Last modified: 2020-01-11
This agreement (the “Agreement”) sets forth the terms and conditions by which DFragonline, Inc. offer you access to use and enjoy:
- The underlying mobile application dragonline (the “Application”);
- Any other of our apps, websites, games, or services that link to this Agreement, regardless of how you access or use them, including through mobile devices.
Please read the terms of this Agreement carefully. By clicking the “Accept” button below, or by using any of dragonline services, you agree that this Agreement is enforceable like any written contract signed by you.
Please Note: Like many consumer contracts, this Agreement contains a mandatory arbitration provision and waiver of class action rights. Please read Section 15 to learn more.
Only people ages 13 or older may create an account or use dragonline Services. If you’re at least 13 years old, but not yet legally considered an “adult” in the country you live in, you must ask one of your parents (or other legal guardians) to read this Agreement and accept it on your behalf. You may not create or use an account or use any of the Dragonline Services on behalf of a legal entity or for a commercial purpose.
To signup to our application you have to:
- read and accept the terms of this Agreement
- download and install a valid copy of the application
- register for an account
You must pay for your own internet connection, equipment, servicing, and any repair costs necessary to access the application.
You can’t share your account or Login Credentials with anyone. You can’t sell, transfer or allow any other person to access your account or Login Credentials, or offer to do so. You’re entirely responsible for maintaining the confidentiality of your Login Credentials. Please notify us immediately if you become aware of any breach of security, including any loss, theft or unauthorized disclosure of your Login Credentials.
People can suspend or ban your account:
- You. You may ban or suspend your account at any time by contacting us at firstname.lastname@example.org.
- We may ban or suspend your account if we determine, in our sole discretion, that:
- you have violated any part of this Agreement
- we have stopped offering dragonline services in your region
- doing so would be in the best interests of our community, dragonline services, or the rights of a third party.
We may make such determinations, among other ways, by using automated systems and machine learning tools.
If your account is banned, you’ll no longer have access to it, including any of the associated data or content. You’ll not be entitled to any refunds and we’ll have no liability to you. We also reserve the right to ban any other accounts you may have created, as well as your access to any other dragonline services (also without any refunds or liability to you).
You understand and agree that using dragonline services comes with the risk that your account may be banned or suspended and that, whenever you use dragonline services, you’ll bear this risk in mind and always conduct yourself appropriately.
We grant you a limited, non-exclusive, non-transferable, revocable license to use and enjoy the Dragonline Services for your individual, non-commercial, entertainment purposes only and expressly conditioned upon your compliance with the terms of this Agreement. Unless otherwise expressly authorized by us in a signed writing, you may not sell, copy, exchange, loan, reverse engineer, decompile, derive source code from, translate, lease, grant a security interest in, transfer, publish, assign or otherwise distribute any of the Dragonline services’ intellectual property, including any computer code associated therewith.
You also agree that unless we grant you a license, in a signed written contract, you may never use any of our trademarks, service marks, trade names, logos, domain names, taglines, or trade dress. Any reproduction, redistribution, or modification of dragonline services, or use of dragonline services not in accordance with this Agreement, is expressly prohibited and may result in severe civil and/or criminal penalties.
Consent to monitoring
One aspect of the application may require you to pay a fee, and you agree that you’ll provide accurate and complete payment info to us or the third-party payment provider used by us. You further agree to pay all fees and applicable taxes incurred by you or anyone using an account registered to you. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes due and payable. If there is a dispute regarding payment of fees to us, your account may be banned or suspended without warning or notice at our sole discretion.
Updates and modifications
We may (and probably will) create updated versions of this Agreement in the future as dragonline services and applicable laws evolve. When we do, we’ll ask you to agree to a new agreement which will supersede and replace this Agreement. You’ll be given an opportunity to review any new agreement we present to you and decide whether you wish to agree to the revised terms. If you accept the new agreement, you’ll be able to continue using dragonline services. If you decline the new agreement, you’ll not be able to use the dragonline services.
In an effort to improve dragonline services, you agree that we may change, modify, update, suspend or restrict your access to any features or parts of dragonline services, including Virtual Goods, and may require that you download and install updates to any software required to support dragonline services, at any time without notice or liability to you.
Notice and procedure for claims of copyright infringement (DMCA)
If you’re a copyright owner or agent thereof and believe that content posted on the Website or elsewhere in the Dragonline infringes upon your copyright, please submit a mail to email@example.com with:
- An electronic or physical signature of the person authorized to act on behalf of the copyright owner
- A description of the copyrighted work that you claim has been infringed
- The URL of the location on the Website (or other location within dragonline services) containing the material you claim is infringing
- Your address, telephone number, and email address
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Warrantly and disclaimer
DRAGONLINE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DRAGONLINE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WHICH MIGHT APPLY TO DRAGONLINE SERVICES, INCLUDING, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, AND ANY WARRANTIES AS TO THE ACCURACY, RELIABILITY OR QUALITY OF ANY CONTENT OR INFORMATION CONTAINED WITHIN DRAGONLINE SERVICES. DRAGONLINE DOES NOT WARRANT THAT DRAGONLINE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE DRAGONLINE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR SELECTING THE DRAGONLINE SERVICES TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM DRAGONLINE SERVICES.
For example, if you use dragonline services as part of a business operation (something you’re not allowed to do) and we get sued because of what you’re doing, you’ll have to defend us in court and pay for any damages we incur.
Limitation of liability
UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL DRAGONLINE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA, LOSS OF GOOD WILL, OR LOST PROFITS), OR ANY DAMAGES FOR GROSS NEGLIGENCE OF ANY KIND (INCLUDING, DAMAGES FOR WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES) ARISING FROM YOUR USE OR MISUSE OF DRAGONLINE SERVICES, EVEN IF DRAGONLINE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL DRAGONLINE BE LIABLE FOR ANY DAMAGES IN EXCESS OF ANY AMOUNT YOU HAVE PAID TO DRAGONLINE FOR APPLICATION-RELATED TRANSACTIONS, IF ANY, DURING THE SIX (6) MONTHS IMMEDIATELY PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE.