DGamerStudio

Our Term of Services

THIS AGREEMENT

1.1

These Terms of Service (this “Agreement”) apply to:

(a) your downloading, installing and/or using any of our games , including any connected software or services, any documentation relating to the use of any of our games and any Updates we may make available to you for any of our games (collectively, the “Software”);
(b) your access to services that are made available by us in relation to the Software (the “Services”); and
(c) any text, images, graphics, photos, sounds, music, videos, audio visual combinations, interactive content and any other media, content or information that may be made available to you through the Software or any of our Services (together, the “Content”), the Software, Services and Content together being the “Licensed Items”.

1.2

By installing or using the Licensed Items, you agree that you may only install or use the Licensed Items:

(a) if you agree to this Agreement;
(b) if applicable laws and regulations permit you to use the Licensed Items where you are when you use them. You acknowledge that there may be restrictions on your use of the Licensed Items in certain countries.

If you do not agree to this Clause 1.2, then do not install or use the Licensed Items.

1.3

This Agreement incorporate the followingAdditional Terms by reference:

(a) Privacy Policy – setting out how we collect, store and use any personal data you submit to us in your use of the Licensed Items; and
(b) the European Union-Specific Terms set out at the end of this Agreement.

1.4

Subject to applicable laws and regulations, to the extent that any Additional Agreements are different from this Agreement, this Agreement will apply (except in relation to the European Union-Specific Terms).

1.5

If you are under the age of 16 (or the relevant age in your jurisdiction where you are considered a minor), your parent or guardian must agree to this Agreement (both for themselves and on your behalf) before you can use the Software.

1.6

We may translate this Agreement into other languages. If there is any difference between the English version and any other language version of this Agreement, then (subject to applicable laws and regulations) the English version will prevail to the extent of the inconsistency.

1.7

You may only use the Licensed Itemsfor personal, non-commercial purposes.

CHANGES TO THIS AGREEMENT

2.1

We may occasionally make changes to this Agreement – please review this Agreement from time to time.

2.2

Where we make any material changes to this Agreement (as determined by us), we will (where reasonably practicable) notify you (via this Agreement, on our website or within the Licensed Items) prior to the change becoming effective. Any changes to this Agreement will become effective immediately upon posting by us, unless we specify otherwise. By continuing to use the Licensed Items after we make any changes to this Agreement, you are agreeing to be bound by the revised Terms.

ADDITIONAL TERMS

LICENCE TO USE THE LICENSED ITEMS

4.1

The Licensed Items are property belonging to us and our licensors. They are protected by copyright laws and other intellectual property rights laws worldwide. Except as expressly set out in this Agreement, you have no right to use our intellectual property rights. In particular, you have no right to use our trademarks or product names, logos, domain names or other distinctive brand features without our prior written consent. We will be free to use any comments or suggestions you may provide regarding the Licensed Items at our discretion without any payments or other obligations to you.

4.2

We grant you the following licences in relation to the Software, Services and/or Content, subject to your compliance with this Agreement. Software Licence

4.3

Where you install and use any Software that we have made available to you, we grant you a limited, personal, non-exclusive, non-sub licensable, non-transferrable, royalty-free and revocable licence to:

(a) use one copy of the Software in object code format only on a single device for your use in accordance with this Agreement, except that where we expressly allow you to use more than one copy of the Software and/or use the Software on more than one device, you may do so in accordance with this Agreement; and
(b) use the Services for your relevant Software (if any), subject to Clause 4.8 below, the above licence being the “Software Licence”.

4.4

You may not copy, modify, create derivative works, reverse compile, reverse engineer or extract source codes from the Software, and you may not sell, distribute, redistribute or sublicense the Software, except in each case to the extent that we may not prohibit you from doing so under applicable laws or regulations or you have our prior written consent to do so. Where applicable laws or regulations entitle you to reverse compile or extract source codes from the Software, you will first contact us to request the information you need.

