any dispute, claim, demand, action, proceeding, or other controversy between you and D3PA concerning the Game and your or D3PA’s obligations and performance under this EULA or with respect to the Game, whether based in contract, warranty, tort (including, without limitation, fraud, misrepresentation, fraudulent inducement, concealment, omission, negligence, conversion, trespass, strict liability, and product liability), statue (including, without limitation, consumer protection and unfair competition statues), regulation, ordinance, or any other legal or equitable basis or theory. “Dispute” will be given the broadest possible meaning allowable under law. You acknowledge that the Mobile Platform Operator is not responsible for addressing any disputes.

Arbitration.  Any Dispute arising under or relating to this EULA shall be finally settled by binding arbitration between you and D3PA. You and D3PA agree to attempt in good faith to resolve any Dispute before commencing arbitration. Unless you and D3PA otherwise agree in writing, the time for informal negotiation will be 60 days from the date on which you or D3PA provides written notice of the Dispute. You and D3PA agree that neither will commence arbitration before the end of the time for informal negotiation. If informal negation is not effective, arbitration shall be conducted before a single arbitrator under the Rules of the American Arbitration Association and shall be conducted in Los Angeles, California USA. YOU UNDERSTAND AND ACKNOWLEDGE THAT BY AGREEING TO BINDING ARBITRATION, YOU ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ALL DISPUTES IN COURT BEFORE A JUDGE OR JURY. INSTEAD, YOU UNDERSTAND AND AGREE THAT ALL DISPUTES WILL BE RESOLVED BEFORE A NEUTRAL ARBITRATOR, WHOSE AWARD (DECISION) WILL BE BINDING AND FINAL, EXCEPT FOR A LIMITED RIGHT OF APPEAL UNDER THE FEDERAL ARBITRATION ACT. ANY COURT WITH JURISDICTION OVER THE PARTIES MAY ENFORCE THE ARBITRATOR’S AWARD.

Governing Law.  The laws of the State of California, excluding its conflicts of law rules, govern this EULA and your use of the Game. Your use of the Game may also be subject to other local, state, national, or international laws. In the event that the agreement above to arbitrate is not effective for any reason, you hereby agree to personal jurisdiction by and venue in the federal and state courts of Los Angeles, California, USA for all Disputes in connection with this EULA or any Dispute of any sort that might arise between you and us or our affiliates.

Severability.  If any of the terms or conditions of this EULA shall be deemed invalid, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining port of this EULA.

Delay in Enforcement. No delay or failure to take action under this EULA shall constitute any waiver by us of any provision of this EULA.

Complete Agreement.  This EULA and any other policies posted on, in or in connection with the Game from time to time constitute the complete agreement between you and D3PA with respect to the subject matter hereof and thereof and supersede all prior agreements or representations between you and D3PA.


Word Designer: Country Home

END USER LICENSE AGREEMENT

Last updated August 27, 2018

D3PUBLISHER OF AMERICA, INC. (dba D3 Go!)

Word Designer: Country Home

PLEASE READ THIS END USER LICENSE AGREEMENT (THIS “EULA”), WHICH IS A LEGALLY BINDING AGREEMENT BETWEEN YOU, THE END USER (“YOU”), AND D3PUBLISHER OF AMERICA, INC. (D.B.A. D3 Go!) AND ITS AFFILIATES (COLLECTIVELY, “D3PA”, “WE” OR “US”), CAREFULLY BEFORE USING THE WORD DESIGNER: COUNTRY HOME MOBILE GAME PROVIDED BY D3PA (THE “GAME”). BY DOWNLOADING OR USING THE GAME, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, PLEASE DO NOT CLICK “ACCEPT” OR OTHERWISE DOWNLOAD OR USE THE GAME.

Terms of Use.  The Game is licensed, not sold, to you by D3PA. By using the Game, you agree to be bound by this EULA. We reserve all rights in and to the Game not expressly granted to you under this EULA. We may modify this EULA, at our sole discretion, without your consent, effective immediately upon posting of the revised EULA, and you agree to and accept this condition. The terms of this EULA will govern any upgrades provided by D3PA that replace and/or supplement the original Game, unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern. You acknowledge that this EULA is concluded solely between you and D3PA, and not with the provider of your device and/or mobile platform operator (e.g., Apple, Samsung, Google, Amazon) (collectively, the “Mobile Platform Operator”), and that D3PA is solely responsible for the Game and the content thereof, except as otherwise provided in this EULA. If this EULA is less restrictive than, or in conflict with, the terms or conditions of service imposed by any applicable Mobile Platform Operator, the terms and conditions of the Mobile Platform Operator will govern. Material changes to this EULA will be announced by posting them in the Mobile Platform Operator’s commerce center or store (e.g., Apple App Store, Android Market) where the Game may be available. You are responsible for checking this EULA each time before using the Game. Continued use of the Game following the posting of changes will mean that you accept and agree to the updated EULA.

Scope of License.  This EULA is a non-exclusive, limited, nontransferable, non-sublicensable, terminable license to use the Game on mobile devices that you own or control and as permitted by the usage rules of the Mobile Platform Operator, or other terms and conditions applying to your mobile device. This EULA does not allow you to use the Game on any device that you do not own or control, and except as provided in the terms and conditions relating to your device, you may not distribute or make the Game available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, transfer, redistribute, or sublicense the Game and, if you sell your device to a third party, you must remove the Game before doing so. You may not copy (except as expressly permitted by this EULA and the terms and conditions for your mobile device), decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Game or any part thereof (except as and only to the extent that any forgoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-source components included with the Game). Any attempt to do so is violation of the rights of D3PA and D3PA’s licensors. If you breach this restriction, you may be subject to prosecution and damages.

Intellectual Property.  All content included in the Game, including text, design, graphics, logos, user interfaces, button icons, images, photographs, audio clips, video clips, digital downloads, data compilations and software (but not including any content posted by users) is owned by D3PA or D3PA’s licensors and protected by applicable copyright and other intellectual property laws. The Game may include registered and unregistered trademarks owned by or licensed to D3PA, which may not be copied, imitated or used, without the prior written permission of D3PA.

Charges.  If there is a charge associated with the Game, you agree to pay that charge. If the Game is free, there may still be charges for additional content within the Game, including virtual currency and virtual goods (both defined below), and you agree to pay those charges. You may be able to prevent purchase of such additional content by adjusting your mobile device’s settings. Certain devices may keep you logged on for a period of time after you download the Game (or after you make a purchase through the Game). This may allow a user (for example, a child) to incur charges without entering your password. This is a function of the software of these devices and not within our control. Prices for the Game exclude all applicable taxes and currency exchange settlements, unless stated otherwise. You may still incur charges incidental to using the Game even if the Game itself is free (for example, charges for internet access, text messaging, and other data transmission). You are solely responsible for the payment of such taxes or other charges related to your use of the Game. Any amounts paid for the Game or virtual items or virtual currency are non-refundable, except as expressly set forth in this EULA. You understand that all purchases and charges made by you are final. You are not entitled to any refund or return for products sold for any reason. Any election to honor a refund or return shall be made at our sole discretion.

Consent to Use of Data.  We may ask you to submit certain personal information in order to register a D3PA account. You agree to provide and maintain true, accurate, complete and current information. If you provide any information that is untrue, inaccurate, incomplete or not current, D3PA has the right to suspend or terminate your account and refuse any and all current or future use of the Game by you.  D3PA is committed to protecting your privacy. By using the Game, you agree to be bound by D3PA’s privacy policy. You agree that all data you share with D3PA, or any data collected by D3PA during your use of our product, is the exclusive property of D3PA.You agree that we may collect and use technical data, gameplay data, and related information, including but not limited to, technical information about your device, system and application software, and peripherals, which is gathered periodically to facilitate the provision of software updates and product support related to the Game. We may also use this information, as long as it is in a format that does not personally identify you, to improve our products or to provide new games or other applications to you. However, you reserve the right to opt out of any data collection, discontinue your use of our services, or modify or delete any stored data accessible to you at your convenience. Data shared to D3 for Word Designer: Country Home quest includes the following:

  • Facebook is a service that also displays ads in game to users, it collects information about what you did with the ad (did you watch it or skip it, did you click on the ad to check out the advertised product) and by collecting your advertising identifier and IP address, but may also collect information such as your device model, operating system, and type of connection to optimize the advertisements served.

 

  • Admob is a service that displays ads in game to users, it collects information about what you did with the ad (did you watch it or skip it, did you click on the ad to check out the advertised product) and by collecting your advertising identifier and IP address, but may also collect information such as your device model, operating system, and type of connection to optimize the advertisements served.

