© 2005-2018 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.



PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE

Last updated January 1, 2016

ACCEPTANCE OF CONTRACT TERMS
The following terms of use (“Terms of Use”) are the terms of a legal agreement between you and D3Publisher of America, Inc. (hereinafter referred to as “D3Publisher”). By accessing, browsing and/or using this site (“Site”), you acknowledge that you have read, understood, and agree to be bound by these terms and comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS SITE. The material provided on this Site is protected by law, including, but not limited to, United States Copyright and Trademark law and international treaties. This Site is controlled and operated by D3Publisher from its offices within the United States. D3Publisher makes no representation that materials in the Site are appropriate or available for use in other locations, and access to the Site and materials thereon from territories where the content is illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

You represent, warrant, and covenant that: you will not upload, email, post or transmit to, or distribute or otherwise publish through the Site any materials which (i) restrict or inhibit any other user from using and enjoying the Site, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit, or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, potentially give rise to civil liability (including claims of defamation and/or libel), or otherwise violate the law, (iv) violate, plagiarize, or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity, or any other proprietary right, (v) contain a virus, worm, Trojan horse, or other harmful component, (vi) contain any information, software, or other material of a commercial nature, (vii) contain advertising of any kind, or (viii) constitute or contain false or misleading indication of origin or statement of fact. We reserve the right to release information to the proper authorities, as a result of a violation of our standards, or unlawful acts, if the information is subpoenaed, and/or if we deem it necessary and/or appropriate.

COPYRIGHT AND USER RESTRICTIONS

All material provided on this Site is protected by copyrights owned or controlled by D3Publisher or by the controller of the copyright or by the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of D3Publisher or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site solely for personal, non-commercial use only provided you do not modify, copy, alter, reverse engineer, disassemble, or distribute the materials and that you retain all copyright and other proprietary notices contained in the materials. Use of the content or materials for any purpose not expressly permitted in these Terms of Use is prohibited, without our prior, written consent. You acknowledge and agree that you may not sublicense, assign or otherwise transfer this permission and that no title or material from any of the Site has been or will be transferred to you by D3Publisher or anyone else. Upon termination of these Terms of Use, you will immediately destroy any and all downloaded and/or printed materials. You also may not, without D3Publisher’s prior, written permission, “mirror” any material contained on this Site on any other server. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

D3Publisher respects the intellectual property of others and expects users of the Site to do the same. Pursuant to 17 United States Code 512(c)(2) (Digital Millennium Copyright Act of 1998), D3Publisher’s designated agent for notice of alleged copyright infringement appearing on the Site is:

D3Publisher of America, Inc.
ATTN: Copyright Claims
15910 Ventura Blvd
Suite 800
Encino, CA 91436
f: 310-268-0829

To file a notice of infringement with us, you need to fulfill the requirements specified in Title II of the Digital Millennium Copyright Act of 1998. The text of this statute can be found at the U.S. Copyright Office web site: http://www.loc.gov/copyright/title17

TRADEMARKS

The trademarks, service marks, and logos (the “Trademarks”) used and displayed on this Site are registered and unregistered Trademarks of D3Publisher and others. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Site, without the written permission of the Trademark owner. D3Publisher aggressively enforces its intellectual property rights to the fullest extent of the law. The Trademarks, including both D3Publisher’s and others, may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior, written permission. D3Publisher prohibits use of any of its Trademarks without the prior written consent of D3Publisher.

POSTINGS, SUBMISSIONS, AND CHAT ROOMS

By posting messages, chatting, uploading files, inputting data, transmitting e-mail, or engaging in any other form of communication (individually or collectively “Communications”) to or through the Site, you hereby grant to D3Publisher a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications, in all media now known or hereafter developed. You hereby waive all rights to any claim against D3Publisher for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications.

You acknowledge that Communications to, from and through the Site are not confidential, and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications using the Site, no confidential, fiduciary, contractually implied, or other relationship is created between you and D3Publisher other than pursuant to this Agreement.

