Draconius Go: Catch A Dragon! game EULA

DRACONIUS GO: CATCH A DRAGON! GAME END
USER LICENSE AGREEMENT
Last version: 17.08.2017
ATTENTION! BY DOWNLOADING, COPYING, INSTALLING THE
GAME CLIENT SOFTWARE AND/OR OTHERWISE USING
DRACONIUS GO: CATCH A DRAGON!, YOU CONFIRM THAT
YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND
BY THE FOLLOWING TERMS AND CONDITIONS AS WELL AS
ANY OTHER DOCUMENTS ASSOCIATED WITH THIS USER
AGREEMENT, WITHOUT ANY RESTRICTIONS, AND THAT
YOU OBLIGE TO ABIDE BY THIS USER AGREEMENT AND
BEAR RESPONSIBILITY FOR VIOLATING IT
Please read the Draconius GO: Catch a Dragon! Game End
User License Agreement (hereinafter the "User Agreement",
"Agreement") attentively, since it regulates Your (hereinafter
the "User") usage of the game Draconius GO: Catch a
Dragon! (hereinafter - the "Game") and all of its Resources
The End User License Agreement terms and conditions, and
all links that it may contain, are important and shall be
subject to compulsory execution. If You do not agree to be
bound by the following terms and conditions, You are
forbidden from downloading and playing the Game.
In order to play the Game and save Your progress in the
Game, You may be asked to register an account (hereinafter
the "Account"). By entering the Game and registering an
Account or otherwise using the Game, You confirm that You
are 13 years old or older. and agree to be bound by the terms
and conditions of the User Agreement. If You are from 13 to
17 years old, You confirm that Your legal representative has
read the User Agreement and all of its Annexes and agrees
its terms and conditions utterly and completely
1. General provisions
1.1. This User Agreement is a legally binding document that
regulates the relationship between You - a physical person
the User, and Elyland Investment Company Limited and its
affiliated persons (hereinafter - the "Rights Holder") in
respect of the usage of the Game Draconius GO: Catch a
Dragon!, that is provided by the Rights Holder as an
application, and the usage of the Additional Services provided
by the Rights Holder (as defined below)
1.2. The usage of some Services by the User may be
regulated by additional terms and conditions as defined in
the Annexes to this User Agreement.
1.3. The Game Rules, Privacy Policy and Safety Rules should
be considered an integral part of this Agreement. Together
these documents form the full text of the User Agreement
which defines the relations between the User and Rights
Holder.
1.4. Terms used in this Agreement:
1.4.1. "Game" shall mean an interactive computer video
game, which is a program for personal computers (software)
consisting of data, commands and audio and visual imaging
The Game is available from the Resources of the Rights
Holder and/ or Partners Resources. The administration and
maintenance of the Game, as well as access to the Game, is
provided by the Rights Holder or other parties according to
the written agreement with the Rights Holder.
Users participate in the Game in the interactive (on-line)
mode by means of an Internet connection to the Resources of
the Rights Holder and/or Partners, and installation of the
Client part of the Game on the User's personal technical
device.
In order to use the Game within the limits of this Agreement,
the User must install the Game Client software, consisting of
data and commands, on their technical device (presuming the
Game uses such a client), while the corresponding inactive
data and commands (the Server side of the Game) are placed
by the Rights Holder on the servers that are used for the
respective Game.
1.4.2. The Website of the Game (the "Game's Website",
"Website") is an appropriate website related to the Game. It is
located at http://draconiusgo.com/ in the Internet, where the
Rights Holder publishes any information and resources
required for proper access to the Game.
1.4.3. Game's resources (Resources) refers to the whole
servers, any program software and/or databases within the
scope of the Game, and located at the domain
http://draconiusgo.com/ and its subdomains, and any other
resources required for proper access to the Game (forum,
chat, shop, if they are available)
1.4.4. "Services" means access to the Game provided by the
Rights Holder, use of features and services according to the
conditions specified in this agreement. The Rights Holder
provides such Services only when the User participates in the
Game
1.4.5. "Additional Services" refers to additional, special
in-game features for a fee, under the conditions specified in
this Agreement. Purchasing Additional Services is not a
necessary condition for participation in the Game. Such
Additional Services provide the User with extra features
beyond the scope of the Services
Additional Services are provided at the User's request
Additional Services include the in-game currency that can be
purchased by the User in the Game, and the Game items that
can be provided only when the User is in the Game. All
information on the types of Additional Services and how to
purchase them is posted on the Game's resources
PLEASE NOTE THAT THE RIGHTS HOLDER DOES NOT
CONVERT IN-GAME VALUABLES THAT WERE OBTAINED BY
THE USER THROUGH SERVICES AND/OR ADDITIONAL
SERVICES, OR BY PARTICIPATING IN THE GAME, INCLUDING
THE IN-GAME CURRENCY, INTO CASH OR NON-CASH
MONEY
THE RIGHTS HOLDER BEARS NO EXPENSES RELATED TO
THE USER'S PURCHASE OF ADDITIONAL SERVICES, AND
WILL NOT REFUND SUCH EXPENSES
During the trial period (testing of the Game), the Additional
Services may not be available. The Rights Holder will decide
when the Additional Services can be provided to the users,
and and will notify users about this by publishing information
on the Game's Website, by sending notifications to the User's
Account, or via any other available method. The Rights
Holder reserves the right to stop providing Additional
Services to the User at any time, without prior notice of the
latter, and without compensating any expenses the User may
have incurred from the purchase of any such Additional
Services in cases provided by this Agreement and the law
1.4.6. User's Account is the User's virtual room. It is created
at the moment of first logging into the Game, and it is owned
by the Rights Holder, where the latter stores information on
the User, which is required for using the Services in
accordance with this Agreement, namely: data for accessing
information on the User, settings, game items, statistics and
other information of such kind. Thus, the User's Account
enables the User to keep records of his/her progress in the
Game, and allows the Rights Holder to take each User into
Account and grant each User the possibility to gain access to
the Game through a unique identifier.
1.4.7. "Partners" refers to external Internet resources that
host the Game's resources under contracts with the Rights
Holder.
1.4.8. Game Client refers to the program Software, which is
required for the purpose of accessing the Game in several
cases. It is provided to the User by the Rights Holder or
Partners. The Client is installed by the User on his/her
personal technical device, which is Used to access the Game.
The Client is a program software for mobile devices and its
exclusive and non-exclusive rights are in sole possession of
the Rights Holder.
1.4.9. The "Game Rules" are an annex to the User Agreement.
They define the rules of participation and behaviour, as well
as restrictions for users in the Game, and also possible
punitive sanctions and cases when they should be used. In
order to use the Game, as well as make use of the Game's
Services and receive any Additional Services, users must
comply with the Game Rules. THE GAME RULES CAN BE
CHANGED BY THE RIGHTS HOLDER. The Rights Holder will
notify the User about such changes by posting the new Game
Rules on the Game's Website, as well as by displaying
notifications to the User upon logging into the Game, or
through the User's Account. Changes in the Game Rules
come into force 14 days after having been published on the
Game's Website. By continuing to play the Game, the User
accepts any such changes to the Rules.
1.4.10. The "Privacy Policy" is an annex to the User
Agreement. It regulates the methods that the Rights Holder
uses to collect, store, use, and manage information, including
the User's Personal data. You can read the current version of
the Privacy Policy by following this link
1.4.11. The Safety Rules are rules and reminders that the
User should bear in mind when playing the Game. The full
text of the Safety Rules is available at this link. A short
notification about the Safety Rules will be displayed on the
screen each time the User opens the Game. You must not
ignore such rules, as the User is solely responsible for his/her
own safety, and the safety of any underage persons playing
the Game with Your consent and permission
1.4.12. Fraud refers to deliberate deception using payment
cards to secure unfair or unlawful gain, including, but not
restricted to, financial transactions via payment cards or their
payment details that are not initiated or approved by the
card's holders.
1.5. The exclusive property rights for the Game belong to
Forbes Consult Limited (hereinafter - the owner of the
exclusive property rights); the owner of the exclusive property
rights grants to the Rights Holder the right to use the Game
on the territory of certain countries (hereinafter - the

REPLACETEXTHERE


The User may not use any part of the Game outside of the
Game and the game process without written consent from
the owner of exclusive property rights
1.6. The User understands, agrees, and accepts the
conditions that all rights to use the Game, including any part
of the Game, including but not limited to the game characters,
game items and accessories, the in-game currency, in-game
values, graphics, photos, animations, videos, video clips,
audio tracks, sound effects, music, text content and other
components of the Game, belong to the Owner of exclusive
property rights, unless otherwise specified in the Agreement
or in the Game.
1.7. The User understands, accepts and agrees that any
element of the Game, in particular any game characters, are
an integral part of the Game, with a definite set of features
and abilities in the Game, and despite the fact that during the
Game the User is allowed to control and manage such game
characters, including the progress of such characters in the
Game, this control and management under no conditions
should be regarded as a transfer and / or assignment of the
property rights in respect of the game character from the
owner of the exclusive property rights to the User. In the
same way, such control and progress of the character in the
Game should not be considered as the authorship of the User
in regard to the character and / or co-authorship of the User
and the Owner of the exclusive property rights in respect of a
game character.
1.8. Since the Services are provided in electronic form, by
accepting the terms of this Agreement, the User agrees to
receiving important information about such Services in
electronic form. The User agrees that the text of the EULA
notifications, other information, applications, mails and other
materials will be provided in electronic, not in a written form
This Agreement applies to all information the Rights Holder
will provide for the User, according to legal requirements
Such information will be published on the Game's Website, in
the Game itself through the User's Account, or will be sent to
the User's email address, which the User will have provided
during registration process in the Game (if the User chose the
registration procedure that requires an email address)
The User can unsubscribe from receiving the
above-mentioned information in electronic form by sending
an email to the address support@draconiusgo.com or
through the form on the Game's Website. However, the User
should understand that in such case, his/her Account will be
deactivated and he/she will not be able to use the Services in
the future
2. Subject of the agreement.
2.1. In accordance with this Agreement, the Rights Holder
provides the general public access to the Game, Services in
the Game, as well as Additional Services under the conditions
of this agreement.
2.2. Individuals wishing to obtain access to the Game, will
upon accepting this Agreement, become users of the Game
acquiring all of the rights and becoming subject to all of the
obligations provided by this Agreement.
3. Terms and conditions for using the Game.
3.1. The User hereby confirms that he/she is legally able to
enter into this Agreement. If the User has not attained the
legal age of consent (18 years), or is by law considered to be
completely or partly incapable, he/she confirms that he/she
has obtained the necessary permission in the form required
by law, from the parents or other legal representatives to
enter into this Agreement.
3.2. The User agrees that the Game may contain sound and
video effects that may under certain conditions cause
exacerbation of epileptic or other type of neurological
disorders for people who suffers from such disorders, and
confirms that he/she does not suffer from such disorder. In
cases where the User suffers from such disorders, he/she will
not use the Game.
3.3. The User grants that he/she will use the Game only for a
reasonable period of time, taking adequate breaks for rest
and for the prophylaxis of any health disorders.
3.4. The User confirms that he/she is obligated not to violate
any private property rights during the Game. The User
understands and agrees that he/she is personally liable in
cases where he/she commits any violation as indicated in
this paragraph
3.5. The Game may contain links to websites, programs,
photos, videos, graphics, audio and text content that belong
to third parties. The User understands and hereby agrees that
providing links to third-party websites or content in the Game
does not mean that the Rights Holder supports, approves or
recommends the referred sites or content. The User uses
such third-party websites, program software and content
exclusively at his/her own risk, including the period during
which he/she uses the Game process.
3.6. The User is not allowed to use the Game if in cases
where the User is prohibited from using the Game by the
legislation in his/her country, or in cases where his/her usage
of the Game is subject to any other legal restrictions,
including age restrictions. In such cases, the User is
personally responsible for the use of the Game.
In matters regarding the interactive features of the Game,
given that Elyland Investment Company Limited has the
possibility to identify violations by the User (in order to
identify the territory where the User accesses to the Game,
Elyland Investment Company Limited shall use one of the
methods for identifying the User's country, including
identifying the IP address of the User's technical device that
was used in the last session that the User has accessed the
Game, or any other convenient method), Elyland Investment
Company Limited has the right to unilaterally discontinue the
Services to the User, videlicet terminate the User's access to
the Game without paying any indemnity/reparation to the
User in cases provided in this Agreement and applicable law
3.7. The User confirms that the information on the minimum
hardware and software requirements to use the Game has
been previously provided to the User. The User confirms that
he/she is aware of these requirements, and confirms that
he/she has the necessary hardware and software to use the
Game.
4. The beginning of Game process. Account creation.
4.1. In order to obtain access to the Game process, the User
must create an Account, which must be authorized in the
Game. Authorization in the Game can be executed by means
of the User's accounts on any of the following platforms:
Facebook, Google. When creating and using the Account, the
User is obligated to
. provide full, relevant and accurate information about
themselves (the User's data);
provide the Rights Holder access to relevant information
about themselves, and permission to update the User's data
promptly and constantly in order to keep it relevant;
use only one User's Account in the Game;
never use the Account of another user or/and use several
accounts in the Game;
bear the personal responsibility for all actions that are done
on the User's Account or/and with the help of the User's
Account, including the purchase of Additional Services, and
for the preservation of the confidentiality of data related to
access to the User's Account (username and password)
4.2. By creating the Account in the Game, the User confirms
that:
the User's access to the Game has not been previously
terminated by the Administration, and that he/she has the
right and is legally able to enter into this Agreement.
he/she uses the Game, including the placing of content in
the Game, in accordance with the legislation and restrictions
set forth in this Agreement and annexes to this Agreement.
4.3. The User is obligated to inform immediately the Rights
Holder about any actions that have been done on the User's
Account without his/her knowledge. The User is informed
about and accepts the condition that the Rights Holder does
not bear responsibility for any damage caused to the User by
the unauthorized use of the User's Account by third parties,
including the stealing of the User's personal data or in-game
values. Meanwhile the Rights Holder informs the User that
reasonable technical and organizational measures are taken
in order to provide for the safety of the User's Account, the
Rights Holder does not bear any responsibility for malicious
acts by third parties
4.4. If the User creates an Account by using his/her account
from another platform (for example, Facebook, Google)
he/she hereby gives the Rights Holder permission to obtain
access to some of the User's data that is stored on these
websites. The information that the Rights Holder will have
access to, depends on the privacy settings on such websites,
and may include the User's gender, age, e-mail address,
language, and country. Byu accessing the Game or using its
Services by means of other websites, the User permits the
Rights Holder to collect, store and process the User's
personal data and other information in the manner provided
by the terms of the Privacy Policy. The User agrees with the
aforementioned at the moment of clicking "accept" or
"permit" or "proceed to" the Game's Website, or transfers
information from the other website for it to be processed in
relation to his/her Account in the Game.
