© 2005-2021 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 of 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.
Last updated March 24, 2021
Children & Parents
D3 Publisher of America, Inc.
15910 Ventura Blvd., Suite 800
Encino, CA 91436
You understand and agree that you use the Services at your own risk. We have the right to terminate your access and use of the Services at any time for any reason, including if you violate these Terms or otherwise create risk or possible legal exposure for us. Any unauthorized use of the Services is expressly prohibited and we may take any action we deem appropriate, which may include, without limitation, suspension or termination of your account, access to the Services, disqualification from current and future games, and termination of the licenses granted hereunder. The foregoing shall not limit or restrict our available remedies at law.
Access and Costs
We make no warranty that the Services can be accessed on all personal computers, games consoles, smartphones, tablets or other devices (each, a “Device”, or in the plural, “Devices”), by means of any specific Internet or other connection provider, or in all countries. You are solely responsible for any third-party costs you incur in order to use the Services and for making all arrangements necessary for you to have access to the Services.
The information provided within or in connection with the Services, including, without limitation, the D3Publisher Content (defined below), is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Services or any portion of the Services, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, Property or other feature that we provide.
Account Creation, Suspension and Deactivation
You are responsible for any activity that occurs in the real world and through your account. If available, we prohibit the creation of, and you agree that you will not create, an account for anyone other than yourself. You agree to update your information as necessary to maintain its truth, accuracy, and confidentiality.
You shall not select any username which falsely indicates or implies an association with us, is offensive, defamatory, vulgar, obscene, sexually explicit, racially, ethnically, or otherwise objectionable. You may not use a misspelling or alternative spelling to circumvent this restriction.
You are responsible for keeping your password secret and secure.
Social Media Accounts
We reserve the right, at any time, to change any fees or charges for any product or Service (or to begin charging fees for any free product or service), provided that such changes will not apply to fees or charges paid or free services used prior to the time of the change. YOU AGREE TO PAY ALL FEES AND APPLICABLE TAXES INCURRED BY YOU OR ANYONE USING THE SERVICES FROM YOUR DEVICE.
You may pay for certain Services and D3Publisher Content in the currency available to and selected by you using the methods made available to you, such as through a payment processor, and you agree to the terms and conditions applicable to such third party payment processor and each payment method you choose. By paying for Services or D3Publisher Content you (i) represent that you are authorized to use the payment method you have selected and that any payment information you provide is true and accurate; (ii) authorize the party charging you for the Services or D3Publisher Content to take payment from you for the Services or D3Publisher Content, using the payment method you have selected; and (iii) accept the terms of service and privacy policies of our third party payment processors.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE D3PUBLISHER AND EACH OF THE OTHER RELEASED PARTIES (DEFINED BELOW) FROM ANY CLAIMS OR DAMAGES OF ANY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, RELATING TO YOUR PAYMENTS BY AND THROUGH THE THIRD PARTY PROCESSOR. YOU AGREE, UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS.
D3Publisher Content and License
We reserve the right to modify or terminate the Services or your access to the Services for any reason, without notice, at any time, and without liability to you.
We do not guarantee that any Services or D3Publisher Content will be available at all times or at any given time or that Company will continue to offer the Property or D3Publisher Content for any particular length of time. Company may change and update the Services or D3Publisher Content without notice to you. Company makes no warranty or representation regarding the availability of any Services or D3Publisher Content features and reserves the right to modify or discontinue Services or D3Publisher Content features in its discretion without notice, including, without limitation, ceasing an online service for economic reasons due to a limited number of users continuing to make use of the online service over time. To the fullest extent permitted by applicable law (i) we and our licensors reserve the right to change, suspend, remove, or disable access to any Services or D3Publisher Content at any time without notice, and (ii) we will not be liable for the removal of or disabling of access to any Services or D3Publisher Content.
The Services may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the Services at any time, but we have no obligation to update any information on the Services. You agree that it is your responsibility to monitor changes to our site.
