You are visiting a site and/or accessing a service (“Services”) which are either owned or operated by DIGIT Game Studios Limited, a company registered in Ireland with company number 510760 and registered office at 4 Prince’s Street South, City Quay, Dublin 2, Ireland (“DIGIT”, “us” or “we”). The Services include, without limitation, any website operated by DIGIT (such as www.digitgaming.com) and any games (including related services) published and/or operated by DIGIT, whether through a social network service (“SNS”) such as www.facebook.com or otherwise.
THE TERMS SET OUT IN THIS DOCUMENT (“TERMS”) GOVERN THE RELATIONSHIP BETWEEN YOU AND DIGIT AND YOUR USE OF THE SERVICES. BY USING THE SERVICES, YOU AGREE TO EACH OF THE TERMS SET OUT BELOW. IF YOU DO NOT AGREE WITH ANY TERM OR CONDITION SET OUT BELOW, DO NOT USE ANY SERVICE FOR ANY PURPOSE.
TERMS SUBJECT TO CHANGE
Your continued use of all or any part of the Services following the posting of changes to these terms will mean you accept those changes. Unless we let you know posting of changes to these Terms or otherwise giving you notice, any new features or updated content or applications that we make available in connection with the Services will be subject to these Terms.
Subject to your agreement to and on-going compliance with these Terms, we grant you a non-transferable, non-exclusive, revocable limited license to use the Services for your personal, non-commercial use. Such license is subject to the limitations set out in these Terms.
Subject to these Terms, you may make a single, temporary copy of any applications that your device executes and content your device displays when you use the Services, but only for your personal, non-commercial use, and not for further distribution or transfer to others.
Except for the license allowing you to use the Services for your personal use as set forth in the paragraph 4.1 above, when you use the Services you are not receiving a license or any other rights from us, including intellectual property or other proprietary rights of DIGIT or its licensors. YOU UNDERSTAND THAT YOU HAVE NO RIGHTS TO THE SERVICES OR ANY OTHER DIGIT PROPERTY EXCEPT AS INDICATED IN THIS AGREEMENT.
IF ANY USE OR ATTEMPTED USE BY YOU OF ANY SERVICE IS IN BREACH OF THE LIMITED LICENSE GRANTED UNDER THESE TERMS, YOU MAY BE HELD PERSONALLY LIABLE AND/OR PROSECUTED FOR ANY LOSS OR DAMAGE CAUSED TO DIGIT OR ANY OF ITS LICENSORS ARISING FROM SUCH BREACH.
SERVICES SUBJECT TO CHANGE
We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to:
- modify or discontinue all or any part of the Services, including, but not limited to:
- restricting the time all or any part of the Services is available;
- restricting the amount of use all or any part of the Services is permitted; and
- restricting or terminating any user’s right to use all or any part of the Services, with or without notice;
- charge fees in connection with the use all or any part of the Services;
- modify or waive any fees charged in connection with all or any part of the Services; or
- offer opportunities to some or all users of all or any part of the Services.
You agree that neither we nor any of our affiliates shall be liable to you or to any third party for any modification, suspension or discontinuance of all or any part of the Services, in whole or in part, or of any service, content or feature offered through the Services.
INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all rights in the Services (including without limitation all games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, locations, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, transcripts of chat rooms, character profile information, recordings of games played, and any related documentation, applets, client or server software) . Those works are protected by intellectual property rights (including without limitation copyrights and similar rights) around the world. All rights in the Services, including without limitation all intellectual property rights and other proprietary rights, are reserved by DIGIT and its licensors.
We will terminate your access to, or use of, all or any part of the Services, without notice to you, if you infringe or misappropriate the intellectual property rights or other proprietary rights, including copyrights or trademarks, of DIGIT, its licensors or any others.
In order to access the Services, you may have to either (i) create an account with us; (ii) have a valid account with the SNS through which you access the Service; or (iii) have an account with the applications provider for your mobile device. You agree not to use another’s account without permission.