4.5

We may from time to time provide updates to the Software. Such updates may occur automatically or manually, and may be subject to payment of charges by you to us. Please note that the Software may not operate properly or at all if upgrades or new versions are not installed by you. We do not guarantee that we will provide any updates for the Software, or that such updates will continue to support your device or system. All updates to the Software are part of the Software and subject to this Agreement. Services Licence

4.6

Where Services are made available as part of your use of Software under this Agreement, we grant you a limited, personal, non-exclusive, non-sub-licensable and non-transferrable (except as provided below) and revocable licence to use the Services in accordance with this Agreement.The duration of such Services provision will be as determined by us at our sole discretion.

4.7

We grant you a limited, personal, non-exclusive, non-sub-licensable and non-transferrable and revocable licence to access and use the Content through the Software. The duration of such Content provision will be at our sole discretion.

4.8

The “Content” includes any items, content or features within the Software – for example, stickers, in-app game additions or other downloadable items within Content, and any content accessed or used by you within the Software. You must comply with any Additional Terms applicable to any such Content. We may license these Content to you upon payment by you of “real world money” as applicable from time to time. You acknowledge that you do not own these Content and the amounts associated with such Content do not refer to any credit balance of real currency or the equivalent. We may delete Content from the Software at any time, with or without notice, and we have no liability to you should we exercise these rights.

YOUR ACCOUNT

5.1

We may require you to open an account with us in order to use the Licensed Items. Any such account is personal to you, and you will not gift, lend or transfer your account or otherwise allow any third party to use your account. Your account (including your name, user ID and other identifiers you adopt within the Licensed Items) remains our property and we can disable, reclaim and reuse these once your account is terminated or deactivated for any reason.

5.2

You are responsible for safeguarding your account (including the relevant password). You must promptly notify us if you know or suspect that your password or account has been compromised. We will regard all use of your account on the Licensed Items as being by you (including any purchases made and/or payment obligations incurred under your account).

5.3

We may allow you to register for and login to Licensed Itemsusing sign-on functionalities provided by third party platforms, such as Facebook or Google. You agree to comply with the relevant third party platform’s terms and conditions applicable to your use of such functionalities (in addition to this Agreement).

YOUR CONTENT

6.1

When you submit, upload or transmit any data, information, media or other content in the course of using the Licensed Items (“Your Content”), you agree that:

(a) you are solely responsible for Your Content (and we recommend that you keep a back-up copy of it at all times);
(b) you will continue to own and be responsible for Your Content;
(c) you are grantingus and our affiliate companies a perpetual, non-exclusive, transferable, sub-licensable, royalty-free, worldwide licence to use Your Content (with no fees or charges payable by us to you) for the purposes of providing, promoting, developing and trying to improve the Licensed Itemsand our other services. All such use will be in accordance with our Privacy Policy. This licence includes granting us the right to copy, reproduce, host, store, process, adapt, modify, translate, perform, distribute and publish Your Content worldwide in all media and by all distribution methods, including those that are developed in the future;
(d) you grant other users of the Licensed Items a non-exclusive and non-transferable licence to access and use Your Content within the Software, in accordance with this Agreement;
(e) we may share Your Content with third parties that we work with in accordance with the Privacy Policy; and
(f) the name that you used to submit Your Content may be shared with third parties.

6.2

In addition, you agree that we and our affiliate companies (subject to this Agreementand applicable laws and regulations):

(a) are allowed to retain and continue to use Your Content after you stop using the Licensed Items;
(f) to protect any rights, property or safety of ours, our affiliate companies or other users of the Licensed Items.
(b) may be required to retain or disclose Your Content in order to:
(i) comply with applicable laws or regulations;
(ii) comply with a court order, subpoena or other legal process;
(iii) respond to a lawful request by a government authority, law enforcement agency or similar body (whether situated in your jurisdiction or elsewhere); or
(iv) we believe it is reasonably necessary to comply with applicable laws or regulations;
(c) may need to retain or disclose Your Content in order to enforce this Agreement or to protect any rights, property or safety of ours, our affiliate companies or other users of the Licensed Items.

6.3

You understand that even if you wish to delete Your Content from the Licensed Items, it may not be possible to do this for some time or at all due to technical or other reasons.

6.4

We reserve the right to block or remove Your Content for any reason.

6.5

You must at all times ensure that:

(a) you have the rights required to submit, transmit or display Your Content, and to grant us and other third parties the rights as set out in this Agreement; and
(b) Your Content (and our use of Your Content in accordance with this Agreement) does notbreach any applicable laws or regulations or the rights of any person, or this Agreement.

RESTRICTIONS ON YOUR USE OF THE LICENSED ITEMS

7.1

You may not, nor may you permit any other person to:

(a) use the Licensed Items in any manner or for any purpose which:
(i) breaches this Agreement or any applicable laws and regulations; or
(ii) encourages any person or entity to breach this Agreement or any applicable laws and regulations;
(b) use the Licensed Items in any manner or for any purpose which may cause any harm or damage to us or our customers;
(c) use the Licensed Items to gain unauthorised access to any system, account or data;
(d) sub-license, rent, lease or sell the Licensed Items (except where you and us have expressly agreed otherwise);
(e) directly or indirectly charge others for use or access to the Licensed Items (except where you and us have expressly agreed otherwise);
(f) directly or indirectly suggest our support or endorsement of any product, service or content (including any personal web site);
(g) transmit unauthorised communications through use of the Licensed Items, including junk mail or spam;
(h) make the Licensed Items publicly available or available on any network for copying, download or use by any person or persons;
(i) remove, obscure or modify any copyright, trade mark or other proprietary rights notice, marks or indications found in or on the Licensed Items;
(j) misrepresent the source or ownership of the Licensed Items;
(k) lend, hire, rent, perform, sell, distribute, redistribute, sublicense, make available to the public, broadcast, distribute, transmit or otherwise use any Licensed Item in whole or in part in any manner not expressly permitted by this Agreement, or attempt to do any of the foregoing (except where you and us have expressly agreed otherwise);
(l) attempt to disrupt or interfere with the Licensed Items including manipulating the legitimate operation of the Licensed Items;
(m) use cheats, exploits, automation software or any unauthorised third party software designed to modify or interfere with the Licensed Items;
(n) disrupt or overburden any computer or server used to offer or support the Licensed Items, or other users’ use of the Licensed Items; or
(o) develop any plug-ins, external components, compatibles or interconnection elements or other technology that inter-operate with the Licensed Items, except where we expressly permit you to do so via our Software (and where this is the case, your use of such Software may be subject to additional terms and conditions as notified by us to you).

7.2

You may not copy, modify, create derivative works, reverse compile, reverse engineer or extract source codes from Licensed Items, except to the extent that we may not prohibit you from doing so under applicable laws or regulations or you have our prior written consent to do so. Where applicable laws or regulations entitle you to reverse compile or extract source codes from Licensed Items, you will first contact us to request the information you need.

7.3

We may use technological measures in the Licensed Items to prevent unlicensed or unauthorised use of the Licensed Items or to prevent any breach of this Agreement. You agree that you will not seek to disable or circumvent them in any way.

7.4

You must ensure that your device meets the requirements for installing and using the Licensed Items as required by us. During installation, the Licensed Items may uninstall or disable other software running on your device. If you do not comply with any installation instructions provided by us, you may not be able to use the Licensed Items or certain functionalities may not be available to you.

PAYMENTS, FEES AND CHARGES

8.1

You may from time to time be required to make payments to us or other third parties in relation to the Licensed Items, such as for your licence to use the relevant Licensed Items. You are responsible for all such payments and related payment obligations under this Agreement.

8.2

All such payments from you are subject tothe terms and conditions of the relevant payment service (whether that payment service provider is us or a third party), in addition to any other relevant terms of this Agreement. We bear no responsibility for any transactions processed by, or any payments made to, a third party, whether or not in connection with the relevant Licensed Items. You are solely responsible for all fees and taxes associated with any Licensed Items, and you agree that pricing and availability of all Licensed Items are subject to change at any time.

