LAST UPDATED ON: MAY 14, 2018
These terms of service (“Terms”) govern your use of (i) this website, www.realmofthemadgod.com and www.decagames.com (the “Sites”), (ii) the services we provide from time to time through the Sites and/or through third party platforms, and (iii) any features of our Sites and/or which we provide through third party platforms, including, without limitation, our online games, forums, blogs, tools and any Account and Virtual Currency (each as defined below) you may have. Together, we refer to items (i) to (iii) as the “Deca Service”.
We, Deca Games OÜ of Pirni 12, Tallinn 10617, Estonia (“Deca”, “we”, “us” and “our”) licence use of the Deca Service to you on the basis of these Terms. We do not sell the Deca Service to you. We remain the owners of the Deca Service at all times.
- Please read these Terms carefully before accessing or using the Deca Service. By using any element of the Deca Service and/or clicking the “Accept” button when you register for an Account to use any of our online games, you agree to the terms of these Terms which will bind you legally.
- If you do not agree to these Terms, you must not use the Deca Service.
- The key terms you should consider are the limitations on liability contained in the sections titled Disclaimer and Our Responsibility for Loss or Damage Suffered by You.
- You must be at least 13 years of age to use the Deca Service.
- Subject to these Terms, the Deca Service is intended for (and your licence herein is limited to) your personal, non-commercial use. The Deca Service is not intended to be used for any other purpose.
INFORMATION ABOUT US
You can contact us by emailing us in writing to email@example.com or by visiting our support center at http://decagames.desk.com
CHANGES TO THESE TERMS
We may change these Terms from time to time by notifying you of such changes by any reasonable means, including by posting a revised version of these Terms through the Sites or by emailing you at the address you provided upon registering for an Account. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms incorporating such changes, or otherwise notified you of such changes.
Your use of the Deca Service (including the Sites) following any changes to these Terms will constitute your acceptance of such changes. The “Last Updated” legend above indicates when these Terms were last changed. We may, at any time and without liability, modify or discontinue all or part of the Deca Service; charge, modify or waive any fees required to use any part of the Deca Service; or offer opportunities to some or all Deca Service users.
MINIMUM AGE REQUIREMENTS
You confirm that you are of legal age to form a binding contract and hereby agree to be bound by these Terms, or, if you are not, you confirm that you have obtained parental or guardian consent to enter into these Terms. You must be at least 16 years of age to use the Deca Service, including to submit any personal data to us through or in connection with your use of the Deca Service. If you are a parent or guardian and you provide your consent to your child’s use of or access to the Deca Service, you agree to be bound by these Terms in respect of your child’s use of the Deca Service and agree that any payments authorised by your child will be your sole responsibility.
Accurate and up-to-date Information: ll the registration information you submit must be truthful, accurate and complete. If for any reason any information you submit becomes untruthful, inaccurate and/or incomplete, you agree that you will update that information on your Account. If any information you provide is or becomes untrue, inaccurate, or incomplete, Deca has the right to terminate your access to and use of your Account and the Deca Service.
What to do if you want to delete your account: You can delete your Account at any time, for any reason, by emailing us at firstname.lastname@example.org with the subject “Close My Account”.
You are responsible for your Account: You are responsible for maintaining the confidentiality of your Account log-in information, including your username and password. You must not share your Account log-in information with any third party. Accordingly, you are responsible for all activities that occur under your Account or through the use of your username and password, including any purchase of Virtual Currency, whether or not authorised by you or without your knowledge.
Your username and password: You are responsible for ensuring that any username you select does not infringe any third party rights or is unlawful. Your selection and use of a particular username does not give you any ownership or rights in that username. Deca may refuse to grant you a username in its sole discretion for any reason, including, without limitation, if it is illegal or offensive, if it impersonates or implies an association with another person or entity, or if it may cause confusion. Deca may revoke and/or reassign your username in its sole discretion for any reason at any time.
What to do if you become aware of, or suspect, unauthorised use of your Account: You must promptly change your password and notify us via the support center at http://decagames.desk.com if you suspect or become aware of any unauthorised use of your Account or any other breach of security.
Prohibition on use of another Account: You may not use anyone else’s account or permit anyone else to use your Account for any reason, at any time. You agree that Deca will not be liable to you for any loss you may incur as a result of someone else using your Account. You also agree that you will be liable for any loss that Deca or any third party may incur as a result of someone else using your Account, whether or not you were aware of such use.
