This Terms of Service (“Agreement”) is a legal agreement between you (referred to herein as “you” or “your”) and Five Studios Interactive, SL ("we”, “our”, or “us”) for access to and use of our website at www.dronethegame.com, any of our related subdomains (collectively, the “Websites”), and of other related software, features, downloads, games, forums and purchases or crowdfunding backing through our websites or third party services (whether accessed directly, through any software application, or third party services) (collectively, the “Service”).
This Agreement is legally binding on your access and use of our entire Service and in the event that this Agreement is in conflict with an additional agreement for your access and use of our Service, this additional agreement shall control.
1.1 Access And Use
Your access and use of our Service is regulated by this Agreement and your continuous access and use in the future is subject to your compliance to the terms and conditions hereunder and, if applicable, to any provisions from an additional agreement for any part of the Service. We reserve the right to restrict, temporarily or permanently prohibit your access or use of any part of or the entire Service.
1.2 Personal Use
The Websites and the Service are provided to you by us for your personal, non-commercial use.
Websites means the subdomains, features, and platforms provided through www.dronethegame.com and/or www.hub.dronethegame.com, and/or available through through a third party website, including, without limitation, the following domains:
- “Main website”: www.dronethegame.com is our main presentation of our Service and accessible without an Account if you have reached the age of thirteen.
- “Account”: At www.operators.dronethegame.com you can register an Account for use of part of our Service that require an Account for access and use of our Service.
- “Crowdfunding”: At www.funding.dronethegame.com you can support the development of one our video games, subject to the Crowdfunding Terms, if you register an Account and have reached the age of majority in the state or province of your residence.
- “Marketplace”: At www.shop.dronethegame.com you can purchase digital goods for our Service, for example digital in-game items for our games or Forums, or tangible merchandise, subject to the Marketplace Terms, if you register an Account and have reached the age of majority in the state or province of your residence.
- “Forums”: At www.forum.dronethegame.com, www.reddit.com/r/droneofficial and www.discord.gg/3sfkutB you can participate with other users, post opinions and comments, and be part of our community if you register an Account.
- “Content Pages”: www.blog.dronethegame.com, www.arenas.dronethegame.com, and www.drones.dronethegame.com are our content websites for our Service where we will update you with current events regarding our games and the development thereof.
You can find a list of these websites at www.hub.dronethegame.com.
2. YOUR ACCOUNT: REGISTRATION AND FEATURES
2.1 Setting Up An Account
You can set up an Account if you complete the sign-up form at www.operators.dronethegame.com/account/register, accept this Agreement and, if applicable, any additional agreement necessary for your use of our Service, and provide the required information in the sign-up form. If you have not registered before accessing and using any part of our Service that requires an Account, you will be directed to the sign-up form for registration at the respective website.
You may choose an avatar from our list of Avatars for your Account, which will be displayed when accessing some of our Service and Websites. In the event that you can create your own Avatar, your choice is subject to our approval and the terms and conditions of this Agreement, in particular to our Code of Conduct.
You may set-up an Account by connecting to the Service with a third-party service (e.g., Facebook, Googlemail), whereby you give us permission to access and use information, content and/or material you have supplied to that service, including your login credentials for that service, as permitted by that service.
2.2 Information Provided By You
The information you provide has to be information about you as well as accurate, truthful and shall not be in violation of our Code of Conduct. We are not responsible for any error in the provision of our Service if this error is based on inaccurate or false information that you provide or your breach of the Account Rules.
You will be able to change your username, password, and your personal information. In the event that you change your username or email, we reserve the right to temporarily restrict further changes of your username or email (“cool down period”) and, in the case of your username, to request payment of a fee, and you will owe such fee with this request, but only after we give you prior notice to such request.
2.3 Account Rules
You can only register one Account per unique email address and person and you can only access this Account with your email address and password. You are responsible to keep your password confidential, for any activity performed by the Account, and it constitutes a breach of this Agreement if you sell, transfer or allow any other person to access your Account or offer to do so. To ensure confidentiality of the use of your Account, you can enable a 2-Factor Authentication via the Google Authenticator and are required to do so by this Agreement or any other additional agreement if you are and serve as an administrator or moderator within our Community. If you become aware of an unauthorized access to your account by another party, you are prompted to immediately inform us.