8.3

We may from time to time make available payment methods to you for automatic, recurring or subscription-based charges. Where we do so, you agree that (subject to applicable laws and regulations):

(a) such purchases or payments are generally made by you on an advance basis. Unless the purchase was on a subscription basis, we will notify you prior to any automatic renewals;
(b) you authorise us to:
(i) save your chosen payment method’s information (e.g. credit card information) on our systems; and
(ii) bill your chosen payment method for the relevant time-periods as chosen by or notified to you;
(c) if any payment made via your chosen payment method is rejected, denied or returned unpaid for any reason:
(i) we may not provide you with, or suspend our provision of, the relevant Content product or service until payment is properly processed; and
(ii) you are liable to us for any fees, costs, expenses or other amounts we incur arising from such rejection, denial or return (and we may automatically charge you for such amounts); and
(d) we will provide you with further instructions within the Licensed Items regarding how you may update or cancel the relevant payment method.

8.4

You agree that any payments you make to us in relation to your use of any Licensed Item is final and non-refundable, except where specified by us under this Agreement or for a particular Licensed Item. OTHERWISE, IN NO CIRCUMSTANCES WILL WE BE REQUIRED TO PROVIDE A REFUND FOR ANY PAYMENTS MADE BY YOU TO US IN RELATION TO ANY LICENSED ITEM (WHETHER USED OR UNUSED).

8.5

You agree that the relevant Additional Terms may specify further terms that are applicable to payments you make in relation to a particular Licensed Item (for instance, payment methods for specific Licensed Items), and you will comply with such further terms.

8.6 Please note that you are responsible for all third party charges you incur (including any charges from your internet and telecommunication services providers) in relation to or arising from your use of the Licensed Items.

8.7

If you believe that we have charged you in error, and subject to applicable laws and regulations:

(a) you must contact us within 30 days of the date of the relevant charge; and
(b) no refunds will be given for any erroneous charges after such 30 days period.

INFRINGEMENT OF RIGHTS

OPEN SOURCE SOFTWARE

USE OF YOUR DEVICE

11.1

In order for us to provide the Licensed Items to you, we may require access to and/or use of your relevant device (eg mobile phone, tablet or desktop computer) that you use to access the Licensed Items.We will provide further information regarding how the Software uses and accesses your device within the Software or in another manner. You acknowledge that if you do not provide us with such right of use or access, we may not be able to provide the Licensed Items to you.

11.2

Any Personal Information (as defined in the Privacy Policy) that we use or access within your device will be treated in accordance with this Agreement.

THIRD PARTY SOFTWARE, CONTENT AND SERVICES

12.1

You may have access to or use third party software, content and/or services (collectively, “Third Party Items”) in your use of the Licensed Items.

12.2

You acknowledge and agree that:

(a) we are not responsible for and we do not endorse, support or guarantee the lawfulness, accuracy or reliability of any Third Party Items submitted to, transmitted or displayed by or linked by the Licensed Items;
(b) we are not responsible for your use of or relationship with any such Third Party Items, including any payment obligations or fees that you may incur in your use of such Third Party Items;
(c) such Third Party Items may be inaccurate, misleading, defamatory, offensive or unlawful, and any reliance on or use of any Third Party Items on or accessible from the Licensed Items by you is at your own risk; and
(d) your use of the Licensed Items does not give you any rights in or to any Third Party Items you may access or obtain in connection with your use of the Licensed Items.

12.3

We may review (but make no commitment to review) Third Party Items to determine whether or not they comply with our policies, applicable laws and regulations or are otherwise objectionable. We may remove or refuse to make available or link to any Third Party Items at our sole discretion. We do not provide any technical or other support for any Third Party Items.

ADVERTISING CONTENT WITHIN THE SOFTWARE

WARRANTY AND DISCLAIMER

14.1

We warrant to you that we will provide the Licensed Items using reasonable care and skill.

14.2

APART FROM THE WARRANTY AT CLAUSE 14.1, AND TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, THE LICENSED ITEMS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND NEITHER US NOR ANY OF OUR AFFILIATE COMPANIES MAKE ANY REPRESENTATION OR WARRANTY OR GIVES ANY UNDERTAKING IN RELATION TO THE LICENSED ITEMS OR ANY CONTENT SUBMITTED, TRANSMITTED OR DISPLAYED BY THE LICENSED ITEMS, INCLUDING:

(a) ANY REPRESENTATION, WARRANTY OR UNDERTAKING THAT THE LICENSED ITEMS WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE OR FREE FROM VIRUSES;
(b) THAT THE LICENSED ITEMS WILL BE COMPATIBLE WITH YOUR DEVICE; OR
(c) THAT THE LICENSED ITEMS WILL BE OF MERCHANTABLE QUALITY, FIT FOR A PARTICULAR PURPOSE OR NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON. TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, YOU WAIVE ANY AND ALL IMPLIED REPRESENTATIONS, WARRANTIES AND UNDERTAKINGS.