 

  • Ironsource is a service that displays ads in game to users, it collects information about what you did with the ad (did you watch it or skip it, did you click on the ad to check out the advertised product) and by collecting your advertising identifier and IP address, but may also collect information such as your device model, operating system, and type of connection to optimize the advertisements served.

 

  • Unity is a service that displays ads in game to users, it collects information about what you did with the ad (did you watch it or skip it, did you click on the ad to check out the advertised product) and by collecting your advertising identifier and IP address, but may also collect information such as your device model, operating system, and type of connection to optimize the advertisements served. D3 also uses Unity to review user habits and game analytics using user_ID, username, advertising identifiers, and IP address. If for example something isn’t working or players do not like an event, we record actions in the game to find what players are interested in, avoiding, most interested in purchasing, etc. so that we can make educated decisions on what to work on next to improve, add to, or remove in the game.

 

Registration; Password.  When you register for a D3PA account, you will choose a user ID and password. It is your responsibility to keep your user ID and password confidential. If you think a third party may have obtained your password, you should immediately change your password. We will have no responsibility for damage caused to you  by a third party using your user ID and password regardless of whether it was provided intentionally by you or through your negligence, and regardless of whether we knew or should have known of such use. If there are changes to information that you registered with us when applying to use the Game, you should update your profile to reflect the changes.

Minor Users.  D3PA relies upon parents and guardians to determine if the Game is appropriate for the viewing, access or purchase by persons under the age of 18.  We do not intend the Game to be viewed or used by children under the age of 13. By using the Game, you represent and warrant that you are age 13 or older.  You agree to monitor use of your account by persons between the ages of 13 and 18, including responsibility for any use of your credit card or other payment instrument.

Virtual Currency and Virtual Goods.  The Game may include “virtual currency,” consisting of coins, points or similar items that may be earned or obtained through the Game or otherwise purchased by you using actual (‘real world’) currency, subject to applicable law. The Game may also include “virtual goods,” consisting of digital items such as commodities, abilities or other goods that may be earned or obtained through the Game or otherwise purchased by you using actual or virtual currency, subject to applicable law.  We can manage, regulate, control, modify or eliminate virtual currency and/or virtual goods, including the price thereof, at our discretion, and will have no liability to you or any third party for any of such actions. You have no right, title, or interest in or to any virtual goods or virtual currency except the following: a limited, personal, non-transferable, non-sublicensable, revocable license to use, solely within the Game, virtual goods and virtual currency that you have earned, purchased or otherwise obtained in a manner authorized by us. You agree that the transfer of virtual currency and virtual goods is prohibited except where expressly authorized in the Game. Also, outside of the Game, you may not sell, redeem or otherwise transfer virtual currency or virtual goods to D3PA, any other user of the Game or any other party. You agree that all sales of virtual currency and virtual goods are final and non-refundable, unless we or the applicable Mobile Platform Operator decides in its sole and absolute discretion to provide a refund. You agree that in the event that this EULA, your account or the Game is terminated for any reason, which may include, without limitation, our discontinuation for any reason of the applicable portion of the Game, you will forfeit all virtual currency and virtual goods, and we will have no liability to you for such forfeiture.

User Content.  The Game may invite or enable you and other users to create, submit, post display, transmit, perform, publish or distribute communications, content and materials by e-mail or through online forums, message boards, social media platforms, messaging services, blogs or other functionality of the Game or portions thereof. D3PA has no obligation to accept, display, review, maintain or otherwise exploit any user content. By posting user content to the Game, you represent and warrant that you have all rights, including under copyright, to do so, and that such content is not illegal, defamatory or pornographic.  You agree that user content is not confidential. You further agree that user content will not be returned to you. You hereby grant to D3PA a worldwide irrevocable, perpetual, non-exclusive, transferable, royalty-free license (with the right to sublicense), to use, copy, adapt, modify, distribute, license, sell, transfer, publicly perform, transmit, stream, broadcast and otherwise exploit for any purpose user content via the Game or by any other means. You further hereby irrevocably grant to D3PA the unconditional right to use and exploit your name, persona and likeness included in any user content and in connection with any user content, without any obligation to you. Except as prohibited by law, you waive any rights to attribution and/or any moral rights you may have in user content, regardless whether user content is altered or changed in a manner not agreeable to you.  If a user requests to remove or correct their data, they must write an email to [email protected] which will then be queued with any other requests and taken care of as soon as possible. We may not be able to fully remove data, for instance the leaderboards of the game because it could cause issues that would make the game unstable. We are not liable for any damage resulting from any infringement of copyright, trademark or other intellectual property or proprietary rights in any user content.

Third Party Services.  The Game may contain links, login interfaces and other connections to third party websites and applications (e.g., Facebook). Such third party services are provided solely as a convenience to you, and we are not responsible for, and do not sponsor or endorse the content of third party services. Use of third party services may require you to accept additional terms. We are not responsible for examining or evaluating, and do not warrant the offerings of, any third party services, and you agree to use them at your sole risk.  You may encounter content that may be deemed offensive or objectionable which content may or may not be identified as including explicit language, and that the results of any search or entering a URL may automatically and unintentionally generate links or references to objectionable content.  In particular, you acknowledge and agree that use of third party services may cause personally identifying information to be publicly disclosed and/or associated with you. The end user license agreement, terms of use, privacy policy and any other terms designated by the third party service will govern your use of that third party service. If you have any questions, concerns or complaints about a third party service, please contact the support or contact personnel of that third party service.  We may allow you to log in to the Game using third party services. By logging in using a third party service or otherwise using third party services, you permit that third party service to access information related to your account with that third party service (including profile information, friends and privacy settings), and the third party service may be able to access information concerning your actions in the Game. Use of the third party services may require internet access and that you accept additional terms of service.  You agree to use the third party services at your sole risk and that D3PA shall not have any liability to you for content that may be found to be offensive or objectionable.

Certain third party services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the third party services, You acknowledge and agree that D3PA is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. D3PA does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person with respect to any third party services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to You. Financial information displayed by any third party services is for general informational purposes only and is not intended to be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the third party services, You should consult with a financial professional. Location data provided by any third party services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither D3PA, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information or location data displayed by any third party services.

You agree that any third party services may contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the third party services. No portion of the third party services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the third party services, in any manner, and You shall not exploit the third party services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the third party services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that D3PA is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using any of the third party services.

In addition, third party services and Third Party Materials that may be accessed from, displayed on or linked to from your device are not available in all languages or in all countries. D3PA makes no representation that such third party services and/or any Third Party Materials are appropriate or available for use in any particular location. To the extent You choose to access such third party services or Third Party Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. D3PA, and its licensors, reserve the right to change, suspend, remove, or disable access to any third party services at any time without notice. In no event will the D3PA be liable for the removal of or disabling of access to any such third party services. D3PA may also impose limits on the use of or access to certain third party services, in any case and without notice or liability.

Prohibited Conduct.  You agree not to engage in any of the following conduct through or in connection with the Game: (a) interfere with or disrupt the Game or servers or networks, or disobey any requirements, procedures, policies or regulations of networks connected with the Game; (b) interfere with, disrupt or circumvent any security feature of the Game or any feature that restricts or enforces limitations on use of or access to the Game; (c) use the Game to violate the law; (d) use the Game to harm minors in any way; (e) use the Game to reveal any personal information about another individual, including any information that may be used to track, contact or impersonate that individual; (f) defraud or mislead D3PA or other users; (g) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; (h) create a D3PA account by automated means or false pretenses or use any other user’s account for any purpose, including to circumvent a suspension or ban; (i) cheat or use, develop or distribute automation software programs (“bots”),  “macro” software programs or other “cheat utility” software programs or applications that are designed to modify the Game experience to the detriment of fair play; or (j)  submit false refund requests to D3PA or any Mobile Platform Operator. D3PA reserves the right to determine what conduct violates these restrictions or is otherwise outside the intentions of this EULA or the Game and to take action as a result, which  may include termination of your account and exclusion from further participation in the Game.

Changes, Suspension or Termination of the Game.  We reserve the right to add, change, suspend or discontinue the Game, or any aspect or feature of the Game, without notice or liability. You agree that we may alter the Game, which includes changing the various terms and changing or eliminating parts of the Game, without contacting you in advance.  You agree that we may temporarily suspend the Game without prior notice. During any such period you may be unable to access any information you have stored on the Game. This may occur, for example, when we are conducting regular or emergency maintenance on the Game. The license is effective until terminated by you or D3PA. Your rights under this EULA will terminate automatically without notice from D3PA if you cease all use of the Game and delete all copies of the Game. You may, as a result of termination, lose your D3PA account and all information and data associated with it, including virtual currency and virtual goods.  You will not be entitled to any refund, reimbursement or other liability as a result of any termination permitted under this EULA for any reason, whether by you or D3PA. D3PA reserves the right to refuse to keep accounts for or provide access to the Game to anyone.

NO WARRANTY.  YOU ACKNOWLEDGE AND AGREE THAT USE OF THE GAME IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE GAME AND ANY SERVICES PERFORMED OR PROVIDED BY THE GAME ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND D3PA HEREBY DISCLAIMS ALL WARRANTIES AND CONDIONS WITH RESPECT TO THE GAME AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMTED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD PARTY RIGHTS. NO D3PA PARTY WARRANTS THAT THE GAME, OUR SERVERS OR EMAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. D3PA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE GAME, OR PERFORMED OR PROVIDED BY THE GAME, WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE GAME WILL BE CORRECTED. SHOULD THE GAME PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIOIN OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY.  TO THE EXTENT NOT PROHBITED BY LAW, IN NO EVENT SHALL D3PA BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE GAME, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF D3PA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATOIN OF LIABILITY FOR PERSONAL INJURY OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall our total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars (US$50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. In the event of any failure of the Game to conform to any applicable Mobile Platform Operator warranty on the Mobile Platform Operator’s applicable device or platform, you may notify and request a refund for the purchase price for the Game from the applicable Mobile Platform Operator.

Indemnification.  You are responsible for damages incurred by D3PA and our affiliates as a result of your use of the Game and agree to defend, indemnify and hold harmless D3PA and our affiliates and other users from and against any and all claims, damages, costs and expenses, including attorney’s fees, arising from or related to the use of the Game and any breach of this EULA or any other policies posted on or in connection with the Game from time to time.

Third Party Beneficiary.  You acknowledge and agree that the Mobile Platform Operators are third party beneficiaries of this EULA, and that, upon your acceptance of the terms and conditions of this EULA, such parties will have the right to enforce this EULA against you as a third party beneficiary thereof.

No Support.  You agree that D3PA has no obligation to provide technical, maintenance or other support relating to the Game. You further agree that the applicable Mobile Platform Operator has no obligation whatsoever to furnish any technical, maintenance or other support services with respect to the Game. We may provide limited support to users who contact us through [email protected]; provided, however, that we may discontinue such support at any time.

Export.  You may not use or otherwise export or re-export the Game except as authorized by United States law and the laws of the jurisdiction in which the Game was obtained. In particular, but without limitation, the Game may not be exported or re-exported (a) into any US-embargoed countries, or (b) to anyone on the US Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Game, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Game for any purposes prohibited by US law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.

US Government Users.  The Game and related documentation are “Commercial Items”, as the term is defined at 48 C.F.R. § 12.212 or 48 C.F.R §277.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to US Government end users (a) only as Commercial Items, and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.

Communications.  You agree that D3PA may send e-mail to you for the purposes of informing you of upcoming events or offers, notifying you of changes to the Game, or for other purposes we deem appropriate.

Any questions relating to the Game should be directed to

D3Publisher of America, Inc.

15910 Ventura Blvd., Suite 800

Encino, CA 91436 USA

Email: [email protected]

Disputes.  As used in this EULA, “Dispute(s)” means any dispute, claim, demand, action, proceeding, or other controversy between you and D3PA concerning the Game and your or D3PA’s obligations and performance under this EULA or with respect to the Game, whether based in contract, warranty, tort (including, without limitation, fraud, misrepresentation, fraudulent inducement, concealment, omission, negligence, conversion, trespass, strict liability, and product liability), statue (including, without limitation, consumer protection and unfair competition statues), regulation, ordinance, or any other legal or equitable basis or theory. “Dispute” will be given the broadest possible meaning allowable under law. You acknowledge that the Mobile Platform Operator is not responsible for addressing any disputes.

Arbitration.  Any Dispute arising under or relating to this EULA shall be finally settled by binding arbitration between you and D3PA. You and D3PA agree to attempt in good faith to resolve any Dispute before commencing arbitration. Unless you and D3PA otherwise agree in writing, the time for informal negotiation will be 60 days from the date on which you or D3PA provides written notice of the Dispute. You and D3PA agree that neither will commence arbitration before the end of the time for informal negotiation. If informal negation is not effective, arbitration shall be conducted before a single arbitrator under the Rules of the American Arbitration Association and shall be conducted in Los Angeles, California USA. YOU UNDERSTAND AND ACKNOWLEDGE THAT BY AGREEING TO BINDING ARBITRATION, YOU ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ALL DISPUTES IN COURT BEFORE A JUDGE OR JURY. INSTEAD, YOU UNDERSTAND AND AGREE THAT ALL DISPUTES WILL BE RESOLVED BEFORE A NEUTRAL ARBITRATOR, WHOSE AWARD (DECISION) WILL BE BINDING AND FINAL, EXCEPT FOR A LIMITED RIGHT OF APPEAL UNDER THE FEDERAL ARBITRATION ACT. ANY COURT WITH JURISDICTION OVER THE PARTIES MAY ENFORCE THE ARBITRATOR’S AWARD.

Governing Law.  The laws of the State of California, excluding its conflicts of law rules, govern this EULA and your use of the Game. Your use of the Game may also be subject to other local, state, national, or international laws. In the event that the agreement above to arbitrate is not effective for any reason, you hereby agree to personal jurisdiction by and venue in the federal and state courts of Los Angeles, California, USA for all Disputes in connection with this EULA or any Dispute of any sort that might arise between you and us or our affiliates.

Severability.  If any of the terms or conditions of this EULA shall be deemed invalid, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining port of this EULA.

Delay in Enforcement. No delay or failure to take action under this EULA shall constitute any waiver by us of any provision of this EULA.

Complete Agreement.  This EULA and any other policies posted on, in or in connection with the Game from time to time constitute the complete agreement between you and D3PA with respect to the subject matter hereof and thereof and supersede all prior agreements or representations between you and D3PA.


D3PUBLISHER TERMS OF USE

Last updated November 23, 2020

These Terms of Use are entered into by and between you (“you” or “your”) and D3Publisher of America, Inc., and its subsidiaries and affiliates (collectively, “D3Publisher”, “we”, “our”, or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use” or “Terms”), govern your access to and use of applies to all of our mobile applications (“App(s)”), websites (“Site(s)”), games, and other digital properties that link to this Privacy Policy, regardless of how you access or use them or engage with us, including through mobile devices or offline (collectively, the “Services”). You and D3Publisher may each also be referred to as a “Party”, and collectively as the “Parties.”

Please read these Terms carefully before accessing or using our Services. By clicking to accept the Terms, you affirmatively accept and agree to be bound and abide by these Terms and our Privacy Policy found at https://d3go.com/legals/#privacy_policy, incorporated herein by reference (“Privacy Policy”), and to comply with all applicable laws and regulations. IF YOU DO NOT AGREE, DO NOT ACCESS OR OTHERWISE USE THE SERVICES.

All rights not expressly granted to users in these Terms of Use are hereby reserved by D3Publisher.

Children Under the Age of 13

By using these Services, you represent and warrant that you are of legal age to form a binding contract with us. Parents/guardians are jointly and severally liable for all acts (including purchases and payments made on or through the Services) and omissions of their children aged under eighteen (18) years when accessing or using the Services. If you do not meet all of these requirements, you must not access or use the Services. We reserve the right to request proof of age of any user, at any time, to confirm if access and use are in compliance with these Terms of Use, as well as to cancel any noncompliant accounts. If you are a parent or guardian and believe we have collected children’s personal information in a manner not permitted by applicable law, please contact us by sending a letter to the following address, and we will take corrective action required under applicable law.

D3 Publisher of America, Inc.
Attn.: Privacy Policy Administrator
15910 Ventura Blvd., Suite 800
Encino, CA 91436
(310) 268-0820
[email protected]

Basic Terms

You understand and agree that you use the Services at your own risk. We have the right to terminate your access and use of the Services at any time for any reason, including if you violate these Terms or otherwise create risk or possible legal exposure for us. Any unauthorized use of the Services is expressly prohibited and we may take any action we deem appropriate, which may include, without limitation, suspension or termination of your account, access to the Services, disqualification from current and future games, and termination of the licenses granted hereunder. The foregoing shall not limit or restrict our available remedies at law.