Pricing and Payments
All prices, discounts and descriptions made available on the Services are subject to availability, and may be withdrawn or revised at any time. While we try to be as accurate as possible in the descriptions regarding the products and Services, there may be errors in the information displayed to you. Prices may be indicated on the Services or an order acknowledgement, but the authoritative price in the event of any discrepancy, is the price in effect at the time of acceptance through the charge placed through your selected payment method. Payment shall be made by the payment method selected during your order completion process. We will charge credit or debit cards on dispatch or commencement of the product or Service. We reserve the right to verify and/or authorize credit or debit card payments prior to acceptance. For that reason, we reserve the right to notify you of any errors in product or Service descriptions or in the price prior to the dispatch. If the price is incorrect, regardless of whether it is an error in a price posted on the Services or otherwise communicated to you, then we reserve the right, at our sole discretion, to cancel your order and refund to you the amount that you paid, regardless of how the error occurred. Except as expressly provided elsewhere in these Terms, payment may be taken in full notwithstanding any claim for short delivery or defects.
We offer various payment methods on our Services, some of which are managed by third-party payment and billing providers for which additional terms and costs may apply. Please review such additional terms and costs carefully. You may also be required to create an account with such third-party provider. You agree that we may, at our sole discretion and without further notice, determine and change the availability of certain payment solutions, from time to time without any liability to you. We reserve the right to suspend and/or revoke your account and/or to restrict you from placing orders in the Services and/or to restrict you from using certain payment methods, if we reasonably suspect that you have undertaken (or are attempting/have attempted to undertake) a fraudulent transaction.
Unauthorized “chargebacks” (unwarranted or illegitimate refunds) violate these Terms, and players who engage in the practice will have their accounts removed from the game. Additional steps may also be taken at our discretion.
Rules of Conduct
1. You shall not participate in any activity that is in violation of any federal, state, or local law including without limitation, all regulatory, administrative and legislative authorities.
2. You shall not use the Services to develop, host, or distribute cheats, automation software (bots), modded lobbies, hacks, mods or any other unauthorized third-party software in connection with the Services, or engage in any form of cheating, boosting, or booting.
3. You shall not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Services or D3Publisher Content, any updates, or any part thereof (except as and only to the extent allowed by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the licensed application) for any commercial purpose, including, without limitation (a) to enable use at a cyber cafe, computer gaming center or any other location-based site without our express written consent; (b) for gathering in-game currency, items or resources for sale outside the Services; (c) performing in-game services in exchange for payment outside the Services, e.g., power-leveling; or (d) the sale of accounts, log-in information, or other Property materials, access, or rights.
4. You shall not disable, hack, circumvent or otherwise interfere with security related features of the Services or features that prevent or restrict use or copying of any D3Publisher Content or materials.
5. You shall not use any unauthorized third-party software that intercepts, “mines”, or otherwise collects information from or through the Services.
6. You must not interfere or disrupt the Services, D3Publisher Content, or servers or networks connected to the Services, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any service is rendered or displayed in any other user of the Services’ browser or device.
7. You shall not, except as authorized by us in writing, host, provide or develop matchmaking services for the Services, or intercept, emulate or redirect the communication protocols used by us in any way, for any purpose, including without limitation unauthorized play over the internet, network play, or as part of content aggregation networks.
8. You shall not destroy, interfere with or disrupt, or attempt to interfere with or disrupt (including scan, probe or test the vulnerability of), any web pages available on the Services, servers or networks connected to the Services or the technical delivery systems of our providers or break any requirements, procedures, policies or regulations of networks connected to the Services.
9. You shall not scrape, copy, aggregate, redistribute, alter, reproduce or re-use any user’s (whether specific to any particular user or as an aggregation) information accessible through the Services.
10. You shall not solicit, collect or use the login credentials or other confidential information of users.
11. You shall not defame, stalk, bully, abuse, harass, threaten, impersonate, bully, or intimidate people or entities and you must not post private or confidential information via the Services, including, without limitation, your or any other person’s credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
12. You shall not use the Services to defraud any user, including by scamming or social engineering;
13. You shall not use the Services to play on another user account thereby falsely boosting such account’s status or ranking;
14. You shall not partake in any behavior that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability.
15. You shall not create or submit unwanted email, comments or other forms of commercial or harassing communications (a/k/a “spam”) to any users.
16. You shall not create accounts with the Services through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
18. You shall not infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity.
19. You shall not upload any content to the Services which contains nudity, excessive violence, illegal drugs or use of alcohol, or other content which we may deem offensive, or any link to the foregoing content.
20. You shall not place bets, wagers, or engage in any form of betting or gambling activity on or in connection with the Services.
21. Without limiting the foregoing, you shall not use the Services for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Services and your Communications, including but not limited to, copyright laws.
