END-USER LICENSE AGREEMENT
This End User License Agreement ("License") is an agreement between you and Digital Legends Entertainment, S.L. ("DLE"). This License governs your use of the game “The Afterpulse”, and updates and upgrades that replace or supplement the said game and are not distributed with a separate license (collectively, the "Game").
You are responsible for any fees, including internet connection or mobile fees that you incur when accessing the Game.
Once you have installed the Game on your device, before using it, you must be required to have an account with the applications provider for your device.
a. Engage in any act that DLE deems to be in conflict with the spirit or intent of the Game, including but not limited to circumventing or manipulating these terms, the Game rules, Game mechanics or policies;
b. Make improper use of DLE’s support services, including by submitting false abuse reports or using profane and abusive language in your communications with our support personnel; or
c. Use the Game, intentionally or unintentionally, in connection with any violation of any applicable law or regulation, or do anything that promotes the violation of any applicable law or regulation.
d. Use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third party software designed to modify or interfere with the Game;
e. Use the Game in order to design or assist in the design of cheats, automation software, bots, hacks, mods or any other unauthorized third party software designed to modify or interfere with the Game;
f. Without DLE’s express written consent, modify or cause to be modified any files that are a part of the Game;
g. Disrupt, overburden, or aid or assist in the disruption or overburdening of (1) any computer or server used to offer or support the Game ("Server"); or (2) the enjoyment of the Game by any other person;
h. Institute, assist or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person’s use or enjoyment of the Service; or
i. Attempt to gain unauthorized access to the Game, Servers, or networks connected to the Game by any means other than the user interface provided by DLE, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Game;
j. Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive;
k. Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content;
l. Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse or harm of another person, group, including DLE employees, including DLE’s customer service representatives; or
m. Make available through the Game any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a DLE employee;
n. Without DLE’s express written consent, use the Game or any part thereof for any commercial purpose, including but not limited to (1) communicating or facilitating any commercial advertisement or solicitation, or (2) gathering or transferring Virtual Goods for sale;
o. Use the Game or any part thereof for performing in-game services, such as power-leveling and item collection services, in exchange for payment outside the Game; or
p. Transmit unauthorized communications through the Game, including junk mail, chain letters, spam and any materials that promote malware, spyware and downloadable items;
q. Interfere or attempt to interfere with the proper functioning of the Game or connect to or use the Game in any way not expressly permitted by this License;
r. Use any unauthorized third party software that accesses, intercepts, "mines", or otherwise collects information from or through the Game or that is in transit from or to the Game, including, without limitation, any software that reads areas of RAM or streams of network traffic used by the Game to store information about DLE Game characters, elements, or environment. DLE may, at its sole and absolute discretion, allow the use of certain third party user interfaces;
s. Intercept, examine or otherwise observe any proprietary communications protocol used by a client, a Server, or the Game, whether through the use of a network analyzer, packet sniffer or other device;
t. Make any automated use of the system, or take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
u. Bypass any robot exclusion headers or other measures DLE employs to restrict access to the Game, to send content or messages, scrape, spider, or crawl the Game, or harvest or manipulate data;
v. Use, facilitate, create, or maintain any unauthorized connection to the Game, including without limitation (1) any connection to any unauthorized server that emulates, or attempts to emulate any part of the Game; or (2) any connection using programs, tools, or software not expressly approved by DLE;
w. Except where permitted by law or relevant open source licenses, reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Game, or to obtain any information from the Game using any method not expressly permitted by DLE; or
x. Copy, modify or distribute rights or content from the Game, or DLE’s copyrights or trademarks or use any method to copy or distribute the content of the Game except as specifically allowed in this License;
y. Solicit or attempt to solicit personal information from other users of the Game;
z. Collect, harvest or post anyone’s private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Game; or
aa. upload or transmit or attempt to upload or transmit, without DLE’s express permission, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies or other similar devices (sometimes referred to as "spyware," "passive collection mechanisms" or "pcms").
DLE can manage, regulate, control, modify or eliminate Virtual Currency and Virtual Goods without having any liability to you or any other third person for any of such actions.
Whether you obtain the Virtual Currency or the Virtual Goods by earning or acquiring them with real world money, you have no right, title or interest in or to Virtual Currency or Virtual Goods, other than a limited, personal, revocable, non-transferrable license granted by DLE, to use them solely within the Game.
You can acquire Virtual Currency or Virtual Goods by visiting the page […], providing your billing information, confirming the particulars of your purchase and re-affirming your agreement to this License. When you purchase a License to Virtual Currency or Virtual Goods, DLE may send you a confirmatory e-mail that will contain details of the items you have ordered. Please check that the details in the confirmatory e-mail are correct as soon as possible and maintain a copy of it for your records. DLE keeps records of transactions in order to deal with any subsequent queries.
For Virtual Currency and Virtual Goods, your order will represent an offer to DLE to purchase a license which will be accepted by DLE when DLE makes the Virtual Currency or the Virtual Goods available in your account of the Game or debit your credit card, whichever comes first.
You agree to pay all fees and applicable taxes incurred by you or anyone using the Game. DLE may revise the pricing for the items it licenses to you at any time. YOU ACKNOWLEDGE THAT DLE IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
You may terminate the License by uninstalling the Game from your device.
YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT DLE IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD DLE LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF GAME AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE GAME AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, UNDER NO CIRCUMSTANCES WILL DLE BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID DLE OR ITS LICENSORS, IN RELATION WITH THE GAME, IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.
YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID DLE OR ITS LICENSORS ANY AMOUNTS IN RELATION WITH THE GAME, IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH DLE IS TO STOP USING THE GAME AND TO UNISTALL IT FORM YOUR DEVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THE SECTION MAY NOT APPLY TO YOU. IN PARTICULAR, NOTHING IN THESE TERMS SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF DLE.
You agree that the provisions in this Section will survive any termination of the License.
By transmitting or submitting any User Content while using the Game, you affirm, represent and warrant that such transmission or submission is (a) accurate and not confidential; (b) not in violation of any applicable laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content; (c) free of viruses, adware, spyware, worms or other malicious code; and (d) you acknowledge and agree that any of your personal information within such content will at all times be processed by DLE in accordance with Section 10.
You own your User Content. You hereby grant DLE a perpetual and irrevocable (other than as provided below), worldwide, fully paid-up and royalty free, non-exclusive, unlimited license, including the right to sublicense and assign to third parties, and right to copy, reproduce, fix, adapt, modify, improve, translate, reformat, create derivative works from, manufacture, introduce into circulation, commercialize, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way now known or in the future discovered, your User Content as well as all modified and derivative works thereof in connection with our provision of the Game, including marketing and promotions thereof. To the extent permitted by applicable laws, you hereby waive any rights you may have in any User Content. The license you grant DLE to use user posted content ends when you delete your User Content or you uninstall the Game from your device unless your User Content has been shared with others, and they have not deleted it. However, you understand and accept that removed content may persist in back-up copies for a reasonable period of time.
Every time that DLE updates the Game, launching a new version of it, and you install such new version in your device, DLE may offer you the opportunity to send your feedback about the functioning of the Game.
Should you decide that you want to provide DLE with your feedback about the Game, before sending your comments, you will be required to fill out an obligatory form that will appear on the screen of your device (the “Form”) in which you must (i) provide your complete name; (ii) provide your e-mail address; and (iii) indicate the model of device through which you are accessing the Game and that is suitable to connect with. By completing the Form, you authorize DLE to disclose the personal data you have provided to DLE to third parties which are responsible under an agreement with DLE for the publication and/or commercialization and/or distribution of the Game.
All the information provided by you in the Form must be truthful and up to date. You agree that, if any information is untrue, inaccurate, incomplete or not current, DLE has the right to refuse your future access and use of the Game.
DLE may use tools or third party analytical software to automatically collect and use certain non-personal data that does not directly enable DLE to identify you. The types of non-personal data DLE may collect and use include, but are not limited to: (i) device properties, including, but not limited to IP address, address and unique device identifier or other persistent or non-persistent device identifier ("Device ID"); (ii) device software platform and firmware; (iii) mobile phone carrier; (iv) geographical data such as zip code, area code and coarse location; (v) game progress, time used playing, score and achievements; (vi) other non-personal data as reasonably required by DLE to enhance the Game.
DLE may use and disclose to DLE’s partners and contractors the collected non-personal data for purposes of analyzing usage of the Game, advertisement serving, managing and providing the Game and to further develop the Game and other DLE services and products. Additionally, DLE reserves the right to use and disclose the collected non-personal data for purposes of advertisement by DLE or DLE’s partners and contractors.
You recognize and agree that the analytics companies utilized by DLE may combine the information collected with other information they have independently collected from other services or products relating to your activities. These companies collect and use information under their own privacy policies.
DLE is committed to protect your privacy. In this regard, by virtue of the Spanish Organic Law 15/1999, of 13 December of Protection of Personal Data, your e-mail address and other personal data provided by you in the Form, will be kept in DLE’s file, whose purpose is to keep the professional, commercial, and/or contractual relationship that is established by any aspect of law and taxation. You can apply your right of access, rectification, cancellation and opposition by notifying DLE – Administration Dept., Carrer del Bruc 50, 2º 4ª, 08010 Barcelona (Spain).
DLE may use personal and non-personal data, both individually and combined together, for purposes of analyzing usage of the Game, providing customer and technical support, managing and providing services (including managing advertisement serving), customizing DLE’s communications and to further develop the Games and other DLE services and products. DLE may combine non-personal data with personal data.
DLE may disclose your personal data to third parties as required by law enforcement or other government officials in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose you or DLE to legal liability.
You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Game or any DLE game, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Game or any content or other material used or displayed through the Game and agree to limit your claims to claims for monetary damages, limited by Section 5 (if any).
In the event of a conflict between a translation of the DLE Policies and the English version, the English version of the DLE Policies will prevail.
The express waiver by DLE of any provision, condition, or requirement of this License shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
Except as expressly and specifically set forth in this this License, no representations, statements, consents, waivers, or other acts or omissions by DLE shall be deemed a modification of this License nor be legally binding, unless documented in physical writing, hand signed by you and a duly appointed officer of DLE.