TERMS OF SERVICE
Last updated: 14 November 2024
Terms and Conditions
This document constitutes an agreement (the “Agreement”) between yourself and the United States-based company DISPORTY LTD, its subsidiaries, and affiliates (the “Company”, “us”, “we”, “Ourselves”, “our”) that governs the relationship between you and the Company in regards to your use of our games, websites, applications, and online services that link to this document (the “Services”, the “Product”).
By “Services” we refer to all of our websites, apps, software, or any other service we provide in support of our platform, regardless if they are installed or only used through incapable hardware platforms including gaming consoles, computers, mobile devices, or software platforms including third-party hosts.
By “Platform” we mean any software you download and/or access that is subject to this Agreement along with its documentation, instructions of use, future updates, Virtual Currencies, Virtual Goods, and Content included within.
Our Services may integrate third-party payment services, such as PayPal or blockchain wallets, which the Company does not operate directly. Your use of these services is subject to separate terms and conditions applicable to each individual service.
The Company provides access to our Services subject to your compliance with this Agreement, thus it’s important for you to read and understand this Agreement.
For our customers located in the United States of America, when you consent to enter into this Agreement, you and the Company agree: i)to resolve any potential dispute between you and the Company through binding, individual arbitration rather than in court; and ii)that the arbitration proceedings described herein will be conducted on an individual basis only. If you do not consent to the terms of this Agreement, you may not install, copy, or use any of our Services.
Account Creation
You are not permitted to create and/or use a user account (your “User Account”) or use/access any of our Services on behalf of a legal entity or for commercial purposes, or if you are barred for whatever reason from using these Services under applicable law.
In order to use our Services you must be above the legal minimum age for consent for data collection in your local jurisdiction. Some of our Service’s features require the creation of a User Account, if you are under 18 or not legally considered an adult in your jurisdiction, you must ask a parent or a legal guardian to read this Agreement and accept it on your behalf. If you are the parent or legal guardian of a minor creating an account with the Company, you and the minor accept and agree to be bound by this Agreement. You are also responsible for all use of the account and compliance with the Agreement by the minor, including all purchases made on the account, regardless of whether you have authorized such uses.
It’s important that you provide us with complete, accurate, and up-to-date information for your User Account and that you don’t disclose these details to anyone. We might send important legal, account, or Service-related notices to the email you used for registration, so we require you keep this information current, otherwise, we may terminate or suspend your User Account unilaterally. If you create a User Account by using a third-party authentication method, like a social media account, in order to use our Service, your mail will be delivered to the email address registered with said third party.
When you create a User Account with us we require that you provide us with an email address and a password (your “Login Credentials”). By consenting to this Agreement, you agree that:
- You may not create a User Account for anyone else or in a name other than your own.
- You can’t share your User Account or Login Credentials with anyone else.
- You can’t sell, transfer or allow any other person access to your User Account or Login Credentials or offer to do so.
- You must keep your Login Credentials secret.
If you become aware of a security breach regarding your User Account you must notify us immediately at our support contact: support@disporty.com. You are responsible for all losses taking place on your account where you shared your Login Credentials or have failed to keep your User Account details up to date, including but not limited to the loss or use of Virtual Content.
Account Termination
The Company can terminate or suspend any and all Services and any registered User Account immediately and without prior notice or liability on thirty days’ notice, or immediately for any reason beyond the Company’s reasonable control or:
- If you are in breach of any terms and conditions of an agreement or policy governing the Service, including this Agreement and/or the Privacy Policy.
- If in doing so would be in the best interest of the community of our users or the Company is required to do so in order to uphold a third party’s rights.
- If we cease to provide the Services for other users generally situated similarly.
- You have failed to pay us any fees you owe us or we have to refund a third party due to unauthorized use of a payment made from your account.
- You made unauthorized use of someone else’s payment information.
- We deem it necessary to terminate this Agreement in our sole discretion.
Upon the termination of your User Account, your right to use the Service will cease immediately. If you choose to terminate your User Account unilaterally, you can solicit it by contacting us at termination@disporty.com
Permitted and Restricted Use
The Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use its Services. The license is subject to this Agreement as applicable, the Privacy Policy, and is conditioned upon the following:
- You can only view, copy or print portions of the Service for you own, informational, personal and non-commercial use.
- You may not, in any way, sell, modify, copy, exchange, loan, reverse engineer, decompile, derive source code from, translate, lease, transfer, publish, assign, distribute or otherwise make derivative uses of our Services, or any portion of them.