Changes to Terms of Use.

We reserve the right to amend or update these Terms of Use at any time with or without notice to you, except as required by applicable law. We may also add new features or functionality to, or change or remove existing features or functionality from, the Services that will be subject to the Terms of Use. Any user who continues to use the Services after any changes are made will be deemed to have agreed to those changes.

Access and Costs

We make no warranty that the Services can be accessed on all personal computers, games consoles, smartphones, tablets or other devices (each, a “Device”, or in the plural, “Devices”), by means of any specific Internet or other connection provider, or in all countries. You are solely responsible for any third-party costs you incur in order to use the Services and for making all arrangements necessary for you to have access to the Services.

To access the Services, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide on the Services is correct, current, and complete. You agree that all information you provide to register with the Services, submit requests, or in any interactive features, is governed by our Privacy Policy.

Territorial Restrictions.

The information provided within or in connection with the Services, including, without limitation, the D3Publisher Content (defined below), is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Services or any portion of the Services, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, Property or other feature that we provide.

These Terms of Use were written in English (US). To the extent any translated version of these Terms of Use conflicts with the English version, the English version controls.

Account Creation, Suspension and Deactivation

You are responsible for any activity that occurs in the real world and through your account. If available, we prohibit the creation of, and you agree that you will not create, an account for anyone other than yourself. You agree to update your information as necessary to maintain its truth, accuracy, and confidentiality.

You shall not select any username which falsely indicates or implies an association with us, is offensive, defamatory, vulgar, obscene, sexually explicit, racially, ethnically, or otherwise objectionable. You may not use a misspelling or alternative spelling to circumvent this restriction.

You are responsible for keeping your password secret and secure.

You can request deactivation of your account (if any) by emailing [email protected] Upon the deactivation or termination of your account for any reason, all account or user data may no longer be accessible to you, including, without limitation, any content uploaded, collectibles, items, and other user account progress information. Upon termination, all licenses and other rights granted to you in these Terms of Use will immediately cease.

Social Media Accounts

If you are a registered user of social media sites you may be able to connect your social media account(s) to your account on the Services (if your applicable account has this functionality enabled). Your social media accounts are subject to their own terms of service by and from the applicable third party social media account provider (e.g. Facebook, Amazon/Twitch, Steam, etc.). You acknowledge and agree that irrespective of whether you use an anonymous gamer tag or username, once you connect your account to your social media account, your real name will be available and viewable by your social media “friends”. We are not responsible for your use of your social media accounts and/or your use thereof in connection with the Services. Please also see our Privacy Policy for additional information on social media accounts.

Payments

We reserve the right, at any time, to change any fees or charges for any product or Service (or to begin charging fees for any free product or service), provided that such changes will not apply to fees or charges paid or free services used prior to the time of the change. YOU AGREE TO PAY ALL FEES AND APPLICABLE TAXES INCURRED BY YOU OR ANYONE USING THE SERVICES FROM YOUR DEVICE.

You may pay for certain Services and D3Publisher Content in the currency available to and selected by you using the methods made available to you, such as through a payment processor, and you agree to the terms and conditions applicable to such third party payment processor and each payment method you choose. By paying for Services or D3Publisher Content you (i) represent that you are authorized to use the payment method you have selected and that any payment information you provide is true and accurate; (ii) authorize the party charging you for the Services or D3Publisher Content to take payment from you for the Services or D3Publisher Content, using the payment method you have selected; and (iii) accept the terms of service and privacy policies of our third party payment processors.

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE D3PUBLISHER AND EACH OF THE OTHER RELEASED PARTIES (DEFINED BELOW) FROM ANY CLAIMS OR DAMAGES OF ANY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, RELATING TO YOUR PAYMENTS BY AND THROUGH THE THIRD PARTY PROCESSOR. YOU AGREE, UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS.

D3Publisher Content and License

Unless otherwise noted, the Services as a whole or in part, and all materials that are part of the Services, including without limitation, D3Publisher’s name and logos, game properties, data and analytics, photographs, characters, illustrations, graphics, visual material, video, copy, text, virtual goods, software, titles, code, data and materials used in connection with the Services, the compilation of any of the foregoing, and other materials, products, services and intellectual property made available via the Services (collectively, “D3Publisher Content”) are copyrights, trademarks, trade dress, patent, or other intellectual properties owned, controlled, or licensed by D3Publisher or its subsidiaries and affiliates. You may only use D3Publisher Content for your personal, noncommercial use; any other use of the D3Publisher Content without our express written consent in each instance is strictly prohibited. No right, title, or interest in any D3Publisher Content is granted or transferred to you as a result of your access or use. To the fullest extent permitted by applicable law, this license granted to use the Services is non-transferable. You acknowledge and agree that you shall have no ownership or other property interest in your account and that all rights in and to your account are and shall forever by owned and inure to the benefit of D3Publisher. You further acknowledge and agree that you have no claim, right, title, ownership, or other proprietary interest in the D3Publisher Content, regardless of any consideration offered or paid in exchange for such D3Publisher Content. You may not rent, lease, lend, sell, redistribute or sublicense the Services. Unless otherwise noted herein, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell, or participate in any sale of, or exploit in any way, any of the D3Publisher Content or Services. Unauthorized use of the D3Publisher Content is expressly prohibited by law, and may result in severe civil and criminal penalties. Any use of the D3Publisher Content and Services shall be solely for your private use. You may not remove or alter D3Publisher’s or its licensor’s trademarks or logos, or legal notices included in the Services, D3Publisher Content, or related assets. These Terms of Use will govern any upgrades provided by us that replace and/or supplement the Services, unless such upgrade is accompanied by a separate (and/or updated) agreement in which case the terms of that agreement will govern.

YOU ACKNOWLEDGE AND AGREE THAT, OTHER THAN LICENSE GRANTED TO YOU BY THESE TERMS OF USE, YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY SERVICES OR D3PUBLISHER CONTENT (INCLUDING WITHOUT LIMITATION ANY VIRTUAL GOODS), AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ALL RIGHTS IN AND TO SUCH PROPERTY AND COMPANY CONTENT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF D3PUBLISHER AND ITS LICENSORS.

We reserve the right to modify or terminate the Services or your access to the Services for any reason, without notice, at any time, and without liability to you.

No Guarantee

We do not guarantee that any Services or D3Publisher Content will be available at all times or at any given time or that Company will continue to offer the Property or D3Publisher Content for any particular length of time. Company may change and update the Services or D3Publisher Content without notice to you. Company makes no warranty or representation regarding the availability of any Services or D3Publisher Content features and reserves the right to modify or discontinue Services or D3Publisher Content features in its discretion without notice, including, without limitation, ceasing an online service for economic reasons due to a limited number of users continuing to make use of the online service over time. To the fullest extent permitted by applicable law (i) we and our licensors reserve the right to change, suspend, remove, or disable access to any Services or D3Publisher Content at any time without notice, and (ii) we will not be liable for the removal of or disabling of access to any Services or D3Publisher Content.

The Services may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the Services at any time, but we have no obligation to update any information on the Services. You agree that it is your responsibility to monitor changes to our site.

Pricing and Payments

All prices, discounts and descriptions made available on the Services are subject to availability, and may be withdrawn or revised at any time. While we try to be as accurate as possible in the descriptions regarding the products and Services, there may be errors in the information displayed to you. Prices may be indicated on the Services or an order acknowledgement, but the authoritative price in the event of any discrepancy, is the price in effect at the time of acceptance through the charge placed through your selected payment method. Payment shall be made by the payment method selected during your order completion process. We will charge credit or debit cards on dispatch or commencement of the product or Service. We reserve the right to verify and/or authorize credit or debit card payments prior to acceptance. For that reason, we reserve the right to notify you of any errors in product or Service descriptions or in the price prior to the dispatch. If the price is incorrect, regardless of whether it is an error in a price posted on the Services or otherwise communicated to you, then we reserve the right, at our sole discretion, to cancel your order and refund to you the amount that you paid, regardless of how the error occurred. Except as expressly provided elsewhere in these Terms, payment may be taken in full notwithstanding any claim for short delivery or defects.

We offer various payment methods on our Services, some of which are managed by third-party payment and billing providers for which additional terms and costs may apply. Please review such additional terms and costs carefully. You may also be required to create an account with such third-party provider. You agree that we may, at our sole discretion and without further notice, determine and change the availability of certain payment solutions, from time to time without any liability to you. We reserve the right to suspend and/or revoke your account and/or to restrict you from placing orders in the Services and/or to restrict you from using certain payment methods, if we reasonably suspect that you have undertaken (or are attempting/have attempted to undertake) a fraudulent transaction.