Please be aware that your failure to abide by these Rules of Conduct shall, at all times, constitute a violation of these Terms, and if we learn of such acts, by any means, we may investigate or terminate your license to, access, or use of the Services as we may determine in our sole discretion. Notwithstanding, such actions are cumulative to those rights and remedies available to us at law.
Linked Sites and Third Party Websites
You may be able to link from the Services to third party websites and third party websites may link to the Services (each and collectively, “Linked Sites”). You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such websites or the information, content, products, services, code or other materials presented on or through such websites. The inclusion of any link to such sites on our Services does not imply our endorsement or recommendation of that site and we do not represent or warrant that the contents of any third party website is accurate, compliant with state or federal law, or compliant with copyright or other intellectual property laws. Any access to or reliance on the contents of a third party website is done at your own risk.
Feedback and Comments
User Generated Content
You represent and warrant that any UGC you provide (i) does not and will not violate any third party intellectual property rights and/or any other person’s rights, including, without limitation, any privacy rights and/or so-called “moral rights”; and (ii) its use as contemplated herein does not and will not require the payment of any royalty or any consideration to a third party. You may not upload or post any UGC that infringes the copyright, trademark or other intellectual property rights of a third party nor may you upload any UGC that violates any third party’s right of privacy or right of publicity, or may require the payment of a royalty or other consideration to a third party. You are responsible and liable for any UGC you place on or through the Services, including the transmission, posting, or other provision of text, files, links, software, photographs, video, sound, music or other information or material. You may only upload your own UGC to the Services; do not upload anyone else’s UGC. We do not endorse nor assume any liability for the contents of any UGC.
We have no obligation to monitor, approve, verify, or prescreen any UGC that you and other users may contribute to or through the Services. We reserve the right (but have no obligation) to remove, block, edit, move or disable UGC for any reason. To the maximum extent permitted by applicable law, we do not assume any responsibility or liability for your UGC or that of other users, or for any failure to monitor, edit, or remove UGC. You agree that you shall not hold us liable for any loss or damage arising from the contents of any UGC (yours or another user’s) including without limitation in respect of any defamation, harassment, or false endorsement claims.
We may monitor the use of the Services for a variety of purposes, including to prevent cheating or hacking, improve the services provided in connection with the Services and D3Publisher Content, and monitor your and user behavior for any violation of these Terms of Services. Notwithstanding, nothing herein shall be construed to obligate us to monitor and police the Services, and we have no liability to you in connection with your use of the Services.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES, COMPANY CONTENT, UGC (INCLUDING COMMUNICATIONS), FUNCTIONS, AND ALL OTHER MATERIALS PROVIDED OR DISPLAYED THROUGH THE SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS AND NEITHER D3PUBLISHER NOR ITS PARENT COMPANY, SUBSIDIARY COMPANIES, LICENSORS, AFFILIATES, NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”) WARRANTS THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ALL OF THE D3PUBLISHER CONTENT OR OTHER INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICES WILL BE ACCURATE, COMPLETE, OR USEFUL. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION AS TO INFORMATION, DATA, DATA PROCESSING, UPTIME OR UNINTERRUPTED ACCESS, THE AVAILABILITY, USABILITY, ACCURACY, PRECISION, CORRECTNESS, COMPLETENESS, OR USEFULNESS, SECURITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO US OR VIA THE SERVICES.
BY ACCESSING OR USING THE PROPERTY YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICES.
THE RELEASED PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE RELEASED PARTIES SHALL NOT BE LIABLE IN ANY WAY FOR DAMAGE OR LOSS OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (A) THE USE OF OR INABILITY TO USE THE SERVICES INCLUDING WITHOUT LIMITATION LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION; (B) THE LOSS OR DAMAGE TO CHARACTERS, ACCOUNTS, STATISTICS, INVENTORIES, VIRTUAL GOODS, OR USER PROFILE INFORMATION; (C) INTERRUPTIONS OF SERVICE INCLUDING WITHOUT LIMITATION ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES, FAILURES OF ANY THIRD PARTY BILLING SOLUTIONS OR OTHER SERVICES, OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE; (D) THE PROPERTIES; (E) THE D3PUBLISHER CONTENT; (F) UGC (INCLUDING COMMUNICATIONS); (G) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICES; (H) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE RELEASED PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE SERVICES; (I) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (J) ANY ERRORS OR OMISSIONS IN THE SERVICES’ OPERATION; OR (K) ANY DAMAGE TO ANY USER’S OR THIRD PARTY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE PROPERTY) .