Your use of your Account is subject to this Agreement and a breach of these terms and conditions can be reason for us to terminate your Account. In particular, your use of your Account has to comply with our website Rules pursuant to Section 4 of this Agreement.
You may also opt out, and opt in, any time of receiving any email notices by us, such as but not limited to newsletters, through your Account settings, or, in the event that your Account access is restricted for any reasons, by sending us an email to firstname.lastname@example.org requesting the foregoing.
2.4 Account Term
Your Account is effective until terminated by us or you. We can terminate your Account any time without prior notice and without limitation, in particular when you breach our website Rules pursuant to Section 4. You can terminate your Account at any time through your Account settings and reactivate your terminated Account through our Websites. If you, after you terminate your Account, opt to reactivate your Account, you may experience a temporary restriction to your Account access (“cool down period”). In the event that your Account access or your access to and use of our Websites is restricted, you can terminate or reactivate your Account by sending us an email to email@example.com requesting the foregoing.
You may reactivate your Account at any time after termination, but we reserve the right to decline such a request without cause.
We caution you, and you agree and acknowledge, that in the event of termination, any access to features of our Service or promises by us reliant on your Account access, for example forum access, digital forum items, digital in-game items or merchandise shipment, outstanding delivery of or already delivered goods of any kind, are non-retrievable or non-refundable, or not shipped, delivered, or made accessible for your by us, unless agreed to otherwise in an additional agreement.
2.5 Privacy Implications
3. CONTENT OWNERSHIP
3.1 Ownership and License of Websites Materials
All materials on our Websites (including, without limitation, text, design, graphics, logos, icons, images, audiovisual clips, downloads, interfaces, code, and software, as well as the selection and arrangement thereof), is our property (including its subsidiaries), our licensors’ or of third parties, such as but not limited to materials on websites linked to by the Websites or materials by other users of the Websites, and is protected by copyright, trademark, and other applicable laws. You may access, copy, download, and print the material contained on the Websites for your personal and non-commercial use. Any other use of material on the Websites, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any content, information, or software obtained from the Websites, or use of the Websites for purposes competitive to us, is expressly prohibited.
We, our licensors and third parties, such as but not limited to websites linked to by the Websites or other users of the Websites, retain full and complete title to the material provided on the Websites, including all associated intellectual property rights, and provide this material to you under a license that is revocable at any time in our sole discretion. We neither warrant nor represents that your use of materials on the Websites will not infringe rights of third parties not affiliated with us.
You may not use contact information provided on the Websites for unauthorized purposes, including marketing.
3.2 Trademarks on our Websites
Trademarks, logos, and service marks displayed on the Websites and in our Service are our registered and unregistered trademarks, or of our subsidiaries, our licensors or content providers, or of other third parties. All of these trademarks, logos, and service marks are the property of their respective owners. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo, or service mark displayed on the site without the owner’s prior written permission, except as otherwise described herein.
3.3 License to your Content
You are responsible for any communications, images, sounds, or other material and info that you upload or transmit through our Websites or Service or transmitted through third party websites to our Websites or Service (“your Content”).
You grant us, from the time of uploading or transmission of your Content, a worldwide, perpetual, irrevocable, sub-licensable, transferable, assignable, non-exclusive and royalty-free right and license to use, reproduce, distribute, adapt, modify, translate, create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import your Content, including, all copyrights, trademarks, trade secrets, patents, industrial rights and all other intellectual and proprietary rights related thereto, in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, including, giving your Content to others, without any compensation to you. You waive any moral rights you may have in your Content to the maximum extent permitted by the laws of your jurisdiction.
We reserve the right to modify and moderate your Content. You are aware and acknowledge that your Content that is hosted by third party services (for example Youtube, Imgur etc.) will not be stored on our hosts but embedded as in-line link. You are aware and acknowledge that your Content will be made publicly available through our websites and other users of the Websites will be granted a license to your Content pursuant to Section 3.1 of this Agreement.
