Terms of Service
1. About these terms
1.2 You agree that you are at least 13 years of age and that if you are between the ages of 13 and 18 years old, your legal guardian has reviewed and agrees to these terms in order for you to play our mobile Games.
1.3 You can access these terms at any time at http://www.dawndice.com
We reserve the right to make changes to these terms at any time in accordance with paragraph 14 below and your continued use of our mobile Games shall confirm your acceptance of the updated terms.
2. About accessing and playing our mobile Games
2.1 The specific game rules, scoring rules, controls and guidelines for each mobile game can be found within the mobile game itself. Such rules, scoring rules, controls and guidelines form part of these terms and you agree that you shall comply with them in respect of each individual mobile game which you choose to access and/or play.
2.2 You are responsible for the internet connection and/or mobile charges that you may incur for playing our mobile Games. You should ask your mobile service provider if you are unsure what these charges will be, before you play.
2.3 We have the right to withdraw or modify one or more of our mobile Games (in whole or in part) without liability to you from time to time for:
technical reasons (such as technical difficulties experienced by us or on the internet) to allow us to improve user experience where we have legal reasons for doing so (including privacy or other legal objections to the content or conduct of our mobile Games) because the game is no longer a sustainable business decision for us to provide the relevant mobile Game or because we have altered the services we provide.
2.4 There may also be times when our mobile Games or any part of a mobile Game is not available for technical or maintenance related reasons, whether on a scheduled or unscheduled basis.
3.1 You agree that you shall take all steps necessary to protect your log in details and keep them secret. You agree that you shall not give your log in details to anyone else or allow anyone else to use your log in details or account. In these terms, references to "log in details" or "account" include your log in details and account for any social network or platform that you may allow our mobile Games to interact with.
3.2 If you fail to keep your login details secret, or if you share your login details or account with someone else (whether intentionally or unintentionally), you accept full responsibility for the consequences of this (including any unauthorized purchases) and agree to fully compensate us for any losses or harm that may result.
3.3 We will not be responsible for any loss that you suffer as a result of an unauthoriszed person accessing your account and playing our mobile Games and we accept no responsibility for any losses or harm resulting from its unauthoriszed use, whether fraudulently or otherwise.
3.4 We reserve the right to delete your account if no activity is conducted by you in relation to the account for 180 or more days. In such event, you will no longer be able to access and/or use any Virtual Money and/or Virtual Goods (as defined below) associated with that account and no refund will be offered to you in relation to the same.
3.5 You understand that if you delete your account, or if we delete your account in accordance with these terms, you may lose access to any data previously associated with your account (including, without limitation, the level or score you have reached in our mobile Games and any Virtual Money or Virtual Goods associated with your account).
4. Virtual Goods and Virtual Money
4.1 Our mobile Games may include virtual currencies such as coins, gold coins and points ("Virtual Money") or items or services for use with our mobile Games ("Virtual Goods"). You can buy Virtual Money from us for real money if you are at least 18 years old. If you are over 18 years old you may also be able to buy Virtual Goods for with real money and/or other credits. You agree that Virtual Money and Virtual Goods can never be exchanged for real money, real goods or real services from us or anyone else. You also agree that you will only obtain Virtual Money and/or Virtual Goods from us, and not from any third party.
4.2 You do not own Virtual Goods or Virtual Money but instead you purchase a limited personal revocable license to use them and any balance of Virtual Goods or Virtual Money does not reflect any stored value.
4.3 You agree that all sales by us to you of Virtual Money and Virtual Goods are final and will be refunded only in cases that relevant laws allow once it has been made. However, please note that when you purchase a license to use Virtual Goods or Virtual Money from us, the performance of our services begins promptly once your purchase is complete and therefore your right of withdrawal is lost except the cases relevant laws allow.
4.4 We reserve the right to control, regulate, change or remove any Virtual Money or Virtual Goods without any liability to you.
