Last updated March 24, 2021

These Terms of Use are entered into by and between you (“you” or “your”) and D3Publisher of America, Inc., and its subsidiaries and affiliates (collectively, “D3Publisher”, “we”, “our”, or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use” or “Terms”), govern your access to and use of applies to all of our mobile applications (“App(s)”), websites (“Site(s)”), games, and other digital properties that link to this Privacy Policy, regardless of how you access or use them or engage with us, including through mobile devices or offline (collectively, the “Services”). You and D3Publisher may each also be referred to as a “Party”, and collectively as the “Parties.”

Please read these Terms carefully before accessing or using our Services. By clicking to accept the Terms, you affirmatively accept and agree to be bound and abide by these Terms and our Privacy Policy found at https://d3go.com/legals/#privacy_policy, incorporated herein by reference (“Privacy Policy”), and to comply with all applicable laws and regulations. IF YOU DO NOT AGREE, DO NOT ACCESS OR OTHERWISE USE THE SERVICES.

All rights not expressly granted to users in these Terms of Use are hereby reserved by D3Publisher.

By using these Services, you represent and warrant that you are of legal age to form a binding contract with us. Parents/guardians are jointly and severally liable for all acts (including purchases and payments made on or through the Services) and omissions of their children aged under eighteen (18) years when accessing or using the Services. If you do not meet all of these requirements, you must not access or use the Services. We reserve the right to request proof of age of any user, at any time, to confirm if access and use are in compliance with these Terms of Use, as well as to cancel any noncompliant accounts. If you are a parent or guardian and believe we have collected children’s personal information in a manner not permitted by applicable law, please contact us by sending a letter to the following address, and we will take corrective action required under applicable law.

D3 Publisher of America, Inc.
Attn.: Privacy Policy Administrator
15910 Ventura Blvd., Suite 800
Encino, CA 91436
(310) 268-0820
privacypolicy@d3go.com.

You understand and agree that you use the Services at your own risk. We have the right to terminate your access and use of the Services at any time for any reason, including if you violate these Terms or otherwise create risk or possible legal exposure for us. Any unauthorized use of the Services is expressly prohibited and we may take any action we deem appropriate, which may include, without limitation, suspension or termination of your account, access to the Services, disqualification from current and future games, and termination of the licenses granted hereunder. The foregoing shall not limit or restrict our available remedies at law.

We reserve the right to amend or update these Terms of Use at any time with or without notice to you, except as required by applicable law. We may also add new features or functionality to, or change or remove existing features or functionality from, the Services that will be subject to the Terms of Use. Any user who continues to use the Services after any changes are made will be deemed to have agreed to those changes.

We make no warranty that the Services can be accessed on all personal computers, games consoles, smartphones, tablets or other devices (each, a “Device”, or in the plural, “Devices”), by means of any specific Internet or other connection provider, or in all countries. You are solely responsible for any third-party costs you incur in order to use the Services and for making all arrangements necessary for you to have access to the Services.

To access the Services, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide on the Services is correct, current, and complete. You agree that all information you provide to register with the Services, submit requests, or in any interactive features, is governed by our Privacy Policy.

The information provided within or in connection with the Services, including, without limitation, the D3Publisher Content (defined below), is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Services or any portion of the Services, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, Property or other feature that we provide.

These Terms of Use were written in English (US). To the extent any translated version of these Terms of Use conflicts with the English version, the English version controls.

You are responsible for any activity that occurs in the real world and through your account. If available, we prohibit the creation of, and you agree that you will not create, an account for anyone other than yourself. You agree to update your information as necessary to maintain its truth, accuracy, and confidentiality.

You shall not select any username which falsely indicates or implies an association with us, is offensive, defamatory, vulgar, obscene, sexually explicit, racially, ethnically, or otherwise objectionable. You may not use a misspelling or alternative spelling to circumvent this restriction.

You are responsible for keeping your password secret and secure.

You can request deactivation of your account (if any) by emailing privacypolicy@d3go.com. Upon the deactivation or termination of your account for any reason, all account or user data may no longer be accessible to you, including, without limitation, any content uploaded, collectibles, items, and other user account progress information. Upon termination, all licenses and other rights granted to you in these Terms of Use will immediately cease.

If you are a registered user of social media sites you may be able to connect your social media account(s) to your account on the Services (if your applicable account has this functionality enabled). Your social media accounts are subject to their own terms of service by and from the applicable third party social media account provider (e.g. Facebook, Amazon/Twitch, Steam, etc.). You acknowledge and agree that irrespective of whether you use an anonymous gamer tag or username, once you connect your account to your social media account, your real name will be available and viewable by your social media “friends”. We are not responsible for your use of your social media accounts and/or your use thereof in connection with the Services. Please also see our Privacy Policy for additional information on social media accounts.