2.7.0.0

LIABILITY

15.1

TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, THE TOTAL AGGREGATE LIABILITY OF US AND OUR AFFILIATE COMPANIES FOR ALL CLAIMS IN CONNECTION WITH THIS AGREEMENT OR THE LICENSED ITEMS, ARISING OUT OF ANY CIRCUMSTANCES, WILL BE LIMITED TO THE GREATER OF THE FOLLOWING AMOUNTS:

(a) THE AMOUNT THAT YOU HAVE PAID TO US FOR YOUR USE OF THE LICENSED ITEMS TO WHICH THE CLAIM RELATES IN THE 6 MONTHS IMMEDIATELY PRECEDING THE DATE OF THE MOST RECENT CLAIM; AND
(b) USD100 (I.E. ONE HUNDRED US DOLLARS).

15.2

TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, IN NO EVENT WILL WE OR ANY OF OUR AFFILIATE COMPANIES BE LIABLE FOR ANY OF THE FOLLOWING:

(a) IN CONNECTION WITH THIS AGREEMENT OR THE LICENSED ITEMS, FOR ANY DAMAGES OR LOSSES CAUSED BY:
(i) ANY NATURAL DISASTER SUCH AS FLOODS, EARTHQUAKES OR EPIDEMICS;
(ii) ANY SOCIAL EVENT SUCH AS WARS, RIOTS OR GOVERNMENT ACTIONS;
(iii) ANY COMPUTER VIRUS, TROJAN HORSE OR OTHER DAMAGE CAUSED BY MALWARE OR HACKERS;
(iv) ANY MALFUNCTION OR FAILURE OF OUR OR YOUR SOFTWARE, SYSTEM, HARDWARE OR CONNECTIVITY;
(v) IMPROPER OR UNAUTHORISED USE OF THE LICENSED ITEMS;
(vi) YOUR USE OF THE LICENSED ITEMS IN BREACH OF THIS AGREEMENT; OR
(vii) ANY REASONS BEYOND OUR REASONABLE CONTROL OR PREDICTABILITY;
(b) FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES; AND/OR
(c) FOR ANY LOSS OF BUSINESS, REVENUES, PROFITS, GOODWILL, CONTENT OR DATA.

15.3

Nothing in this Agreement limits or excludes any of the following liabilities, except to the extent that such liabilities may be waived, limited or excluded under applicable laws and regulations:

(a) any liability for fraud;
(b) any liability for death or personal injurycaused by our negligence; or
(c) any other liability to the extent that such liability cannot be waived, limited or excluded under applicable laws and regulations.

15.4

NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS AGREEMENT, NOTHING IN THIS AGREEMENT LIMITS OR EXCLUDES ANY OF YOUR STATUTORY RIGHTS IN YOUR JURISDICTION (INCLUDING ANY RIGHTS UNDER APPLICABLE CONSUMER PROTECTION REGULATION), TO THE EXTENT THESE MAY NOT BE EXCLUDED OR WAIVED UNDER APPLICABLE LAWS AND REGULATIONS

15.5

YOU AGREE THAT YOU INDEMNIFY US AND OUR AFFILIATE COMPANIES FROM AND AGAINST ANY CLAIM, SUIT, ACTION, DEMAND, DAMAGE, DEBT, LOSS, COST, EXPENSE (INCLUDING LITIGATION COSTS AND ATTORNEYS’ FEES) AND LIABILITY ARISING FROM:

(a) YOUR USE OF THE LICENSED ITEMS; OR
(b) YOUR BREACH OF THIS AGREEMENT.

