TERMS OF SERVICE

 

Effective Date: February 25, 2019

The terms of this agreement ("Terms of Service") govern the relationship between you and DCGamePub Limited (hereinafter “DCGamePub” or “We”), a Cyprus company having its registered office at Diagorou 4, KERMIA BUILDING, 2nd floor, Flat/Office 204, 1097, Nicosia, Cyprus regarding your use of DCGamePub's games, applications and related services (the "Service"). Use of the Service is also governed by DCGamePub's Privacy Policy.

Before accessing or using the Service, including installing DCGamePub application or accessing a game, you must agree to these Terms of Service and the Privacy Policy. You may also register an account on the Service (an "Account"). If you are below the age of 18, you represent that your legal guardian has reviewed and agreed to these Terms.

By downloading, installing, using or otherwise accessing the Service, you agree to these Terms of Service. If you do not agree to these Terms of Service, please do not install, use or otherwise access the service.

DCGamePub reserves the right to change, add or delete parts of these Terms of Service, its Privacy Policy and other DCGamePub policies at any time by posting the amended Terms. You will be regarded to have agreed to these changes by continuing to use the Service. If at any point you do not agree to any part of our Terms of Service, the DCGamePub Privacy Policy, or any other DCGamePub policy, your license to use the Service shall immediately terminate, and you must immediately stop using the Service.

1. License

1.1. Limited License to Use the Service

DCGamePub grants you a non-exclusive, non-transferable, non-sublicensable, revocable and limited license to access and use the Service for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose.

The following restriction apply to the use of the Service: you shall not use the Service to advertise, or transmit any commercial advertisements, including spam letters, or misleading messages to anyone.

Getting Started

You may start using our Service by downloading the DCGamePub application in AppStore or Google Play Market. After installation of the Service on your device, you may use it without any further registering of an Account. In this case, your progress in a game, other benefits and peculiarities will not be saved.

You may have an option to open an Account with our Service. The decision to open an Account shall be always made at your discretion only. DCGamePub do not at any case require opening an Account.

Login to Your Account

If you decide to open an Account you may be required to generate a password for your Account and Login to access the Account. You shall not share the Account or the Login Information. You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, including game-in purchases, whether or not authorized by you. You are responsible for anything that happens through your Account.

The Service supports only one Account per game on a supported device.

License Limitations

Any use of the Service in violation of these License Limitations is strictly forbidden, can effect in the immediate revocation of your limited license and may subject you to liability for violations of law.

You shall not purchase, sell, rent or give away your Account, create an Account using a deceitful identity or data, or on behalf of someone other than yourself;

You shall not use the Service if you have previously been removed by DCGamePub, or previously been banned from playing any DCGamePub game.

You shall use your Account only for non-commercial purposes.

You agree that you will not, under any circumstances:

  • Take part in the use of cheats, automation software, bots, mods or any unlicensed third-party software designed to alter or interfere with the Service, any DCGamePub game or any DCGamePub game experience.

  • Modify or cause to be modified any files that are a part of the Service or any DCGamePub game without DCGamePub's express written consent.

  • Disrupt, interfere with or otherwise badly affect the normal run of the Service or otherwise act in a manner that may destructively affect other users' experience when using the Service or playing DCGamePub's games.

  • Become involved in any type of attack, including 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.

  • Make available through the Service any data that interfere with any copyright, trademark, patent, trade secret, right of privacy or other right of any person or entity or impersonates any other person.

  • 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 Service or any DCGamePub game, or to obtain any information from the Service or any DCGamePub game using any method not expressly permitted by DCGamePub.

  • Collect or post anyone's private information, including personally identifiable data (whether in text, image or video form), identification documents, or financial information through the Service.

DCGamePub reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the intent of these Terms of Service or the Service itself. DCGamePub reserves the right to take action as a result, which may include terminating your Account and prohibiting you from using the Service completely or in part.

1.2. Suspension and Termination of Account and Service

DCGamePub reserves the right to stop offering and/or supporting the Service or a particular game or part of the Service at any time, at which point your license to use the Service or a part thereof will be automatically terminated. In such event, DCGamePub shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Service. Termination of your Account can include disabling your access to the Service or any part thereof including any content you submitted or others submitted.

You may terminate your Account at any time and for any reason.

2. Ownership

2.1. Games and Service

All rights, title and interest in and to the Service (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, musical compositions, animations, sounds, , audio-visual effects, methods of operation, documentation, in-game chat transcripts, character profile information, recordings of games played using a DCGamePub game client, and the DCGamePub game clients and server software) are owned by DCGamePub. DCGamePub reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the Service.

2.2. Accounts

Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have other property interest in the account, and you further approve that all rights in and to the account are and shall forever be owned by DCGamePub.

2.3. Virtual Items

DCGamePub owns, has licensed, or otherwise has rights to use all of the content that appears in the Service or in DCGamePub games. You agree that you have no right or title in or to any content that appears in the Service, including without limitation the virtual goods or currency appearing or originating in any DCGamePub game, whether earned in a game or purchased from DCGamePub, or any other attributes associated with an Account or stored on the Service.

3. User Content

3.1. Submission of User Content

"User Content" means any communications, images, sounds, and all the material, and information that you upload or transmit through a DCGamePub game or the Service, or that other users upload or transmit, including without limitation any chat text. By submitting any User Content while using the Service, you affirm, represent and warrant that such transmission or submission is (a) accurate and not confidential or misleading; (b) not in violation of any laws, contractual restrictions or other third party rights; (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 DCGamePub in accordance with its Privacy Policy.

3.1.1. Content Screening

DCGamePub accepts no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for observing the Service for inappropriate content or conduct. We do not, and cannot, pre-screen or monitor all User Content. Your use of the Service is at your own risk.

By entering into these Terms of Service, you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including without limitation chat text or voice communications.

DCGamePub reserves the right in its sole discretion to review, monitor, delete, disable access to or make unavailable any User Content without notice for any reason at any time.

3.2. Data Use by Other Users of the Service

3.2.1. Liable For Your Own Content

You are solely liable for the data that you post on, through or in connection with the Service and that you provide to others. DCGamePub may discard, refuse to post or delete any User Content for any or no reason, including, but not limited to, User Content that in the sole judgment of DCGamePub infringes these Terms of Service.

3.2.3. Your License to DCGamePub

You hereby grant to DCGamePub an irrevocable, transferable, royalty-free, worldwide license (including the right to sublicense and assign to third party) and right to copy, reproduce, fix, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, publicly display, publicly perform, or provide access to electronically, enter into computer memory, and use and practice, in any way, your User Content as well as all modified and derivative works thereof in connection with our provision of the Service, including marketing and promotions of the Service. You also hereby grant to DCGamePub the right to authorize others to exercise any of the rights granted to DCGamePub under these Terms of Service.

DCGamePub does not claim any ownership rights in your User Content and nothing in these Terms of Service is intended to restrict any rights that you may have to use and exploit your User Content. DCGamePub has no obligation to monitor or enforce your intellectual property rights in or to your User Content.

3.3. User Interactions

You are solely responsible for your connections with other users of the Service and any other parties with whom you interact through the Service and/or DCGamePub games.

4. Fees and Purchase Terms

4.1.Purchases

Our Service is free of charge. You may download and install any DCGamePub game application without entering any payment information. Nothing shall be deemed to prohibit you to use the Service without making any purchases.

DCGamePub may provide some extra features within the Service that you may want to purchase. In the Service you may purchase a limited, personal, non-transferable, non-sublicensable, revocable license to use "virtual currency", including but not limited to virtual cash, bonuses, extra lives all for use in DCGamePub games ("Virtual Items").

You make a purchase of Virtual Items with a real money. The payment is withdrawn from your AppStore or Google Play account. By making the payment, you affirm that you make a purchase at your own will. Nothing shall be deemed as inducing you in making the payment.

DCGamePub may manage, regulate, control, modify or eliminate Virtual Items at any time, with or without notice. DCGamePub shall have no liability to you or any third party in the event that DCGamePub exercises any such rights.

The transfer of Virtual Items is prohibited except where expressly authorized in the Service. Other than as expressly authorized in the Service, you shall not sell, purchase, redeem or otherwise transfer Virtual Items to any person or entity, including but not limited to DCGamePub, another user or any third party.

All purchases and redemptions of virtual items made through the service are final and non-refundable.