We reserve the right, at any time, to change any fees or charges for any product or Service (or to begin charging fees for any free product or service), provided that such changes will not apply to fees or charges paid or free services used prior to the time of the change. YOU AGREE TO PAY ALL FEES AND APPLICABLE TAXES INCURRED BY YOU OR ANYONE USING THE SERVICES FROM YOUR DEVICE.

You may pay for certain Services and D3Publisher Content in the currency available to and selected by you using the methods made available to you, such as through a payment processor, and you agree to the terms and conditions applicable to such third party payment processor and each payment method you choose. By paying for Services or D3Publisher Content you (i) represent that you are authorized to use the payment method you have selected and that any payment information you provide is true and accurate; (ii) authorize the party charging you for the Services or D3Publisher Content to take payment from you for the Services or D3Publisher Content, using the payment method you have selected; and (iii) accept the terms of service and privacy policies of our third party payment processors.

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE D3PUBLISHER AND EACH OF THE OTHER RELEASED PARTIES (DEFINED BELOW) FROM ANY CLAIMS OR DAMAGES OF ANY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, RELATING TO YOUR PAYMENTS BY AND THROUGH THE THIRD PARTY PROCESSOR. YOU AGREE, UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS.

Unless otherwise noted, the Services as a whole or in part, and all materials that are part of the Services, including without limitation, D3Publisher’s name and logos, game properties, data and analytics, photographs, characters, illustrations, graphics, visual material, video, copy, text, virtual goods, software, titles, code, data and materials used in connection with the Services, the compilation of any of the foregoing, and other materials, products, services and intellectual property made available via the Services (collectively, “D3Publisher Content”) are copyrights, trademarks, trade dress, patent, or other intellectual properties owned, controlled, or licensed by D3Publisher or its subsidiaries and affiliates. You may only use D3Publisher Content for your personal, noncommercial use; any other use of the D3Publisher Content without our express written consent in each instance is strictly prohibited. No right, title, or interest in any D3Publisher Content is granted or transferred to you as a result of your access or use. To the fullest extent permitted by applicable law, this license granted to use the Services is non-transferable. You acknowledge and agree that you shall have no ownership or other property interest in your account and that all rights in and to your account are and shall forever by owned and inure to the benefit of D3Publisher. You further acknowledge and agree that you have no claim, right, title, ownership, or other proprietary interest in the D3Publisher Content, regardless of any consideration offered or paid in exchange for such D3Publisher Content. You may not rent, lease, lend, sell, redistribute or sublicense the Services. Unless otherwise noted herein, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell, or participate in any sale of, or exploit in any way, any of the D3Publisher Content or Services. Unauthorized use of the D3Publisher Content is expressly prohibited by law, and may result in severe civil and criminal penalties. Any use of the D3Publisher Content and Services shall be solely for your private use. You may not remove or alter D3Publisher’s or its licensor’s trademarks or logos, or legal notices included in the Services, D3Publisher Content, or related assets. These Terms of Use will govern any upgrades provided by us that replace and/or supplement the Services, unless such upgrade is accompanied by a separate (and/or updated) agreement in which case the terms of that agreement will govern.

YOU ACKNOWLEDGE AND AGREE THAT, OTHER THAN LICENSE GRANTED TO YOU BY THESE TERMS OF USE, YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY SERVICES OR D3PUBLISHER CONTENT (INCLUDING WITHOUT LIMITATION ANY VIRTUAL GOODS), AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ALL RIGHTS IN AND TO SUCH PROPERTY AND COMPANY CONTENT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF D3PUBLISHER AND ITS LICENSORS.

We reserve the right to modify or terminate the Services or your access to the Services for any reason, without notice, at any time, and without liability to you.

We do not guarantee that any Services or D3Publisher Content will be available at all times or at any given time or that Company will continue to offer the Property or D3Publisher Content for any particular length of time. Company may change and update the Services or D3Publisher Content without notice to you. Company makes no warranty or representation regarding the availability of any Services or D3Publisher Content features and reserves the right to modify or discontinue Services or D3Publisher Content features in its discretion without notice, including, without limitation, ceasing an online service for economic reasons due to a limited number of users continuing to make use of the online service over time. To the fullest extent permitted by applicable law (i) we and our licensors reserve the right to change, suspend, remove, or disable access to any Services or D3Publisher Content at any time without notice, and (ii) we will not be liable for the removal of or disabling of access to any Services or D3Publisher Content.