15.6

THIS AGREEMENT GOVERN THE RELATIONSHIP BETWEEN YOU AND US (AND, WHERE RELEVANT, OUR AFFILIATES). YOUR DEALINGS WITH ALL THIRD PARTIES (INCLUDING THOSE FOUND THROUGH THE LICENSED ITEMS) ARE SOLELY BETWEEN YOU AND THE RELEVANT THIRD PARTY. SUBJECT TO MANDATORY APPLICABLE LAWS AND REGULATIONS, WE AND OUR AFFILIATE COMPANIES HAVE NO LIABILITY TO YOU IN RELATION TO ANY THIRD PARTIES, INCLUDING ANY CONTENT, SERVICES OR SOFTWARE PROVIDED BY SUCH THIRD PARTIES WITHIN THE LICENSED ITEMS.

TERM, SUSPENSION AND TERMINATION

16.1

This Agreement applies to your use of the Licensed Items until your access to the Licensed Items is terminated by either you or us.

16.2

We may suspend your access to or use of any Licensed Items or terminate this Agreement if:

(a) you have breached, or we reasonably believe that you have breached, any terms or conditions of this Agreement;
(b) your use of the Licensed Items creates risk for us or for other users, gives rise to a threat of potential third party claims against us or is potentially damaging to our reputation;
(c) you attempt to circumvent the technical protection measures for the Licensed Items; or
(d) for any other reason in our sole discretion, and where reasonably practicable, we will give you notice of any suspension or termination.

16.3

Suspension or termination of your licence to the relevant Licensed Items or this Agreement will not limit any of our rights or remedies at law or in equity.

16.4

Upon expiry or termination of this Agreement (in whole or in respect of any particular Licensed Items), you will immediately and permanently delete all copies of the Licensed Items to which the expiry or termination relates and you will immediately cease accessing and using any Software and Services relating to that Licensed Items.

GENERAL

17.1

This Agreementis the entire agreement between you and us in relation to the Licensed Items. The words “include” and “including” are to be construed without limitation. The invalidity of any provision of this Agreement (or parts of any provision) will not affect the validity or enforceability of any other provision (or the remaining parts of that provision). If a court holds that we cannot enforce any part of this Agreement as drafted, we may replace those terms with similar terms to the extent enforceable under applicable laws and regulations, without changing the remaining terms of this Agreement. No delay in enforcing any provision of this Agreement will be construed to be a waiver of any rights under that provision. Any rights and obligations under this Agreement which by their nature should survive, including any obligations in relation to the liability of, or indemnities (if any) given by, the respective parties, will remain in effect after termination or expiration of this Agreement. Our failure to enforce or exercise any of the terms in this Agreement is not a waiver of those relevant terms.No person other than you and us will have any rightto enforce this Agreement against any person. You may not delegate, assign or transfer this Agreement or any rights or obligations under this Agreement without our prior consent. We may freely assign, transfer or sub-contract this Agreement or our rights and obligations under this Agreement, in whole or in part, without your prior consent or prior notice to you.

17.2

We may notify you by email, postal mail, postings within the Software or the Services, or other legally acceptable means. Any notices from you to us under this Agreement must be sent to the following contact details: [email protected].

OUR PRIVACY POLICY

Any Information or Personal Information that you submit to us in the course of your use of the Licensed Items will be treated in accordance with our Privacy Policy. EUROPEAN UNION-SPECIFIC TERMS

If you are a user of Content in the European Union, the below Additional Terms:

(a) are incorporated into this Agreement;
(b) apply to your use of the Licensed Items; and
(c) override the head terms of this Agreement to the extent of any inconsistency.

Refund of your purchases

If you have purchased and paid for a Licensed Item provided by us (and not by any third parties), you may receive a refund for such purchase if we receive a refund request from you within 14 days from the date you completed the relevant purchase. If you have already used a portion of the relevant product or service, you will receive a refund for the unused portion only.

Please contact us at [email protected] in relation to any refund requests.

Dispute Resolution

Notwithstanding Clause 18 of this Agreement, if you are a “consumer” as defined under the EU Direction 83/2011/EU, any dispute, controversy or claim (whether in contract, tort or otherwise) between us and you, arising out of, relating to, or in connection with this Agreement will be referred to and finally resolved by the court of your place or residence or domicile.

Our Term of Services

5.1

5.2

5.3

Contact US!