4.5. Please, read Our Privacy Policy, that regulates issues
related to the collection, storage, and processing of the
User's personal data by the Rights Holder. By using the Game
its Services, the User gives the Rights Holder consent to
collect, process and reveal his/her personal data in the
manner provided by the terms of the Privacy Policy.
4.6. The User is obligated to use their Account exclusively for
personal use. The User is not allowed to pass on, sell, or
lease their Account in any way to other parties.
5. Interaction with other users.
5.1. By accepting the terms and conditions of this Agreement,
the User confirms that he/she understands and accepts all
possible risks related to interaction with other users,
including online and offline communication. The User must
remember that every user in the Game is a stranger, and
caution is highly recommended at all times. Furthermore, it is
recommended that the User read the Draconius GO: Catch a
Dragon! Safety Rules, that have been prepared specifically for
this purpose.
6. User's Content.
6.1. Some of the Game's functions allow the creation,
uploading, posting, forwarding, receiving and storing of the
the User's Content (as defined below). By performing any of
the actions indicated above, the User reserves all the
intellectual property rights that belongs to him/her in respect
of such content.
6.2. Meanwhile, the User bears personal responsibility for any
content and information uploaded, posted or passed in
another way to the Rights Holder or other users, or third
parties through the Game, including but not limited to
messages, commentaries, data, e-messages, notes, photos,
videos, images, photography (hereinafter - the "Content of
the User", the "User's Content"). The Rights Holder does not
control -and therefore does not bear any responsibility in
matters related to-the User's Content.
6.3. Despite the fact that the Rights Holder is not obligated to
view and verify the Content of the users, the Rights Holder
can perform the actions above, and if considered necessary,
delete the Content of the User without providing the User with
any explanation for the deletion, and without notifying the
User who posted the content.
6.4. By posting any content in the Game or using its technical
functions, You hereby agree to grant to the Rights Holder, its
licensees and affiliates, the irrevocable, non-exclusive,
royalty-free license (authorization) for the entire period of
validity of intellectual property rights for User's Content on
the territory of all countries of the world, to use the User's
Content in all existing methods, including, but not limited to,
copying, storing, publishing, demonstrating, creating
derivative works from, editing, modifying, translating, etc., and
also to sublicense derivative works created as a result of the
actions listed below. You guarantee that the User's Content,
as well as the use of the User's Content by the Rights Holder
do not violate the rights of third parties, including but not
limited to intellectual property rights, privacy rights, and do
not violate the terms of this Agreement.
6.5. All messages, comments, questions, proposals, ideas,
notes and other materials concerning the Game ("Materials")
placed in the Game in any way or on any other resource, are
not considered as confidential information of the User. When
posting Materials, the User waives any claim that the use of
the content of such Materials violates any of his/her rights,
including intellectual property rights, rights to a private life,
rights of publicity, non-proprietary rights of authorship to the
Materials or ideas or any other rights of the User. For the use
of Materials or any other information (including, without
limitation, creative, financial, business or commercial, etc.),
transferred in any way to the Rights Holder or brought to the
attention of the general public, no payment or remuneration
will be offered
6.6. The User is not allowed to add links to external resources
to any User's Content. The User is also prohibited from
posting in the Game or transferring to it any Materials and /
or any User's Content that may violate the rights of third
parties or applicable rules and regulations, including those
established by law and/ or by the terms of this Agreement
("Prohibited Content"). Prohibited Content includes, but is not
limited to, User's Content that:
is indecent, pornographic, defamatory, sexually oriented,
threatening, inaccurate, distorted, fraudulent or illegal;
promotes racism, hatred or harm of any kind against any
group or individual;
vviolates or might violate intellectual property rights or other
rights of third parties (for example, photos, videos, music,
placed without the permission of the Rights Holder; photos,
videos or images of another person posted without his or her
consent);
contains information on the possibility of illegal actions (for
example, instructions on how to produce or buy weapons,
drugs, etc);
contains information on how to circumvent the Game Rules;
contains malware, viruses, Trojan horses, worms, or other
harmful components;
contains advertising information, information on
fundraising;
creates barriers to the use of the Game by another person;
may be considered offensive, illegal, indecent, abusive or
threatening;
contains incitement to violate the law
violates the right to privacy of any other User;
contains a virus or any malicious program;
contains false or misleading statements and/or false or
misleading descriptions of some materials or messages.
6.7. The Rights Holder can from time to time monitor and
check bulletin boards, chat rooms, discussions, records,
transfers, etc. within the Game, but is under no obligation to
do so, and assumes no responsibility arising from the
contents of such messages. The Rights Holder reserves the
right to modify, edit or delete any Materials posted by users
and / or User's Content or conversations that might be
considered offensive, illegal, indecent or otherwise violate any
law or this Agreement. The Rights Holder undertakes to
cooperate fully with law enforcement authorities or courts
requesting or demanding the disclosure of the identity of any
person who posts such Materials
7. Responsibilities of the Rights Holder
7.1. Give users the possibility to participate in the Game,
receive the Services and Additional Services according to the
conditions set forth in this Agreement. With that, the Rights
Holder does not guarantee that the Game will function
perfectly at all times
7.2. Provide communication services in the Game, i.e. use of
the game chat and game forums, if they are available in the
Game
7.3. Notify the User about changes to the current Agreement
by publishing information in the Game, among others through
the User's Account and/or on the Game's Website.
7.4. Provide the possibility to receive (download) the Client
part of the Game via the Internet from the Game's Website or
partner websites, as well as through other media, if the Client
part is required
8. Rights of the Rights Holder:
8.1. At any time, including the trial period (testing of the
Game and the Game forums, if any, as well as any other
Game elements), unilaterally limit, extend, modify or
discontinue the Services, Additional Services, without prion
notice to the User.
8.2. Control the Game and the gameplay, and change them at
will. At any time, suspend or modify the game process and
the game conditions without prior notice to the User.
8.3. At any time modify, delete completely or partially any
information posted by users on the Resources of the Rights
Holder or in the Game (User's Content, Materials), including
statements and declarations, including the User's
statements, announcements, if they are not in compliance
with the rules stated in this Agreement.
8.4. At any time suspend, restrict and /or stop providing the
Services and Additional Services to the User under the
conditions of this Agreement, in particular in case of
non-compliance with the terms of this Agreement and/ or if
the Rights Holder has reasons to suspect improper use of the
data by the User. The Rights Holder also has the right to
notify the User of the Agreement terms violation, post
notices/warnings to the User mentioning their usernames on
the Resources of the Rights Holder (including the Game) and
/or temporarily or permanently block access to the Game or
terminate (cancel) the Agreement.The notice of Agreement
termination is to be sent to the User through the User's
Account in the Game.
8.5. Track, collect and store information, including
IP-addresses of User's access to the Game for statistical
data collection and identification of Game users. The
information on what data is collected and stored by the
Rights Holder is regulated in more detail in the Privacy Policy.
8.6. Send informational or technical messages
(independently or with the involvement of third parties) to
users, in particular Game-related messages or other projects
of the Rights Holder (hereinafter«Messages»). The User
agrees to receive such Messages, and agrees that the
Messages are not spam
By accepting the terms of this Agreement, the User agrees to
receive Messages that are hereby considered previously
approved by the User.
The User has the right to request that he/she stop receiving
such Messages, as per paragraph 1.8. of this Agreement.
8.7. Make comments, warn, notify, and inform users of any
violations that they may have committed with regards to the
Game rules or other terms of this Agreement. The
instructions of the Rights Holder are mandatory for the User.
8.8. At any time, change, improve or modify the Game, any of
its parts, including the Client part of the Game, without any
prior notice. Thus, the User can only participate in the Game
n its current version
8.9. Take measures provided by the legislation of the
Republic of Cyprus and/or international law to protect its
rights in respect of the Game.
8.10. In case of suspension, limitation, termination of
provision of the Services and/ or the Additional Services to
the User, after the causes for such suspension of the
provision of the Services are solved, to resume providing
such Services and/or Additional Services to the User by
unblocking the User's account before such sanctions on
his/her account have expired
8.11. Place advertising and/or promotional materials in the
Game or in any other way place links to products and
services of third parties in the Game.
9. Limited liability of the Rights Holder.
9.1. The User uses the resources of the Game and/ or
Partners, the Game, including the Client part, at their own risk
The User is responsible for the compatibility and operability
of the software and hardware that is used for accessing the
Game.
9.2. The Rights Holder does not accept liability for any
possible criminal actions committed by the User, or illegal
actions of other users towards the User, in the Game in
particular.
9.3. The Rights Holder is not responsible for any statements
of the User, made or published on the Resources of the
Game. The Rights Holder is not responsible for the behaviour
of users on the Resources of the Rights Holder, including the
conduct, manner and ideology of in-game characters
managed by the User, actions of in-game characters in the
Game, disrespect for other users of the Game, and thein
in-game characters
9.4. The Rights Holder shall not be liable for the loss of
access means by users to their in-game accounts - the
User's Account in the Game
9.5. The Rights Holder is not responsible for incomplete,
inaccurate, incorrect data used to create the Account on the
Rights Holder's website
9.6. The Rights Holder shall not be liable for the loss for any
reason, among others, as a result of actions of third parties,
of the User's in-game items received from the Services and
Additional Services provided by the Rights Holder.
9.7. The Rights Holder shall not be responsible for the
availability of the Internet connection, and for the quality of
service provided by Internet service providers to the User.
9.8. The Rights Holder bears no responsibility for any damage
caused to the User and/or by the User, resulting from
violating the Safety Rules by the latter.
9.9. The Rights Holder is not responsible for direct or indirect
damage to the User or other third parties that occurs as a
result of the following
use or inability to use the Resources of the Rights Holder /
Partners;
unauthorized access by any third parties to the User's
personal information, including the User Account and the
User's in-game currency account in the Game;
statements or conduct of any third party on the resources of
the Game Partners
9.10. The Rights Holder does not guarantee that:
the Game will meet the User's requirements, the Game will
be available 24/7, at any moment or within a certain period of
time,
the game process on the Game resources, as well as the
Services and Additional Services will be uninterrupted, timely,
secure and error-free)
results obtained from the Services and Additional Services
will be error-free and correct;
the quality of the game-play, any Services, Additional
Services, information obtained from using in-game services
provided on the Game resources, will meet the User's
expectations.
9.11. The User understands and agrees that the Rights
Holder provides the Game on an "as is" basis and does not
give guarantees concerning the Game, except as expressly
provided by this Agreement or as required by applicable law
9.12. THE RIGHTS HOLDER IS NOT OBLIGATED TO PROVIDE
THE USER WITH ANY EVIDENCE OF VIOLATIONS OF THE
AGREEMENT THAT MAY HAVE RESULTED IN THE
TERMINATION OF THE SERVICES OR ADDITIONAL
SERVICES, OR REDUCED/LIMITED SCOPE OF SUCH
SERVICES TO THE USER
9.13. When placing advertising messages in the Game and/
or links to third-party products and services in the Game, the
Rights Holder assumes no responsibility for the content of
such advertisements, blocks, videos, as well as for the quality
of the goods and services offered, or for any other materials
on external sites.
9.14. These provisions do not in any way exclude the liability
of the Rights Holder in the cases established by law. Under
any circumstances, the scope of liability is limited to the size
of the payment made by the User to the Rights Holder for
providing the Additional Services.
10. Rights of the User:
10.1. Providing that the terms of the present Agreement are
met, the User has the following rights:
access to the Game;
if required by the Game, receive (download) the Client part
from the Game resources/Partners resources or other
resources permitted by this agreement on a non-repayable
basis;
free participation in the game process, except for cases
where the Player uses resources that require a subscriber fee
or Additional Services;
.receive Additional in-game Services for a fee on the terms
provided in this Agreement;
post information, share it with other users on the Game's
Website through forums and chats;
participate in contests, quizzes, events organized by the
Rights Holder and related to the Game, in the manner
provided by the terms of such contests, quizzes, events;
contact the Rights Holder with issues related to the
conclusion and execution of this Agreement. Such requests
can be sent to this email address: support@draconiusgo.com
or by using the form on the Game's Website
request that he/she stop receiving Messages by following
these instructions: click the link that can be found in every
Message and choose the option to stop receiving the
Messages. However, the Messages containing notifications
about changes to this Agreement, will be sent to the User
even if the latter unsubscribed from receiving notifications.
11. Obligations of the User:
11.1. The User is obligated to
not create an Account if he/she is under the age of 13; take
measures to prevent children and minors (in case the
legislation of the User's country prohibits the use of games
by minors) from using the Game. The User is also responsible
for any use of his/her credit card or any other payment
means (e.g. PayPal) by children and minors in the Game;
not disclose the information for logging into his/her Account
or any information to enter the Game to anyone, or let anyone
gain access to his/her Account. Should the User learn or
have reasons to suspect any security breaches including
loss, theft or unauthorized disclosure of information for
logging into the Game, the User is obligated to inform the
Rights Holder of this fact immediately and change the
information for logging into the Game. The User is solely
responsible for all cases of using the information, including
payments for Additional Services, regardless of whether the
payments are authorized by the User. The User is responsible
for all actions related to his/her Account,
use language proper to the Game's site and respective to
the language zone in the Game, in the news section of the
Game, on forums, in chats and other sections of the Game (if
any) where the User is able to write text messages. The
Rights Holder has the right to moderate the User's messages,
and if regarded by the Former as necessary, to delete the
User's messages
comply with the terms of this Agreement, including the
Rules of the Game, License Agreement, without any
restrictions,
indicate reliable information during the registration in the
Game on the Resources of the Rights Holder/Partners;
provide the Rights Holder with information on all future
changes in his/her registration data;
not violate the intellectual property rights in respect of the
Game and/ or any part of the Game and/ or Game resources
follow the instructions of the Rights Holder, in particular, if
such instructions are made by the Rights Holder to a User or
a group of users in the Game, in the customer support centre,
in the news section of the Game's Website, on the forum of
the Rights Holder and in parts of the Game's Website where
the User can write text messages and/ or attach graphics,
audio, and video. If the User does not comply with the
instructions of the Rights Holder, the latter has the right to
suspend, restrict, terminate the Services and/or Additional
Services for the User;
confirm data accuracy (including personal data) upon
request of the Rights Holder;
ensure that he/she has the necessary authority to enter into
this Agreement. If the User has not attained the age of
consent, he/she is obligated to obtain the necessary
permission in the form required by law from his/her parents
or legal representatives.