The Services may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the Services at any time, but we have no obligation to update any information on the Services. You agree that it is your responsibility to monitor changes to our site.

All prices, discounts and descriptions made available on the Services are subject to availability, and may be withdrawn or revised at any time. While we try to be as accurate as possible in the descriptions regarding the products and Services, there may be errors in the information displayed to you. Prices may be indicated on the Services or an order acknowledgement, but the authoritative price in the event of any discrepancy, is the price in effect at the time of acceptance through the charge placed through your selected payment method. Payment shall be made by the payment method selected during your order completion process. We will charge credit or debit cards on dispatch or commencement of the product or Service. We reserve the right to verify and/or authorize credit or debit card payments prior to acceptance. For that reason, we reserve the right to notify you of any errors in product or Service descriptions or in the price prior to the dispatch. If the price is incorrect, regardless of whether it is an error in a price posted on the Services or otherwise communicated to you, then we reserve the right, at our sole discretion, to cancel your order and refund to you the amount that you paid, regardless of how the error occurred. Except as expressly provided elsewhere in these Terms, payment may be taken in full notwithstanding any claim for short delivery or defects.

We offer various payment methods on our Services, some of which are managed by third-party payment and billing providers for which additional terms and costs may apply. Please review such additional terms and costs carefully. You may also be required to create an account with such third-party provider. You agree that we may, at our sole discretion and without further notice, determine and change the availability of certain payment solutions, from time to time without any liability to you. We reserve the right to suspend and/or revoke your account and/or to restrict you from placing orders in the Services and/or to restrict you from using certain payment methods, if we reasonably suspect that you have undertaken (or are attempting/have attempted to undertake) a fraudulent transaction.

Unauthorized “chargebacks” (unwarranted or illegitimate refunds) violate these Terms, and players who engage in the practice will have their accounts removed from the game. Additional steps may also be taken at our discretion.

1. You shall not participate in any activity that is in violation of any federal, state, or local law including without limitation, all regulatory, administrative and legislative authorities.
2. You shall not use the Services to develop, host, or distribute cheats, automation software (bots), modded lobbies, hacks, mods or any other unauthorized third-party software in connection with the Services, or engage in any form of cheating, boosting, or booting.
3. You shall not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Services or D3Publisher Content, any updates, or any part thereof (except as and only to the extent allowed by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the licensed application) for any commercial purpose, including, without limitation (a) to enable use at a cyber cafe, computer gaming center or any other location-based site without our express written consent; (b) for gathering in-game currency, items or resources for sale outside the Services; (c) performing in-game services in exchange for payment outside the Services, e.g., power-leveling; or (d) the sale of accounts, log-in information, or other Property materials, access, or rights.
4. You shall not disable, hack, circumvent or otherwise interfere with security related features of the Services or features that prevent or restrict use or copying of any D3Publisher Content or materials.
5. You shall not use any unauthorized third-party software that intercepts, “mines”, or otherwise collects information from or through the Services.
6. You must not interfere or disrupt the Services, D3Publisher Content, or servers or networks connected to the Services, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any service is rendered or displayed in any other user of the Services’ browser or device.
7. You shall not, except as authorized by us in writing, host, provide or develop matchmaking services for the Services, or intercept, emulate or redirect the communication protocols used by us in any way, for any purpose, including without limitation unauthorized play over the internet, network play, or as part of content aggregation networks.
8. You shall not destroy, interfere with or disrupt, or attempt to interfere with or disrupt (including scan, probe or test the vulnerability of), any web pages available on the Services, servers or networks connected to the Services or the technical delivery systems of our providers or break any requirements, procedures, policies or regulations of networks connected to the Services.
9. You shall not scrape, copy, aggregate, redistribute, alter, reproduce or re-use any user’s (whether specific to any particular user or as an aggregation) information accessible through the Services.
10. You shall not solicit, collect or use the login credentials or other confidential information of users.
11. You shall not defame, stalk, bully, abuse, harass, threaten, impersonate, bully, or intimidate people or entities and you must not post private or confidential information via the Services, including, without limitation, your or any other person’s credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
12. You shall not use the Services to defraud any user, including by scamming or social engineering;
13. You shall not use the Services to play on another user account thereby falsely boosting such account’s status or ranking;
14. You shall not partake in any behavior that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability.
15. You shall not create or submit unwanted email, comments or other forms of commercial or harassing communications (a/k/a “spam”) to any users.
16. You shall not create accounts with the Services through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
17. You shall not attempt to restrict another user from using or enjoying the Services and you must not encourage or facilitate violations of these Terms of Use.
18. You shall not infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity.
19. You shall not upload any content to the Services which contains nudity, excessive violence, illegal drugs or use of alcohol, or other content which we may deem offensive, or any link to the foregoing content.
20. You shall not place bets, wagers, or engage in any form of betting or gambling activity on or in connection with the Services.
21. Without limiting the foregoing, you shall not use the Services for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Services and your Communications, including but not limited to, copyright laws.