- You may not remove or modify any copyright, trademark, or other proprietary notices that have been place by the Company in our Services.
- Yoou may not use data mining technology, robots or similar means of data gathering and/or extraction in our Services.
- You may not reproduce, replicate, prepare derivative works from, frame, distribute, display or “mirror” our Services.
- You may not only use our Services for anything other than their intended purpose.
- You must not violate any of the other conditions specified in this Agreement.
Except when expressly allowed by the Company, any use or accessing of any portion of our Services without prior written permission of the Company is prohibited and will de facto terminate the license granted herein. If we terminate your User Account, any license granted by us to you to use our Services and Virtual Content immediately ceases.
Although the Company’s Services are accessible worldwide, not all products or services are available to all persons or in all geographic locations. We reserve the right to limit, in our sole discretion, the provision and quantity of any product or service to any person or geographic area it so desires. Any offer for any product or service made is void where prohibited.
The Company may modify, suspend, or discontinue the Services or part of them, including the availability of any feature or content, on thirty days’ notice, or immediately for any reason beyond the Company’s reasonable control, or if you breach any term of an agreement or policy governing the Software, including this Agreement, the Privacy Policy and/or Licensor's Terms of Service. The Company may also impose limits on certain features and services or restrict your access to parts or all of the Online Services without notice.
The Company owns and reserves all rights, title, and interest in and to the Services, and all data and content posted, generated, provided, or otherwise made available in or through the Services, including, user accounts, computer code, titles, objects, artifacts, characters, character names, chat logs, game recordings and broadcasts, locations, location names, stories, dialog, catchphrases, artwork, graphics, structural or landscape designs, animations, sounds, musical compositions and recordings, virtual goods, in-Virtual Currency, audiovisual effects, character likenesses, methods of operation and gameplay (collectively, “Game Content”).
You hereby represent and warrant that your use of our Services will be consistent with this license, our Privacy Policy, and any other applicable agreements or policies and will not violate or infringe the rights of any other party or breach a contract or legal duty to any other party, or violate applicable law. You will be responsible and liable to the company in respect of any liability that the Company might suffer as a result of your use of our Services not in accordance with this Agreement.
If you wish to request permission for uses of the Services that are not included in this license, for your personal use or otherwise, you can get in contact with us at thirdpartylicensing@disporty.com
User Code of Conduct
The following rules, policies and disclaimers will govern and/or apply to your use of our Services, the list below is not meant to be exhaustive, and we reserve the right to modify them at any time.
By using our Services, you agree that:
- You will only use the Services in lawful purposes, in compliance with applicable legislation, for your own, personal, non-commercial use.
- You will not use the Services in connection with an agreement with other individuals or third parties to wager any money other things of value.
- You will not inhibit or restrict any other user from accessing, using or enjoying our Services (for example, by harassing them, hacking, interfering, adversely affecting or defacing them).
- You will not use our Services to create, upload or post any material that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, obscene, profane, hateful, harmful, harassing, sexually oriented, threatening, invasive of one’s privacy, in violation of a law or inconsistent with community standards.
- You will not post, upload or create yourself any copyrighted material using our Services unless you own the copyright in and to such materials.
- You will not post, upload or transmit any information or software that modifies or alters our Services in any way or that contains malware like viruses, worms, Trojan horses, keystroke loggers, time bombs, cancelbots, or other harmful and/or disruptive routines or components.
- You will not post, upload, create or transmit materials in violation of a third party’s copyright or intellectual propriety rights.
- You will not attempt to deceive and/or utilize any unauthorized robot, spider, crawler, AI training algorithm or other program in connection with our Services
- You will not attempt to avoid, bypass, remove, deactivate, impair, scramble or otherwise circumvent any technological measures implemented by the Company or a third party in order to control the access to our Services or any part of them.
- You will not spam chat rooms or bulletin boards whether with personal or commercial messages and/or disrupt the flow of conversation with repeated postings.
- You will not access or attempt to access areas of our Services that are not meant to be available to the public.
- You will not choose a username that is falsely indicative of an association with the Company, contains personally identifying information or that is defamatory, offensive, vulgar, obscene, sexually explicit, racially, ethnically or otherwise objectionable an you may not use misspelling or alternative spellings to circumvent this restriction.
- You will not publicly disclose identifying information about the Company, its employees or other users.
- You will not impersonate any other individual or entity in connection with your use of our Services.
- You will not play on another person’s account or otherwise engage in activity intended to increase the rank or level of another User Account.
- You will not provide assistance, guidance or instruction to any other individual or entity regarding any of the above.
All determinations of the above will be done by the Company at its sole discretion.
When we provide services involving user-created content ("UGC"), we do not review each individual UGC piece, nor do we confirm the accuracy, validity, or originality of the content posted by individual users. We do not actively monitor the contents of the postings, nor are we responsible for the content of any postings. We do not vouch for, nor do we warrant the validity, accuracy, completeness, or usefulness of any UGC. The contents of the postings do not represent the views of the Company, its subsidiaries, or any person or property associated with the Company, our Services, or any website in the Company’s family of websites. We will remove objectionable content if we deem removal to be warranted. The Company is not responsible for any content posted, or actions taken, by any other User that impacts you or your use of our Services. We reserve the right to remove (or not remove) any UGC or content for any or no reason whatsoever. You remain solely responsible for your UGC, and you will be responsible and liable to the Company and its agents with respect to any claim based upon the transmission of your UGC.
To the fullest extent allowed by applicable law, your use of our Services is at your own risk, and the Company is not responsible for any loss, damage, or unsatisfactory performance related to the Services. You are responsible and liable to the Company and its affiliated companies, officers, directors, employees, agents, licensors, and suppliers in respect of all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation by you of this Agreement. The Company reserves the right to assume the exclusive defense and control of any matter that you are responsible and liable for under this paragraph.
Purchases
When making purchases of products or services described in the Services, you may be asked by the Company or by third-party partners to supply certain information, including credit card or other payment information. You agree that all this information is accurate, complete, and current. You agree to pay all charges involved, including things like shipping, handling charges, applicable taxes, and fees incurred by users of your credit card or other payment mechanism, at the prices in effect when the charges are incurred.
We reserve the right to revise the pricing for any part of our Services at any time. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes due and payable. We may, from time to time, modify, amend, or supplement our fees and fee-billing methods, and such changes shall be effective immediately upon being communicated by the Company.
Subject to applicable law, any applicable fees and other charges for fee-based services (including Virtual Currency) are payable in advance and are not refundable in whole or in part, except as expressly provided in these Terms. You are entirely liable for all charges to your account, including any unauthorized charges.
Virtual Content
Our Services may offer the opportunity to purchase or otherwise earn a limited license to use soft currency (“Virtual Currency”) and/or virtual goods such as avatars, badges, skins, etc. (“Virtual Goods”) to be used exclusively in association with your User Account (collectively, “Virtual Content”). Virtual Content, Currency and/or Virtual Goods may never be used in connection with an agreement with other individuals to wager any money or other thing of value without written consent from the Company.
You may obtain Virtual Goods or Currencies by:
- Purchasing them by making a Transaction using “real world” money (“Fiat Currency”)
- Earning it, as a reward for using our Services.
- Receiving it, as a gift from either the Company to our other users.
You have no ownership or other property interest in any of the Virtual Content you obtain, regardless of the means by which you do so, the Company is offering you a non-exclusive, non-transferable, non-sublicensable, revocable, limited license to use its propriety conditioned on you complying to all the terms in this Agreement. All rights in and to your account are, and shall forever be, owned by and benefit the Company. Virtual Content has no monetary value.
We may change the purchasing power of Virtual Currency but we’ll give you notice through the Company’s public outlets or through email whenever we plan to make changes that will significantly impact Virtual Currency negatively. The company, in our sole discretion, can modify, suspend, substitute, replace, cancel, or eliminate any Virtual Good without notice or liability to you.
In an effort to constantly improve our Services, evolve our games and keep said Services safe, fun, and secure, we have the right to delete, alter, move, remove, re-package, re-price, or transfer any and all Virtual Content, in whole or in part, at any time, with or without notice to you, and with no liability of any kind to you.
We will not intentionally delete your Virtual Currency without notice on the Company’s public outlets or through email unless your account is terminated by us for a legitimate reason or by yourself.
Oversight and Anti-cheating
We may actively monitor the use of our Services with specialized software (known as ‘Cheat Detection Software”), both on our servers and on the device you’re using to access and use them, for a variety of different reasons, including preventing a user from gaining an unfair advantage (known as “Cheating” or “Hacking”), reducing toxic behavior from users or improving the Services. We may update our Cheat Detection Software periodically, both it and our Services may transmit details about your User Account, gameplay actions or unauthorized programs or processes connected with cheating.
