1. Agreement to Terms
By using our Services, you agree to be bound by these Terms and by our Privacy Policy. If you don’t agree to these Terms and our Privacy Policy, do not use the Services. We may modify these Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Site or through other communications. It’s important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Services anymore.
2. Who May Use the Services
2.1. Eligibility
You may use the Services only if you are 16 years or older (or such other minimum age as required by applicable law in your jurisdiction) and are not barred from using the Services under applicable law. If you are under the age of 18, or under the age of majority where you live, you represent that your legal guardian has reviewed and agreed to these Terms. Parents and guardians are jointly and severally liable for all acts (including purchases and payments) and omissions of their children when using the Services.
2.2. Account Registration and Security
To access certain features of the Services, you may be required to register an account. You agree to provide accurate and complete information and to keep it updated.
You are responsible for safeguarding your account credentials and for all activities under your account. We are not liable for any loss arising from unauthorized use of your account.We reserve the right to suspend or terminate accounts that are inaccurate, fraudulent, or violate these Terms.
3. Privacy Policy
Please refer to our Privacy Policy available at https://dragonstonelegends.com/privacy-policy/ how we collect, use and disclose information from you, and your device. By using our Services, you acknowledge that you have read and our Privacy Policy.
4. Rights and Terms for Apps
4.1. License Grant
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, on-sublicensable, and revocable license to download and install a copy of the App on a mobile device that you own or control and to run such copy of the App solely for your own personal non-commercial entertainment purposes.
4.2. Restrictions
Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means. We reserve all rights in and to the App not expressly granted to you.
You acknowledge that you do not acquire any ownership rights by using the Services or downloading the App.
5. General Prohibitions and Our Enforcement Rights
You agree not to do any of the following:
- Post, upload, publish, submit or transmit any material that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.
- Use, display, mirror or frame the Services or the Content or any individual element within the Services, our name, any of our trademarks, logo or other proprietary information, or the layout and design of any page or form contained on a page, without our express written consent;
- Access, tamper with, or use non-public areas of the Services, our computer systems, or the technical delivery systems of our providers;
- Attempt to probe, scan or test the vulnerability of any of our systems or networks or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Services;
- Attempt to access or search the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by us or other generally available third-party web browsers;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Use any meta tags or other hidden text or metadata utilizing our trademark, logo URL or product name without our express written consent;
- Use the Services, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mailbombing the Services;
- Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity.
- Violate any applicable law or regulation; or
- Encourage or enable any other individual to do any of the foregoing.
- Use, develop, or distribute unauthorized third-party software, including but not limited to 'bots', 'hacks', 'mods', 'macros', 'trainers', or any other programs that intercept, emulate, or redirect any communication between the Services and us, or that modify gameplay or game experience for any competitive advantage.
- "Exploit, share, or inform other users of any game errors, glitches, or design flaws (commonly known as 'bugs') that provide an unintended advantage or unintended access to Virtual Items or Services.
We reserve the right, but are not obligated, to remove or disable access to any Services, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any activity to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
6. Fees and Payment
6.1. Virtual Items
We may license to you certain virtual goods. Virtual Items are licensed to you on a limited, personal, non-transferable, non-sublicensable and revocable basis solely for non-commercial use.
within the Services. Virtual Items have no “real world” value and cannot be redeemed for real money.
Refund Policy: Subject to mandatory local legislation, all purchases of Virtual Items are final and non-refundable. For EU users, you expressly consent that the performance of the service( provision of Virtual Items)begins immediately upon purchase and you acknowledge that you thereby lose your right of withdrawal.
6.2. Subscriptions
Some parts of the Service are billed on a subscription basis (“Subscription(s)”). Subscription provides access to dynamic content or services from within the Game on an ongoing basis. Subscriptions may be available at different fees chargeable for a set period of time specified in the Game (“Subscription Period”). Payment will be taken from your iTunes or Google Play account (“Account”) when you confirm the Subscription by available confirmation tools of the Game.