IN NO CASE SHALL D3PUBLISHER’S AGGREGATE LIABILITY EXCEED THE AMOUNT THAT YOU PAID TO US DURING THE TWELVE (12) MONTHS PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE.
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF OUR ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE RELEASED PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, OR OTHER CONTENT OWNED OR CONTROLLED BY THE RELEASED PARTIES.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, OR OTHER TYPES OF DAMAGES, IN SUCH STATES OR JURISDICTIONS, YOU MAY HAVE DIFFERENT OR ADDITIONAL RIGHTS ACCORDING TO THE APPLICABLE LAWS OF COUNTRY FROM WHICH YOU VALIDLY ACQUIRED AND USE THE SERVICES AND IN WHICH CASE THE LIABILITY OF D3PUBLISHER AND ITS AFFILIATES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
BY ACCESSING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, THAT IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
D3PUBLISHER IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
Jurisdiction and Applicable Law
Last updated February 17, 2021
TABLE OF CONTENTS
We encourage you to review the privacy policies of these third parties.
2 – Collection and Use of Information
When you use the Services, we may collect and use certain information about you. “Personal Information” is information that can be used to identify you (whether alone or in combination) such as your first and last name, email address, zip code/post code, billing address, shipping address, phone number, age, date of birth, and social media handles. More specifically, when you use the Services, we may collect the following information:
A “cookie” is a small computer file that is sent to your computer when you visit a website. “Process Cookies” are cookies that help our Sites to function properly and assist in navigating pages and accessing Services. Without these cookies, the Sites may not function properly. “Session State Cookies” are cookies that collect information about how you interact with our Sites. This may include the page you visit most often and whether you get error messages from certain pages. These cookies help improve your browsing experience, but blocking or deleting these cookies will not render the Sites unusable. When you visit a Site again, the cookie allows that Site to recognize your browser. You can reset your browser to refuse all cookies or to indicate when a cookie is being sent. Keep in mind, however, that some Site features or services may not function properly without cookies.
A pixel tag is a type of technology placed on a website or within the body of an email. We use pixel tags to track activity on our Sites, and to determine when our emails are opened or accessed. We use pixel tags in combination with cookies.
If your device stores Flash LSOs, and if you do not want Flash LSOs stored on your device through which you access the Sites, you can adjust the settings of your Flash player to block Flash LSO storage using the tools contained using the Website Storage Settings Panel. You can also control Flash LSOs by going to the Global Storage Settings Panel and following the instructions (which may include instructions that explain, for example, how to delete existing Flash LSOs (referred to as “information” on the Macromedia site), how to prevent Flash LSOs from being placed on your device without you being asked, and (for Flash Player 8 and later) how to block Flash LSOs that are not being delivered by the operator of the page you are on at the time. Please note that setting the Flash Player to restrict or limit acceptance of Flash LSOs may reduce or impede the functionality of some Flash applications, including, potentially, Flash applications used in connection with the Sites. We expect Service Providers and technology suppliers to honor any decision by you to restrict or limit Flash LSOs, but cannot guarantee that they will do so.
The Cookies and similar technologies used on our Sites can be found HERE.
Our Apps include third-party software development kits (“SDKs’) and similar tools that we use for advertising, analytics and to support the internal operations of the Apps. If you prefer for information not to be used for targeted advertising, please see Your Choices in Section 6 below.
The third-party tools used in our Apps are:
Helpshift – To provide customer service.
LabCave – Collects device level data in order to serve advertisements to the player.
Google Play Service and Apple Game Service – A tool to save your game data.
Mixpanel – A program to review user habits and game analytics and to assist with customer service account review.
DeltaDNA – A program to review user habits and game analytics and to assist with customer service account review.
Redash – A program to review user habits and game analytics and to assist with customer service account review.
Pubnub – A system to assist with player chat.
AppsFlyer – An attribution tool that helps optimize advertising campaigns.
Facebook – Not required but if selected, players can use the tool to save their game data.
5 – Use and Sharing of Information
We primarily use the information we collect from you to provide you access and use of our Services and to fulfill your requests. Our policy is to not sell your personal information to any third parties without your consent. We use and share the information we collect about you in limited circumstances including:
6 – Your Choices
As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.
You can opt out of targeted advertising by using the links below:
– Facebook: https://www.facebook.com/settings/?tab=ads
– Google: https://www.google.com/settings/ads/anonymous
– Microsoft: https://privacy.microsoft.com/en-us/privacystatement
– Amazon: https://www.amazon.com/adprefs
Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.
On your mobile device, enable the “Limit Ad Tracking” setting in your iOS phone’s settings, or the setting to “Opt out of Ads Personalization” in your Android phone’s settings. To opt-out of location tracking when using the Services, you can use the settings of your device. You can disable mobile analytics and bug reporting through these same settings as well. For more information about analytics and advertising cookies and how you can opt out, you can visit the Network Advertising Initiative’s opt-out page found at http://optout.networkadvertising.org/?c=1, the Digital Advertising Alliance’s opt-out page found at http://optout.aboutads.info/?c=2&lang=EN, or EDAA’s Your Online Choices page found at http://www.youronlinechoices.com/.
This information may be retained by us for as long as the information is needed for its useful purposes, such as maintaining a functional game environment. We will review information collected on a periodic basis and remove any information that no longer is needed for its required purposes. An example of this is for retaining information that allows us to improve future in-game activities using past usage information.
You may choose to subscribe to promotional emails about our Services. If you wish to unsubscribe from receiving future promotional emails you may do so by doing any one of the following: (i) following the “unsubscribe” instructions in the email you received; (ii) emailing our customer support team at [email protected]; or (iii) writing to us at the following address:
D3Publisher of America, Inc.
15910 Ventura Blvd., Suite 800
Encino, CA 91436
ATTN: Customer Support – Unsubscribe
7 – Children’s Privacy
We do not intend to collect personal information as defined by the U.S. Children’s Online Privacy Protection Act (“COPPA”) (“Children’s Personal Information”) in a manner that is not permitted by COPPA. If you are a parent or guardian and believe we have collected Children’s Personal Information in a manner not permitted by COPPA, please contact us at the address listed below (Attention: Legal) and we will remove such data to the extent required by COPPA.
If parents believe that we have unintentionally collected their child’s personal information, they should contact us to request the deletion of the information:
D3 Publisher of America, Inc.
15910 Ventura Blvd., Suite 800
Encino, CA 91436
8 – Security
We have implemented measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration, and disclosure. Notwithstanding, the safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out Personal Information in public areas of the Services like forums. The information you share in public areas may be viewed by any user.
We restrict access of Personal Information to our authorized personnel, employees, Service Providers, and agents who need to know that information in order to operate, innovate, and deliver our Services. Personal Information will only be disclosed to those third parties for the purpose of administering our Services in accordance with the uses as outlined herein.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your Personal Information transmitted to our Services. We cannot guarantee that unauthorized third parties will not gain access to your Personal Information; therefore, any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures in connection with the Services.
9 – California Residents’ Privacy Rights
California Civil Code Section 1798.83 permits our customers who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes (if any). Currently, D3Publisher does not disclose personal information to third parties for their direct marketing purposes. If you have any questions about our disclosure practices, please contact us:
D3Publisher of America, Inc.
15910 Ventura Blvd., Suite 800
Encino, CA 91436
Attn: Shine the Light Law
Categories of Personal Information Collected
In the chart below, we identify each category of personal information that we have or have not collected about our users in the last 12 months, the purpose(s) for which it was collected; and the categories of third parties, if any, with which it has been shared.