Please be aware that your failure to abide by these Rules of Conduct shall, at all times, constitute a violation of these Terms, and if we learn of such acts, by any means, we may investigate or terminate your license to, access, or use of the Services as we may determine in our sole discretion. Notwithstanding, such actions are cumulative to those rights and remedies available to us at law.

You may be able to link from the Services to third party websites and third party websites may link to the Services (each and collectively, “Linked Sites”). You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such websites or the information, content, products, services, code or other materials presented on or through such websites. The inclusion of any link to such sites on our Services does not imply our endorsement or recommendation of that site and we do not represent or warrant that the contents of any third party website is accurate, compliant with state or federal law, or compliant with copyright or other intellectual property laws. Any access to or reliance on the contents of a third party website is done at your own risk.

We welcome your comments and feedback regarding our Services, products, and services. We do not, however, accept confidential or proprietary information. Thus, all comments, feedback, ideas, suggestions, materials, information, and other submissions disclosed, submitted or offered to us using Services or otherwise (collectively, “Communications”) are not confidential and will become and remain our property. The disclosure, submission, or offer of any Communications will constitute an assignment to us of all worldwide rights, titles, and interests, and goodwill in the Communications without payment of any compensation. Additionally, Communications submitted by you must not violate any right of any third party, and must not contain any libelous, abusive, obscene, or otherwise unlawful material. If your Communications violate these Terms of Use, you may bear legal responsibility for such Communications.

The Services may include message boards, content sharing features, and other means by which you and other users may share content that you create (“UGC”). You are responsible for your UGC (or UGC created by use of your account). To the fullest extent permitted by applicable law, by submitting any UGC (including without limitation, images, videos, customer service submissions, idea submissions, suggestions and message postings) you automatically grant (or represent and warrant that the owner of such rights has expressly granted) us a perpetual, worldwide, royalty-free, fully paid-up, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, sub-license, create derivative works from and distribute such UGC or incorporate such UGC content into any form, medium, or technology now known or later developed throughout the universe, and agree that we shall be entitled to unrestricted use of the UGC for any purpose whatsoever, commercial or otherwise, without compensation, notice or attribution. You waive and agree not to assert any moral or similar rights you may have in any of your UGC. To the extent the Services permit other users to access and use your UGC, you also grant all other users of the Services the right to use, copy, modify, display, perform, create derivative works from, and otherwise communicate and distribute your UGC on or through the Services without further notice, attribution or compensation to you. All UGC must comply with these Terms of Use, including without limitation, the Rules of Conduct.

You represent and warrant that any UGC you provide (i) does not and will not violate any third party intellectual property rights and/or any other person’s rights, including, without limitation, any privacy rights and/or so-called “moral rights”; and (ii) its use as contemplated herein does not and will not require the payment of any royalty or any consideration to a third party. You may not upload or post any UGC that infringes the copyright, trademark or other intellectual property rights of a third party nor may you upload any UGC that violates any third party’s right of privacy or right of publicity, or may require the payment of a royalty or other consideration to a third party. You are responsible and liable for any UGC you place on or through the Services, including the transmission, posting, or other provision of text, files, links, software, photographs, video, sound, music or other information or material. You may only upload your own UGC to the Services; do not upload anyone else’s UGC. We do not endorse nor assume any liability for the contents of any UGC.

We have no obligation to monitor, approve, verify, or prescreen any UGC that you and other users may contribute to or through the Services. We reserve the right (but have no obligation) to remove, block, edit, move or disable UGC for any reason. To the maximum extent permitted by applicable law, we do not assume any responsibility or liability for your UGC or that of other users, or for any failure to monitor, edit, or remove UGC. You agree that you shall not hold us liable for any loss or damage arising from the contents of any UGC (yours or another user’s) including without limitation in respect of any defamation, harassment, or false endorsement claims.

Some features available on the Services may permit you to share certain information about yourself with other users of the Services or the general public, including people who may not be registered users of the Services. You acknowledge and confirm that you have no expectation of privacy when using such features, including without limitation, uploading or submitting UGC; comparing your statistics, personal bests and leaderboards against other users; searching for other users by username; and linking to social media accounts that publicly display user information. See our Privacy Policy for further details.

