“Account” means an account created on the Website, which allows to access and/or purchase the Service(s).
“Agreement” means the present document and any applicable Order.
“Beta Test (CBT/OBT)” means a test phase of the Game for the duration of which only limited content and features of the Game may be available. The Beta Test phases shall occur before the Release.
“eCoin ” means a virtual money which can be purchased in the Shop and can only be used in the Game to Cash Shop.
“Flame Games Europe” means the game publisher and supporter.
“Default” means the violation by a Party of its obligations under in the Agreement.
“Forums” means the discussion forums for the Game, accessible to the User on the Website.
“Game” means Dragona Online, a massively multiplayer online role playing video game software.
“Game Client” means the software necessary for the User to access and play the Game, to be downloaded and installed on the hardware of the User.
“In-game Shop” means a virtual shop accessible in the Game in which the User can purchase Virtual Items with eCoins.
“Party” means the User or Flame Games Europe, both together referred to as the “Parties”.
“Services” means the services provided to the User by Flame Games Europe, free of charge or for a fee, including the Website, the Forums, the Game and the Shop.
“User” means the natural person entering the Agreement.
“Virtual Item” means the digital content which can be purchased with eCoins in the In-game Shop by the User and can only be used in the Game.
“Website” means the dragonaglobal.com website operated by Flame Games Europe.
2. SCOPE OF THE AGREEMENT
The Agreement governs the provision of Services to the User. The User enters the Agreement pursuant to the provisions of Article 3. (Creation of an Account) of the Agreement and receipt of the Order if applicable.
The User will be prompted to accept the Agreement when the User access the Game for the first time and each time the User purchases a Service.
3. CREATION OF AN ACCOUNT
Only a natural person who is over the age of majority in the country where he or she has his/her habitual residence may create an Account. The User may also create an Account for a child who is under his or her legal supervision provided that the User is allowed law of the country the child’s habitual residence to provide the child access to the Game.
When creating an Account, the User is:
prompted to declare that the User has the required age to create an Account;
prompted to enter the Agreement by accepting the Terms of Service.
4. DURATION OF THE AGREEMENT
The Agreement is entered between the Parties for an indefinite period of time, as of the moment of accepting the Agreement, including these Terms of Service, and Flame Games Europe has sent the Order to the User. Each Party can terminate the Agreement pursuant to the provisions of Article 11. (Termination of the Agreement) of the Agreement.
5. FEES RELATED TO THE PROVISION OF THE SERVICES
The User can access the Website, create an Account use the Forums and play the Game free of charge.
The User may buy eCoins in the Shop, which can be used in the In-game Shop.
The non-payment or the retraction of a payment for eCoin, for instance with a chargeback, shall qualify as a Default allowing Flame Games Europe, without prior notice, to immediately suspend the provision of all Services to the User on all User Accounts owned by the User without terminating User’s payment obligations.
6. PURCHASE OF eCOIN AND VIRTUAL ITEMS
6.1. LICENSE GRANTED ON eCOINS
You can purchase eCoins in the Shop.
The purchase of eCoin is not a delivery of goods but the provision of digital content licensed by Flame Games Europe to the User. Subject to the terms of the Agreement, Flame Games Europe grants the User a non-transferable, non-sublicensable and non-exclusive license for the duration of the Agreement on the eCoins the User purchased to use the eCoins on the User’s Account in the Game to purchase Virtual Items.
6.2. REIMBURSEMENT OF eCOINS
Flame Games Europe will not provide any compensation for the eCoins or the Virtual Items on User’s Account including in the following events:
- the Agreement was unilaterally terminated by the User, whether the termination resulted from a modification of the Agreement or not;
- the Agreement was terminated by Flame Games Europe for a Default by User;
- the damage alleged by the User resulted from the User sharing his or her Account with third parties, including the User’s family members, or third parties accessing the Account.
Notwithstanding the above, Flame Games Europe will provide compensation for eCoins in the following event:
- loss of eCoins or expiration of Virtual Items resulting from an attributable hardware or software failure on Flame Games Europe’s side, provided that the User is not involved in any way in the events that lead to the loss;
6.3. RIGHT OF WITHDRAWAL
When purchasing eCoin, the User is prompted to express his or her consent for the performance of the Service. The performance of the Service means that the purchased eCoin will be immediately added to the User’s balance on his or her Account once the payment is effective. By entering the Agreement, the User is informed and expressly accepts that the User loses his or her right of withdrawal when the User purchases eCoin.