Trial Subscription is offered free of charge for certain period of time from activation specified in the relevant offer in the Game. If you do not cancel the Subscription within such period, Subscription Fee shall be taken from your Account when the trial period expires. Please note that your Subscription begins immediately after the activation of a trial Subscription, not after the seven-days trial period. You may cancel a subscription during its free trial period using the Subscription setting of your Account. We cannot cancel your free-trial subscription if it has already been activated.
Subscription is automatically renewable, unless you turn off it at least 24 hours before the expiry of the current Subscription. Subscription Fee shall be taken from your Account during 24 hours preceding the expiry of the current Subscription. In case Subscription Fee cannot be taken from your Account due to absence of monetary funds, invalidity of credit card or for any other reasons, your Subscription is automatically cancelled.
Once you have bought a Subscription, you can manage it and switch off automatic renewal at any time after the purchase in your Account setting. You cannot cancel your current Subscription if it has already been activated.
Except when required by law, paid Subscription Fees are non-refundable.
We in its sole discretion and at any time may modify the Subscription Fee. Any Subscription Fee change will become effective at the end of the current Subscription period. You will be provided a reasonable prior notice of any change in Subscription Fee. If you do not take action to agree to the increase in Subscription Fee, your Subscription shall expire at the end of the current Subscription period.
You acknowledge and agree that all billing and transaction processes are handled by App Store or Google Play, from which platform you downloaded the App, and are governed by their terms and conditions. If you have any payment related issues, then you need to contact App Store or Google Play directly.
7. Links to Third Party Websites or Resources
The Services and Apps may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
8. Apple
If you use the Services on an Apple device, then you agree and acknowledge that: - Apple, Inc. bears no duties or obligations to you under the Terms, including, but not limited to, any obligation to furnish you with maintenance and support with respect to the Services;
- You will have no claims, and you waive any and all rights and causes of action against Apple with respect to the Services or the Terms, including, but not limited to claims related to maintenance and support, intellectual property infringement, liability, consumer protection, or regulatory or legal conformance;
- Apple and Apple’s subsidiaries are third party beneficiaries of the Terms. Upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
Export Control. You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
9. Termination
We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you, if:
- You violate these Terms;
- We detect fraudulent or abusive behavior;
- Required by law or regulatory authority.
Upon any termination, discontinuation or cancellation of Services or your account, your license to use the App and Virtual Items will immediately cease. all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.
10. Warranty Disclaimers
THE SERVICES AND CONTENT ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.
11. Indemnity
You will indemnify us and hold us harmless including our affiliated entities and their and its officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal fees arising out of or in any way connected with (i) your access to or use of the Services or Content or (ii) your violation of these Terms.
12. Limitation of Liability
To the maximum extent permitted by applicable law, neither we nor any other party involved in the creation, production or delivery of the Services or Content shall be liable for any incidental, special, exemplary or consequential damages, including lost profits, data or commercial Loss of reputation, service interruption, computer damage or system failure or costs for substitute services arising out of or in connection with these Terms or arising out of the use or inability to use the Services or Content, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether we have been advised of the possibility of such damages, even if the limited remedies set forth herein are found to have failed of its essential purpose. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OUR TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO US FOR USE OF THE SERVICES, IF ANYTHING.
13. Time Limitation on Claims
TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE; OTHERWISE, SUCH CLAIM IS PERMANENTLY BARRED.
14. Dispute Resolution
Most disputes can be resolved by contacting our Customer Support at [email protected].
CLASS ACTION WAIVER: TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
15. Governing Law and Venue
These Terms and any action related thereto will be governed by the laws of the Hong Kong Special Administrative Region of the People's Republic of China without regard to its choice of law or conflict of law principles. Further, you and we agree to submit any dispute, claim, or controversy that relates to or arises in connection with the Services to the Hong Kong International Arbitration Centre (HKIAC) for arbitration, administered in accordance with the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted, the seat of arbitration shall be Hong Kong, and the arbitral award shall be final and binding.
16. General Terms
These Terms constitute the entire and exclusive understanding and agreement between us and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between us and you regarding the Services and Content. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by us under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by our duly authorized representative. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
17. Contact
If you have any questions about these Terms or the Services, please contact us at [email protected]