11.2. THE USER ACCEPTS AND AGREES THAT HE/SHE HAS
NO RIGHTS OR OTHER PROPERTY INTEREST IN HIS
ACCOUNT. IN ADDITION, HE/SHE ACCEPTS AND AGREES
THAT ALL RIGHTS REGARDING HIS/HER ACCOUNT ARE
OWNED BY THE RIGHTS HOLDER CURRENTLY AND IN THE
FUTURE WITH NO TIME RESTRICTION
11.3. Other obligations of the User are stipulated in the Game
Rules, and also in Section 12 "Additional Services" of this
Agreement.
12. Additional Services
12.1. Upon request of the User, the Rights Holder provides
Additional Services that allow the User to access to
additional, advanced, special game features. Additional
Services are a part of the Game that the User can use only
after purchasing them
12.2. If the User decides to purchase Additional Services that
the Rights Holder offers for money, the former thereby
authorises the Rights Holder and/or the payment system to
store his payment data
12.3. The Additional Services are provided by the Rights
Holder at the moment of the User's payment for the
Additional Services using the in-game currency specified on
the web-site of the Rights Holder. Thus, by accepting the
terms of this Agreement, the User confirms that he/she
agrees and understands that by purchasing an Additional
Service, the User loses the right to cancel such service.
Money paid by the User for an Additional Service, is not
subject to refund by the Rights Holder to the User.
12.4. If the User decides to use Additional Services, he/she
obliges, at the request of the Rights Holder, to provide his/her
personal data in his/her Account, which will enable the Rights
Holder to identify the private person who owns the User's
Account in the Game. The User bears full responsibility for
the accuracy and credibility of his/her personal data
12.5. The list and the cost of Additional Services are
published on the Game's Website only by the Rights Holder.
The methods and conditions for purchasing the in-game
currency are also published by the Rights Holder on the
Game's Website
12.6. The moment of payment for Additional Services should
be considered to be the moment of placement of funds inside
the current account of the Rights Holder. After the receipt of
funds from the User to the current account of the Rights
Holder, the funds are converted into the in-game currency.
The conversion is made according to the rate and formula set
forth by the Rights Holder and published on the Game's
Website. Purchased in-game currency is credited by the
Rights Holder to the personal account of the User opened and
located at the Resources of the Rights Holder and available
through the User's Account.
12.7. When purchasing in-game currency, the User is
obligated to follow the payment instructions according to the
procedures and methods of payment, including the rules for
entering SMSes, the order of entering uppercase and
lowercase letters, digits and the language. The in-game
currency will be transferred to the account if all payment
requirements are met. The Rights Holder bears no
responsibility for the accuracy of the fulfillment of payment
requirements by the User since it is not within the control of
the Rights Holder.
12.8. If the User has any questions regarding the rules and
procedures of using payment methods to purchase in-game
currency, the User should contact the legal entities that owrn
the respective payment methods. The Rights Holder does not
provide information on such procedures and does not refund
money to the User in cases where the payment made via
payment methods violates rules resulting in the funds not
being received by the Rights Holder
12.9. If due to a technical error, Game failure, or deliberate
actions by the User, he/she receives Additional Services
without payment and/or incomplete payment, and/or the
funds aren't charged from the User's account as payment for
Additional Services, the User is obligated to immediately
inform the Rights Holder of this fact, and the Rights Holder is
entitled to charge the cost resulting from such circumstances
from any subsequent payment by the User, irrespective of its
purpose.
12.10. The User is obligated to save proof of his/her
payments for Additional Services during the whole time of
his/her participation in the Game and, in case such proof is
required by the Rights Holder, provide them to the latter.
12.11. The User is obligated to monitor the state of his/her
personal account.
12.12. Additional Services are provided only by the Rights
Holder or by other parties on its behalf. In case of a dispute,
ambiguous situations, or in case of receiving any offers from
any third party with regards payment for Services or
Additional Services in the Game, or posting of such
advertisements and offers in the Internet, with the exception
of the offers made with the written permission of the Rights
Holder (hereinafter - the Offers), the User shall immediately
notify the Rights Holder of such facts
If the User makes such payments (with details and
references specified in such offer) violating this provision,
any claims to the Rights Holder that the in-game currency
has not been credited to the User's personal account will not
be accept and / or compensated by the Rights Holder.
12.13. If the Rights Holder finds that the User receives
Services or Additional Services within the Game from other
third parties (individuals and / or legal bodies) operating
without any agreement with the Rights Holder, the latter has
the right to suspend, restrict, and terminate the Services,
Additional Services provided to the User.
12.14. The User shall guarantee to the Rights Holder that
he/she has the right to use the selected method of payment
for Additional Services without violating the laws of the
Republic of Cyprus and/or legislation of other appropriate
countries of which the User is a citizen. The Rights Holder
shall not be liable for any damages to third parties and/or
other users of the Game that results from the use of payment
methods that do not belong to the User.