4.5 Without limiting paragraph 3.5, if we suspend or terminate your account in accordance with paragraph 7 of these terms you will lose any Virtual Money and Virtual Goods that you may have and we will not compensate you for this loss or make any refund to you.
4.6 Your game play data which means a complete collection of data related to (the game-play information including but not limited to game points, currency, items, and etc) may be initialized once you remove the app from your mobile devices.
5. User conduct and content
5.1 You must comply with the laws that apply to you in the location that you access our mobile Games from. If any laws applicable to you restrict or prohibit you from playing our mobile Games, you must comply with those legal restrictions or, if applicable, stop accessing and/or playing our mobile Games.
5.2 You promise that all the information you provide to us by accessing and/or playing our mobile Games is and shall remain true, accurate and complete at all times.
5.3 Information, data, software, sound, photographs, graphics, video, tags, or other materials may be sent, uploaded, communicated, transmitted or otherwise made available via our mobile Games by you or another user ("Content"). You understand and agree that all Content that you may be sent when playing our mobile Games, whether publicly posted or privately sent, is the sole responsibility of the person that sent the Content. This means that you, not us, are entirely responsible for all Content that you may upload, communicate, transmit or otherwise make available via our mobile Games.
5.4 You agree not to upload, communicate, transmit or otherwise make available any Content that is or could reasonably be viewed as unlawful, harmful, harassing, defamatory, libelous, obscene or otherwise objectionable that is or could reasonably be viewed as invasive of another's privacy that is likely to, or could reasonably be viewed as likely to incite violence or racial or ethnic hatred which you do not have a right to make available lawfully (such as inside information, information which belongs to someone else or confidential information) which infringes any intellectual property right or other proprietary right of others which consists of any unsolicited or unauthoried advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes' or any other form of solicitation or which contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardwareor telecommunications equipment.
5.5 You agree that you will not: (i) use our mobile Games to harm anyone or to cause offence to or harass any person, (ii) create more than one account per platform to play our mobile Games, (iii) use another person or entity's email address in order to sign up to play our mobile Games, (iv) use our mobile Games for fraudulent or abusive purposes (including, without limitation, by using our mobile Games to impersonate any person or entity, or otherwise misrepresent your affiliation with a person, entity or our mobile Games), (v) disguise, anonymous or hide your IP address or the source of any Content that you may upload, (vi) use our mobile Games for any commercial or business purpose or for the benefit of any third party or to send unsolicited communications, (vii) remove or amend any proprietary notices or other ownership information from our mobile Games, (viii) interfere with or disrupt our mobile Games or servers or networks that provide our mobile Games, (ix) attempt to decompile, reverse engineer, disassemble or hack any of our mobile Games, or to defeat or overcome any of our encryption technologies or security measures or data transmitted, processed or stored by us, (x) 'harvest', 'scrape' or collect any information about or regarding other people that play our mobile Games, including, but not limited to any personal data or information (including by uploading anything that collects information including but not limited to 'pixel tags' cookies, graphics interchange formats ('gifs') or similar items that are sometimes also referred to as 'spyware' or 'pcms' (passive collection mechanisms), (xi) sell, transfer or try to sell or transfer an account with us or any part of an account including any Virtual Currency or Virtual Goods, (xii) disrupt the normal flow of a Game or otherwise act in a manner that is likely to negatively affect other players' ability to compete fairly when playing our mobile Games or engaging in real time exchanges, (xiii) disobey any requirements or regulations of networks connected to our mobile Games, (xiv) use our mobile Games in violation of any applicable law or regulation, (xv) use our mobile Games to cheat or design or assist in cheating (for example, by using automated means or third party software to play), or to otherwise circumvent technological measures designed to control access to, or elements of, our mobile Games, or (xvi) to do anything else that a reasonable person is likely to believe is not within the spirit of fair play or these terms or use our mobile Games in any other way not permitted by these terms.
5.6 We do not control Content posted on our mobile Games by other people and therefore we do not guarantee the accuracy, integrity or quality of that Content. You understand that when playing our mobile Games, you may be exposed to Content that you may consider offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any losses or harm of any kind resulting from the use of any Content posted, emailed, transmitted or otherwise made available via our mobile Games.
5.7 We have the right to remove uploaded Content from our mobile Games if we decide in our sole discretion that it results in or from a breach of any part of these terms, or that it may bring us or our mobile Games into disrepute. However, you acknowledge that we do not actively monitor Content that is contributed by people that play our mobile Games and we make no undertaking to do so.
5.8 You are solely responsible for your interactions with other users of our mobile Games.
6. Playing our mobile Games against opponents
6.1 Some of our mobile Games allow you to play against an opponent. You may be able to (i) choose to play against an opponent whom DAWN DICE Inc selects for you, or (ii) play against one of your contacts on a platform or social network which you have allowed our mobile Games to interact with. Some of our mobile Games may also allow you to search for your friends (for example, by email address) in order to find them to play against. We may also display the display names of your past opponents so that you can easily find them to play again.
6.2 Where DAWN DICE Inc selects an opponent for you, we may either select at random or use such criteria as we see fit to select your opponent (for example, your past scores or level you have reached in the mobile game).
6.3 By accessing and/or playing those of our mobile Games which allow you to play against an opponent, you agree to your display name, scores, and other related details being displayed to other users. You also understand and agree that other users may find you by searching for you with your email address. Please note that we will only show your display name publically, and not your email address another user must know your email address themselves in order to search for you.
7. Your breach of these terms
7.1 We reserve the right to suspend or terminate your access to our mobile Games (including by deleting your account) if we reasonably believe that you are in material breach of these terms (including by repeated minor breaches). Without limitation, any breaches of paragraphs 5.4 or 5.5 are likely to be considered material breaches.
7.2 You agree to compensate us, according to law, for all losses, harm, claims and expenses that may arise from any breach of these terms by you.
8. Disclaimer and release
8.1 We accept liability for death or personal injury resulting from our negligence or that of our employees or agents, and for losses or harm caused by fraud by us or our agents, or any other liability which may not by law be excluded.
8.2 For any losses or harm (other than those mentioned in paragraph 8.1), in any period of twelve months, we will only be responsible for losses or harm which are a reasonably foreseeable consequence of our negligence or breach of these terms and conditions up to the value of the amount that you have paid to us in the 100 day period ending on the date of your claim. Losses and harm are foreseeable where they could be contemplated by you and us at the time of you agreeing to these terms and conditions.
8.3 We are not responsible for: (i) losses or harm not caused by our breach of these terms or negligence or, (ii) losses or harm which are not reasonably foreseeable by you and us at the time of you agreeing to these terms and conditions including those losses which happen as a side effect of foreseeable losses. This could include loss of data, loss of opportunity, service interruption, computer or other device failure or financial loss, (iii) any increase in loss or damage resulting from breach by you of any of these terms and conditions, or (iv) technical failures or the lack of availability of our website, mobile Games, and/or social media channels where these are not within our reasonable control.
8.4 We will provide our mobile Games with the same skill and care as other similar games providers, but you acknowledge that your only right with respect to any problems or dissatisfaction with any of our mobile Games is to discontinue your use of that mobile Game and we are not responsible or liable for any interruptions or errors that you may experience while playing our mobile Games.
8.5 Any additional legal rights which you may have as a consumer remain unaffected by these terms.
9. Intellectual Property
9.1 You acknowledge that all copyright, trademarks, and other intellectual property rights in and relating to our mobile Games (other than Content which is contributed and owned by players) is owned by or licensed to us.
9.2 Whilst you are in compliance with these terms, we grant you a non-exclusive, non-transferable, personal, revocable limited license to access and use our mobile Games (but not the related object and source code) for your own personal private use, in each case provided that such use is in accordance with these terms. You agree not to use our mobile Games for anything else.
9.3 You must not copy, distribute, make available to the public or create any derivative work from our mobile Games or any part of our mobile Games unless we have first agreed to this in writing.
