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Terms of Service

Last updated: September 24th, 2019

The following agreement, or Terms of Service (“Terms”), was created by the owner and operator of this website, Dragonwatt Games, LLC (hereby “we” “us” “our” or “the Company”), a business established in Washington state, to govern the use of our products and services (“Service”) by you.

By accessing and using our Service, you agree to be legally bound by the Terms as outlined herein. At any time you disagree with the Terms, you must cease using our Service immediately. Please read the following carefully.

Our Service includes accessing the domains registered by us and any successors and assigns. The Company’s primary domain is www.dragonwattgames.com and it also operates the domain located at www.riseofthegods.com (the “Websites”). Other products and services may also be provided in the future and will be incorporated into these Terms appropriately.

Please also see our Privacy & Cookie Policy as they apply to the Terms.

TERMS

1. INFORMATION

a. Our Service is provided for informational use only. Even though we strive to be as timely and accurate in the delivery of information, we shall not be responsible or liable for the accuracy, usefulness, or availability of the information provided by our Service. We shall also not be responsible or liable for any error or omission of said information.
b. We are not responsible for any damages or injuries caused by the reliance of information on our Service. Your handling of the information on our Service is done so solely at your own risk.

2. OWNERSHIP

a. All content and material, without limitation to information, software, text, graphics, photographs, sound, video, and characters and their likeness on our Service are owned by us unless otherwise noted, and protected by international copyright, trademark, trade secret, and other proprietary rights and intellectual property laws. All other rights reserved.
b. Other content and material uploaded to or generated on our Service are considered our property and we assert all rights to and interest in said content and material. Exceptions may apply. (Also see the sections on User Generated Content and Unsolicited Submissions.)
c. Your use of our content is by express license only and not for sale. You have no right to ownership or interest in our content, including your account, and agree that your use of any content you create, submit, or upload to our Service may be subject to the license granted to you by these Terms.

3. ACCOUNTS

a. To access some of the services found on our Service you may be required to register an account with us. This may include providing personal and non-personal identifying information such as an email address, username, and location, as well as verifying your age. This registration information you provide is protected under our Privacy Policy. You agree to provide current and accurate registration information and to maintain and update said information as necessary.
b. If you register an account, you agree to only register a single account for yourself. Multiple accounts for the same user are prohibited.
c. You agree not to register an account if you are under the age of thirteen. We do not knowingly collect information about people under the age of thirteen and will make all reasonable efforts to remove said information if it’s discovered on our Service.
d. You agree that if you’re required to create a password for your account, you won’t share it with another user. If you lose this password or think it may have been given to or stolen by another user, you agree to contact us immediately.
e. Only natural persons are allowed to register an account. Non-natural persons such as business entities or bots are prohibited from registering accounts and will be deleted on sight.
f. Violation of these Terms can result in the suspension or deletion of your account, with or without prior notice, at the sole discretion by us.

4. LICENSE & RESTRICTIONS OF USE

a. We grant you a limited, non-exclusive, non-transferable, revocable, and personal license to use our Service for non-commercial purposes, as permitted by the entirety of these Terms. At our sole discretion and for any or no reason, all or part of our Service may be terminated at any time, without liability to you.
b. This license does not confer ownership rights of our Service to you, and you agree that all rights you acquire, including your account, shall always be owned by and inure to the benefit of us
c. While using our Service, you are restricted from the following activities and understand that violating these restrictions may result in the termination of your use:

i. exploiting, manipulating, and/or reverse-engineering our code and data through security vulnerabilities or via bypassing our security;
ii. Creating unauthorized connections to and/or emulating our Service;
iii. Data mining and/or aggregating information made available by our Service;
iv. Reproducing content made available by our Service without prior written permission;
v. Selling or attempting to sell any portion of our Service;  
vi. Hacking and/or attaining access to another user’s account;
vii. Cheating and/or facilitating cheating by producing, using, or distributing a hack, code, device, program, software, or anything else unauthorized by us to gain an advantage over other users;
viii. Advertising and/or selling another product or service, whether directly or indirectly;
ix. Forging and/or plagiarizing content found on our Service;
x. Impersonating other users and/or our staff;
xi. Infringing on the rights of our intellectual property or the property of others;
xii. Disrupting or attempting to disrupt access to our Service.

d. You grant us consent to access your account, registration data, usage data, and other information related to your use of our Service to provide you with customer service, to research complaints or abuses of these Terms, and other reasons outlined in our Privacy Policy as part of the normal course of doing business.