You may not create an account if you are under the age of 13.
When creating your account, you agree to provide accurate and complete information and to keep that information updated in the event of any changes.
You are solely responsible for the activity that occurs on your account. You must keep your account password secure and not do anything which might endanger the security of your account. You are solely responsible for anything that happens through your account. DIGIT will not be liable for your losses caused by any unauthorised use of your account.
Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your account or any other information or attributes associated with your account, and you further acknowledge and agree that all rights in and to your account or any other information or attributes associated with your account are and shall forever be owned by and inure to the benefit of DIGIT.
DIGIT does not recognise the transfer of any accounts or any other information or attributes associated with any accounts. You may not purchase, sell, gift or trade any account or any other information or attributes associated with any accounts, or offer to purchase, sell, gift or trade any account or any other information or attributes associated with any accounts, and any such attempt shall be null and void. You agree that you have no right or title in or to any Content that appears in the Services, including the virtual goods or currency appearing or originating in the Services and any other attributes associated with your account or stored in the Services. DIGIT does not recognise any virtual property transfers executed outside of the Services or the purported sale, gift or trade in the “real world” of anything related to the Services. Accordingly, you may not sell items for “real” money or otherwise exchange items for value outside of the Services.
DIGIT reserves the right at its sole discretion to suspend and/or terminate any account and/or prevent any person from using the Services or prevent the access of any Services from any IP address. DIGIT shall be liable for any losses which may arise from any such suspension, termination or prevention of use.
HOW YOU CAN USE THE SERVICES
You may not, and you agree not to, modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer or sell any information, applications, products or other materials obtained from the Services, except as set forth in these Terms.
You may not:
- frame or mirror any part of the Services without our express prior written consent;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Services;
- create a database by systematically downloading and storing content from the Services;
- intentionally or unintentionally violate any applicable local, state, national or international law or any other any regulations having the force of law;
- use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather information, content or other materials from the Services or reproduce or circumvent the navigational structure or presentation of the Services;
- have more than one Account, per platform or SNS, at any given time, nor create an account using any false information or on behalf of someone else;
- use the Services for commercial purposes (including making any advertisements); or
- use the Services to engage in illegal conduct.
- Comply with such other policies as we may require from time to time, including without limitation any code of conduct for participation in forums and any fair use policy; and
ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICE INCLUDING UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY SERVICE IS A BREACH OF THESE TERMS AND MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS.
CONTENT / SUBMISSIONS TO THE SERVICES
On some parts of our Services or otherwise in connection with your use of the Services, you may be allowed to post or link to content or applications or provide comments for others to see (“Content”). If you post, link to or contribute Content, you guarantee, represent and warrant to us that:
- You have legal rights to post, contribute or link to such Content and it will not violate any law or the rights of any person;
- While you or the rightful owner of the Content retain all of the ownership rights in the Content, you give us (and have the necessary rights to give us) the royalty-free, irrevocable, perpetual, worldwide right to allow other people to view the Content as described in these Terms; and to use, distribute, modify, display, publicly perform, and create derivative works from the Content, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you, consistent with the purposes and function of the Services;
- You are entirely responsible for all Content you upload, post, e-mail, transmit or otherwise make available in any way by or through the Services;
- You have the written consent, release or permission of each and every identifiable individual person in the Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Content in the manner contemplated by the Services and these Terms; and
- For all Content, including all information and materials of any kind, including graphics, sounds, text, or otherwise posted or provided by any user by or through the Services, you understand that we are not responsible for the truth, completeness, objectivity, or usefulness of such Content, nor do we endorse any Content; we do not verify the identity of people using the Services; and we do not screen, monitor, edit or review Content before it appears on the Services. We do have the right, in our sole discretion, to monitor or remove any Content at any time and without notice if we believe doing so will improve the Services. We can also suspend or terminate use of the Services by anyone who does not follow these Terms. Nevertheless, because we do not prescreen Content, you understand that by using the Services, you may be exposed to Content that is offensive or objectionable.