|Category of Personal Information||Reason for Collecting and/or Sharing||Categories of Third Parties||Collected or Disclosed in past 12 months|
|Common identifiers This includes a name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, and other similar identifiers.||Provision of Services; Comply with legal obligations; marketing; sweepstakes and contest administration; information security; Services management.||Information technology and security providers; payment processor; marketing services providers.||Collected and disclosed|
|Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). This includes, among other things, a name, signature, address, telephone number, passport number, and driver’s license or state identification card number. Note that this category of information overlaps to some extent with the “Common Identifiers” category.||Provision of Services; Comply with legal obligations; marketing; sweepstakes and contest administration; information security; Services management.||Information technology and security providers; payment processor; marketing services providers.||Collected and disclosed|
|Protected classification characteristics under California or federal law. This includes: Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).||User admission||Not applicable||Collected but not disclosed.|
|Commercial information. This includes: Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.||Not collected||Not applicable||Not applicable|
|Biometric information. Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.||Not collected||Not applicable||Not applicable|
|Internet or other similar network activity. Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.||Services management and marketing||Web-hosting and marketing support vendors||Collected and disclosed|
|Geolocation data. Physical location or movements. (This does not include general location data.)||Not collected||Not applicable||Not applicable|
|Sensory data. Audio, electronic, visual, thermal, olfactory, or similar information.||Not collected||Not applicable||Not applicable|
|Professional or employment-related information. Current or past job history or performance evaluations.||To evaluate, recruit, and hire personnel||Not shared||Collected; not disclosed to third parties|
|Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)). Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.||Not collected||Not applicable||Not applicable|
|Inferences drawn from other personal information. Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.||Not collected||Not collected||Not collected or disclosed|
If you are a California resident and we know you are under 16 years of age, we will not sell, rent, release, disclose, disseminate, make available, transfer, or otherwise communicate to any other business or third party for monetary or other valuable consideration your personal information.
Rights of California Residents
Right to Know: If you are a California resident, you may submit, free of charge, but no more than twice in a 12-month period, a verifiable request for the following information:
If possible, we will provide this information to you in a readily usable format that allows transmission to another entity.
Right to Delete: If you are a California resident, you may submit a verifiable request for us to delete any personal information we have collected about you. To submit a request, please email us at [email protected] or mail to D3Publisher of America, Inc., 15910 Ventura Blvd., Suite 800, Encino, CA 91436, Attn: Legal.
Within 10 business days of receipt, we will confirm receipt of your request. We will provide a substantive response within 45 calendar days, unless we need more time, in which case we will notify you. If we need additional information to verify your identity, we will contact you to request that information. If we are not able to verify your identity, we will deny your request to delete. If we deny your request, even if only in part, we will explain the reason in our response, and we will ask if you would like to opt out of the sale of your personal information. In either case, we will maintain a record of your request and our response.
Right to Opt-Out: At any time, you may tell us not to sell, rent, release, disclose, disseminate, make available, transfer, or otherwise communicate to another business or third party for monetary or other valuable consideration your personal information. You may make this request by emailing us at [email protected] or mailing a letter to us at D3Publisher of America, Inc., 15910 Ventura Blvd., Suite 800, Encino, CA 91436, Attn: Legal.
Right to be Free from Discrimination: We may not discriminate against you because you have chosen to exercise your rights, including, for example, by denying you access to our online services or charging you different rates or prices for the same online services, unless that difference is reasonably related to the value provided by your data.
Exercising Your Rights: To submit a verifiable request or to otherwise contact us for more information about how to exercise your rights, please follow the instructions above. To exercise your opt-out right, please click the link above.
If you would like to designate an authorized agent to make a request on your behalf, you must (i) provide the agent signed permission to do so, (ii) provide proof of your identity, and (iii) directly confirm you provided the authorized agent permission to submit the request. If we do not receive the above, we will deny the request.
If you have any questions or concerns about our privacy policies or practices, please contact us:
D3Publisher of America, Inc.
15910 Ventura Blvd., Suite 800
Encino, CA 91436
10 – International Visitors
The Services are hosted and operated in the United States (“US”) and elsewhere in the world. By using the Services, you are consenting to the transfer of your personal information to the US. If you are accessing the Services from outside the US, please be advised that US law may not offer the same privacy protections as the law of your jurisdiction.
If you are a data subject in the European Economic Area (“EEA”), you have the right to access, rectify, or erase any personal data we have collected about you. You also have the right to data portability and the right to restrict or object to our processing of personal data we have collected about you. You may withdraw your consent at any time for any data processing we do based on consent you have provided to us. To exercise any of these rights, contact us as set forth in the section “Contact Us” below and specify which right you intend to exercise. We will respond to your request within 30 days. We may require additional information from you to allow us to confirm your identity. Please note that we may store information as necessary to fulfill the purposes for which it was collected, and may continue to retain and use the information even after a data subject request for purposes of our legitimate interests, including to comply with legal obligations, resolve disputes, prevent fraud, and enforce agreements. Personal data collected within the European Union and Switzerland may be transferred and processed by third parties located in a country outside of the European Union and Switzerland. In such instances, we will ensure that the transfer of your personal data is carried out in accordance with applicable privacy laws. If you have any issues with our compliance, you have the right to lodge a complaint with an EEA supervisory authority.
