PRIVACY POLICY

 

D-Games LTD (hereinafter referred to as “Company") respects the privacy of anyone who uses our games, mobile applications, game portals, game forums, gaming chats, website https://d-games.online  (hereinafter referred to as "Website"), digital content and any related services overall (hereinafter referred to as "Services").

This Privacy Policy was created to inform you about the types of information we collect, the methods of using it (including potential ones), and the technologies for its collection and processing.

 

When using any Services of the Company, the user fully agrees to all terms of this Privacy Policy, assumes the duty to comply with the Privacy Policy, and explicitly consents to the use his/her information in accordance with the Privacy Policy.

 

The Company reserves the right to, at its own discretion, update the Privacy Policy at any time by posting a new version on the Website https://d-games.online. In order for the user to be always informed and aware of all changes, the user is strongly recommended to periodically check and read this Privacy Policy.

 

  1. Information / Data the Company collects.

Information (hereinafter referred to as "Data") received by the Company includes collected data, with which the Company can not uniquely identify any user as an individual. The company may use third-party tools or software to automatically collect and use certain Data. Types of Data that the Company may collect and use include, but are not limited to:

 

It is quite possible that users, at their own discretion, without notice to the Company, provide information with which the user can be identified in general, including the user's name, email address, phone number, photo and other images, gender, date of birth, address, etc.

 

The Company does not check and cannot verify the correctness or reliability of any user data.

 

The Company may collect Data that users share with them and Data that the Company gets from user’s use of Services, including Data that may be accessible via a third party platform, web application or any other service.

Company may use user’s email address to contact the user to ask for their opinion about the Services and to inform user about Company’s new and special offers. User’s email may be used to send the user any goods or merchandise as promotional items. If user no longer wishes to receive such promotional materials, such user can at any time opt out of receiving it by sending an email to the Company.

 

  1. Reasons why the Company collects Data.

The Company uses Data in its entirety for the purpose of management and provision of Services and products, taking into account the available functionality, as well as for analyzing the use of the Services. Information also helps the Company to improve the quality of its Services and products, personalize communication and advertising.

 

  1. Disclosure and Transfer of Data.

The Company may use the collected Data to analyze the use of the Services, place advertising, manage and provide Services and products. For these purposes, the Company may disclose Data to partners with whom the Company has contractual obligations and / or which have their own specific service technologies or payment services. Payment service providers have the right to process Data for the purpose of providing payment acceptance services whenever the user purchases any of the Services. In particular, the Company can trust the processing of information on payment methods to payment systems of third parties that comply with the Payment Card Industry Data Security Standards. The User is aware and agrees that the analysis carried out by the Company's partners can combine the collected Data with other information that they independently collected through other services or products related to the user's activities. These partners collect and use information according to their own privacy policies. They can not use custom Data for their own marketing purposes.

 

    The Company may also disclose Information to third parties in the event that the Company has reason to believe that disclosure is necessary to eliminate potential or actual damage to or infringement of the intellectual property of the Company and its affiliated companies, operations, users or others who may suffer damage or if the Company realizes that such disclosure is necessary to protect the rights of the Company and its affiliated companies to fight fraud and/or execute a judicial decision in the judicial field or through

legal processes which the Company or its affiliates are parties of.

 

    The Company has the right to disclose the Data in response to a legal request, for example, in response to a court decision. The company may also disclose such information in response to a request from the Office of Law Enforcement or if the Company believes that it is necessary to investigate, prevent or take action against illegal activities, suspected fraud, situations of potential threats to the physical security of any individual, violations of our terms and in the case of other necessities provided by law.

 

    The Company may transfer User Data in cases when the Company or one of its divisions is acquired, sold or merged with another company.

 

By accepting this Privacy Policy, the user agrees that his/her non-personal data, such as information about user devices, user ID, information about the user's activities in the game or use of other Company Services, information about advertising that the user looked at, browsed or advertising links the user followed, or other interactions of the user with advertising (for example, information about conversions), information about user applications, network information and information about the title can be collected and processed by the following companies:

  1. User profile settings.

When creating his/her own profile in the Services, each user has the ability to manage personal profile settings, including changing the appearance of a personal profile, adding necessary information to the profile, but is not limited to them.