7. USER CONTENT
7.1. LIMITATIONS APPLICABLE TO USER CONTENT
The User is not allowed to create or prepare any derivative work based on the Game unless such derivative work falls under the definition of “User Content” provided in Article 1. (Definitions) of the Agreement.
The User is not allowed to create or provide any software which would provide an unfair advantage in the Game to its end-users and/or third parties. In order to maintain the balance of the Game, Flame Games Europe is solely entitled to decide what should be considered as an “unfair advantage”.
The User is allowed to create User Content to the extent User Content (i) does not violate the terms and conditions of the Agreement, including the services policies provided under Article 8. of the Agreement (ii) is not used for commercial purposes, (iii) does not infringe any third party’s intellectual property rights, trademarks, patents, personality rights (including the right to one’s image), (iv) is not obscene, racist, defamatory, insulting, promoting violence or discrimination based on race, religion, sexual or gender preferences, (v) does not aim at harassing another person, (vi) does not imply any commercial relationship or other connection between User and Flame Games Europe, (vii) does not damage the reputation or good name of Flame Games Europe or in any other manner cause harm to Flame Games Europe.
7.2. LICENSE GRANTED ON USER CONTENT
The User grants Flame Games Europe a worldwide, sublicensable, transferable and free license on the User Content, for the duration of protection of User Content by any applicable intellectual property legislation, to:
- reproduce and display User Content on the official social networks pages of the Game, including Facebook, Twitter and Youtube;
- reproduce and display User Content on the Website.
The User also allows Flame Games Europe to communicate the User Content to third parties, including fan-sites of the Game and other medias for the purpose of promoting the Game and/or the User Content.
Flame Games Europe will not attempt to generate any direct revenue from the User Content (i.e. by selling the User Content) without the prior approval of the User, unless such approval was provided by the User prior to taking part to an event organized by Flame Games Europe for the specific User Content the User provided by the User for this event. The User shall not withhold its approval on unreasonable grounds.
8. SERVICES POLICIES
8.1. COMMON RULES
8.1.1. Inappropriate or infringing content
Flame Games Europe does not vouch for or warrant the accuracy, completeness or usefulness of any message, article, link or comment posted by other users in the Services, and shall not be responsible for the contents of any such message, article or comment.
The messages express the views of the author of the message, not necessarily the views of Flame Games Europe. The User can report any violation of the services policies either by clicking on the report icon for that purpose on the Forums, either by reporting the issue to customer support.
The User shall not use the Service(s) to post any material which is false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, infringes on intellectual property rights, or otherwise violating of any applicable law or this Agreement.
The User shall not use the Service(s) to post any advertisement, link or (commercial) information regarding content which is in violation of the provisions of the Agreement.
The User shall not post any material covered by intellectual property rights, unless the intellectual property rights are owned or licensed by the User or by Flame Games Europe.
8.1.2. Naming policy
The User shall not use on the Website, the Forums and in the Game character names, family names, guild names, clan names and/or nicknames that are:
- Vulgar, abusive, hateful, racist, defamatory, threatening, pornographic or sexually orientated;
- Referring to inappropriate parts of the human body or bodily functions;
- Referring to drugs or illegal activities;
- Related to the Nazi regime;
- Referring to religious figures or religious organizations;
- Related to political regimes or personalities involved or suspected of violation of human rights;
- Promoting violence, ethnical, racial or national hatred, hatred regarding sexual orientation;
- Impersonating an existing person;
- Violating the intellectual or industrial rights of a third party, including trademarks.
The use of alternate spelling, for instance by replacing letter with number, in order to violate the above mentioned rules shall be considered a violation of the naming policy as meant in Article 8.1.2.
8.1.3. Use of unauthorized programs
The User shall not attempt to modify the gameplay of the Game by using:
- Software or sets of instructions (including macros) allowing the automated operation of controls in the Game;
- Software or code allowing the User to play the Game in ways which would not have been otherwise possible.
8.1.4. Use of Exploits
The User shall immediately report any process or action(s) which, when performed in the Game, allow the User to play the Game in a way it was no intended to be played by game design (hereinafter, an “Exploit”).
The User shall never attempt to reproduce an Exploit, except for the purpose of providing the reproduction steps to customer support of Flame Games Europe.
Any benefit acquired from the direct or indirect action of Exploiting shall be reversed if deemed necessary by Flame Games Europe.
8.1.5. Threats to the provision of the Services
The User shall not make threats or attempt to disturb the provision of the Services in any way including spamming, denial of service attacks on the Game servers, performing actions whether alone or as a group, on the Service(s), that would affect the performances of the Service(s) or the experience of other end-users of the Services.