Payments: You agree to pay all fees incurred by your Account, including any applicable taxes. You agree that Deca may amend the fees payable for the Deca Service and may add new products and services for additional fees and charges at any time in its sole discretion. You agree that there are no refunds for payments made through your Account.
Account suspension or termination: You agree that Deca has the right in its sole discretion to suspend or terminate your access to and use of your Account and the Deca Service (or any part thereof) for any reason at any time.
Deca grants to you a personal, non exclusive, non-transferable, non-sub licensable, limited, revocable licence to use the Deca Service for your own non-commercial entertainment purposes, subject to these Terms (including, without limitation the Restrictions and Acceptable Use Policy sections of these Terms).
Deca does not grant you any other express or implied rights or licence in or to the Deca Service and all right title and interest that Deca has in the Deca Service not explicitly granted to you by Deca or its licensors are retained by Deca or its licensors.
You acknowledge that you have no right to have access to the Deca Service in source code form or in unlocked coding or any other human-readable form.
We reserve the right to modify, suspend or discontinue the Deca Service and the licence granted to you in whole or in part at any time, with or without notice. You agree that Deca shall not be liable to you or to any third party for such modification, suspension or discontinuation.
Your right to use the Deca Service is subject to the restrictions listed below. Except as expressly set out in these Terms or as permitted by any local law, you undertake:
- not to use the Deca Service for any commercial purpose, or for any purpose that is fraudulent or otherwise unlawful;
- not to interfere with the operation or fair play of the Deca Service and to comply with our Acceptable Use Policy (see the Acceptable Use Policy section below);
- not to copy the whole or any part of the Deca Service, except where such copying is incidental to the normal use of the Deca Service for its intended purposes, or where it is necessary for the purpose of back-up or operational security;
- not to reproduce, republish, reuse, upload, post, transmit or distribute any content presented in or provided by the Deca Service, including without limitation for public or commercial purposes, including any text, images, audio and video;
- not to rent, lease, sub-license, loan, distribute, time-share, translate, merge, adapt, vary or modify the whole or any part of the Deca Service;
- not to make alterations to, or modifications of, the whole or any part of the Deca Service, or permit the Deca Service or any part of it to be combined with, or become incorporated in, any other product or service;
- not to disassemble, decompile, reverse-engineer, derive any code or algorithms or create derivative works based on the whole or any part of the Deca Service or attempt to do any such thing except to the extent such activities are permitted under applicable law;
- not to sell, resell, link to, exploit, provide or otherwise make available the whole or any part of the Deca Service (including object and source code), in any form to any person without prior written consent from us;
- not to remove any copyright, trademark or other proprietary rights notices from the Deca Service, and to include our copyright notice on any copies you make of the Deca Service on any medium; and
- that you are responsible for obtaining and have obtained any and all necessary authorisations, consents and permissions, including from any third party, to the extent that you submit, post, transmit or otherwise process personal data using the Deca Service.
INTELLECTUAL PROPERTY RIGHTS
The Deca Service (including all information and materials that we provide on or through the Deca Service, including without limitation Virtual Currency, and any other data, text, pictures, graphics, audio, video, icons, games, software and upgrades, links and other content and features, and any upgrades, enhancements and/or modifications thereto) is protected by and embodies copyrights, trademarks, patents, trade secrets, moral rights, privacy rights, rights of publicity, and other intellectual property and proprietary rights (together, “Intellectual Property Rights”).
You acknowledge that the Deca Service and the Intellectual Property Rights embodied in or relating to it anywhere in the world are and will remain the property of Deca and/or its licensors, that rights in the Deca Service are licensed (not sold) to you, and that you have no rights in, or to, the Deca Service other than the right to use the Deca Service in accordance with these Terms.
You acknowledge that you have no right to have access to all or any part of the Deca Service in source code form.
“User Content” means any and all information and content or materials such as text, graphics, images, music, sound effects, photographs or other materials that you submit, post or transmit on or using the Deca Service, including through any ratings, comments, blogs, forums, email or other features. You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or use by others, or any disclosure of your User Content that personally identifies you or any third party. You agree that you own all User Content that you post and that you do not need any permission from any third party to post your User Content. You agree that you will not misrepresent the source, identity or content of any information sent, posted, transmitted or made available via the Deca Service (such as claiming that you own or created User Content or other work that is not actually yours).