 

As of the effective date of this Policy, Apple, Google and Amazon allow device owners who use their operating systems and / or iOS and Android platforms to limit their tracking and targeting to advertising. The company does not control the denial processes at the level of user devices and is not responsible for any choice of users through such mechanisms or for the continued availability, accuracy, efficiency or location of these mechanisms. Using device-level denial mechanisms can separate a user from all third-party personalized advertisements. If the user uses other operating systems (except iOS and Android), and such operating systems do not provide a device-level denial mechanism, users need to contact the Company to discard all third-party personalized advertisements. If such a denial cannot be realized due to the technical specificity of the platform, or for other reasons, the user at his/her own discretion may refuse to continue using the Services.

 

  1. Security measures.

The Company and its subsidiaries will protect the Data in a manner that complies with this Privacy Policy, for example by not using information for any purpose other than providing the Services for which the Data is collected for.

 

    Although the Company takes appropriate measures to safeguard against unauthorized disclosures of Data, the Company cannot assure the user that the Data will never be disclosed in a manner that is inconsistent with this Privacy Policy and that the provided security measures are perfect or impenetrable.

 

    The user acknowledges that any Data that the user discloses in forums, blogs, chat rooms or similar sources is public information and can not be treated as Personal Data and be protected from disclosure.

 

  1. Cookies and other technical information.

Company may send "cookies" to user’s computer or use similar technologies to enhance user’s online experience on the Website and across the Internet. "Cookies" are files that can identify user as a unique customer and store user’s personal preferences as well as technical information (including click through and click stream data). Cookies can either be permanent (i.e., they remain on user’s computer until the user deletes them) or temporary (i.e., they last only until user closes browser).

 

    Company may also use "beacons" that monitor user’s use of Website. Beacons are small strings of code that provide a method for delivering a graphic image on a web page for the purpose of transferring data, such as the IP (Internet Protocol) address of the computer that downloaded the page on which the web beacon is located, the URL (Uniform Resource Locator) of the page on which the beacon appears, exact time the page containing the beacon was viewed, types of browser that fetched the beacon and the identification number of any cookie on the computer previously placed by that server. On their own, cookies or web beacons do not contain or reveal any personally identifiable information. However, if user chooses to provide personally identifiable information, this information can be linked to the data stored in the cookies or beacons. By accepting this Privacy Policy, the user specifically agrees to Company’s use of cookies and web beacons as described herein. User may adjust their browser to reject cookies from the Company.

 

  1. Changing and saving data.

The Company saves Data collected in accordance with the Privacy Policy for the period necessary to fulfill the objectives set forth in this Privacy Policy unless a longer period of data saving is required or permitted by law. Therefore, if the collected data is no longer required for the purposes specified in this Privacy Policy, the Company removes all the above-mentioned data that it owns.

 

    In any case, the user can delete the Personal Data in the following way: by sending the Company a written notice that contains sufficient information to identify the user. The notification will be processed as soon as possible.

 

Even if the Data had been changed or deleted, the Company may keep certain data for resolving disputes, enforcing user agreements and meeting technical and legal requirements and restrictions related to the security of the Service.

 

  1. Processing of international data.

As the Company operates internationally, the Company can store and process Data both within the Republic of Cyprus and in other countries around the world.

 

  1. Governing Law.

This Agreement is governed, construed, and enforced in accordance with the laws of England and Wales, disregarding the Conflict of laws rules.

 

  1. Age restrictions.

We do not knowingly collect or solicit personal data or direct or target interest-based advertising to anyone under the age of 13. If you are under 13, do not send us any information about yourself, including your name, address, phone number or email address. Persons under 13 years of age are not allowed to provide any personal information. If we become aware that we have collected personal data from persons under the age of 13, we will delete such data as soon as possible.

 

Users aged 7-15 are recommended, with the permission of their parents, to read our Privacy Policy and contact us if they wish to receive additional information about the guarantee of the confidentiality of personal data.