Flame Games Europe reserves the right to take any actions deemed necessary to maintain the integrity of the Service(s).
8.1.6. Account sharing
The User is not allowed to share the credentials of the User’s Account with anyone.
Notwithstanding the above, Flame Games Europe may request from User the name of its Account for events or in order to provide User with customer support. However, Flame Games Europe will never ask for an Account password.
8.1.7. Modification of the Game Client
The User is only allowed to use third party programs affecting the Game Client to the extent such programs do not affect significantly the gameplay and do not violate any provision of the Agreement. The use of any such use third party program must be validated first by Flame Games Europe. For that purpose, the User should contact customer support before installing and using such use third party program.
8.1.8. Selling Account(s) or item(s)
The User shall not attempt to sell the Game, an Account, Virtual Items, eCoins, the virtual currency or any item of the Game for money (i.e. real money trading).
8.1.9. Violation of law
The User undertakes to respect the legislation of the country from which the User launches the Game and accesses the Services.
8.2. BREACHES AND OUTCOMES
Based on its severity, the violation of the service policies as provided in Article 8.1 may result in, but not limited to, one of the following:
- A temporary impossibility to post message on the relevant Service;
- The renaming of the name violating the naming policy
- a warning;
- a temporary ban forbidding the User to use the relevant Service;
- a temporary ban forbidding the User to post messages on the Forums and to access the Game;
- a permanent ban forbidding the User to use the relevant Service;
- a permanent ban forbidding the User to post messages on the Forums and to access the Game;
- a permanent ban on the Account forbidding the User to use the Account to access the Services;
- the termination of the Agreement for cause.
Flame Games Europe shall ensure the proportionality of the sanction(s) in relation to the severity of the violation. Flame Games Europe will not become liable for any costs, losses or damage made or suffered by User due to Flame Games Europe imposing (a) sanction(s) on User.
The violation of Articles 8.1.3. (Use of unauthorized programs), 8.1.4. (Use of Exploits), 12.1.5. (Threats to the provision of the Services), 8.1.7. (Modification of the Game Client), 8.1.8. (Selling Account(s) or item(s)), 8.1.9. (Violation of law) shall qualify as a Default under Article 13.3. (Termination for cause) and justify the permanent ban of any involved Account as well as any Account owned by the User and the immediate termination of the Agreement for cause by Flame Games Europe.
Flame Games Europe undertakes to provide and to operate the Services in accordance with the terms and conditions and for the fees specified in the Agreement.
Flame Games Europe undertakes to use its best efforts to make the Services available at all time to the User as from the Release. Flame Games Europe does not warrant that the provision of the Services will be error free or uninterrupted. The User accepts that the Services, including the Game only contains the functionalities and other characteristics as it contains at the moment of use by User (“as is” and “as available”). Each and every use of the Services is for User’s own risk and responsibility.
The User is informed and accepts that Flame Games Europe may interrupt or provide degraded Service(s) in the following events without such events constituting a Default or any other breach of the Agreement:
- downtimes making the Service(s) unavailable in order to add content, fix bugs or Exploits;
- downtimes or degraded performances of the Service(s), for the duration of hardware updates required in order to improve the User’s experience;
- degraded performances resulting from a high number of players in the Service(s) or from their interaction.
The User is solely responsible for the purchase and/or the proper operation of the infrastructure necessary to use the Services. Flame Games Europe is never liable for damage or costs on account of transmission errors, malfunctions or non-availability of computer, data or telecom facilities, including the internet.
Flame Games Europe does not warrant the compatibility of the Game with the User’s hardware and system. System requirements provided by Flame Games Europe are for general information purposes and User’s experience may vary depending on the brand of the hardware, its condition or on the software installed on User’s system.
Flame Games Europe does not warrant the continuous hardware compatibility of Game. Flame Games Europe reserves the right to modify the minimal and recommended hardware and system requirements, including the possibility to stop supporting operating systems.
Each Party (hereinafter the “Indemnifying Party”) shall indemnify and keep the other Party harmless (hereinafter the “Indemnified Party”) against any costs, claims, damages, losses and expenses, including counsel costs and re-tendering charges, which the Indemnified Party suffers which arise as a direct result of any claim that the use by the Indemnified Party of any intellectual property rights in the Service(s), and/or in User Content infringes the intellectual property rights of any third party (hereinafter a “Claim”).