How User Content cannot be used: You confirm and promise to us: that your User Content does not and will not violate our Acceptable Use Policy (see below at the section titled Acceptable Use Policy). You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Deca. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy.
Backing up User Content: Deca is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice – accordingly we recommend you store and backup copies elsewhere. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.
Licence for Deca to use your User Content: So that we can operate the Deca Service, and host and display your User Content (including by incorporating your User Content into the Deca Service) you grant (and confirm and promise to us that you have the right to grant) us a licence to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content on the basis that such licence is:
- irrevocable – once agreed, you cannot remove or restrict our right to use your User Content as described above;
- non-exclusive – you and, if you let them, other people can use your User Content;
- royalty-free and fully-paid – we don’t have to pay you or any other party (either now or in the future) to use your User Content in the fashion described above;
- worldwide – we can use your User Content in the fashion described above anywhere in the world; and
- sub-licensable – you allow us to authorise other businesses and individuals to use the licence described above, for the purposes of including your User Content as part of the Deca Service.
Moral rights waiver: You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
Do not send us confidential information in User Content: Please note that the User Content you provide to us or make available on or through the Deca Service will not be treated as confidential information – accordingly, you agree not to submit to us any information or ideas that you consider to be confidential or proprietary. You acknowledge that your communications with other users via the Deca Service are public and not private communications, and that you have no expectation of privacy in respect of such communications. Any personal data you submit via ratings, comments, blogs, forums, email or other features of the Deca Service may be seen and used by other users. We strongly encourage you not to disclose your personal data via such ratings, comments, blogs, forums, email or other features. Deca is not responsible for any information (including personal data) you communicate in this way.
Monitoring: You agree that we have no obligation to monitor User Content that you or any other person provides or makes available on or through the Deca Service. However, you agree that we may in our absolute discretion, monitor, alter, remove or refuse to post any such User Content for any reason. The opinions expressed in User Content reflect solely the opinion(s) of the user and do not necessary reflect the opinion(s) of Deca. We are not responsible for the accuracy, truthfulness or completeness of any User Content and we will not be liable to you for any loss or damage caused by your reliance on such User Content.
ACCEPTABLE USE POLICY
The following terms constitute our “Acceptable Use Policy”:
Protection of our reputation and third party rights: You agree not to use the Deca Service to collect, upload, transmit, display, or distribute any User Content: (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortuous, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libellous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
Protection of our systems: In addition, you agree not to: (i) upload to, transmit, distribute, or otherwise make available through the Deca Service any computer viruses, worms, Trojan horse, time bomb, spyware, robots, bots, spiders or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any computer system, hardware, software, equipment or data; (ii) send through the Deca Service unsolicited or unauthorised advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Deca Service to harvest, collect, gather or assemble information or data regarding other users, including email addresses, passwords or geo locations, without their consent or otherwise systematically download and store Site content; (iv) use any features of the Deca Service for anything other than their intended purpose, including exploiting any glitches for personal gain; (v) interfere with, disable, disrupt, or create an undue burden on servers or networks connected to the Deca Service, or violate the regulations, policies or procedures of such networks;(vi) attempt to gain unauthorized access or provide automated access to or use of the Deca Service (or to other computer systems or networks connected to or used together with the Deca Service), whether through password mining, unauthorised scripts, scrapers or offline readers or any other means; (vii) attempt to impersonate another person or entity, including (without limitation) any representative of Deca; (viii) stalk, harass, interfere with, restrict or inhibit any other user’s use and enjoyment of the Deca Service, including by bullying, grieving, shouting, flooding or using excessively large images so that the screen goes by too fast to read; (ix) use software or automated agents or scripts to produce multiple accounts on the Deca Service, or to generate automated searches, requests, or queries to the Deca Service, or to strip, scrape, or mine data from the Deca Service; or (x) interfere with or disable any security-related features of the Deca Service; (xi) make improper use of our support services, including by submitting false abuse reports; or (xii) assist, permit or encourage any person to perform any of the activities described above.
If you provide Deca with any feedback or suggestions regarding the Deca Service (“Feedback”), you hereby transfer to Deca all rights in such Feedback. You also agree that Deca shall have the right to use and fully exploit such Feedback and related information in any manner it considers appropriate.
Do not send us confidential information in Feedback: Please note that the Feedback you provide to us will not be treated as confidential information – accordingly, you agree not to submit to us any information or ideas that you consider to be confidential or proprietary.
THIRD PARTY SERVICES
Third Party Links & Ads: The Deca Service may make available access to information, products, services and other materials made available by third parties, including links to third-party websites and services, and/or display advertisements for third parties (collectively, “Third Party Links & Ads”). By using such functionality, you are directing us to access, route and transmit to you the applicable Third Party Links & Ads.
Where the Deca Service contains links to Third Party Links & Ads, these links are provided for your information and convenience only. We have no control over the contents of those sites or resources. We do not review, approve, endorse, control or make any promises with respect to Third Party Links & Ads, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety of Third Party Links & Ads, or any intellectual property rights therein. Certain Third Party Links & Ads may, among other things, be inaccurate, misleading or deceptive. Nothing in these Terms shall be deemed to be a representation or warranty by Deca with respect to any Third Party Links & Ads. We have no obligation to monitor Third Party Links & Ads, and we may block or disable access to any Third Party Links & Ads (in whole or part) through the Deca Service at any time. In addition, the availability of any Third Party Links & Ads through the Deca Service does not imply our endorsement of, or our affiliation with, any provider of such Third Party Links & Ads.
What is Virtual Currency: The Deca Service may include fictional credits or currency, which we also sometimes refer to as “points” or “gold”. These are collectively known as “Virtual Currency”. Deca reserves the right to charge fees for the right to access or use Virtual Currency, and/or may distribute Virtual Currency without charge, in its sole discretion.
Licence to use Virtual Currency: Deca grants to you a license to use Virtual Currency as part of the Deca Service in accordance with the Licence section of these Terms. You agree that you have no other right, title or ownership in or to any Virtual Currency.
No monetary value: Virtual Currency has no cash value and is not redeemable for any sum of money. You agree that neither Deca nor any other person has any obligation to exchange your Virtual Currency for anything of value, including without limitation, real money. You also agree that if your Account or your access to the Deca Service is suspended or terminated, or if Deca discontinues any or all of the Deca Service, the Virtual Currency and your Account will have no value.
Non-refundable and non-exchangeable: All purchases of Virtual Currency are final and are not refundable, transferable or exchangeable. By purchasing Virtual Currency, you confirm that you want the Virtual Currency credited to your Account immediately and that by doing so you lose any cancellation rights under applicable laws, including but not limited to the EU Consumer Rights Directive (2011/83/EU) and/or any national laws implementing it.
Management of Virtual Currency: Deca has the right to manage, modify and/or remove Virtual Currency from the Deca Service in its sole discretion at any time, and shall have no liability to you or anyone else for the exercise of such rights.
Deca reserves the right, in its sole discretion, to make all calculations regarding the balance of Virtual Currency in your Account and to determine the amount of Virtual Currency that is credited and debited from your Account in connection with your use of the Deca Service. Deca’s determination of the amount of Virtual Currency in your Account is final, unless you can provide documentation to Deca that such calculation was or is intentionally incorrect.
Unauthorised Transactions: The unauthorised transferring, trading, selling or exchanging of any Virtual Currency (“Unauthorised Transactions”) to anyone, including to other users of the Deca Service is prohibited. You hereby agree to indemnify Deca against any and all consequences resulting from any Unauthorised Transactions. You agree that Deca may stop, suspend, terminate, discontinue, or reverse any Unauthorised Transaction for any reason in its sole discretion (including where it is in Deca’s best interest to do so and where the Unauthorised Transaction is or may be fraudulent, illegal or in violation of these Terms) or may debit your balance of Virtual Currency, including where this may cause your balance to be zero and/or a negative amount. Deca may also suspend, terminate or modify your Account if you engage or assist in, or if Deca suspects you may have engaged or assisted in, any Unauthorised Transaction.
Transaction information: You may be asked to supply certain information to us or our third party payment providers in connection with any transaction involving Virtual Currency including, without limitation, your name, credit card number, and your billing address.
Deca is not responsible or liable to you for any credit card or bank-related charges and fees related to your transactions on the Deca Service.
The Deca Service is provided “as is” and, to the extent permitted by applicable law, we, and our directors, officers, employees, agents, representatives, licensors, third party providers and affiliates, exclude all representations or warranties of any kind, express or implied including, but not limited to, implied warranties of merchantability, satisfactory quality, fitness for a particular purpose and non-infringement. We do not warrant that the functions contained in the Deca Service will be uninterrupted or error free, that defects will be corrected or that the Deca Service or its content are free of viruses or other harmful components.