 

Users under the age of 18 are not allowed to use paid services provided through the Internet, without the permission of the parents or legal guardians. We urge parents and guardians to be vigilant in order to prevent all persons under the age of 18 from accessing products and Services that are not age-appropriate.

 

Age restrictions may vary depending on the country in which the user resides. Please read the table below:

 

Australian Classification Board (ACB) (Australia) - 15

 

Classificação Indicativa (classind) (Brazil) - 10

 

Entertainment Software Board (ESRB) (North America) - T 13

 

Pan-European Game Information (PEGI) (Europe) - 7

 

Unterhaltungssoftware Selbstkontrolle (USK) (Germany) - 12

 

IARC Generic (Other countries) - 7

 

Google Play (The Republic of Korea) - 7

 

If you think that we possess  any information about a child or received from a child younger than the age specified above, please contact us. If we find that we have collected personal information about a child younger than the age specified above, we will remove this information as soon as possible.

 

If you have any questions or concerns regarding this Privacy Policy, including the exercise of any of your rights, you need to contact us by mail at: 3 Themistokli Dervi Street, Julia House, Nicosia, 1066 Cyprus, or at blockcity3d@gmail.com.

 

Only the English version of this Privacy Policy has legal force. Any translations of this document into other languages are provided for convenience only.


 

END-USER LICENSE AGREEMENT

 

This End User License Agreement ("License") is an agreement between you and D-Games Apps. This License governs your use of the game “Block City Wars + skins export”, and updates and upgrades that replace or supplement the said game and are not distributed with a separate license (collectively, the "Game").

 

Accessing the Game. By installing on your mobile device or using the Game, you consent to be bound by the License. If you do not agree to the terms of this License, then do not use the Game and uninstall it from your mobile device. If you use the Game, the terms and conditions of this License are fully accepted by you.

 

You are responsible for any fees, including internet connection or mobile fees that you incur when accessing the Game.

 

Once you have installed the Game on your mobile device, before using it, you must be required to have an account with the applications provider for your mobile device.

 

License Grant and Terms of Use.

 

Grant. 

   Through the installation of the Game on your mobile device you are acquiring and D-Games Apps grants you a personal, non-exclusive license to use the Game for your personal, non-commercial use solely as set forth in this License. Your rights are subject to your compliance with this License and may be revoked and terminated at any time if you breach the terms of this License. Any commercial use of the Game is prohibited. You are expressly prohibited from sub-licensing, renting, leasing or otherwise distributing the Game or rights to use the Game. The term of your License shall commence on the date that you first install the Game, and shall end on the earlier of the date that you uninstall the Game from your mobile device or D-Games Apps's terminates this License.

 

Technical Protection Measures. 

   The Game uses access control and copy protection technology. D-Games Apps reserves the right to validate your License through subsequent online authentication. If your License is not valid you may not be able to use the Game. If the Game permits access to online features, only one copy of the Game may access those features at one time. If you disable or otherwise tamper with the technical protection measures, the Game will not function properly.

 

Reservation of Rights. 

   Except as expressly licensed to you herein, D-Games Apps reserves all right, title and interest in the Game (including all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sound effects, musical works, and moral rights whether registered or not, as well as any extension, improvement or amendment of them), and all associated copyrights, trademarks, and other intellectual property rights therein for its own benefit or the benefit of its licensors. This License is limited to the intellectual property rights of D-Games Apps and its licensors in the Game and does not include any rights to other patents or intellectual property. All rights not expressly granted herein are reserved by D-Games Apps.

 

Derivative works or contributions. 

To the extent that your use of the Game and/or your contributions through use of the Game give rise to any copyright interest, you hereby grant D-Games Apps an exclusive, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and License to use your contributions in any way and for any purpose in connection with the Game and related goods and services including the rights to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any means whether now known or hereinafter devised and distribute your contributions without any further notice or compensation to you of any kind for the whole duration of protection granted to intellectual property rights by applicable laws and international conventions. You hereby waive any rights or attribution with respect to D-Games Apps’s and other players’ use and enjoyment of such assets in connection with the Game and related goods and services under applicable law. The License grant to D-Games Apps, and the above waiver of any applicable rights survives any termination of this License.