Unauthorized “chargebacks” (unwarranted or illegitimate refunds) violate these Terms, and players who engage in the practice will have their accounts removed from the game. Additional steps may also be taken at our discretion.

Rules of Conduct

1. You shall not participate in any activity that is in violation of any federal, state, or local law including without limitation, all regulatory, administrative and legislative authorities.
2. You shall not use the Services to develop, host, or distribute cheats, automation software (bots), modded lobbies, hacks, mods or any other unauthorized third-party software in connection with the Services, or engage in any form of cheating, boosting, or booting.
3. You shall not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Services or D3Publisher Content, any updates, or any part thereof (except as and only to the extent allowed by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the licensed application) for any commercial purpose, including, without limitation (a) to enable use at a cyber cafe, computer gaming center or any other location-based site without our express written consent; (b) for gathering in-game currency, items or resources for sale outside the Services; (c) performing in-game services in exchange for payment outside the Services, e.g., power-leveling; or (d) the sale of accounts, log-in information, or other Property materials, access, or rights.
4. You shall not disable, hack, circumvent or otherwise interfere with security related features of the Services or features that prevent or restrict use or copying of any D3Publisher Content or materials.
5. You shall not use any unauthorized third-party software that intercepts, “mines”, or otherwise collects information from or through the Services.
6. You must not interfere or disrupt the Services, D3Publisher Content, or servers or networks connected to the Services, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any service is rendered or displayed in any other user of the Services’ browser or device.
7. You shall not, except as authorized by us in writing, host, provide or develop matchmaking services for the Services, or intercept, emulate or redirect the communication protocols used by us in any way, for any purpose, including without limitation unauthorized play over the internet, network play, or as part of content aggregation networks.
8. You shall not destroy, interfere with or disrupt, or attempt to interfere with or disrupt (including scan, probe or test the vulnerability of), any web pages available on the Services, servers or networks connected to the Services or the technical delivery systems of our providers or break any requirements, procedures, policies or regulations of networks connected to the Services.
9. You shall not scrape, copy, aggregate, redistribute, alter, reproduce or re-use any user’s (whether specific to any particular user or as an aggregation) information accessible through the Services.
10. You shall not solicit, collect or use the login credentials or other confidential information of users.
11. You shall not defame, stalk, bully, abuse, harass, threaten, impersonate, bully, or intimidate people or entities and you must not post private or confidential information via the Services, including, without limitation, your or any other person’s credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
12. You shall not use the Services to defraud any user, including by scamming or social engineering;
13. You shall not use the Services to play on another user account thereby falsely boosting such account’s status or ranking;
14. You shall not partake in any behavior that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability.
15. You shall not create or submit unwanted email, comments or other forms of commercial or harassing communications (a/k/a “spam”) to any users.
16. You shall not create accounts with the Services through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
17. You shall not attempt to restrict another user from using or enjoying the Services and you must not encourage or facilitate violations of these Terms of Use.
18. You shall not infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity.
19. You shall not upload any content to the Services which contains nudity, excessive violence, illegal drugs or use of alcohol, or other content which we may deem offensive, or any link to the foregoing content.
20. You shall not place bets, wagers, or engage in any form of betting or gambling activity on or in connection with the Services.
21. Without limiting the foregoing, you shall not use the Services for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Services and your Communications, including but not limited to, copyright laws.

Please be aware that your failure to abide by these Rules of Conduct shall, at all times, constitute a violation of these Terms, and if we learn of such acts, by any means, we may investigate or terminate your license to, access, or use of the Services as we may determine in our sole discretion. Notwithstanding, such actions are cumulative to those rights and remedies available to us at law.

Linked Sites and Third Party Websites

You may be able to link from the Services to third party websites and third party websites may link to the Services (each and collectively, “Linked Sites”). You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such websites or the information, content, products, services, code or other materials presented on or through such websites. The inclusion of any link to such sites on our Services does not imply our endorsement or recommendation of that site and we do not represent or warrant that the contents of any third party website is accurate, compliant with state or federal law, or compliant with copyright or other intellectual property laws. Any access to or reliance on the contents of a third party website is done at your own risk.

Feedback and Comments

We welcome your comments and feedback regarding our Services, products, and services. We do not, however, accept confidential or proprietary information. Thus, all comments, feedback, ideas, suggestions, materials, information, and other submissions disclosed, submitted or offered to us using Services or otherwise (collectively, “Communications”) are not confidential and will become and remain our property. The disclosure, submission, or offer of any Communications will constitute an assignment to us of all worldwide rights, titles, and interests, and goodwill in the Communications without payment of any compensation. Additionally, Communications submitted by you must not violate any right of any third party, and must not contain any libelous, abusive, obscene, or otherwise unlawful material. If your Communications violate these Terms of Use, you may bear legal responsibility for such Communications.

User Generated Content

The Services may include message boards, content sharing features, and other means by which you and other users may share content that you create (“UGC”). You are responsible for your UGC (or UGC created by use of your account). To the fullest extent permitted by applicable law, by submitting any UGC (including without limitation, images, videos, customer service submissions, idea submissions, suggestions and message postings) you automatically grant (or represent and warrant that the owner of such rights has expressly granted) us a perpetual, worldwide, royalty-free, fully paid-up, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, sub-license, create derivative works from and distribute such UGC or incorporate such UGC content into any form, medium, or technology now known or later developed throughout the universe, and agree that we shall be entitled to unrestricted use of the UGC for any purpose whatsoever, commercial or otherwise, without compensation, notice or attribution. You waive and agree not to assert any moral or similar rights you may have in any of your UGC. To the extent the Services permit other users to access and use your UGC, you also grant all other users of the Services the right to use, copy, modify, display, perform, create derivative works from, and otherwise communicate and distribute your UGC on or through the Services without further notice, attribution or compensation to you. All UGC must comply with these Terms of Use, including without limitation, the Rules of Conduct.

You represent and warrant that any UGC you provide (i) does not and will not violate any third party intellectual property rights and/or any other person’s rights, including, without limitation, any privacy rights and/or so-called “moral rights”; and (ii) its use as contemplated herein does not and will not require the payment of any royalty or any consideration to a third party. You may not upload or post any UGC that infringes the copyright, trademark or other intellectual property rights of a third party nor may you upload any UGC that violates any third party’s right of privacy or right of publicity, or may require the payment of a royalty or other consideration to a third party. You are responsible and liable for any UGC you place on or through the Services, including the transmission, posting, or other provision of text, files, links, software, photographs, video, sound, music or other information or material. You may only upload your own UGC to the Services; do not upload anyone else’s UGC. We do not endorse nor assume any liability for the contents of any UGC.

We have no obligation to monitor, approve, verify, or prescreen any UGC that you and other users may contribute to or through the Services. We reserve the right (but have no obligation) to remove, block, edit, move or disable UGC for any reason. To the maximum extent permitted by applicable law, we do not assume any responsibility or liability for your UGC or that of other users, or for any failure to monitor, edit, or remove UGC. You agree that you shall not hold us liable for any loss or damage arising from the contents of any UGC (yours or another user’s) including without limitation in respect of any defamation, harassment, or false endorsement claims.

Some features available on the Services may permit you to share certain information about yourself with other users of the Services or the general public, including people who may not be registered users of the Services. You acknowledge and confirm that you have no expectation of privacy when using such features, including without limitation, uploading or submitting UGC; comparing your statistics, personal bests and leaderboards against other users; searching for other users by username; and linking to social media accounts that publicly display user information. See our Privacy Policy for further details.

Monitoring

We may monitor the use of the Services for a variety of purposes, including to prevent cheating or hacking, improve the services provided in connection with the Services and D3Publisher Content, and monitor your and user behavior for any violation of these Terms of Services. Notwithstanding, nothing herein shall be construed to obligate us to monitor and police the Services, and we have no liability to you in connection with your use of the Services.

Warranty Disclaimer

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES, COMPANY CONTENT, UGC (INCLUDING COMMUNICATIONS), FUNCTIONS, AND ALL OTHER MATERIALS PROVIDED OR DISPLAYED THROUGH THE SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS AND NEITHER D3PUBLISHER NOR ITS PARENT COMPANY, SUBSIDIARY COMPANIES, LICENSORS, AFFILIATES, NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”) WARRANTS THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ALL OF THE D3PUBLISHER CONTENT OR OTHER INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICES WILL BE ACCURATE, COMPLETE, OR USEFUL. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION AS TO INFORMATION, DATA, DATA PROCESSING, UPTIME OR UNINTERRUPTED ACCESS, THE AVAILABILITY, USABILITY, ACCURACY, PRECISION, CORRECTNESS, COMPLETENESS, OR USEFULNESS, SECURITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO US OR VIA THE SERVICES.

YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE RELEASED PARTIES DO NOT WARRANT THAT YOUR USE OF THE PROPERTIES IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE RELEASED PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE.

BY ACCESSING OR USING THE PROPERTY YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICES.

THE RELEASED PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE RELEASED PARTIES SHALL NOT BE LIABLE IN ANY WAY FOR DAMAGE OR LOSS OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (A) THE USE OF OR INABILITY TO USE THE SERVICES INCLUDING WITHOUT LIMITATION LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION; (B) THE LOSS OR DAMAGE TO CHARACTERS, ACCOUNTS, STATISTICS, INVENTORIES, VIRTUAL GOODS, OR USER PROFILE INFORMATION; (C) INTERRUPTIONS OF SERVICE INCLUDING WITHOUT LIMITATION ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES, FAILURES OF ANY THIRD PARTY BILLING SOLUTIONS OR OTHER SERVICES, OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE; (D) THE PROPERTIES; (E) THE D3PUBLISHER CONTENT; (F) UGC (INCLUDING COMMUNICATIONS); (G) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICES; (H) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE RELEASED PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE SERVICES; (I) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (J) ANY ERRORS OR OMISSIONS IN THE SERVICES’ OPERATION; OR (K) ANY DAMAGE TO ANY USER’S OR THIRD PARTY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE PROPERTY) .

IN NO CASE SHALL D3PUBLISHER’S AGGREGATE LIABILITY EXCEED THE AMOUNT THAT YOU PAID TO US DURING THE TWELVE (12) MONTHS PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE.

YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF OUR ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE RELEASED PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, OR OTHER CONTENT OWNED OR CONTROLLED BY THE RELEASED PARTIES.

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, OR OTHER TYPES OF DAMAGES, IN SUCH STATES OR JURISDICTIONS, YOU MAY HAVE DIFFERENT OR ADDITIONAL RIGHTS ACCORDING TO THE APPLICABLE LAWS OF COUNTRY FROM WHICH YOU VALIDLY ACQUIRED AND USE THE SERVICES AND IN WHICH CASE THE LIABILITY OF D3PUBLISHER AND ITS AFFILIATES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

BY ACCESSING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, THAT IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

D3PUBLISHER IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

Indemnity

You (and also any third party for whom you operate an account or activity on the Services) agree to indemnify, defend (at our request) and hold the Released Parties harmless from and against any claims, liability, losses, costs and expenses (including reasonable outside attorneys’ fees) arising out of or in any way connected with (including as a result of (i) your direct activities in connection with the Services or those conducted on your behalf); (ii) your Communications or your access to or use of the Services; (iii) your breach or alleged breach of the Terms of Use ; (iv) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (v) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (vi) any misrepresentation made by you. You will cooperate as fully required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without our prior written consent.

Jurisdiction and Applicable Law

The law applicable to the interpretation and construction of these Terms of Use and any transaction (including purchases made via the Services) using or relating to the Services shall be the laws of the State of California without regard to principles of conflict of laws AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE.

Severability

If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. Our failure to insist upon or enforce strict performance of any provision of these Terms of Use will not be construed as a waiver of any provision or right.

Waiver

No waiver of any of these Terms of Use will be deemed a further or continuing waiver of such term or condition or any other term or condition.

Assignment

You will not assign the Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any purported assignment or delegation by you without our prior written consent will be null and void. We may assign these Terms of Use or any rights hereunder without your consent. These Terms of Use do not confer any third-party beneficiary rights.

Entire Agreement.

If you are using the Services on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. These Terms of Use constitute the entire agreement between you and D3Publisher and governs your use of the Services, superseding any prior agreements between you and us.


END USER LICENSE AGREEMENT

Last updated January 20, 2020

D3PUBLISHER OF AMERICA, INC.

G.I. Joe: War on Cobra

PLEASE READ THIS END USER LICENSE AGREEMENT (THIS “EULA”), WHICH IS A LEGALLY BINDING AGREEMENT BETWEEN YOU, THE END USER (“YOU”), AND D3PUBLISHER OF AMERICA, INC. AND ITS AFFILIATES (COLLECTIVELY, “D3PA”, “WE” OR “US”), CAREFULLY BEFORE USING THE G.I. JOE: WAR ON COBRA PROVIDED BY D3PA (THE “GAME”). BY DOWNLOADING OR USING THE GAME, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, PLEASE DO NOT CLICK “ACCEPT” OR OTHERWISE DOWNLOAD OR USE THE GAME.

Terms of Use.  The Game is licensed, not sold, to you by D3PA. By using the Game, you agree to be bound by this EULA. We reserve all rights in and to the Game not expressly granted to you under this EULA. We may modify this EULA, at our sole discretion, without your consent, effective immediately upon posting of the revised EULA, and you agree to and accept this condition. The terms of this EULA will govern any upgrades provided by D3PA that replace and/or supplement the original Game, unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern. You acknowledge that this EULA is concluded solely between you and D3PA, and not with the provider of your device and/or mobile platform operator (e.g., Apple, Samsung, Google, Amazon) (collectively, the “Mobile Platform Operator”), and that D3PA is solely responsible for the Game and the content thereof, except as otherwise provided in this EULA. If this EULA is less restrictive than, or in conflict with, the terms or conditions of service imposed by any applicable Mobile Platform Operator, the terms and conditions of the Mobile Platform Operator will govern. Material changes to this EULA will be announced by posting them in the Mobile Platform Operator’s commerce center or store (e.g., Apple App Store, Android Market) where the Game may be available. You are responsible for checking this EULA each time before using the Game. Continued use of the Game following the posting of changes will mean that you accept and agree to the updated EULA.

Scope of License.  This EULA is a non-exclusive, limited, nontransferable, non-sublicensable, terminable license to use the Game on mobile devices that you own or control and as permitted by the usage rules of the Mobile Platform Operator, or other terms and conditions applying to your mobile device. This EULA does not allow you to use the Game on any device that you do not own or control, and except as provided in the terms and conditions relating to your device, you may not distribute or make the Game available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, transfer, redistribute, or sublicense the Game and, if you sell your device to a third party, you must remove the Game before doing so. You may not copy (except as expressly permitted by this EULA and the terms and conditions for your mobile device), decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Game or any part thereof (except as and only to the extent that any forgoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-source components included with the Game). Any attempt to do so is violation of the rights of D3PA and D3PA’s licensors. If you breach this restriction, you may be subject to prosecution and damages.

Intellectual Property.  All content included in the Game, including text, design, graphics, logos, user interfaces, button icons, images, photographs, audio clips, video clips, digital downloads, data compilations and software (but not including any content posted by users) is owned by D3PA or D3PA’s licensors and protected by applicable copyright and other intellectual property laws. The Game may include registered and unregistered trademarks owned by or licensed to D3PA, which may not be copied, imitated or used, without the prior written permission of D3PA.

Charges.  If there is a charge associated with the Game, you agree to pay that charge. If the Game is free, there may still be charges for additional content within the Game, including virtual currency and virtual goods (both defined below), and you agree to pay those charges. You may be able to prevent purchase of such additional content by adjusting your mobile device’s settings. Certain devices may keep you logged on for a period of time after you download the Game (or after you make a purchase through the Game). This may allow a user (for example, a child) to incur charges without entering your password. This is a function of the software of these devices and not within our control. Prices for the Game exclude all applicable taxes and currency exchange settlements, unless stated otherwise. You may still incur charges incidental to using the Game even if the Game itself is free (for example, charges for internet access, text messaging, and other data transmission). You are solely responsible for the payment of such taxes or other charges related to your use of the Game. Any amounts paid for the Game or virtual items or virtual currency are non-refundable, except as expressly set forth in this EULA. You understand that all purchases and charges made by you are final. You are not entitled to any refund or return for products sold for any reason. Any election to honor a refund or return shall be made at our sole discretion.