D3Publisher likes to hear from you. However, please bear in mind that D3Publisher does not accept or consider any unsolicited creative ideas or suggestions. Therefore, please do not make any such submissions, including, but not limited to, ideas, notes, drawings, scripts, story ideas, films, concepts or other information, to D3Publisher through the Site or otherwise. D3Publisher will not review any such submissions.

The Site may make chat rooms, forums, message boards and email, available to its users provided that they abide by the online behavior detailed in this Agreement. Please remember that any information that is disclosed in these areas becomes public information, and you should exercise caution when deciding to disclose your personal information. Your right to speak freely here must be exercised with courtesy and self-restraint. In consideration of being allowed to use the Site, when you enter or use a chat room, use a message board, transmit an e-mail, or otherwise utilize the Site, you explicitly and unequivocally agree you will not: use any Site service for any purpose in violation of local, state, or national laws of any country; post or otherwise transmit any material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner; post or otherwise transmit any material that reveals trade secrets, unless you own them or have the permission of the owner; post or otherwise transmit any material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post or otherwise transmit any material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; post or otherwise transmit sexually-explicit images; post or otherwise transmit advertisements or solicitations of business; disrupt the normal flow of dialogue and/or exchange on the Site, or post or otherwise transmit chain letters or pyramid schemes. You are responsible for your own Communications, as defined above, and are responsible for the consequences of posting or otherwise transmitting those Communications. D3Publisher does not represent or guarantee the truthfulness, accuracy, or reliability of any material posted or otherwise transmitted by Site users or endorse any opinions expressed by such users. D3Publisher does not screen Communications in advance and is not responsible for screening or monitoring material posted or otherwise transmitted by Site users. If D3Publisher receives notification of a user regarding Communications which allegedly do not conform to this Agreement, D3Publisher may investigate the allegations and determine in good faith and at its sole discretion whether to remove or request the removal of the Communication. D3Publisher has no liability or responsibility to users for performance or nonperformance of such activities. D3Publisher reserves the right to expel users and prevent their further access to the Site for violating this Agreement or violating the law. D3Publisher reserves the right to remove Communications that are abusive, illegal, disrespectful, or disruptive.

DISCLAIMER OF WARRANTY

THE INFORMATION, SERVICES, PRODUCTS AND/OR MATERIALS ON THIS SITE ARE PROVIDED “AS IS” WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS AND VALIDITY OF THE INFORMATION, SERVICES, AND/OR MATERIALS REST WITH YOU. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO THE APPLICABLE LAW, D3PUBLISHER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUSES, OR OTHER VIOLATION OF RIGHTS. D3PUBLISHER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE INFORMATION, SERVICES, AND/OR MATERIALS ON THIS SITE OR ANY SITES LINKED TO THIS SITE. THE INCLUSION OF ANY SUCH LINK DOES NOT IMPLY ENDORSEMENT OF THE SITE BY D3PUBLISHER OR ANY ASSOCIATION WITH ITS OPERATORS. D3PUBLISHER IS NOT RESPONSIBLE OR LIABLE FOR ANY INFECTIONS OR CONTAMINATION OF YOUR SYSTEMS OR DELAYS, INACCURACIES, ERRORS OR OMISSIONS ARISING OUT OF YOUR USE OF THIS SITE OR WITH RESPECT TO ANY INFORMATION, SERVICES, AND/OR MATERIAL CONTAINED ON THIS SITE.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL D3PUBLISHER BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF D3PUBLISHER OR A D3PUBLISHER AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATE, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. D3Publisher and its affiliates further do not warrant the accuracy or completeness of the information, text, graphics, videos, links or other items contained within these materials. D3Publisher may make changes to these materials, or to the products described therein, at any time without notice. D3Publisher makes no commitment to update the materials. Certain applicable laws may not allow all the limitations of liability described herein. Should that be the case, D3Publisher’s total liability to you for losses, damages, causes of action, and/or negligence shall not exceed the total amount paid by you (if any) to access the Site.