11 – Amendments
12 – Questions or Comments
D3Publisher of America, Inc.
15910 Ventura Blvd., Suite 800
Encino, CA 91436
Please be assured that any personal information that you provide in communications to the above email and postal mail addresses will not be used to send you promotional materials, unless you request it.
As mentioned above, D3Publisher is a licensee of the ESRB’s Privacy Certified Program. If you believe that we have not responded to your inquiry or your inquiry has not been satisfactorily addressed, please contact ESRB at http://www.esrb.org/privacy/contact/ or by email at [email protected]
OFFICIAL CONTEST RULES – MARVEL PUZZLE QUEST COMIC GIVEAWAY
1. HOW TO ENTER: No purchase or payment of any kind is necessary to enter or win this Marvel Puzzle Quest Comic Giveaway (the “Promotion”). Any purchase or payment will not increase your chance of winning the Promotion. The Promotion begins on March 12, 2021 and ends December 31, 2021. Throughout this period, you may enter the Promotion by following the instructions of each Facebook post on https://www.facebook.com/MarvelPuzzleQuest/ (each a “Post”), which may consist of following specified accounts, double tapping/liking and adding a comment featuring the answer to the respective trivia question corresponding to the static, in-feed Post within 48 hours of the Post (each and collectively, a “Promotion Period”). Make sure your settings are public so we can confirm you’ve properly entered during the relevant Promotion Period. Alternatively, you may submit your answer during the respective Promotion Period via email to [email protected]; please include “MPQ Comic Giveaway Trivia Answer” in the subject line and the trivia answer in the body of the email. Online entry or email entry is the only method of entry. Limit 1 entry per person per Promotion Period.
Incomplete, false or deceptive entries are void. Winner(s) will be picked and announced by Facebook via the comments of the original post on @MarvelPuzzleQuest within 2 days following the end of the applicable Promotion Period from all entries received during the corresponding Promotion Period. D3Publisher of America, Inc.’s (“D3 Go!”) computer will serve as the official time keeping device for this Promotion. All entries submitted may be re-posted by D3 Go! on any D3 Go! owned and operated websites, blogs and social media channels and will not be acknowledged except the Winner as defined and as set forth below.
2. ELIGIBILITY: The Promotion is open to residents of the 50 United States and the District of Columbia, and 18 or older as of March 12, 2021. Employees of D3 Go!, Marvel Entertainment LLC (“Marvel”), and the Walt Disney Company (“Disney”) and their respective parent companies, subsidiaries, affiliates, employees, officers, directors, vendors, clients (collectively, “Promotion Entities”), and each of their immediate families and members of their households are ineligible to participate in this Promotion. Void where prohibited.
3. SELECTING THE WINNER AND NOTIFICATION: 5 potential prize winners will be selected by at random drawing after compiling all eligible entrants for each Promotion Period (each an “Entrant” and collectively the “Entrants”). D3 Go!, whose decision is final and binding in all respects, will contact the selected Entrant through Facebook message or email (“DM”) on or about that specified date and time set forth in Section 1 (“Potential Prize Winner”). Odds of winning the Prize (defined below) depend on the number of eligible entries received from Entrants during the applicable Promotion Period. Failure of Potential Prize Winner to respond to such notification within 72 hours will result in disqualification of Potential Prize Winner and an alternate potential winner will be selected (“Alternative Potential Winner”). Alternate Potential Winner shall be contacted via DM as soon as practicable and shall also have 72 hours to respond. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED, AND ENTRANT HAS BEEN NOTIFIED VERIFICATION IS COMPLETE (each a “Winner”). By entering this Promotion, Entrant accepts and agrees to these Official Rules and the decisions of D3 Go!, which shall be final in all matters.
Any applicable federal, state and local taxes and liabilities arising from this Promotion, including, without limitation, excise tax (including sales tax), and other expenses not specifically set forth herein are the sole responsibility of the Winner. Winner shall provide, upon D3 Go!’s request, all available information that D3 Go! may reasonably require to fulfill its obligations under any national, state, provincial, or local tax statute, regulation, or rule. Winner acknowledges that D3 Go! will rely upon such information to prepare all relevant tax materials, if any, including the Internal Revenue Service form 1099.