5. USER GENERATED CONTENT

a. Through use of our Service, you may have the option to upload or post content or material to our Websites, including information, software, text, graphics, photographs, sound, and video (“User Generated Content”). You understand that your User Generated Content will be considered non-confidential. Do not upload or post anything you wish to remain confidential.
b. You agree to grant us a non-exclusive, transferable, irrevocable, royalty free, perpetual worldwide right and license to use, modify, adapt, sell, distribute, promote, display, recreate, translate, and create derivative works from your User Generated Content (in whole or in part) in any media or format of our choosing. You agree to waive all claims that our use of your User Generated Content violates your copyright, trademark, trade secret, patent, proprietary, privacy, publicity, moral, attribution or other rights, as fully permitted by law.
c. You agree to represent and warrant that your User Generated Content is owned or controlled by you or that you have the right to share it; that it’s not misleading or fraudulent; that it doesn’t violate a law, rule, or the rights of others; that it isn’t obscene, derogatory, profane, hurtful, threatening, libelous, defamatory, pornographic, or otherwise abusive in any way; and that it’s free of any file, data, software, or program that could cause damage to our Service or to other users. You agree to pay all fees and expenses resulting from any damage caused and/or royalties due from your User Generated Content.
d. You understand that we don’t regularly screen the User Generated Content uploaded and posted to our Service, that it doesn’t reflect our views or values, and we are not responsible or liable for damage or injury caused by it. However, we reserve the right to monitor, edit, and delete any User Generated Content at our sole discretion. Likewise, you are responsible for your own User Generated Content, and you may be able to remove it with a feature made available on our Service, with our assistance if requested.

6. UNSOLICITED SUBMISSIONS

We encourage feedback from our fans in the appropriate venues (such as feedback forms or polls), but please note that we do not accept unsolicited submissions (e.g. suggestions, ideas, or creative works) delivered to us via post, email, or other methods of communication. If you still choose to send unsolicited submissions to us, be aware we may ignore, destroy, or delete them, without notice to you, for any or no reason. Also, be aware by sending unsolicited submissions you agree to waive all confidentiality of its contents. 

7. EXTERNAL LINKS & LINKS TO OUR WEBSITES

a. We don’t purport to own or have an interest in external websites made available through links on our Service. These links are offered for convenience only and you assume all risk when choosing to access an external website through one of them, as we make no guarantees about your safety or the accuracy of information found on external websites. Please consult any terms and policies on those websites to learn about your rights there.
b. You are allowed to link to our Service so long as you don’t purport to own or have an interest in our rights or property, and so long as you don’t attempt to mislead others or misrepresent our Service in any way. Linking to our Service in no way demonstrates an express or implied endorsement by us.

8. TERMINATION

a. At any time, either party may choose to terminate this agreement. Upon termination, you will lose access to our Service, including your account, and your User Generated Content uploaded to our Websites.
b. You may terminate your use of our Service by ceasing to use our Service and request your account (if any) be deleted. Associated User Generated Content such as posts and comments are not guaranteed to be deleted at that time.
c. We may terminate all or part of your use of our Service at our sole discretion and for any or no reason, without liability to you. Generally, this would happen because of a breach of these Terms, or if we decide to no longer offer the Service in your region or at all.

9. NO WARRANTIES

a. DRAGONWATT GAMES, LLC PROVIDES ITS SERVICE “AS IS” WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED. WE MAKE NO GUARANTEES THAT YOU WILL HAVE ACCESS TO OUR SERVICE DURING THE TIMES OR IN THE LOCATIONS OF YOUR CHOOSING, OR AT ALL, OR THAT OUR SERVICE WILL BE PROVIDED UNINTERRUPTED AND FREE FROM VIRUSES, ERRORS, OR INACCURACY. WE DISCLAIM ALL WARRANTIES, REPRESENTATION, AND CONDITIONS MADE REGARDING OUR SERVICE OR THE CONTENT OF OUR WEBSITES TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW.
b. Notwithstanding these Terms, we in no way purport to exclude or limit our liability in such a manner which would be unlawful. Certain jurisdictions don’t allow the disclaimer of implied warranties, in which case the associated disclaimer might not apply to you.