INDEMNIFICATIONS

You agree to indemnify, defend and hold D3Publisher, its parent, subsidiaries, affiliates and their respective officers, directors, owners, employees, agents, information providers, licensors, and licensees (collectively, the “D3Publisher Parties”) harmless from and against any and all claims, liability, losses, costs and expenses (including reasonable attorneys’ fees) incurred by any D3Publisher Party in connection with any use or alleged use by you of the chat rooms, bulletin boards, or other user forums of this Site, or any unauthorized, illegal, or infringing use of this Site by you. D3Publisher reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with D3Publisher’s defense of such claim.

PRIVACY POLICY

These Terms of Use are subject to D3Publisher’s Privacy Policy at https://d3go.com//legals/#online_privacy_policy.

GENERAL

You should be aware that when you are on the Site, you could be directed to other sites that are beyond its control. There may be links to other sites from D3Publisher that take you outside D3Publisher’s service. These links are for convenience only and you access them at your own risk. We take no responsibility and assume no liability for any content provided from such outside sources or for any mistakes, defamation, libel, slander, omissions, falsehoods, obscenity, pornography, or profanity contained therein.

By permitting advertising on the Site, D3Publisher makes no warranties or representations of any kind as to the accuracy of the content or suitability of the subject matter of any such advertisement. D3Publisher specifically disclaims liability for direct, consequential, or incidental damages arising from such advertisements. By responding to an advertisement on the Site, you waive any claims against D3Publisher for damages arising from such advertisement or your reliance upon statements in such advertisement. You will not consider D3Publisher nor will D3Publisher be construed as a party to such transactions, whether or not D3Publisher may have received some form of revenue or other remuneration in connection with the transaction. Merchants are responsible for all aspects of order processing, fulfillment, billing, and customer service. You agree that use of such merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED, OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY, AND/OR NONINFRINGEMENT. UNDER NO CIRCUMSTANCES IS D3PUBLISHER LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS FOUND ON THE SITE OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED FROM OR TO OUR SITE.

D3Publisher may at any time revise these Terms of Use by updating this posting. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms of Use to which you are bound.

This Agreement shall be construed in accordance with the laws of the State of California and the United States, and the parties irrevocably consent to bring any action to enforce this Agreement in the United States federal and California state courts located in Los Angeles, California. The parties also waive any defenses to jurisdiction or venue to lawsuits brought by D3Publisher in the United States federal and California state courts located in Los Angeles, California. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to the subject matter. All rights not expressly granted herein are expressly reserved. This Agreement shall inure to the benefit of D3Publisher’s agents, licensors, licensees, successors, and assigns. In the event any one or more of the provisions of this Agreement is unenforceable, it shall be modified so as to remain in force and effect, but if that is no possible then it will be stricken from this Agreement, and the remainder of the Agreement will be unimpaired. The headings in this Agreement are for purposes of reference only.

© 2018 D3Publisher of America, Inc. D3Publisher and its logo are trademarks of D3Publisher of America, Inc. All rights reserved.


privacy_certified_confirm_color

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 or:

ESRB
Attn.: Privacy Certified Program
420 Lexington Ave, Suite 2240
New York, NY 10170
[email protected]

 

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:

 


privacy_certified_confirm_color

 

D3PUBLISHER MOBILE PRIVACY POLICY
Last updated July 20, 2018

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 (“Apps”) and sets forth our current privacy practices with respect to the information we collect about you or your device.  By using any of our Apps, you acknowledge and fully understand this Privacy Policy and freely consent to the information practices described herein.  If you do not agree with any part of this Privacy Policy, you should not use our Apps.

TABLE OF CONTENTS

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

 

  1. Scope of Privacy Policy

This Privacy Policy applies to information about you or your device collected through our Apps, and does not apply to any other information collected by D3Publisher through any other means, including but not limited to, information collected on any of our websites (even if you access the website on your mobile device and even if the website is related to your App gameplay) or information collected offline.

When using our Apps, you may be able to access third party websites or Apps through links placed in our Apps.  Please note that, in some cases, we do not have control over the information that is collected by these third parties and we are not responsible for the privacy practices of these third parties.  We encourage you to review the privacy policies of these third parties.

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

  1. Collection and Use of Information

For some of our Apps, you may be able to log in (either now or in the future) 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 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.  We may also collect your name and email address when you contact us with a question or request.