5. Updates to the Service

DCGamePub may require that you accept updates to the Service and to DCGamePub's games, you have installed on your device or computer. You acknowledge and agree that DCGamePub may update the Service and DCGamePub games, with or without notifying you. You may need to update the Service from time to time in order to receive the Service and play DCGamePub games.

6. Disclaimer of Warranties

Without limiting DCGamePub’s liability under section 7 below, the service is provided on an "As is" and "As available" basis for your use, without warranties of any kind, express or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, title, non-infringement, and those arising from course of dealing or usage of trade. DCGamePub does not warrant that you will be able to access or use the Service at the times or locations of your choosing; that the service will be uninterrupted or error-free; that defects will be corrected; or that the game or the service are free of viruses or other harmful components. Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above disclaimers may not apply to you.

7. Limitation of Liability; Sole and Exclusive Remedy; Indemnification

To the maximum extent permitted by law, DCGamePub shall not be liable to you for any indirect, incidental, consequential or other similar damages, including but not limited to loss of revenues, lost data or business interruption or other intangible losses (however such losses are qualified), arising out of or relating in any way to these Terms of Service or the Service itself, whether based on contract, tort or any other legal theory, and whether or not DCGamePub has been advised of the possibility of such damages. To the extent not prohibited by law, DCGamePub shall not be liable to you for more than the amount you have paid to DCGamePub in accordance with these Terms of Service in the six (6) months immediately preceding the date on which you first assert a claim. You acknowledge and agree that if you have not paid anything to DCGamePub during such time period, your sole remedy (and DCGamePub 's exclusive liability) for any dispute with DCGamePub is to stop using the service and to cancel your account.

Nothing in these terms of service shall affect the statutory rights of any consumer or exclude or restrict any liability resulting from gross negligence or willful misconduct of DCGamePub or for death or personal injury arising from any negligence or fraud of DCGamePub.

You agree to indemnify, defend and hold DCGamePub (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim, demand, damages or other losses, including reasonable attorneys' fees, asserted by any third-party resulting from or arising out of your use of the Service, or any breach by you of these Terms of Service, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.

8. Dispute Resolution and Law

If a dispute arises between you and DCGamePub, we strongly encourage you to first contact us directly to seek a resolution. You agree that all disputes between you and DCGamePub shall be governed by the laws of Cyprus, without regard to conflict of law provisions. You agree that any claim or dispute you may have against DCGamePub must be resolved exclusively by a court located in Nicosia, Cyprus.

9. General Provisions

9.1. Assignment

DCGamePub may assign or delegate these Terms of Service and/or the DCGamePub Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without DCGamePub's prior written consent, and any unauthorized assignment and delegation by you is ineffective.

9.2. Supplemental Policies

DCGamePub may publish additional policies related to specific services. Your right to use such services is subject to those specific policies and these Terms of Service.

9.3. Entire Agreement

These Terms of Service, any supplemental policies and any documents expressly incorporated by reference herein (including the DCGamePub Privacy Policy), contain the entire understanding of you and DCGamePub, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us with respect to the Service.

9.4. No Waiver

The failure of DCGamePub to require or enforce strict performance by you of any provision of these Terms of Service or the DCGamePub Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of DCGamePub's right to assert or rely upon any such provision or right in that or any other instance.

The express waiver by DCGamePub of any provision, condition, or requirement of these Terms of Service or the DCGamePub Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

Except as expressly and specifically set forth in this these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by DCGamePub shall be deemed a modification of these Terms of Service nor legally binding, unless documented in physical writing, hand signed by You and a duly appointed officer of DCGamePub.

9.5. Equitable Remedies

You acknowledge that the rights granted and obligations made under these Terms of Service to DCGamePub are of a unique and irreplaceable nature, the loss of which shall irreparably harm DCGamePub and which cannot be replaced by monetary damages alone so that DCGamePub shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.

You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or any DCGamePub game, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages, limited by Section 7 (if any).

10.7. Force Majeure

DCGamePub shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of DCGamePub, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond DCGamePub's control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

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DCGamePub Limited, a company incorporated in accordance with the laws of Republic of Cyprus under registration number HE 401342. Address: Diagorou 4, KERMIA BUILDING, 2nd floor, Flat/Office 204, 1097, Nicosia, Cyprus