10. LIABILITIES

a. Dragonwatt Games, LLC, our parent, our affiliates, our suppliers, or our licensors, plus each of our and their respective employees, agents, officers, or directors will not be liable to you for any loss, including real or unrealized, of revenue, profit, information, reputation, business opportunity, or content, nor will the aforementioned parties be liable to you for damages or injury resulting from the use, misuse, inability to use, error, defect, omission, interruption, deletion, or destruction of our Service.
b. The total combined maximum liability of Dragonwatt Games, LLC, our parent, our affiliates, our suppliers, and our licensors to you for loss or damage resulting from your use of our Service is capped at the amount of money you paid to us in US Dollars for said use within a one year period since the cause of loss or damage arose.
c. You will be liable to Dragonwatt Games, LLC, our parent, our affiliates, our suppliers, and our licensors, plus each of our and their respective employees, agents, officers, and directors for any loss or damage caused by you for breaching these Terms and/or your misuse of our Service.

11. INDEMNIFICATION

You agree to defend, indemnify, and hold us, our parent, our affiliates, our suppliers, and our licensors, plus each of our and their respective employees, agents, officers, and directors past or present, harmless from any and all claims, actions, proceedings, and/or damages (and all associated reasonable attorneys’ fees) alleged by a third party to the extent arising from your breach of these Terms.

12. GOVERNING LAW, DISPUTES, & LIMIT ON DISPUTES

a. This agreement, including your interactions with us arising from your use of our Service, will be subject to the laws governed by the state of Washington. You and we both agree to the exclusive jurisdiction of the courts in the state of Washington, except for disputes covered in section 12b.
b. If a dispute between you and us should arise, you and we both agree to make a reasonable effort to resolve the dispute ourselves. If we can’t, you and we both agree to resolve the dispute in arbitration, as governed by the rules of the American Arbitration Association.
c. You agree not to bring a dispute against us (including claims, actions, or proceedings) resulting from your use of our Service more than one year after such an event occurred that caused the dispute.

13. INFRINGEMENTS

a. If you suspect content on our Service infringes on your rights, please send us the following information:

i. Your name, address, account (if applicable), phone number, and email address.
ii. The type of content and explanation of your rights to it (copyright, trademark, exclusive license, etc), including proof of your rights.
iii. The exact location where you found the content (URL).
iv. A sworn, dated statement signed by you or an agent who can legally sign for you stating that you believe in good faith that the content was not authorized for use (the signature can be electronic).

You may report the infringement to support@dragonwattgames.com with the subject line “Infringement,” or mail it to:

Dragonwatt Games, LLC
22525 SE 64th PL
Suite 200
Issaquah, WA, US, 98027

 

14. GENERAL

a. Assignment. You are prohibited from assigning or transferring these Terms to another party. However, we reserve our rights to assignment and transfer.
b. Entire Agreement. These Terms along with the Privacy & Cookie Policy constitute the entire agreement between you and us. Other correspondences, whether written or oral, have no legal bearing on this agreement and should not be considered or misconstrued to be part of this agreement.
c. Failure of Enforcement. A failure to enforce any part of these Terms by us is not an indication that we’ve waived our rights to rely upon these provisions put forth within the agreement, either now or in the future. Even while unenforced, our rights granted herein remain in full effect.
d. Severability. If any section or subsection of these Terms is found to be unenforceable or illegal by a court of law, then it is considered severed from the remainder of the agreement. You agree to the full force and effect of the remainder of the agreement.
e. Void where prohibited.
f. Organization. The headers of these Terms’ sections and subsections are for convenience and organizational purposes only. They are not intended to change the interpretation of the provisions found within their respective sections and subsections.
g. Updates & Amendments. We may make adjustments and/or amend these Terms at any time for any reason, at our sole discretion. If we do, we will notify you in a reasonable way (such as a notice on the homepage). If you find the adjustments or amendments to these Terms unacceptable or you find you are out of compliance with these Terms, you must terminate your use of our Service immediately.