Consent to Use of Data.  We may ask you to submit certain personal information in order to register a D3PA account. You agree to provide and maintain true, accurate, complete and current information. If you provide any information that is untrue, inaccurate, incomplete or not current, D3PA has the right to suspend or terminate your account and refuse any and all current or future use of the Game by you.  D3PA is committed to protecting your privacy. By using the Game, you agree to be bound by D3PA’s privacy policy. You agree that all data you share with D3PA, or any data collected by D3PA during your use of our product, is the exclusive property of D3PA.You agree that we may collect and use technical data, gameplay data, and related information, including but not limited to, technical information about your device, system and application software, and peripherals, which is gathered periodically to facilitate the provision of software updates and product support related to the Game. We may also use this information, as long as it is in a format that does not personally identify you, to improve our products or to provide new games or other applications to you. However, you reserve the right to opt out of any data collection, discontinue your use of our services, or modify or delete any stored data accessible to you at your convenience.  Data Shared to D3 for G.I. Joe: War on Cobra includes the following:

  • Facebook connection is not required, but connecting the app with Facebook on a device allows the users save to be backed up in case something goes wrong with a device due to theft, damage or anything else. For this, we collect and store the Facebook ID connected through the Facebook app. There is also a user controlled message gifting system that is completely user controlled and sent through private messages only.

 

  • Google Play Service is a tool that allows us to store your save data, this is done by collecting and storing the Google User ID.

 

  • Helpshift stores username, device ID, and player game ID for customer support reasons so if you write in to fix an issue we have the data to fix the issues reported.

 

  • Redash is a program we use to review user habits and game analytics using user_ID, username, advertising identifiers, IP address and various other non-personal information. If for example something isn’t working or players do not like an event, we record actions in the game to find what players are interested in, avoiding, most interested in purchasing, etc. so that we can make educated decisions on what to work on next to improve, add to, or remove in the game.

 

  • Pubnub is a system we use in the game that collects your in game username and your unique game ID so that we can review conversations only when needed. This is done so we can review if someone is abusing another player verbally in the game so we can take proper action against a user with proof.

 

  • Adjust – Advertising ID, such as IDFA (Identifier For Advertisers) and Google Advertiser ID, and IP Address are shared with Appsflyer in order to attribute installs of the game to advertisements. Appsflyer also collects various other information, such as OS version, device model, and in-app events (e.g. occurrences of purchases), to help us further optimize our advertising campaigns.

 

As a player of G.I. Joe: War on Cobra, you have the right to receive the data we collect and you can request that we delete this data at any time. If you decide to play the game again, this might mean you lose your save data and that we collect new data from you as a user if you choose to start the game again after your data was deleted.All data collected stays in the United States and Canada, and is reviewed by the team working on the game. All data when transferred is encrypted to prevent unauthorized access to the data being used.

 

For more information please click on the links or head to d3go.com/legals/

 

Registration; Password.  When you register for a D3PA account, you will choose a user ID and password. It is your responsibility to keep your user ID and password confidential. If you think a third party may have obtained your password, you should immediately change your password. We will have no responsibility for damage caused to you  by a third party using your user ID and password regardless of whether it was provided intentionally by you or through your negligence, and regardless of whether we knew or should have known of such use. If there are changes to information that you registered with us when applying to use the Game, you should update your profile to reflect the changes.

Minor Users.  D3PA relies upon parents and guardians to determine if the Game is appropriate for the viewing, access or purchase by persons under the age of 18.  We do not intend the Game to be viewed or used by children under the age of 13. By using the Game, you represent and warrant that you are age 13 or older.  You agree to monitor use of your account by persons between the ages of 13 and 18, including responsibility for any use of your credit card or other payment instrument.

We do not intend to collect personal information as defined by the U.S. Children’s Online Privacy Protection Act (“COPPA”) (“Children’s Personal Information”) in a manner that is not permitted by COPPA, and for any children’s or mixed-use portions of our site (if any) we will comply with COPPA. If you are a parent or guardian and believe we have collected Children’s Personal Information in a manner not permitted by COPPA, please contact us at the address listed below (Attention: Legal) and we will remove such data to the extent required by COPPA. Parents may want to consider commercially available parental control protections to limit what minors can access online and/or monitor their minor children’s online activities. Examples include: www.netnanny.com; www.webwatcher.com and www.sentrypc.com. We do not endorse these or other services and are not responsible for them.

Virtual Currency and Virtual Goods.  The Game may include “virtual currency,” consisting of coins, points or similar items that may be earned or obtained through the Game or otherwise purchased by you using actual (‘real world’) currency, subject to applicable law. The Game may also include “virtual goods,” consisting of digital items such as commodities, abilities or other goods that may be earned or obtained through the Game or otherwise purchased by you using actual or virtual currency, subject to applicable law.  We can manage, regulate, control, modify or eliminate virtual currency and/or virtual goods, including the price thereof, at our discretion, and will have no liability to you or any third party for any of such actions. You have no right, title, or interest in or to any virtual goods or virtual currency except the following: a limited, personal, non-transferable, non-sublicensable, revocable license to use, solely within the Game, virtual goods and virtual currency that you have earned, purchased or otherwise obtained in a manner authorized by us. You agree that the transfer of virtual currency and virtual goods is prohibited except where expressly authorized in the Game. Also, outside of the Game, you may not sell, redeem or otherwise transfer virtual currency or virtual goods to D3PA, any other user of the Game or any other party. You agree that all sales of virtual currency and virtual goods are final and non-refundable, unless we or the applicable Mobile Platform Operator decides in its sole and absolute discretion to provide a refund. You agree that in the event that this EULA, your account or the Game is terminated for any reason, which may include, without limitation, our discontinuation for any reason of the applicable portion of the Game, you will forfeit all virtual currency and virtual goods, and we will have no liability to you for such forfeiture.

User Content.  The Game may invite or enable you and other users to create, submit, post display, transmit, perform, publish or distribute communications, content and materials by e-mail or through online forums, message boards, social media platforms, messaging services, blogs or other functionality of the Game or portions thereof. D3PA has no obligation to accept, display, review, maintain or otherwise exploit any user content. By posting user content to the Game, you represent and warrant that you have all rights, including under copyright, to do so, and that such content is not illegal, defamatory or pornographic.  You agree that user content is not confidential. You further agree that user content will not be returned to you. You hereby grant to D3PA a worldwide irrevocable, perpetual, non-exclusive, transferable, royalty-free license (with the right to sublicense), to use, copy, adapt, modify, distribute, license, sell, transfer, publicly perform, transmit, stream, broadcast and otherwise exploit for any purpose user content via the Game or by any other means. You further hereby irrevocably grant to D3PA the unconditional right to use and exploit your name, persona and likeness included in any user content and in connection with any user content, without any obligation to you. Except as prohibited by law, you waive any rights to attribution and/or any moral rights you may have in user content, regardless whether user content is altered or changed in a manner not agreeable to you.  If a user requests to remove or correct their data, they must write an email to [email protected] which will then be queued with any other requests and taken care of as soon as possible.  We may not be able to fully remove data, for instance the leaderboards of the game because it could cause issues that would make the game unstable.  We are not liable for any damage resulting from any infringement of copyright, trademark or other intellectual property or proprietary rights in any user content.

Third Party Services.  The Game may contain links, login interfaces and other connections to third party websites and applications (e.g., Facebook). Such third party services are provided solely as a convenience to you, and we are not responsible for, and do not sponsor or endorse the content of third party services. Use of third party services may require you to accept additional terms. We are not responsible for examining or evaluating, and do not warrant the offerings of, any third party services, and you agree to use them at your sole risk.  You may encounter content that may be deemed offensive or objectionable which content may or may not be identified as including explicit language, and that the results of any search or entering a URL may automatically and unintentionally generate links or references to objectionable content.  In particular, you acknowledge and agree that use of third party services may cause personally identifying information to be publicly disclosed and/or associated with you. The end user license agreement, terms of use, privacy policy and any other terms designated by the third party service will govern your use of that third party service. If you have any questions, concerns or complaints about a third party service, please contact the support or contact personnel of that third party service.  We may allow you to log in to the Game using third party services. By logging in using a third party service or otherwise using third party services, you permit that third party service to access information related to your account with that third party service (including profile information, friends and privacy settings), and the third party service may be able to access information concerning your actions in the Game. Use of the third party services may require internet access and that you accept additional terms of service.  You agree to use the third party services at your sole risk and that D3PA shall not have any liability to you for content that may be found to be offensive or objectionable.

Certain third party services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the third party services, You acknowledge and agree that D3PA is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. D3PA does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person with respect to any third party services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to You. Financial information displayed by any third party services is for general informational purposes only and is not intended to be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the third party services, You should consult with a financial professional. Location data provided by any third party services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither D3PA, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information or location data displayed by any third party services.