The obligations of the Indemnifying Party under this Article are conditioned upon the Indemnified Party (i) giving prompt written notice of the Claim to the Indemnifying Party; (ii) permitting the Indemnifying Party to retain sole control of the investigation, defense or settlement of the Claim, and (iii) providing the Indemnifying Party with such cooperation and assistance as the Indemnifying Party may reasonably request from time to time in connection with the investigation, defense or settlement of the Claim.
Flame Games Europe shall have no obligation hereunder to defend the User against any Claim (a) resulting from use of the Service(s) other than as authorized in this Agreement, or (b) to the extent the Claim arises from or is based on the use of the Service(s) with other products, services, or data not supplied by Flame Games Europe if the infringement would not have occurred but for such use. Flame Games Europe shall, at its expense and option either (i) obtain for the User the right to continue using the Service(s), (ii) replace the Service(s) with a functionally equivalent non-infringing product, (iii) modify the Service(s) so that they are non-infringing, or (iv) stop providing the Service(s) and refund the fees invoiced by Flame Games Europe and paid by User for the infringing Service(s) pursuant to the Agreement for the last six (6) months prior to the day the Service(s) became unavailable as a result of the Claim.
To the extent allowed under applicable law, this Article states the entire liability of Flame Games Europe, and User’s sole and exclusive remedy, with respect to a Claim. However, overriding mandatory law will prevail.
To the maximum extent permitted by applicable law, the liability of Flame Games Europe is limited solely to the direct damage caused to the User by the fault of Flame Games Europe, excluding any indirect damages.
Direct damage is understood to mean exclusively:
a. damage demonstrably caused directly in relation to receiving proper performance, however this damage shall not be compensated if the Agreement is rescinded (“ontbonden”);
b. reasonable costs incurred to prevent or limit direct damages that could be expected from the event on which is the liability is based;
c. reasonable costs incurrent in determining the cause of the damage.
Indirect damages are all other damages than direct damages, including loss of reputation, loss of a contract, loss of a chance, loss in production, disorganisation of the User’s operations and or loss of data.
The aggregate liability of Flame Games Europe for all damages and all other losses for any cause arising under the Agreement shall not exceed the total of the fees invoiced by Flame Games Europe and paid by User pursuant to the Agreement for the last six (6) months prior to the day User notified the damage(s) to Flame Games Europe.
The limitations and exclusions of liability mentioned in the preceding paragraphs of this article will lapse if and in so far as the damage is the result of intentional or willful recklessness on the part of Flame Games Europe or its managers (“own actions”).
13. TERMINATION OF THE AGREEMENT
13.1. TERMINATION BY THE USER
The User can terminate the Agreement for convenience at any time by contacting customer support to request the termination of the Agreement.
13.2. TERMINATION BY FLAME GAMES EUROPE
Flame Games Europe may decide at any time to stop providing the Game to all end-users by permanently removing the Game servers or preventing access to them to all end-users, provided that Flame Games Europe gives notice of the discontinuation of the Game to the User at least two (2) months before the date of discontinuation.
13.3. TERMINATION FOR CAUSE
In the event a Party (the “Defaulting Party”) does not fulfil its obligations set forth in the Agreement, the other Party (the “Notifying Party”) shall notify the Defaulting Party:
- by contacting customer support if Flame Games Europe is the Defaulting Party, or
- by contacting the User by email or with a notice displayed when the User attempts to connect to his or her Account or to the Game.
The notification shall describe the Defaults resulting from the Defaulting Party.
In the event Flame Games Europe does not remedy to the attributable Defaults within two (2) month as from the date of receipt of the notice, the User shall be entitled to terminate the Agreement for cause. Only the impossibility for the User to access the Game for the User shall qualify as a Default of Flame Games Europe justifying the termination of the Agreement by the User.
If the User is the Defaulting Party, Flame Games Europe shall be entitled to (i) immediately stop providing all Services to the User without prior notice and without any indemnity or liability and (ii) terminate the Agreement for cause. Flame Games Europe may, at its sole discretion, start providing the Services again to the User if the User remedies to the Defaults.
In the event of termination for cause (“ontbinding”) of the Agreement, no reversal will take place of that which Flame Games Europe has already delivered and/or performed and User has paid. Where applicable, amounts invoiced by Flame Games Europe before the termination in connection with that which Flame Games Europe has already properly performed or delivered in the implementation of the Agreement will continue to be owed with due observance of the provision in the preceding sentence and will become immediately due and payable in full at the time of the termination.
