Last updated March 24, 2021
Children & Parents
D3 Publisher of America, Inc.
15910 Ventura Blvd., Suite 800
Encino, CA 91436
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.
Access and Costs
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.
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.
Account Creation, Suspension and Deactivation
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.
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.
D3Publisher Content and License
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.
Pricing and Payments
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.
Rules of Conduct
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.
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.
Linked Sites and Third Party Websites
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.
Feedback and Comments
User Generated Content
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.
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.
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.
Limitation of Liability
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.
Jurisdiction and Applicable Law