Latest version: 22.11.2017.
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.
1.4. 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 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. The 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.
1.4.11. 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 Territory) in accordance with the applicable legislation of that Territory.
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 [email protected], 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.
4.6. 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;
• violates 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 prior 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.
8.6. 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 in 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 their 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: [email protected] 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 own 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). If the User initiates the return of payment for Additional Services in order to prevent Fraudulent operations, the Rights Holder shall suspend the provision of the Services until the circumstances of such return are clarified. In any case, the User may contact the Rights Holder with explanations regarding the refund of the Additional Services payment. After the legality of the User’s actions has been confirmed, access to the Services will be resumed.
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 shall 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 [email protected] 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.
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 [email protected] 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.