Any Content posted by you may be made publicly available. Accordingly, you should not post any Content which you wish to keep confidential. DIGIT is not responsible for any Content which is misused or misappropriated by any other person.
DIGIT assumes no responsibility for the conduct of any user submitting any Content, and assumes no responsibility for monitoring the Service for inappropriate content or conduct.
We do not, and cannot, pre-screen or monitor all User Content. However, at our discretion, our representatives or technology may monitor and/or record your interaction with the Service or communications (including without limitation chat text) when you are using the Service.
By entering into these Terms, you irrevocably agree and 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.
DIGIT reserves the right to remove any Content at its sole discretion. However, the ability of DIGIT to monitor or record any Content shall not imply obligation on DIGIT to monitor any Content or to modify or remove any inappropriate or offensive Content.
You expressly agree that we have the right, at all times, and at our sole discretion, to disclose any Content and other information (including without limitation chat text, voice communications, IP addresses and your personal information):
- in response to legal process (for example, a court order, search warrant or subpoena) when We have a good faith belief that the information is required to be disclosed in response to legal process;
- to allow us to satisfy any applicable law, regulation or governmental request;
- to protect our legal rights and remedies;
- in other circumstances in which We believe the Services are being used in the commission of a crime (including exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction) and for the purpose of reporting the same to the appropriate authorities;
- to report any other suspected crime or other offensive behaviour to the appropriate authorities;
- when We have a good faith belief that there is a threat to the health and/or safety of you or another person; or
- when necessary either to protect the rights or property of DIGIT or any of our licensors, or for us to render the Service you have requested.
INTERACTION WITH OTHER USERS
You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service. DIGIT reserves the right, but has no obligation, to become involved in any way with these disputes.
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
CONDUCT OF REGISTERED USERS
We believe that all users benefit from basic rules regarding conduct while using the Services. Widespread use and enjoyment of the Services is jeopardised when a few individuals act irresponsibly. To help everyone have a positive experience, we ask, and you agree, to follow the following basic rules of conduct when using the Services:
- You will follow these Terms and all applicable laws;
- You will never give your password to anyone (no DIGIT employee will ever ask for it) and you will not provide your billing or credit information directly to any person;
- You will not harass, threaten or abuse other people when using the Services in any manner;
- You will not make excessive challenges or invitations to other users;
- You will not interfere with others’ use of the Services or act in a way that negatively affects other users’ enjoyment of the Services;
- You will not cheat and you will not use “exploits” or “dummy accounts” in any way;
- You will not participate in any action that, in the sole and absolute opinion of DIGIT, results or may result in any authorised user of the Services being scammed or defrauded out of any items that such user has purchased or earned in connection with such user’s use of the Services;
- You will not upload, post, e-mail or otherwise make available any Content that is obscene or may be hateful or offensive on racial, ethnic, sexual or any other grounds; is harmful, vulgar or distasteful; or is defamatory, libelous, or invades another person’s privacy or proprietary rights, including any patent, trademark, trade secret, or copyrights of any party;
- You will not use or exploit any errors in design, features which have not been documented, or “bugs” to gain access or items in any way that is not generally known and intentionally made available by DIGIT, and you will promptly report to DIGIT your discovery of any such errors, features or bugs;
- You will not attempt to harvest any screen names of e-mail addresses for any commercial use;
- You will not collect or store personal information about any other individual on the Services, or otherwise stalk, repeatedly contact or harass another user;
- You will not impersonate any other person or misrepresent a relationship with any person or entity, including misrepresenting a relationship with DIGIT; similarly, you will not adopt a false identity if the purpose of doing so is to deceive or defraud another;
- You will not use the Services to harm minors in any way, or encourage interactions with minors of a sexual nature;
- You will not manipulate the Services so as to hide your identity or participation in the Services (by using another person’s identity, changing headers, or otherwise modifying any other possible identifier);
- You will not post any Content that contains any viruses, cancel bots, Trojan horses, harmful code, or other computer programs or code designed to interrupt the Services, users’ ability to enjoy the Services, or the proper functioning of any software, hardware or equipment or materials used in connection with the Services; and
- You will not send any bulk unsolicited advertising, promotional information, e-mail or other solicitation (including without limitation junk mail, “spam,” chain letters or pyramid schemes of any sort) to any person through the use of the Services;
- You will not use any automated programs or “scripts” to advance your character or characters, acquire goods, or otherwise accrue benefits in an automated fashion;
- You will adhere to and abide by any policies or rules posted by authorised moderators or DIGIT representatives in its boards or forums.
If you violate any of the guidelines set forth above, or any other aspect of these Terms, we reserve the right to suspend or terminate your rights to use the Services without giving you any notice. In the event that your rights to use the Services are terminated, you will immediately lose access to any information that may be on the system.
YOU UNDERSTAND THAT DIGIT IS NOT RESPONSIBLE FOR YOUR INABILITY TO ACCESS ANY INFORMATION ON THE SITE FOR ANY REASON, WHETHER BECAUSE OF TERMINATION OF YOUR ACCOUNT; SOFTWARE, HARDWARE, OR INTERNET PROBLEMS OR ERRORS; OR ANY OTHER REASON.
You may accumulate or purchase in-game currency or in-game items within certain Services (“In-Game Currency”). The provision of any In-Game Currency is a service which commences immediately upon acceptance by DIGIT of your purchase.
In-Game Currency is specific for use in the Service for which it is purchased and is not transferable between or among different Services or between users. DIGIT will recognise any attempt to transfer any In-Game Currency, and any attempt to transfer any In-Game Currency shall be deemed to be a breach of these Terms.
If you are under the age of 18, you may only purchase In-Game Currency where you have obtained the prior informed consent your parent or guardian.
DIGIT reserves the right to determine in its sole discretion the payment methods which may be used by you to purchase In-Game Currency, and how, when and for what products or services In-Game Currency may be redeemed. All In-Game Currency is non-refundable and cannot be transferred.
In-Game Currency is made available under a limited license for your personal use within the Services. You understand that you have no right or title to or interest in any In-Game Currency earned or purchased by you or the special in-game features for which In-Game Currency is redeemed.
Refund requests: For all non-fraud disputes, we review a user’s refund request on a case-by-case basis. Typically, non-fraud refund requests are as a result of user confusion, where the purchase was made accidentally due to a misunderstanding of the purchase flow. Our qualitative investigation examines factors including previous orders, spending frequency, and account level details. We refund the charges only if the user’s reason for the dispute is deemed appropriate to receive a full reversal.
For fraudulent charges made using a user’s payment instrument brought to the our attention, we will always seek to fully refund a user as quickly as possible. Doing so prevents a user having to resort to a chargeback.
CONTESTS AND SWEEPSTAKES
From time to time, the Services might host or facilitate contests. In such cases, the contest rules shall be made available on such website as may be clearly communicated by DIGIT from time to time, and you agree to read such rules, comply with them and only participate in any such contests under and pursuant to the terms thereof.
The safety of children is very important to us. DIGIT intends for the Services to be a general audience site, however some parts of the Services may contain mature or adult content intended for people who are at least 18 years old. If you view this adult content, we understand that you are telling us that you are at least 18 years old and that the material you are viewing is acceptable to you. Parental control protections (such as computer hardware, software or filtering the Services) are commercially available that may assist parents in limiting access to content that may be harmful to minors.