9.4 In particular, and without limiting the application of paragraph 9.3, you must not make available any cheats or technological measures designed to control access to, or elements of, our mobile Games, including providing access to any Virtual Currency and/or Virtual Goods, whether on a free of charge basis or otherwise.
9.5 By submitting Content (as defined in paragraph 5.3) via our mobile Games you (i) are representing that you are fully entitled to do so, (ii) grant us and our group companies the right to edit, adapt, publish and use your entry and any derivative works we may create from it, in any and all media (whether it exists now or in the future), for any purpose, in perpetuity, without any payment to you, (iii) acknowledge that you may have what are known as "moral rights" in the Content, for example the right to be named as the creator of your entry and the right not to have work subjected to derogatory treatment. You agree to waive any such moral rights you may have in the Content, and (iv) agree that we have no obligation to monitor or protect your rights in any Content that you may submit to us, but you do give us the right to enforce your rights in that Content if we want to, including but not limited to taking legal action (at our cost) on your behalf.
9.6 You must not copy, distribute, make available to the public or create any derivative work from any Content belonging to any other player of our mobile Games. If you believe that your intellectual property rights have been infringed by someone else over the internet, you may contact us by emailing the following information to email@example.com; a description of the intellectual property rights and an explanation as to how they have been infringed; a description of where the infringing material is located; your address, phone number and email address; a statement by you, made under penalty of perjury, that (i) you have a good-faith belief that the disputed use of material in which you own intellectual property rights is not authoried, and (ii) the information that you are providing is accurate, correct, and that you are authoried to act on behalf of the owner of an exclusive right that is allegedly infringed; and
a physical or electronic signature of the person authoried to act on behalf of the owner of the exclusive right that has allegedly been infringed.
10.2 Any personal information that we may collect may also be subject to the policy of any social network that you may agree to link our mobile Games to. If you play our mobile Games and you agree to allow them to interact with a social network you are giving us permission to use your email address and other personal information which that social network shares with us that will allow us to personally identify you. You are also granting us permission to help your contacts on that network find you so that you can play socially. This is intended to make our mobile Games more enjoyable for you and others that play our mobile Games on the social network. If you do not agree to these practices you should not allow our mobile Games to interact with your social network.
12. Transferring these terms
We may wish to transfer all or a part of our rights or responsibilities under these terms to someone else without obtaining your consent. You agree that we may do so provided that the transfer does not significantly disadvantage you. You may not transfer any of the rights we give you under these terms unless we first agree to this in writing.
13. Entire agreement
These terms set out the entire agreement between you and us concerning our mobile Games (as defined in paragraph 1) and they replace all earlier agreements and understandings between you and us. If you also access or play our mobile Games via other platforms (for example, on our website or via any other third party website or service) then different terms and conditions apply in respect of those mobile Games.
14. Changes to these terms
You can find these terms at any time by visiting at http://www.dawndice.com/
We reserve the right to update these terms from time to time by posting the updated version at that address by notifying you in advance for major changes. We may do so because we change the nature of our products or services, for technical or legal reasons, or because the needs of our business have changed. You agree that if you do not accept any amendment to our terms then you shall immediately stop accessing and/or playing our mobile Games.
If any part of these terms is held to be invalid or unenforceable under any applicable local laws or by an applicable court, that part shall be interpreted in a manner consistent with applicable law to reflect as nearly as possible our original intentions and the remainder of these terms shall remain valid and enforceable.
16. Waivers of our rights
Our failure to exercise or enforce any of our rights under these terms does not waive our right to enforce such right. Any waiver of such rights shall only be effective if it is in writing and signed by us.
17. Complaints and dispute resolution
Most concerns can be solved quickly by contacting us at firstname.lastname@example.org
In the unlikely event that we cannot solve your concern and you wish to bring legal action against us these terms shall be governed by and construed in accordance with the laws of the Republic of Korea.
18. Questions about these terms
If you have any questions about these terms or our mobile Games you may contact us by email at email@example.com
Last updated: April 3, 2019