Created: 2020-01-10

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:

While using these products and services (collectively, the “Dragonline”) we may require you to provide personal info. We retain and use such info according to the terms of our Privacy Policy (the “Privacy Policy”).

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.

Your account

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:

You must pay for your own internet connection, equipment, servicing, and any repair costs necessary to access the application.

You must always supply us with accurate and complete info, including if you provide us with your name, address, birthdate, email address or credit card info. We’ll use this info according to our Privacy Policy.

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.

Account banned

People can suspend or ban your account:

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.

Limited license

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

We monitor use of dragonline services for a wide variety of different purposes, including preventing cheating and hacking, and improving dragonline services. Please be sure to read our Privacy Policy for important details about how we process info in connection with your use of dragonline services.

Fees

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 support@dragonline.gg with:

Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed. Please note that these notifications are legal notices and dragonline may provide copies of such notices to the participants in the dispute or to third parties, at its discretion or as required by law. The Privacy Policy does not protect information provided in this notice.

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.

Indemnification

YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS DRAGONLINE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS AND DIRECTORS FROM AND AGAINST ANY AND ALL CLAIMS, LAWSUITS, DAMAGES, LOSSES, LIABILITIES AND COSTS (INCLUDING ATTORNEY FEES) THAT DIRECTLY OR INDIRECTLY ARISE OR RESULT FROM YOUR USE OR MISUSE OF DRAGONLINE SERVICES, ANY VIOLATION BY YOU OF ANY OF THE PROVISIONS OF THIS AGREEMENT OR THE PRIVACY POLICY, OR ANY INFRINGEMENT BY YOU OF ANY THIRD PARTY’S RIGHTS. Dragonline reserves the right, at its own expense and in its sole and absolute discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you’ll cooperate with dragonline in asserting any available defenses.

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.