You agree and undertake that you:
- shall not use any Service if you are below the age of 13;
- shall not use any Service if you are a convicted sex offender;
- shall monitor your Account to restrict use by minors, and you will deny access to children under the age of 13;
- accept full responsibility for any unauthorised use of the Service by minors; and
- are responsible for any use of your credit card or other payment instrument (e.g. PayPal) by minors.
THIRD PARTY SITES
YOU UNDERSTAND THAT YOU ARE PERSONALLY RESPONSIBLE FOR YOUR BEHAVIOR WHILE USING THE SERVICE AND FOR ALL CONTENT PROVIDED VIA YOUR ACCOUNT, AND AGREE TO INDEMNIFY AND HOLD DIGIT AND ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS HARMLESS FROM AND AGAINST ANY LOSS, DAMAGE, LIABILITY, COST OR EXPENSE OF ANY KIND (INCLUDING LEGAL FEES) THAT WE MAY INCUR IN CONNECTION WITH A THIRD PARTY CLAIM OR OTHERWISE, IN RELATION TO YOUR USE OF THE SITE, THE CONTENT YOU CONTRIBUTE OR LINK TO, OR YOUR ACCESS TO THE SITE, OR YOUR VIOLATION OF EITHER THESE TERMS OR THE RIGHTS OF ANY THIRD PARTY.
YOU UNDERSTAND THAT YOUR USE OF THE SERVICE (INCLUDING ANY DOWNLOAD FROM THE SERVICE AND ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM YOU EXPERIENCE FROM USING THE SERVICE) IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT THE SERVICE AND ALL INFORMATION, APPLICATIONS, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, APPLICATIONS PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITE, ARE PROVIDED ON AN “AS IS” “WHERE-IS” AND “WHERE AVAILABLE” BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT DIGIT MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. YOU UNDERSTAND THAT DIGIT DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE SERVICE WILL MEET YOUR EXPECTATIONS. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH IN THIS DOCUMENT.
TO THE FULLEST EXTENT PERMITTED BY LAW, DIGIT DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE SERVICE AND ALL INFORMATION, APPLICATIONS, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, APPLICATIONS, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DIGIT OR ITS AFFILIATES BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR THE SITE, UNAUTHORISED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORISED USE, PERFORMANCE OR NON-PERFORMANCE OF THE SERVICE OR DIGIT , EVEN IF DIGIT HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE.
ACCESS RESTRICTIONS; TERMINATION
We can terminate your access to the Services at any time. We may also remove any Content that you post without cause and without notice to you.
We can also change these Terms at any time, and your continued use of the Services after any change we make will mean that you agreed with the changes. We will do our best to provide notice to you about any changes but this may not always be possible. IN THE EVENT THAT YOU DO NOT AGREE TO ANY CHANGE, PLEASE DO NOT ACCESS OR USE THE SITE IN ANY MANNER FOR ANY PURPOSE.
These Terms and any agreement or policy referred to in these Terms (as may be amended form time to time) are the entire agreement between you and DIGIT. They supersede any and all prior or contemporaneous agreements between you and DIGIT relating to your use of the Services. If any part of these Terms is determined to be invalid or unenforceable, it will not impact any other provision of these Terms, all of which will remain in full force and effect.
If any portion of these Terms is found to be illegal or unenforceable (in whole or in part) by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms, which shall continue to be in full force and effect.
The failure of DIGIT to require or enforce strict performance by you of any provision of these Terms or failure to exercise any right under them shall not be construed as a waiver or relinquishment of DIGIT’s right to assert or rely upon any such provision or right in that or any other instance.
GOVERNING LAW AND JURISDICTION
These Terms are governed by, and will be interpreted in accordance with, the laws of Ireland, without regard to any choice of law provisions. You agree that, with the exception of injunctive relief sought by DIGIT for any violation of DIGIT’s proprietary or other rights, any and all disputes relating to these Terms will be resolved through the courts of Ireland.
You can direct any questions concerning these Terms to [firstname.lastname@example.org]
Last modified on 16-07-2015