We may monitor the use of the Services for a variety of purposes, including to prevent cheating or hacking, improve the services provided in connection with the Services and D3Publisher Content, and monitor your and user behavior for any violation of these Terms of Services. Notwithstanding, nothing herein shall be construed to obligate us to monitor and police the Services, and we have no liability to you in connection with your use of the Services.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES, COMPANY CONTENT, UGC (INCLUDING COMMUNICATIONS), FUNCTIONS, AND ALL OTHER MATERIALS PROVIDED OR DISPLAYED THROUGH THE SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS AND NEITHER D3PUBLISHER NOR ITS PARENT COMPANY, SUBSIDIARY COMPANIES, LICENSORS, AFFILIATES, NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”) WARRANTS THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ALL OF THE D3PUBLISHER CONTENT OR OTHER INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICES WILL BE ACCURATE, COMPLETE, OR USEFUL. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION AS TO INFORMATION, DATA, DATA PROCESSING, UPTIME OR UNINTERRUPTED ACCESS, THE AVAILABILITY, USABILITY, ACCURACY, PRECISION, CORRECTNESS, COMPLETENESS, OR USEFULNESS, SECURITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO US OR VIA THE SERVICES.

YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE RELEASED PARTIES DO NOT WARRANT THAT YOUR USE OF THE PROPERTIES IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE RELEASED PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE.

BY ACCESSING OR USING THE PROPERTY YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICES.

THE RELEASED PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE RELEASED PARTIES SHALL NOT BE LIABLE IN ANY WAY FOR DAMAGE OR LOSS OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (A) THE USE OF OR INABILITY TO USE THE SERVICES INCLUDING WITHOUT LIMITATION LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION; (B) THE LOSS OR DAMAGE TO CHARACTERS, ACCOUNTS, STATISTICS, INVENTORIES, VIRTUAL GOODS, OR USER PROFILE INFORMATION; (C) INTERRUPTIONS OF SERVICE INCLUDING WITHOUT LIMITATION ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES, FAILURES OF ANY THIRD PARTY BILLING SOLUTIONS OR OTHER SERVICES, OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE; (D) THE PROPERTIES; (E) THE D3PUBLISHER CONTENT; (F) UGC (INCLUDING COMMUNICATIONS); (G) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICES; (H) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE RELEASED PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE SERVICES; (I) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (J) ANY ERRORS OR OMISSIONS IN THE SERVICES’ OPERATION; OR (K) ANY DAMAGE TO ANY USER’S OR THIRD PARTY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE PROPERTY) .

IN NO CASE SHALL D3PUBLISHER’S AGGREGATE LIABILITY EXCEED THE AMOUNT THAT YOU PAID TO US DURING THE TWELVE (12) MONTHS PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE.

YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF OUR ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE RELEASED PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, OR OTHER CONTENT OWNED OR CONTROLLED BY THE RELEASED PARTIES.

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, OR OTHER TYPES OF DAMAGES, IN SUCH STATES OR JURISDICTIONS, YOU MAY HAVE DIFFERENT OR ADDITIONAL RIGHTS ACCORDING TO THE APPLICABLE LAWS OF COUNTRY FROM WHICH YOU VALIDLY ACQUIRED AND USE THE SERVICES AND IN WHICH CASE THE LIABILITY OF D3PUBLISHER AND ITS AFFILIATES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

BY ACCESSING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, THAT IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

D3PUBLISHER IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

You (and also any third party for whom you operate an account or activity on the Services) agree to indemnify, defend (at our request) and hold the Released Parties harmless from and against any claims, liability, losses, costs and expenses (including reasonable outside attorneys’ fees) arising out of or in any way connected with (including as a result of (i) your direct activities in connection with the Services or those conducted on your behalf); (ii) your Communications or your access to or use of the Services; (iii) your breach or alleged breach of the Terms of Use ; (iv) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (v) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (vi) any misrepresentation made by you. You will cooperate as fully required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without our prior written consent.

The law applicable to the interpretation and construction of these Terms of Use and any transaction (including purchases made via the Services) using or relating to the Services shall be the laws of the State of California without regard to principles of conflict of laws AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE.

If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. Our failure to insist upon or enforce strict performance of any provision of these Terms of Use will not be construed as a waiver of any provision or right.

No waiver of any of these Terms of Use will be deemed a further or continuing waiver of such term or condition or any other term or condition.

You will not assign the Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any purported assignment or delegation by you without our prior written consent will be null and void. We may assign these Terms of Use or any rights hereunder without your consent. These Terms of Use do not confer any third-party beneficiary rights.

If you are using the Services on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. These Terms of Use constitute the entire agreement between you and D3Publisher and governs your use of the Services, superseding any prior agreements between you and us.