Without limitation to the preceding paragraph, you may contact us at our support center http://decagames.desk.com if you have support queries. We will make reasonable efforts to deal with your queries.
We attempt to ensure that information provided on or in connection with the Deca Service is complete, accurate and current. Despite our efforts, such information may occasionally be inaccurate, incomplete or out of date. Accordingly, we make no representation as to the completeness, accuracy or maintenance of such information, including all descriptions, images, references, features, content, specifications, products and prices of the Deca Service stated on the Sites. Such information is also subject to change at any time without notice. The inclusion of any products or services in the Deca Service at a particular time does not imply or warrant that these products or services will be available at any time.
We reserve the right, temporarily or permanently, in whole or in part, to modify, suspend or discontinue the Deca Service without notice for valid commercial reasons without liability to you. Without limitation to the preceding sentence, we may periodically schedule system downtime for maintenance and other purposes.
You also acknowledge that unplanned system outages may occur: The Deca Service is provided over the Internet and so the quality and availability of the Deca Service may be affected by factors outside our reasonable control. Accordingly, we cannot accept any responsibility for any connectivity issues that you may experience when using the Deca Service or for any loss of material, data, transactions or other information caused by system outages, whether planned or unplanned.
In addition, you acknowledge and agree that you (and not us) are responsible for obtaining and maintaining all telecommunications, broadband and computer hardware, equipment and services needed to access and use the Deca Service, and for paying any data charges that may be charged to you by your network provider in connection with your use of the Deca Service.
Our responsibility for loss or damage suffered by you
The Deca Service is not bespoke to you: You acknowledge that the Deca Service has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Deca Service meet your requirements.
We are responsible to you for foreseeable loss and damage caused by us: If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaching these Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time these Terms are entered into, both we and you knew it might happen. Our liability to you for foreseeable loss and damage caused by us is limited to the total amount paid by you to us in the preceding 12 months (if any) to access or use the Deca Service.
When are we liable for damage caused by a defect in the Deca Service?: If the Deca Service damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you appropriate compensation. However, we will not be liable for damage which you could have avoided by following our advice, including to apply an update, patch or error correction offered to you free of charge or to have in place the minimum system requirements advised by us.
We are not liable for business losses: We only supply the Deca Service for your domestic and private use. If you use the Deca Service for any commercial or business purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
What we do not exclude: Nothing in these Terms shall limit or exclude our liability for:
- death or personal injury resulting from our negligence;
- fraud or fraudulent misrepresentation; or
- any other liability that cannot be excluded or limited by English law
You agree to compensate us for any claims, losses, liabilities, damages, costs and expenses (including legal costs and expenses) reasonably incurred by us that arise out of your use of the Deca Service in breach of these Terms. We reserve the right to assume the exclusive defence and control of any claim brought by a third party in connection with your use of the Deca Service and you agree to assist and cooperate with us in relation to any such claim.
TERMINATING THESE TERMS
We may terminate these Terms (including the rights and licences granted to you) immediately by written notice to you for any reason, including if you commit a material or persistent breach of these Terms.
Upon such termination for any reason:
- all rights granted to you under these Terms shall cease;
- you must cease all activities authorised by these Terms;
- we may cease providing you with access to the Deca Service, including your Account and any Virtual Currency associated with your Account;
- you will not be compensated for any time you have spent using the Deca Service, for any Virtual Currency or for any User Content you have submitted to the Deca Service, regardless of whether you have access to them.
COMMUNICATIONS BETWEEN US
How can you contact us: If you wish to contact us in writing, or if any provision of these Terms requires you to give us notice in writing, you can send this to us by email to email@example.com.
How we may contact you: If we have to contact you or give you notice in writing, we will normally do so by email to the email address associated with your Account.
Other important terms
If a court finds part of these Terms unlawful or unenforceable, the rest will continue in force: Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing these Terms, we can still enforce them later: If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
Which laws apply to these Terms and where you may bring legal proceedings: These Terms are governed by English law and we both agree to submit to the non exclusive jurisdiction of the English courts. This means that, if you are resident in another country in the EU, you may bring a claim to enforce your consumer protection rights in connection with these Terms in England or in the EU country in which you live.