Unsolicited Ideas Submission Policy
We welcome any input from fans and the community in general. If you submit any creative ideas, suggestions, or materials (collectively, “Unsolicited Ideas”), you hereby grant the Company an exclusive, irrevocable, perpetual, fully transferable, and sub-licensable worldwide right and license to use your submissions in any way, regardless of their nature, through any means and without the obligation to account, credit or make payment to you for any use. Any reservation or rights incorporated in or accompanying your submission will have no force or effect.
To the extent necessary, you agree that you undertake to execute and deliver any and all documents and perform any and all actions necessary or desirable to ensure that the rights to use the Unsolicited Ideas granted to us as specified above are valid, effective, and enforceable, and you waive and agree never to assert those rights to the maximum extent permitted by the laws of your jurisdiction.
Unsolicited Ideas Submission Policy
If you create UGC, post messages, upload and/or create files, input data, or engage in any form of communication with or through our Service, you are granting the Company a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to (1) use, reproduce, distribute, adapt, modify copy, license, sublicense, adapt, transmit, publicly perform, make, have made, or display any such material, (2) sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the material.
For further clarification, UGC is content created or obtained using tools outside the services that a user then makes available within the service. Content created by using tools included in the Services, like customization tools, is considered to be Virtual Content and is thus the sole property of the Company.
You waive any moral rights you may have in the UGC you created with respect to our use of your consent to the maximum extent permitted by the laws of your jurisdiction. You also represent, warrant, and agree that your UGC does not violate any third-party rights
Governing Law
This Agreement and any actions related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the United Kingdom of Great Britain and Northern Ireland, without regard to its conflict of laws provisions. The exclusive jurisdiction for all disputes that you and the Company are not required to arbitrate will be the Magistrate’s Court located in the City of London, and you and we each waive any objection to jurisdiction and venue in such courts.
Dispute Resolution
This agreement is entered into in the United Kingdom of Great Britain and Northern Ireland and any disputes not subject to binding individual arbitration shall be governed by and construed in accordance with the laws of this state, exclusive of its choice of law rules.
Any dispute, claim, or controversy arising out of or related to this Agreement shall be resolved exclusively by private, binding arbitration, rather than in court, except that qualifying small claims may be submitted in small claims court and either party may seek emergency, provisional relief before the appointment of an arbitrator. Arbitration shall be subject to the Arbitration Act of 1996, and shall be conducted by JAMS London Mediation, Arbitration and ADR Services. The JAMS Rules, including instructions for initiating an arbitration, are available on its website at https://www.jamsadr.com/rules-comprehensive-arbitration.
In order to accelerate resolution and reduce the costs of any dispute or claim related to the terms in this Agreement (“Claim”), you and DISPORTY LTD agree to first attempt to informally negotiate any claim for at least thirty (30) days. The company will send a Notice of Dispute to the email address registered to your User Account.
You and the Company also agree that each of us may bring claims against the other on an individual basis only, and not as a plaintiff or class member in any supported class or representative action or proceeding. Unless both you and DISPORTY LTD agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims, and may not otherwise preside over any form of a consolidated, representative, or class proceeding.
You and DISPORTY LTD agree that the following Claims are not subject to the provisions concerning negotiations:
- Any Claims seeking to enforce or protect, or concerning the validity of, any of your or DISPORTY LTD.’s intellectual property rights
- Any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use.
- Any Claim for equitable relief.
If you have a Dispute with the Company you can send your written notice to DISPORTY LTD., LEGAL DEPARTMENT, ATTN: ARBITRATION OF DISPUTE, 483 Green Lanes, London, England, N13 4BS. Notice must be provided within two (2) years of the Dispute having arisen, but in no event after the date on which the initiation of legal proceedings would have been barred under the applicable statute of limitations. The failure to provide timely notice shall bar all claims.
If you live in the EEA, you may refer the dispute to the European Commission’s Online Dispute Resolution Platform. Within the first year of submitting a complaint with us, you may also try to resolve your dispute with the Company through a mediation procedure.
DMCA Provisions
The Digital Millennium Copyright Act ("DMCA") provides a mechanism for notifying service providers of claims of unauthorized use of copyrighted materials. Under the DMCA, a claim must be sent to the service provider’s designated agent. If you believe in good faith that the Company should be notified of a possible online copyright infringement involving any Online Service, please notify the Company’s designated agent via email at copyright@disporty.com, or you can send a written notice to DISPORTY LTD., LEGAL DEPARTMENT, ATTN: GENERAL COUNSEL, 483 Green Lanes, London, England, N13 4BS. Be aware that your notice of claim must comply with the detailed requirements set forth in the DMCA. You are encouraged to review them (see 17 U.S.C. Sec. 512(c)(3)) before sending your notice of claim.