D3Publisher may use cookies and other technologies to collect technical information about your device when you use our Apps, such as your IP address, identifier For Advertising (“IDFA”), media access control (“MAC”) address, device type, and operating system.  We use technical information to track your use of our Apps (e.g., so that we can remember your game progress), to personalize your experience on our Apps, to help administer our Apps, and to provide users with targeted advertising.  Please note that while we may use this technical information for targeted advertising purposes for adults and teens, we do not use this information for targeted advertising purposes for children under 13 or where we have actual knowledge that a child is under 13.

Aggregate or Anonymous Information.  We may take your personal information and aggregate or anonymize it 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.

  1. Sharing of Information

Our policy is to not share, sell, or rent your personal information to unrelated third parties without your consent.  We may, however, share the information we collect about you in limited circumstances including:

  • With D3Publisher, Inc. (our parent company) and our subsidiaries and affiliates;
  • With third parties who perform services on our behalf (e.g., we may use third parties to assist us with our targeted advertising efforts to adults and teens and to help us analyze our data so that we can better understand usage trends);
  • 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 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.
  1. Your Choices

D3Publisher only collects personal information from you when you voluntarily provide it to us or when you give us permission to access it (e.g., when you log in through Facebook). To manage the information that our Apps (and other apps) receive about you from social networks, you will need to update your privacy settings at the respective social network.  In your device settings, you can also manage certain information that you share with our Apps (and other apps), as well as block or manage push notifications.

If you wish to review, update, or delete any personal information we may have collected about you, please send us an email at [email protected].

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 Apps.  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

  1. 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, 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.comwww.webwatcher.com and www.sentrypc.com. We do not endorse these or other services and are not responsible for them.

  1. Security

D3Publisher maintains reasonable physical, electronic, and procedural safeguards to protect your information. Data is retained on a secure network, is encrypted or password-protected when in transit, and is only shared with necessary personnel. While we take reasonable precautions against possible security threats, no system can ever be 100% secure, so we cannot guarantee that unauthorized access, hacking, data loss, or other breaches will never occur.  We strongly recommend that you take steps on your own to maximize the security of your information.

  1. California Residents’ 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 (if any).  Currently, D3Publisher does not disclose personally identifiable information to third parties for their direct marketing purposes.

  1. 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 Apps.  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.

  1. 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


© 2005-2018 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 July 20, 2018

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 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.

 


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.


© 2005-2018 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.

Magic: The Gathering – Puzzle Quest:

END USER LICENSE AGREEMENT

Last updated July 20, 2018

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.

 

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.

 


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.


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.

Below you can view a list of cookies this website enables.

 

CookieTypeDurationDescription
__cfduidHTTP1 yearUsed by the content network, Cloudflare, to identify trusted web traffic.
__widgetsettingsHTMLPersistentMarketing cookies are used to track visitors across websites. The intention is to display ads that are relevant and engaging for the individual user and thereby more valuable for publishers and third party advertisers.
_gaHTTP2 yearsRegisters a unique ID that is used to generate statistical data on how the visitor uses the website
_gatHTTPSessionUsed by Google Analytics to throttle request rate
_gidHTTPSessionRegisters a unique ID that is used to generate statistical data on how the visitor uses the website
local_storage_support_testHTMLPersistentMarketing cookies are used to track visitors across websites. The intention is to display ads that are relevant and engaging for the individual user and thereby more valuable for publishers and third party advertisers.
NIDHTTP6 monthsRegisters a unique ID that identifies a returning user's device. The ID is used for targeted ads.
PHPSESSIDHTTPSessionPreserves user session state across page requests
r/collectPixel6 monthsThis cookie is used to send data to Google Analytics about the visitor's device and behavior. It tracks the visitor across devices an d marketing channels.
rc::aHTMLSessionMarketing cookies are used to track visitors across websites. The intention is to display ads that are relevant and engaging for the individual user and thereby more valuable for publishers and third party advertisers.
rc::bHTMLSessionMarketing cookies are used to track visitors across websites. The intention is to display ads that are relevant and engaging for the individual user and thereby more valuable for publishers and third party advertisers.