3.4 Third Party Links
Our Websites or Service may contain links to other websites, which may be operated by us or its affiliates or third parties (e.g. Youtube, Facebook, Twitter, Xsolla, Discord etc.). We are not responsible for the content of those or any other websites or any products or services that may be offered through those or any other websites. A link to another website does not constitute an endorsement of that site, or of any product or service offered on that website, by us or our licensors. If you encounter a link that does not comply with the terms and conditions of this Agreement, you are prompted to immediately inform us.
4. WEBSITES RULES
4.1 Code of Conduct
This Code of Conduct regulates your use of the Websites and Service. (“Code of Conduct”) It is our goal to provide you with a friendly environment. Especially the use of our forums and your participation in our community through your Content is at its best when users treat the fellow users with respect and courtesy. Therefore, we ask that you conduct yourself in a civilized manner when participating on our Websites and using our Service. The list of prohibited behavior below is not exhaustive and may not address all manner of offensive behavior. Therefore, keep in mind that a breach of this Code of Conduct and beyond can lead to the cancellation of your Account, which is in our sole discretion and we reserve the right to evaluate each incident on a case by case basis, and to a deletion of any and all of your Content and communication that constitutes that breach. If you encounter a breach of this Code of Conduct, you are prompted to immediately inform us.
4.2 Prohibited Behavior
The following is a list of prohibited behavior. The prohibition extends to clear, but also masked violations, and links to websites containing prohibited behavior.
- Racial / Ethnic: Language that (a) promotes racial/ethnic hatred; (b) is recognized as a racial/ethnic slur; (c) alludes to a symbol of racial/ethnic hatred.
- Extreme Sexuality / Violence: Language that (a) refers to extreme and/or violent sexual acts; (b) refers to extremely violent real life actions; (c) is pornographic.
- Real-Life Threats: Language that refers to violence in any capacity that is not directly related to the Websites or Service.
- Sexual Orientation: Language that insultingly refers to any aspect of sexual orientation pertaining to themselves or other users.
- Hacks, Trojan Horses or Malicious Programs: Posting links to hacks, or malicious viruses / programs.
- Obscene / Vulgar: Language that is an inappropriate reference to human anatomy or bodily functions or is pornographic in nature.
- Inappropriate Language: Language that is a mildly inappropriate reference to human anatomy or bodily functions; is otherwise considered objectionable.
- Harassing or Defamatory: Language that insultingly refers to other users or groups of people; results in ongoing harassment to other users or groups of people.
- Major Religions or Religious Figures: Language that negatively portrays major religions or religious figures.
- National: Language that promotes national hatred; that is recognized as national slur; that alludes to symbols of national hatred.
- Illegal Drugs or Activities: Language that refers to abusing illegal drugs or to performing illegal activities.
- Spamming or Trolling: Excessively communicating the same phrase, similar phrases, or pure gibberish; Creating threads for the sole purpose of causing unrest on the forums; Causing disturbances in forum threads, such as picking fights, making off topic posts that ruin the thread, insulting other posters; Making non-constructive posts.
- Creating Duplicate Threads: Creating threads about existing topics; Creating a separate thread about an existing topic for further discussion in more than one forum.
- Cross Linking Threads: Linking to threads from other forums; Creating threads with the sole purpose of linking another post.
- Advertising: This category includes advertisement of any non-beneficial, non Websites or non Service related businesses, organizations, or websites.