You agree that any third party services may contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the third party services. No portion of the third party services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the third party services, in any manner, and You shall not exploit the third party services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the third party services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that D3PA is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using any of the third party services.

In addition, third party services and Third Party Materials that may be accessed from, displayed on or linked to from your device are not available in all languages or in all countries. D3PA makes no representation that such third party services and/or any Third Party Materials are appropriate or available for use in any particular location. To the extent You choose to access such third party services or Third Party Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. D3PA, and its licensors, reserve the right to change, suspend, remove, or disable access to any third party services at any time without notice. In no event will the D3PA be liable for the removal of or disabling of access to any such third party services. D3PA may also impose limits on the use of or access to certain third party services, in any case and without notice or liability.

Prohibited Conduct.  You agree not to engage in any of the following conduct through or in connection with the Game: (a) interfere with or disrupt the Game or servers or networks, or disobey any requirements, procedures, policies or regulations of networks connected with the Game; (b) interfere with, disrupt or circumvent any security feature of the Game or any feature that restricts or enforces limitations on use of or access to the Game; (c) use the Game to violate the law; (d) use the Game to harm minors in any way; (e) use the Game to reveal any personal information about another individual, including any information that may be used to track, contact or impersonate that individual; (f) defraud or mislead D3PA or other users; (g) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; (h) create a D3PA account by automated means, false pretenses, on someone else’s behalf or use any other user’s account and/or permit others to use your account for any purpose, including to circumvent a suspension or ban; (i) cheat or use, develop or distribute automation software programs (“bots”),  “macro” software programs or other “cheat utility” software programs or applications that are designed to modify the Game experience to the detriment of fair play; or (j)  submit false refund requests to D3PA or any Mobile Platform Operator. D3PA reserves the right to determine what conduct violates these restrictions or is otherwise outside the intentions of this EULA or the Game and to take action as a result, which  may include termination of your account(s) and exclusion from further participation in the Game.

Changes, Suspension or Termination of the Game.  We reserve the right to add, change, suspend or discontinue the Game, or any aspect or feature of the Game, without notice or liability. You agree that we may alter the Game, which includes changing the various terms and changing or eliminating parts of the Game, without contacting you in advance.  You agree that we may temporarily suspend the Game without prior notice. During any such period you may be unable to access any information you have stored on the Game. This may occur, for example, when we are conducting regular or emergency maintenance on the Game. The license is effective until terminated by you or D3PA. Your rights under this EULA will terminate automatically without notice from D3PA if you cease all use of the Game and delete all copies of the Game. You may, as a result of termination, lose your D3PA account and all information and data associated with it, including virtual currency and virtual goods.  You will not be entitled to any refund, reimbursement or other liability as a result of any termination permitted under this EULA for any reason, whether by you or D3PA. D3PA reserves the right to refuse to keep accounts for or provide access to the Game to anyone.

NO WARRANTY.  YOU ACKNOWLEDGE AND AGREE THAT USE OF THE GAME IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE GAME AND ANY SERVICES PERFORMED OR PROVIDED BY THE GAME ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND D3PA HEREBY DISCLAIMS ALL WARRANTIES AND CONDIONS WITH RESPECT TO THE GAME AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMTED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD PARTY RIGHTS. NO D3PA PARTY WARRANTS THAT THE GAME, OUR SERVERS OR EMAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. D3PA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE GAME, OR PERFORMED OR PROVIDED BY THE GAME, WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE GAME WILL BE CORRECTED. SHOULD THE GAME PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIOIN OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY.  TO THE EXTENT NOT PROHBITED BY LAW, IN NO EVENT SHALL D3PA BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE GAME, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF D3PA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATOIN OF LIABILITY FOR PERSONAL INJURY OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall our total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars (US$50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. In the event of any failure of the Game to conform to any applicable Mobile Platform Operator warranty on the Mobile Platform Operator’s applicable device or platform, you may notify and request a refund for the purchase price for the Game from the applicable Mobile Platform Operator.

Indemnification.  You are responsible for damages incurred by D3PA and our affiliates as a result of your use of the Game and agree to defend, indemnify and hold harmless D3PA and our affiliates and other users from and against any and all claims, damages, costs and expenses, including attorney’s fees, arising from or related to the use of the Game and any breach of this EULA or any other policies posted on or in connection with the Game from time to time.

Third Party Beneficiary.  You acknowledge and agree that the Mobile Platform Operators are third party beneficiaries of this EULA, and that, upon your acceptance of the terms and conditions of this EULA, such parties will have the right to enforce this EULA against you as a third party beneficiary thereof.

No Support.  You agree that D3PA has no obligation to provide technical, maintenance or other support relating to the Game. You further agree that the applicable Mobile Platform Operator has no obligation whatsoever to furnish any technical, maintenance or other support services with respect to the Game. We may provide limited support to users who contact us through [email protected]; provided, however, that we may discontinue such support at any time.

Export.  You may not use or otherwise export or re-export the Game except as authorized by United States law and the laws of the jurisdiction in which the Game was obtained. In particular, but without limitation, the Game may not be exported or re-exported (a) into any US-embargoed countries, or (b) to anyone on the US Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Game, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Game for any purposes prohibited by US law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.

US Government Users.  The Game and related documentation are “Commercial Items”, as the term is defined at 48 C.F.R. § 12.212 or 48 C.F.R §277.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to US Government end users (a) only as Commercial Items, and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.

Communications.  You agree that D3PA may send e-mail to you for the purposes of informing you of upcoming events or offers, notifying you of changes to the Game, or for other purposes we deem appropriate.

Any questions relating to the Game should be directed to

D3Publisher of America, Inc.

15910 Ventura Blvd., Suite 800

Encino, CA 91436 (USA)

Email: [email protected] 

Disputes.  As used in this EULA, “Dispute(s)” means any dispute, claim, demand, action, proceeding, or other controversy between you and D3PA concerning the Game and your or D3PA’s obligations and performance under this EULA or with respect to the Game, whether based in contract, warranty, tort (including, without limitation, fraud, misrepresentation, fraudulent inducement, concealment, omission, negligence, conversion, trespass, strict liability, and product liability), statue (including, without limitation, consumer protection and unfair competition statues), regulation, ordinance, or any other legal or equitable basis or theory. “Dispute” will be given the broadest possible meaning allowable under law. You acknowledge that the Mobile Platform Operator is not responsible for addressing any disputes.

Arbitration.  Any Dispute arising under or relating to this EULA shall be finally settled by binding arbitration between you and D3PA. You and D3PA agree to attempt in good faith to resolve any Dispute before commencing arbitration. Unless you and D3PA otherwise agree in writing, the time for informal negotiation will be 60 days from the date on which you or D3PA provides written notice of the Dispute. You and D3PA agree that neither will commence arbitration before the end of the time for informal negotiation. If informal negation is not effective, arbitration shall be conducted before a single arbitrator under the Rules of the American Arbitration Association and shall be conducted in Los Angeles, California USA. YOU UNDERSTAND AND ACKNOWLEDGE THAT BY AGREEING TO BINDING ARBITRATION, YOU ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ALL DISPUTES IN COURT BEFORE A JUDGE OR JURY. INSTEAD, YOU UNDERSTAND AND AGREE THAT ALL DISPUTES WILL BE RESOLVED BEFORE A NEUTRAL ARBITRATOR, WHOSE AWARD (DECISION) WILL BE BINDING AND FINAL, EXCEPT FOR A LIMITED RIGHT OF APPEAL UNDER THE FEDERAL ARBITRATION ACT. ANY COURT WITH JURISDICTION OVER THE PARTIES MAY ENFORCE THE ARBITRATOR’S AWARD.

Governing Law.  The laws of the State of California, excluding its conflicts of law rules, govern this EULA and your use of the Game. Your use of the Game may also be subject to other local, state, national, or international laws. In the event that the agreement above to arbitrate is not effective for any reason, you hereby agree to personal jurisdiction by and venue in the federal and state courts of Los Angeles, California, USA for all Disputes in connection with this EULA or any Dispute of any sort that might arise between you and us or our affiliates.

Severability.  If any of the terms or conditions of this EULA shall be deemed invalid, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining port of this EULA.

Delay in Enforcement. No delay or failure to take action under this EULA shall constitute any waiver by us of any provision of this EULA.

Complete Agreement.  This EULA and any other policies posted on, in or in connection with the Game from time to time constitute the complete agreement between you and D3PA with respect to the subject matter hereof and thereof and supersede all prior agreements or representations between you and D3PA.


Last Updated: 8/27/19

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