As stated in the DMCA and other applicable laws, the Company has adopted a policy of terminating, at the company’s sole discretion, registered User Accounts deemed to be repeat infringers. The company may, at its sole discretion, limit access to the Services and/or terminate the account of any user who infringes any intellectual propriety rights of others, whether there is repeated infringement or not.
Liability Limitations
To the extent permitted by law, our total liability to you for any potential loss, harm, or damage suffered by you in connection with your downloading, use and/or access to the Company’s Services is limited to the total amounts paid by you to the Company during the six (6) months immediately prior to the time your cause of action first arose.
Our Services are meant for private and domestic use only, we are not liable for any type of business losses, financial or otherwise. Separately, we are not liable for:
- Any loss that was not foreseeable at the time you entered into this Agreement.
- Any loss that both you and the Company knew might happen only because of your special circumstances existing at the time you entered into this Agreement (including all indirect damages).
Despite anything declared in this Agreement, we do not exclude or limit the Company’s liability to you where it would be unlawful to do so. Some countries, states, provinces, or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated above, so the above terms may not apply to you.
DISPORTY LTD shall not be liable for any delay or failure to perform, including any failure to perform under this Agreement due to unforeseen circumstances or cause beyond the Company’s control such as:
- Hacking, cyber-attacks, data corruption/loss (where we have taken the steps that would reasonably be taken by a company such as ours to avoid this event occurring)
- Force majeure events like war, terrorism, bomb-threats, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
Trademark and Copyright
All materials in our Services, including but not limited to text, data, graphics, logos, buttons, icons, images, audio clips, video clips, links, digital downloads, data compilers, and software are owned, controlled by, licensed to, or used with permission by the Company and is protected by copyright, trademark, and other intellectual propriety rights. These materials are made available solely for personal, non-commercial use and may not be copied, reproduced, republished, modified, uploaded, posted, transmitted, or redistributed in any way, including by email or other electronic means, without our express prior written consent for every instance. You may download any materials intentionally made available to you for download by the Company for your personal, non-commercial use only, provided that you keep intact all copyright and other proprietary notices that may appear on them.
You also agree that unless we grant you a license, in a written contract signed by us, you may never use any of our trademarks, service marks, trade names, logos, domain names, taglines, or trade dress. Any reproduction, redistribution, or modification of the Services, or use of the services not in accordance with this Agreement, is expressly prohibited and may result in severe civil and/or criminal penalties.
Updates and Modifications
We reserve the right to create updated versions of this Agreement at any point in the future and at our sole discretion as our Services change and legislation evolves. When we do, we’ll inform you of the revised Agreement, that supersedes the existing one, through our public communication outlets or through the registered email in your User Account.
In our continuous efforts to improve the quality and evolve our Services, you agree that we may unilaterally change, modify, update, suspend, or restrict access to any features or parts of the Services, including any Virtual Content. You also understand and agree that we may use background patching to automatically update our software with or without notice to you.
Warranty Disclaimer
You assume all responsibilities for accessing and using our Services and for the results obtained from using them. Our Services are provided to you on an ‘as is’ and ‘as available’ basis without warranties or representations of any kind, neither explicit nor implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
The Company may provide external links and pointers to internet websites maintained by third parties, and may sometimes provide materials owned by third parties. The Company, its parent or subsidiary companies or their affiliates do NOT endorse, take responsibility for or operate or control any information, products, or services on these sites.
Miscellaneous
This Agreement, along with the Privacy Policy, constitutes the entire agreement between you and the Company pertaining to the subject hereof. No failure or delay by the Company to enforce any rights or powers under this Agreement may be deemed a waiver of those or any other rights or powers of the Company.
In the event that any provision mentioned in this Agreement is held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect. Any and all prior oral or written understandings or agreements between you and the Company regarding the Services will be superseded by this Agreement.
The original language of this Agreement is English, any translations are provided for reference purposes only. You waive any right you may have under the law of your country to have this Agreement written or construed in any other language.
The original language of this Agreement is English, any translations are provided for reference purposes only. You waive any right you may have under the law of your country to have this Agreement written or construed in any other language.
If you have any questions concerning our Services, or if you would like to get in touch with us for any reason, please contact DISPORTY LTD support at support@disporty.com.
YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS, AND THAT BY SELECTING THE “ACCEPT” BUTTON BELOW OR OTHERWISE USING OR ACCESSING OUR SERVICES, YOU ARE AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS SET OUT IN THIS AGREEMENT.