 

 

Restrictions of the Game. 

The following restrictions apply to you in regard of the use of the Game:

Your right to use the Game is limited to the License, and you may not otherwise copy, display, distribute, perform, publish, modify, create works from, or use the Game or any component of it.

You are prohibited from making a copy of the Game available on a network where it could be used by multiple users.

You are prohibited from making the Game available over a network where it could be downloaded by multiple users.

You may not remove or alter D-Games Apps’s or other third party trademarks or logos, or legal notices included in the Game or related assets and documentation.

You shall not use the Game if you are a convicted sex offender.

You shall not use the Game if you have previously been removed by D-Games Apps, or previously been banned from playing any D-Games Apps’s game.

You shall not use the Game to violate the law or to harm, defraud or mislead D-Games Apps or third parties.

 

 

License Limitations. 

Any use of the Game in violation of these License Limitations is strictly prohibited, can result in the immediate revocation of your License, and may subject you to liability for violations of law. ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE GAME INCLUDING UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY D-Games Apps GAME IS A VIOLATION OF D-Games Apps POLICY AND MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.

 

You agree that you will not, under any circumstances:

  1. Engage in any act that D-Games Apps deems to be in conflict with the spirit or intent of the Game, including but not limited to circumventing or manipulating these terms, the Game rules, Game mechanics or policies;
  2. Make improper use of D-Games Apps’s support services, including by submitting false abuse reports or using profane and abusive language in your communications with our support personnel; or
  3. Use the Game, intentionally or unintentionally, in connection with any violation of any applicable law or regulation, or do anything that promotes the violation of any applicable law or regulation.

 

Cheating and hacking - You agree that you will not, under any circumstances:

  1. Use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third party software designed to modify or interfere with the Game;
  2. Use the Game in order to design or assist in the design of cheats, automation software, bots, hacks, mods or any other unauthorized third party software designed to modify or interfere with the Game;
  3. Without D-Games Apps’s express written consent, modify or cause to be modified any files that are a part of the Game;
  4. Disrupt, overburden, or aid or assist in the disruption or overburdening of (1) any computer or server used to offer or support the Game ("Server"); or (2) the enjoyment of the Game by any other person;
  5. Institute, assist or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person’s use or enjoyment of the Service; or
  6. Attempt to gain unauthorized access to the Game, Servers, or networks connected to the Game by any means other than the user interface provided by D-Games Apps, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Game;

 

Offensive or infringing content - You agree that you will not, under any circumstances:

  1. Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive;
  2. Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content;
  3. Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse or harm of another person, group, including D-Games Apps employees, including D-Games Apps’s customer service representatives; or
  4. Make available through the Game any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a D-Games Apps employee;

 

Commercial activity - You agree that you will not, under any circumstances:

  1. Without D-Games Apps’s express written consent, use the Game or any part thereof for any commercial purpose, including but not limited to (1) communicating or facilitating any commercial advertisement or solicitation, or (2) gathering or transferring Virtual Goods for sale;
  2. Use the Game or any part thereof for performing in-game services, such as power-leveling and item collection services, in exchange for payment outside the Game; or
  3. Transmit unauthorized communications through the Game, including junk mail, chain letters, spam and any materials that promote malware, spyware and downloadable items;

 

Unauthorized use or connection to the service - You agree that you will not, under any circumstances:

  1. Interfere or attempt to interfere with the proper functioning of the Game or connect to or use the Game in any way not expressly permitted by this License;
  2. Use any unauthorized third party software that accesses, intercepts, "mines", or otherwise collects information from or through the Game or that is in transit from or to the Game, including, without limitation, any software that reads areas of RAM or streams of network traffic used by the Game to store information about D-Games Apps Game characters, elements, or environment. D-Games Apps may, at its sole and absolute discretion, allow the use of certain third party user interfaces;
  3. Intercept, examine or otherwise observe any proprietary communications protocol used by a client, a Server, or the Game, whether through the use of a network analyzer, packet sniffer or other device;
  4. Make any automated use of the system, or take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
  5. Bypass any robot exclusion headers or other measures D-Games Apps employs to restrict access to the Game, to send content or messages, scrape, spider, or crawl the Game, or harvest or manipulate data;
  6. Use, facilitate, create, or maintain any unauthorized connection to the Game, including without limitation (1) any connection to any unauthorized server that emulates, or attempts to emulate any part of the Game; or (2) any connection using programs, tools, or software not expressly approved by D-Games Apps;
  7. Except where permitted by law or relevant open source licenses, reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Game, or to obtain any information from the Game using any method not expressly permitted by D-Games Apps; or
  8. Copy, modify or distribute rights or content from the Game, or D-Games Apps’s copyrights or trademarks or use any method to copy or distribute the content of the Game except as specifically allowed in this License;

 

Collection and publication of personal information - You agree that you will not, under any circumstances:

  1. Solicit or attempt to solicit personal information from other users of the Game;
  2. Collect, harvest or post anyone’s private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Game; or
  3. upload or transmit or attempt to upload or transmit, without D-Games Apps’s express permission, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies or other similar devices (sometimes referred to as "spyware," "passive collection mechanisms" or "pcms").

 

Virtual Currencies and Virtual Goods. 

You agree and understand that the Game may include Virtual Currency consisting of coins or gold and Virtual Goods consisting of digital items such as abilities, weapons or other kind of goods. The Virtual Currency and the Virtual Goods may be (i) earned by playing with the Game; (ii) by sending the feedback indicated in Section 9 or (ii) acquired by purchasing with real world money.

 

 

D-Games Apps can manage, regulate, control, modify or eliminate Virtual Currency and Virtual Goods without having any liability to you or any other third person for any of such actions.

 

Whether you obtain the Virtual Currency or the Virtual Goods by earning or acquiring them with real world money, you have no right, title or interest in or to Virtual Currency or Virtual Goods, other than a limited, personal, revocable, non-transferable license granted by D-Games Apps, to use them solely within the Game.

 

For Virtual Currency and Virtual Goods, your order will represent an offer to D-Games Apps to purchase a license which will be accepted by D-Games Apps when D-Games Apps makes the Virtual Currency or the Virtual Goods available in your account of the Game or debit your credit card, whichever comes first.

 

You agree to pay all fees and applicable taxes incurred by you or anyone using the Game. D-Games Apps may revise the pricing for the items it licenses to you at any time. YOU ACKNOWLEDGE THAT D-Games Apps IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.

 

Termination. 

This License is effective until terminated. WITHOUT LIMITING ANY OTHER REMEDIES, D-Games Apps MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCESS TO THE GAME OR PORTIONS THEREOF IF YOU ARE, OR D-Games Apps SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THE TERMS OF THE LICENSE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE GAME, WITH OR WITHOUT NOTICE TO YOU. IN THAT CASE, YOUR RIGHTS UNDER THIS LICENSE WILL TERMINATE IMMEDIATELY AND AUTOMATICALLY WITHOUT ANY NOTICE FROM D-Games Apps. YOU CAN LOSE ANY BENEFITS, PRIVILEGES, EARNED VIRTUAL CURRENCY OR ITEMS ASSOCIATED WITH YOUR USE OF THE GAME, AND D-Games Apps IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS. Upon termination, given the case, you must cease all use of the Game and uninstall the Game from your mobile device. Termination will not limit any other rights or remedies at law or in equity.

 

You may terminate the License by uninstalling the Game from your mobile device.

 

Limited Warranty. 

No warranties are granted express or implied, other than as expressly required by the applicable law, given the case. Except for any LIMITED WARRANTY, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE GAME IS PROVIDED TO YOU "AS IS," WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF QUALITY AND PERFORMANCE RESIDES WITH YOU. D-Games Apps DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. D-Games Apps DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR USE OF THE GAME; THAT OPERATION OF THE GAME WILL BE ERROR-FREE, OR THAT THE GAME WILL BE COMPATIBLE WITH THIRD PARTY SOFTWARE OR THAT ANY ERRORS IN THE GAME WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY D-Games Apps OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.

 

 

Limitation of Liability. 

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE GAME UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT D-Games Apps SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE GAME.

YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT D-Games Apps IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD D-Games Apps LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF GAME AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE GAME AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

 

TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, UNDER NO CIRCUMSTANCES WILL D-Games Apps BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID D-Games Apps OR ITS LICENSORS, IN RELATION WITH THE GAME, IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.

 

YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID D-Games Apps OR ITS LICENSORS ANY AMOUNTS IN RELATION WITH THE GAME, IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH D-Games Apps IS TO STOP USING THE GAME AND TO UNISTALL IT FORM YOUR MOBILE DEVICE.

 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THE SECTION MAY NOT APPLY TO YOU. IN PARTICULAR, NOTHING IN THESE TERMS SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF D-Games Apps.

 

Indemnification. 

You agree to indemnify, save, and hold D-Games Apps, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Game, any violation by you of this License, or any breach of the representations, warranties, and covenants made by you herein. D-Games Apps reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify D-Games Apps, and you agree to cooperate with D-Games Apps’s defense of these claims. D-Games Apps will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

 

 

You agree that the provisions in this Section will survive any termination of the License.

 

Limitation of Liability and Disclaimer of Warranties are Material Terms of this License. You agree that the provisions in this License that limit liability are essential terms of this License.

 

User Content. "User Content" means any communications, images, sounds, and all the material, data, and information that you upload or transmit through the Game, or that other users upload or transmit, including without limitation any chat text.

By transmitting or submitting any User Content while using the Game, you affirm, represent and warrant that such transmission or submission is (a) accurate and not confidential; (b) not in violation of any applicable laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content; (c) free of viruses, adware, spyware, worms or other malicious code; and (d) you acknowledge and agree that any of your personal information within such content will at all times be processed by D-Games Apps in accordance with Section 10.

 

You own your User Content. You hereby grant D-Games Apps a perpetual and irrevocable (other than as provided below), worldwide, fully paid-up and royalty free, non-exclusive, unlimited license, including the right to sublicense and assign to third parties, and right to copy, reproduce, fix, adapt, modify, improve, translate, reformat, create derivative works from, manufacture, introduce into circulation, commercialize, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way now known or in the future discovered, your User Content as well as all modified and derivative works thereof in connection with our provision of the Game, including marketing and promotions thereof. To the extent permitted by applicable laws, you hereby waive any rights you may have in any User Content. The license you grant D-Games Apps to use user posted content ends when you delete your User Content or you uninstall the Game from your mobile device unless your User Content has been shared with others, and they have not deleted it. However, you understand and accept that removed content may persist in back-up copies for a reasonable period of time.

 

Updates to the Game. You understand that the Game is an evolving one. D-Games Apps may require that you accept updates to the Game you have installed on your mobile device. You acknowledge and agree that D-Games Apps may update the Game with or without notifying you.

 

Every time that D-Games Apps updates the Game, launching a new version of it, and you install such new version in your mobile device, D-Games Apps may offer you the opportunity to send your feedback about the functioning of the Game.

 

Should you decide that you want to provide D-Games Apps with your feedback about the Game, before sending your comments, you will be required to fill out an obligatory form that will appear on the screen of your mobile device (the “Form”) in which you must (i) provide your complete name; (ii) provide your email address; and (iii) indicate the model of mobile device through which you are accessing the Game and that is suitable to connect with. By completing the Form, you authorize D-Games Apps to disclose the personal data you have provided to D-Games Apps to third parties which are responsible under an agreement with D-Games Apps for the publication and/or commercialization and/or distribution of the Game.

 

All the information provided by you in the Form must be truthful and up to date. You agree that, if any information is untrue, inaccurate, incomplete or not current, D-Games Apps has the right to refuse your future access and use of the Game.