5. RELEASE: This Promotion is subject to all applicable federal, state and local laws of the United States. By participating, Entrants agree to be fully and unconditionally bound by these Official Rules and the decisions of D3 Go! and waive any and all right to claim ambiguity in the Promotion or these Official Rules or that Entrants’ publicity or similar rights were infringed upon. Entrants and Winners also agree to release, discharge, indemnify and hold harmless D3 Go!, the Promotion Entities, Facebook, and each of their respective officers, directors, employees, representatives and agents (collectively, the “Released Parties”) from and against any claims, damages, disability, attorneys’ fees, and costs of litigation and settlement in connection with this Promotion, as well as any liability due to any injuries, damages or losses to any person (including death) or property; or of any acceptance, possession, ownership, misuse of any Prize. D3 Go! may rescind any Promotion found to contain such errors without liability at its sole discretion.
D3 GO! AND THE PROMOTION ENTITIES DO NOT MAKE ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE USE OF ANY PRIZE OR, IF APPLICABLE, ANY PRIZE COMPONENTS, INCLUDING, WITHOUT LIMITATION, QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, NO RESPONSIBILITIES ARE ACCEPTED FOR ANY ADDITIONAL EXPENSES, OMISSIONS, DELAYS OR ACTS OR GOVERNMENT OR AUTHORITY.
Each Entrant and Winner understands and agrees that all rights under Section 1542 of the California Civil Code and similar law of any state or territory of the United States are hereby expressly waived. Said section reads as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
6. LIMITATION OF LIABILITY: The Released Parties are not responsible for: (1) lost, late, misdirected, undeliverable or incomplete entries due to system errors or failure, or faulty transmissions or other telecommunications malfunctions and/or entries; (2) technical failures of any kinds; (3) failures of any of the equipment or programming associated with or utilized in the Promotion; (4) unauthorized human and/or mechanical intervention in any part of the entry process or the Promotion; (5) technical or human error which may occur in the administration of the Promotion or the processing of entries; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or part, from Entrant’s participation in the Promotion or receipt or use of any Prize. If for any reason an Entrant’s entry is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, Entrant’s sole remedy is another entry in the Promotion. If for any reason this Promotion is not capable of running as planned, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, or any other causes beyond the reasonable control of D3 Go! which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion, then D3 Go! reserves the right at its sole discretion to cancel, terminate, modify, or suspend all or any part of the Promotion and to select potential winners from among all eligible entries received by D3 Go! up until the time of such cancellation, termination, modification or suspension, as applicable. By entering this Promotion you are giving your permission to receive emails from D3 Go!
To the extent permitted by applicable law, all judgments or awards shall be limited to actual out-of-pocket damages (excluding attorneys’ fees) associated with participation in this Promotion and shall not include any indirect, punitive, incidental and/or consequential damages.
7. JURY TRIAL WAIVER: EXPECT AS PROHIBITED BY LAW AND AS A CONDITION OF PARTICIPATING IN THIS PROMOTION, ENTRANT HEREBY WAIVES ANY RIGHT HE/SHE MAY HAVE TO A TRIAL BY JURY IN RESPECT TO ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS PROMOTION, ANY DOCUMENT OR AGREEMENT ENTERED INTO CONNECTION HEREWITH AND ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY.
8. APPLICABLE LAWS AND JURISDICTION. This Promotion is subject to all applicable federal, state, and local laws and regulations. Issues concerning the construction, validity, interpretation and enforceability of these Official Rules for this Promotion shall be governed by the laws of the State of California, without regard to any principles of conflict of laws. All disputes arising out of or connected with this Promotion will be resolved individually, and without resort to class action, exclusively by a state or federal court located in Los Angeles, CA. Should there be a conflict between the laws of the State of California and any other laws, the conflict will be resolved in favor of the laws of the State of California.
10. NO ASSOCIATION: This Promotion is in no way sponsored, endorsed or administered by or otherwise associated with Marvel or Disney (or their affiliates), Facebook, or any third party brands featured in each Prize.
11. RULES/WINNERS LIST: For the name of the Prize Winner please watch Facebook via the comments of the original post on the date it’s announced pursuant to the schedule set forth above or send an email to [email protected] In the subject of the email, type “MPQ WINNER’S LIST- 2021.”
This content is blocked. Accept cookies to view the content.