5. REPRESENTATIONS, WARRANTIES, DISCLAIMER, INDEMNIFICATION
5.1 Representations and Warranties
You warrant that:
- you have the full right and power to enter into this agreement and perform any of the actions mentioned throughout our Websites and Service;
- you comply with the entire Agreement and, if applicable, any additional Agreement;
- you comply with all applicable federal, state, and local laws, ordinances, and regulations, as they relate to the Agreement;
- you do not undertake any action which infringes third party rights or constitutes a breach of any contractual obligation to a third party, in particular any third party service providers, such as but not limited to payment services, delivery services, social media platforms, and forum services (i.e. Xsolla, Facebook, Reddit and Discord);
- any and all information you submit or communicate to us through our Websites is truthful, not false, misleading, inaccurate, or constitutes a deceptive or fraudulent act;
- you omit any action designed to interfere with the proper function of any software, hardware, or equipment of ours, such as but not limited to uploading software viruses, malware, code, or programs; and
- none of your Content will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we won’t be liable for any use or disclosure of your Content, and that your Content shall not violate any third-party rights; and
- you do not undertake any of the following actions: (a) damage or get unauthorized access to any system, data, password, or other information on; (b) impose an unreasonable load on our infrastructure, or on our third-party providers, whereas we reserve the right to determine what’s reasonable; (c) use any kind of software or device, whether it’s manual or automated, to “crawl” or “spider” any part of the Websites or Service; (d) take apart or reverse engineer any aspect of the Websites and Service, if applicable in an effort to access things like source code, underlying ideas, or algorithms.
THE WEBSITES AND THE SERVICE ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND MADE BEYOND THE TERMS AND CONDITIONS OF THE AGREEMENT.
WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, QUALITY, AND/OR FITNESS FOR A PARTICULAR PURPOSE.
WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THE ACCURACY, RELIABILITY OR COMPLETENESS OF ANY INFORMATION PROVIDED BY US; THAT THE WEBSITES AND THE SERVICE ARE NONINFRINGING; THAT ACCESS TO THE WEBSITES AND SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE WEBSITE AND THE SERVICE WILL BE SECURE; THAT THE SERVER THAT MAKES THE WEBSITE AVAILABLE WILL BE VIRUS-FREE. IF YOU DOWNLOAD ANY MATERIALS FROM THE WEBSITES, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS.
WE INSTRUCT YOU THAT IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE MAY NOT APPLY TO YOU.
5.3 LIMITATION OF LIABILITY
IN NO EVENT, AND TO THE FULLEST EXTENT PERMITTED BY LAW, SHALL WE BE LIABLE TO YOU, OR ANY OTHER PERSON OR ENTITY FOR ANY PERSONAL INJURY OR DAMAGES TO PROPERTY, DAMAGES FOR LOSS OF BUSINESS PROFITS OR OTHER PECUNIARY LOSS, INCLUDING ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES, ARISING OUT OF YOUR OR ANOTHER USERS ACCESS OR USE OF THE WEBSITES OR SERVICE, YOUR USE OF THE WEBSITE, AND SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WE INSTRUCT YOU THAT IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE LIMITATION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
5.4 Third Party Services
We use third party services for our Websites and Service, including without limitation third party payment services and shipment services for delivery of tangible goods. In the event that you make a payment to us, you are responsible for the payment until we have received the funds. Any disputes or errors that occur or relate to circumstances that occur before we receive your payment are subject to your relationship with the third party payment service and their terms of services. Place of performance for distribution for any good purchased through our websites is the principle place of our business.
Subject to the terms, conditions, express representations and warranties provided in the Agreement, you agree to indemnify, save and hold us harmless from any and all damages, liabilities, costs, losses or expenses (including reasonable attorneys’ fees and costs) which may be incurred as the result of any claim, suit or proceeding brought or threatened against us (each a “Claim”) based on allegations which are inconsistent with any of your representations and warranties made herein, except in the event any such Claims, damages, liabilities, costs, losses or expenses arise directly as a result of gross negligence or willful misconduct of us.
Any rights granted hereunder are intended for the benefit of the parties to this Agreement and shall not be exercisable by any person who is not a party to this Agreement.
Any dispute under the Agreement, and your relationship with us under the Agreement, shall be governed by the laws of Andorra without regard to its conflict or choice of laws provisions.
If any provision in the Agreement is invalid or unenforceable or contrary to applicable law, such provision shall be construed, limited, or altered, as necessary, to eliminate the invalidity or unenforceability or the conflict with applicable law, and all other provisions of this Agreement shall remain in effect.