12.15. In cases where there are any suspicions of illegal or
fraudulent actions committed by the User, the Rights Holder
has the right to unilaterally suspend or terminate the
provision of Services and Additional Services until the
circumstances surrounding the case are clarified, and/ or the
Rights Holder determines that the User's operations of
payment for Additional Services are fraudulent (including
carding) (hereinafter - Fraudulent operations)
12.16. If the Rights Holder has any reasons to suspect the
User of illegal or fraudulent actions concerning payments for
Additional Services in the Game, the Rights Holder has the
right to forward any information about the case to law
enforcement agencies for inspection.
12.17. The User shall comply with the requirements of the
laws of the Republic of Cyprus and/ or legislation of the
country of which he/she is a citizen when purchasing in-game
currency through bank cards.
12.18. THE USER AGREES, UNDERSTANDS AND ACCEPTS
THAT THE GAME IS NEITHER A GAMBLING GAME, NOR A
CASH GAME, NOR A CONTEST, NOR A BETTING GAME, AND
THAT PURCHASE OF ADDITIONAL SERVICES IS AT THE
USER'S OWN WILL AND DESIRE AND IS NOT NECESSARY OR
MANDATORY FOR THE PURPOSE OF PARTICIPATING IN
THE GAME AND THE GAME PROCESS
12.19. The User understands and hereby agrees that during
the Game process, Additional Services can be used until their
consumption according to purpose, including the
implementation of the Game scenario; expiration of the term
of provision of the Additional Service, termination or
suspension of this Agreement, or for other reasons.
Termination of the Additional Service for any reason does not
give the User a reason to demand from the Rights Holder a
money refund paid for such Additional Service, with the
exception of cases provided for by this Agreement and
applicable law
13. User's responsibilities
13.1 The User is solely responsible for using the Game on the
territory of his/her country in accordance with local laws
13.2. The Rights Holder has the right to suspend or terminate
the User's Account with or without notice and refuse any and
all current or future use of the Game due to violation of this
Agreement or other document regulating the use of the
Game, or if the Rights Holder, at its sole discretion,
determines that the suspension or termination of the User's
Account is the best solution to maintain a fair, healthy and
secure gaming environment for other users of the Game.
13.3. The User is responsible for all other cases provided for
by this Agreement and the applicable law. Additional
information about the sanctions that can be applied against
the User is contained in the Game Rules
13.4. The parties are relieved of responsibility for partial or
complete non-fulfilment of their obligations under this
Agreement, if such non-fulfilment is as a result of force
majeure, including mass riots, prohibitive actions of the
authorities, natural disasters, fires, accidents, malfunction of
telecommunication and electrical networks, malware actions,
as well as the unscrupulous practice of third parties aimed at
obtaining unauthorized access or disabling the software or
hardware system
14. Concluding provisions
14.1. The invalidity of one or several provisions of this
Agreement established by an effective court decision shal
not entail the invalidity of the whole Agreement for the
Parties. If one or several provisions of this Agreement are
recognized invalid in accordance with the established order,
the Parties are bound to fulfil the undertaken obligations
under this Agreement in the manner implied by the Parties
when concluding and/ or emending the Agreement.
14.2. By accepting this Agreement, the User confirms that
he/she is legally capable of entering into this Agreement. The
User guarantees that the hardware he/she is using is
operable and sufficient to use the Game.
14.3.In case of any dispute or conflict between the User and
the Rights Holder, the latter recommends the former to
contact the Rights Holder by contacting the technical support
team at support@draconiusgo.com or through a form on the
Game's Website. Regardless of the User's status (resident or
non-resident of the Republic of Cyprus), the User agrees that
all disputes between him/her and the Rights Holder are
subject to the legislation of the Republic of Cyprus, without
taking into account the conflict of norms and laws. Also, any
request or dispute that may be initiated against the Rights
Holder, is subject to the jurisdiction of the court situated on
the territory of the Republic of Cyprus, except as otherwise
provided by the applicable law.
14.4. The conclusion of this Agreement shall comply with the
legislation of the Republic of Cyprus, which is the country of
the exclusive property rights owner, namely with the norms
that regulate the procedure and terms for concluding public
agreements and adhesion contracts. The User shall not
violate the local laws of his/her country of residence. The
User is solely responsible for any non-compliance with these
norms
14.5. Within a period of two weeks of accepting the terms of
the Agreement, the User can terminate it in writing (e.g. fax,
email) without giving any reason
Notice of termination of the Agreement should be sent to:
support@draconiusgo.com or using the form on the Game's
Website.
When requesting termination of the agreement, the User's
name and Account name should be written in the subject line.
14.6. To ensure the correct functioning of the Game, it is
important that any errors or problems that the User discovers
are confidentially reported to the technical support team
directly so that they may be resolved as quickly as possible.
The User can report errors in the Game by contacting Us at
support@draconiusgo.com or through a form on the Game's
Website.
15. Licenses used
15.1. The list of licenses for free software used for the Game
is available at:
https://draconiusgo.com/policy/licenses-and-notifications