13.4. EFFECTS OF TERMINATION
In the event of a termination for convenience or cause of the Agreement:
- Flame Games Europe will stop providing all Services to the User;
- Flame Games Europe will make the User’s Account(s) inaccessible;
- The User shall remove any copy of the Game, including the Game client from his computer(s) and storage devices;
- In the event Flame Games Europe is the Defaulting Party, Flame Games Europe shall reimburse to the User all the fees paid by the User to Flame Games Europe for the affected Service during the six (6) months period preceding the termination of the Agreement;
- In the event the User is the Defaulting Party or User decides to terminate the Agreement, Flame Games Europe will not reimburse any of the fees paid by User under the Agreement.
In the event of a termination resulting from a force majeure event in the conditions set forth under Article 14. (Force majeure) of the Agreement, User shall not be entitled to any reimbursement of the fees already paid to Flame Games Europe.
The provisions of Articles 9. (Privacy), 11. (Indemnity), 12. (Liability), 16. (Severability), 17. (Waiver), 18. (Headings) and 19. (Governing Law and jurisdiction) of the Agreement expressly continue and survive the termination or expiration of this Agreement.
14. MODIFICATION OF THE AGREEMENT
Flame Games Europe may modify at any time the terms and conditions of the Agreement.
Modification of the Agreement in order to modify the terms and conditions applicable to Services which have not yet been provided and charged to the User shall not require any prior notification.
For minor modifications of the Agreement such as the clarification of the provisions of the Agreement, modifications made in order to comply with applicable law or modification benefiting to the User, Flame Games Europe shall only provide a notice on the Website or on the Forums mentioning the modification of the Agreement.
For major modifications such as modifications decreasing or greatly affecting the rights of the User under the Agreement, Flame Games Europe shall provide a one (1) month prior notice to the User on the Website or on the Forums mentioning the modification of the Agreement.
For modifications of the Agreement greatly affecting the gameplay of the Game, Flame Games Europe shall provide a two (2) months prior notice to the User on the Website or on the Forums mentioning the modification of the Agreement.
15. FORCE MAJEURE
Each Party will be excused from performance for any period during which, and to the extent that, it is prevented from performing any obligation or Service as a result of force majeure event, including illness of employees and/or absence of key employees needed for the Service, power failures, strikes, riots, government measures, fire, natural disasters, floods, failure of suppliers of Flame Games Europe, shortcomings by third parties which were engaged by Flame Games Europe, disruption of the internet connection, hardware failures and failures in (telecommunication) networks and denial of service attacks on the Services. Force majeure shall be interpreted in accordance with Dutch Law. Nothing in the foregoing shall be deemed to relieve User of its obligation to pay Fees owed under this Agreement.
The Party relying upon a “force majeure” event shall notify it within forty-eight (48) hours of its occurrence:
- for the User, by contacting customer support;
- for Flame Games Europe, by posting an announcement on the Website or on the Forums.
The duration of the interruption of the Agreement shall not exceed seven (7) calendar days. After such period of time, the Agreement may be terminated outright by contacting the customer support or by email with an acknowledgement of receipt by either Party.
If any provision of this Agreement shall be held by a court of competent jurisdiction to be contrary to law, such provision will be enforced to the maximum extent permissible and the remaining provisions of this Agreement will remain in full force and effect. Notwithstanding the foregoing, the terms of this Agreement that limit, disclaim, or exclude warranties, remedies or damages are intended by the Parties to be independent and remain in effect despite the failure or unenforceability of an agreed remedy. The Parties have relied on the limitations and exclusions set forth in this Agreement in determining whether to enter into it.
Performance of any obligation required by the User under the Agreement may be waived only by a written waiver signed by an authorized representative of Flame Games Europe, which waiver shall be effective only with respect to the specific obligation described therein. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
Headings in this Agreement are for convenience only and do not affect the meaning or interpretation of this Agreement. This Agreement will not be construed either in favour of or against one Party or the other, but rather in accordance with its fair meaning. When the term “including” is used in this Agreement it will be construed in each case to mean “including, but not limited to”.
19. GOVERNING LAW AND JURISDICTION
This Agreement is governed by and construed in accordance with the laws of the Hungarian, without prejudice to principles of conflicts of laws that would result in the application of the law or of specific legal provisions of a different jurisdiction.
Any disputes arising from the present Agreement shall be submitted to the jurisdiction of the Courts of the district of Budapest unless the User is entitled to choose another jurisdiction in virtue of provisions that cannot be contractually waived.